Statement by India at the 38th Session of the Human Rights Council (18 June to 06 July, 2018) on Agenda Item 9: ID with SR on Racism delivered by Dr. A. Sudhakara Reddy, Counsellor (Legal). [02 July 2018, Geneva]  Statement by India at the 38th Session of the Human Rights Council (18 June to 06 July, 2018) o..

Statement by India at the 38th Session of the Human Rights Council (18 June to 06 July, 2018) on Agenda Item 9: ID with SR on Racism delivered by Dr. A. Sudhakara Reddy, Counsellor (Legal). [02 July 2018, Geneva] 

Statement by India at the 38th Session of the Human Rights Council (18 June to 06 July, 2018) on Agenda Item 9: ID with SR on Racism delivered by Dr. A. Sudhakara Reddy, Counsellor (Legal). [02 July 2018, Geneva] 

Mr. President,

We thank the Special Rapporteur for her report on Racism, Racial Discrimination, Xenophobia and Related Intolerance on the manifestations of defamation of religions.

2. In her current report, the rapporteur identifies contemporary racist practices and xenophobic ideologies based on institutionalized laws and policies, which together manifest a racially discriminatory effect on vulnerableindividuals and groups. This is regrettable. The principle of equality enshrined in the Indian Constitution expressly prohibits any discrimination on the grounds of racism. The International Convention on the Elimination of All Forms of Racial Discrimination provides a strong legal framework addressing many of these contemporary practices.

3. Special Rapporteur, while identifying the discriminatory practices towards non-citizens in respect of nationality and immigration laws, substantiated her observations on the basis of General Recommendations. This approach needs a closer scrutiny. It may be recalled that the Convention on the Elimination of All Forms of Racial Discrimination recognizes the distinction between citizens and non-citizens. General Recommendations as a follow-up procedure need to be in line with the provisions of Convention and should respect traditional canons of treaty interpretation.

4. It is unfortunate that even in the present day and age, the attitudes and thought processes of the bygone era continue to foment racial hatred, xenophobia and segregation perpetuating divisions among states and societies within a state. We need to assess the strengths and weaknesses of the legal framework that is in place to address contemporary forms of racism. We should alsonot overlook the stark and persistent economic inequalities.

5. In conclusion, we are convinced that theConvention obligations along with Durban Declaration and Programme of Action must be pursued to the fullest extent to eradicate all forms of racism, racial discrimination, xenophobia and related intolerance.

Thank You Mr. President.