Permanent Mission of India
Geneva
Human Rights Council - 31st Session
[9 Feb - 24 March 2016]
Agenda Item 4: General Debate
[15 March 2016]

Statement by H.E. Mr. Ajit Kumar,
Ambassador & Permanent Representative of India to UN & other International Organizations

Thank you Mr. President,

As we celebrate the tenth birthday of the Human Rights Council, it offers an opportune occasion to reflect on Council's work under the Agenda item 4.

2.   We firmly believe that the effective way to promote universal respect for protection of all human rights on a sustained basis, is through genuine international cooperation and constructive dialogue guided by the principles and purposes of the UN Charter. The founding objective of this Council was to act as a platform that precisely facilitates such dialogue and cooperation and not to repeat the mistakes of its predecessor.

3.   We note with particular concern at the perpetuation and proliferation of country-specific mandates under this agenda item, focusing only at developing countries. The success of UPR mechanism provides an interesting contrast to what item 4 has so far achieved. Unlike the UPR, interventions made during interactive dialogues under this agenda item have not been able to generate genuine dialogue and have only increased confrontation leading to further politicization of the Council.

Mr. President,

4.   The proclivity for quick, one-sided fixes and selective country listing not only breaches the principles of universality, objectivity and non-selectivity but also undermines the confidence of States in the Council and its mechanisms. One cannot be in constant denial that this is not affecting the credibility of the organization itself.

Mr. President,
5.   The Council must squarely face the human rights challenges of our times, which arise from actions of non-State actors as well. We must avoid double standards and deal with similar situations in a different fashion. Human rights challenges should be addressed in the Council setting through a constructive, non-confrontational, non-politicized and objective manner. In this context it is useful to recognize that the original title of Item 4 is "Human rights situations that require the Council's attention", could go beyond country situations to include issues such as the grave migrant/refugee crises that demand our urgent and equal attention.

6.   As we look forward, the emphasis of the Council should be on advocating an enabling environment, both at the national and global levels, under which justice and respect for the obligations arising from international human rights law can be promoted. This is best achieved through a holistic and integrated approach to human rights based on the principles of inter-dependence, inter-relatedness, indivisibility and universality of all human rights including the Right to Development.

7.   Emphasis should be given in eliciting the full participation and cooperation of the concerned State. The specific circumstances of the country concerned should be given due cognizance. Our collective efforts should be aimed at both promotion - which entails strengthening of national capacities without any conditions attached - and for protection, an approach that is informed by dialogue, consultation and consensus building conducted in an atmosphere of mutual trust and cooperation.

I thank you, Mr. President.
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