Statement by India at the Informal conversation with the Special Procedures Coordination Committee delivered by Mr. Pawan Badhe, First Secretary, Permanent Mission of India (Geneva, 2^nd June 2021)

Madam Chair,

1. I thank the Coordination Committee for organizing today’s informal conversation between the members of the Council and the Coordination Committee of the Special Procedures with a view to foster dialogue and engagement. This gives us an opportunity to share our views and concerns on the working methods and functioning of the Special Procedures.

2. Undoubtedly, Covid pandemic, during over past one year, has posed unprecedented challenges, impacting on the way we have conducted our business in the Council. In this context, I appreciate the work being done by Special Procedures, including their reports and comments, with special focus on the impact of Covid-19 pandemic in their fields of work.

3. It is understood that, due to the pandemic, Special Procedures could not conduct many country visits, which we and other members had planned. We remain committed to work closely with the Special Procedures and support their efforts in carrying out their mandated activities, including visits.

4. India highly values the work being carried out by the Special Procedures and the contribution they have been making in promotion and protection of specific human rights, as per their mandate. As in-person meetings have not been possible with mandate holders, My PR endeavoured to hold interaction with Special Procedures through virtual meetings with a view to brief them on our various initiatives, our challenges and our efforts towards promotion and protection of human rights for our people.

Madam Chair,

5. Given the importance that we attach to the work of Special Procedures, it has been our endeavour to respond to their requests for information and clarification. We have also been sharing suo motu information with them, relevant to their work, highlighting our efforts for promotion and protection of human rights.

6. However, we have been concerned about some recent trends in functioning of the Special Procedures, which in our view impact negatively on their efficacy and credibility, and their relationship with member States and which may harm the institution of Special Procedures. In a constructive spirit, we would like to point out the following concerns pertaining to the functioning of the Special Procedures.

1. i) We have noticed that some Special Procedures have been resorting to issuing press statements, without waiting for inputs from the States. Press statements should be the last and not the first recourse and should be resorted to only after all the other avenues of communication with the concerned States have been exhausted.  Naming and shaming should not be resorted to by Special Procedures as it diminishes the prospect of cooperation between the States and the Special Procedures.    
2. ii) There has also been a tendency amongst Special Procedures to join joint communications or press statements on issues which fall outside their mandates. The definition of the mandates cannot and should not be overstretched to cover all the basic human rights.   
3. iii) We believe that it is important that the Special Procedures, while highlighting concerns, do not, unintentionally or intentionally, undermine the administrative, legal and judicial institutions of the States.  They should endeavour to have a better understanding of the legal and judicial processes of the States concerned. Of late, we have observed that communications have been sent on cases which are before the judiciary or where the domestic redressal mechanisms or remedies are still available and have not been fully exhausted.  It is important to recognize that democracies work on the basis of rule of law, equality before Law and respect for constitutional judicial, legal and administrative institutions by the people and their authority should not be questioned or undermined.
4. iv) It is important that the Communications sent by Special Procedures are based on verified information and every effort is made to avoid making assessments on the basis of unverified third-party information on human rights situations. Due consideration must be given to the inputs provided by the States. The tendency to question the authenticity or credibility of the information provided by States is deleterious to the goal of forging cooperation between the Special Procedures and the States and is detrimental to the goal of promotion and protection of human rights. 
5. v) We believe that the Special Procedures, while reporting on any State, should ensure that their statements on the human rights situation in the concerned States are compatible with their mandate and respect the principles of the integrity, independence, and impartiality, which their mandate requires, and promote constructive dialogue with the State for the promotion and protection of human rights. We feel that the Special Procedures mandate holders should make conscious efforts to foster such a constructive dialogue.

7. We look forward to continued interaction with the Coordination Committee to improve the effectiveness of the working methods of the Special Procedures in the interest of the institution of Special Procedures. We hope that there will be an effort to address the concerns raised by member States during this interaction. In conclusion, let me reiterate that India remains committed to support the Special Procedures in their efforts towards promotion and protection of Human Rights.

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