Statement by India at the 40th Session of Human Rights Council (25 February – 22 March 2019) under Agenda 5: Human Rights Mechanisms, delivered by Mr. Animesh Choudhury, First Secretary, Permanent Mission of India [13 March 2019, Geneva]

Mr. President,

India acknowledges the role of the Special Procedures towards productive collaboration in strengthening the capacity of Member States. This underlines the importance of the mandate holders to carry out all their duties in conformity with their mandate and the Code of Conduct as stipulated in Resolution 5/2.

2. In accordance with resolution 5/1, the selection and appointment of the mandate holders should be based on equitable geographic representation along with an appropriate representation of different legal systems. This would help in providing geographical, professional and cultural diversity, which is crucial in comprehending diverse countries with which mandate holders engage.

3. Mandate holders should rely on objective and dependable facts as emphasized in Articles 6, 8 and 9 of the Code of Conduct. They should shun the approach of naming and shaming and avoid making sweeping generalisations about issues in countries they are mandated to visit. Further, the practice of issuing detailed press releases at the end of country visits, that are effectively executive summaries of substantive issues and recommendations addressed in the eventual report should be discontinued forthwith. Such press releases are not in order as it is the country concerned that should receive the initial report followed by the submission, after incorporating the responses of the country concerned, of the report to the HRC. The communications from the mandate holders should be issued after ensuring that domestic remedies have been exhausted.

4. We are concerned that reliance on voluntary contributions and earmarked funding carries the potential of adversely impacting the functioning of the mandate holders. It is important that mandated activities regarding special procedures are undertaken independently without undue influence by the source of funds. The need for full transparency in the funding of the special procedures was underscored in UNGA Resolution 65/281.

5. In light of the above, the Council should consider the review, rationalization and improvement of mandates with a focus on the relevance, scope and contents of the mandates in the time leading unto the HRC review in 2021.

Thank You.