Statement by India under Agenda 5: Human Rights Bodies and Mechanisms in the 46th Session of the Human Rights Council (22 February – 23 March 2021) delivered by Mr. S. Senthil Kumar, First Secretary, Permanent Mission of India

(Geneva, 17 March 2021)

Madam President,

India holds the view that Special Procedures mandate holders constitute an important mechanism of this Council for strengthening the capacity of Member States in the promotion and protection of human rights.

2. We believe that the trust between member States and Special Procedures mandate holders is a crucial element to ensure the effectiveness and success of Special Procedures in improving human rights situations. To engender trust, it is of utmost importance for Special Procedures to exercise their respective mandates responsibly with objectivity, neutrality, independence and impartiality, in compliance with the Code of Conduct.

3. The observations and recommendations made by mandate holders must conform to their respective mandates. They must be constructive and not driven by ideological and ulterior motives, which damage the cause of realisation of their mandate. Misguided attempts at self-glorification and gaining publicity through unfounded and sweeping generalizations, including through issuing joint press releases on issues beyond their mandates, must be avoided.

4. While we fully understand the need of the mandate holders to communicate their work to a wider audience through press releases and statements, we reiterate the need for them to do so sparingly and judiciously. The press statements must be based on verified information, duly cross checked to the best extent possible, as emphasized in Articles 6 and 8 of the Code of Conduct. It is imperative to wait for the concerned country’s responses and the same should be highlighted in equal measure. The joint statements and press releases should not be deliberately timed to coincide with specific events with a view to embarrass the concerned States. There has been a growing and opportunistic tendency of groups of Special Rapporteurs coming together to issue press statements, with the only purpose to gain publicity.

5. As we are in the 15th anniversary of the Council, there is a clear concern that the Council needs to shun all shades of politicization. Special Procedures mandate holders too bear a responsibility in this regard. Their transparency and independence will reinforce the trust and confidence of Member States in them and will lead to constructive outcomes.

I thank you, Madam President.