Statement by India at the 40th Session of the Human Rights Council (25 February – 22 March 2019) under Adoption of Resolution A/HRC/40/I. 19 – Situation of  Human rights in Myanmar: Explanation of Vote by India, delivered by Ambassador Rajiv K. Chander, Permanent Representative of India [22 March 2019, Geneva]

Mr. President

         My delegation is of the view that it is important to recognize limits to capacity in Myanmar’s system, bearing in mind its evolving democracy, developing institutional capacities, and its engagement in the last two decades with the region and the world. Myanmar’s efforts to implement recommendations of the Kofi Annan Commission needs to be encouraged. The Independent Commission of Enquiry (ICOE), with eminent leaders from the Philippines and Japan, should be engaged with constructively.

2. We also welcome the fact that the ICOE has responded positively to the suggestion of the UNSG’s Special Envoy, Amb. Christine Burgener that it should engage with UN Human Rights entities. It is instructive that the Special Envoy of the Secretary General has not only been able to visit Myanmar 5 times in 9 months, but has also opened an office in Nay Pyi Taw. Building trust is key to helping address the problem. Supporting extensive recommendations regarding legislative and policy actions and threatening Myanmar with punitive action, including at the ICC, to which that State is not a signatory, will only be counter-productive.

3. We have always maintained that the promotion and protection of human rights is best achieved through constructive engagement and dialogue with the country concerned. In this background, my delegation has abstained from the Resolution being considered by the Council.

I thank you, Mr. President.