Statement by India at the 25th Session of the Human Rights Council Advisory Committee (15-19 February 2021) under Item 3 (d) on ‘Negative effects of terrorism in the enjoyment of human rights’ delivered by Mr. Pawankumar Badhe, First Secretary on 17 February 2021 in Geneva

Thank You Mr. Chair,

We were looking forward to the Advisory Committee’s report on the negative impacts of terrorism on the enjoyment of human rights and fundamental freedoms. We hope that the Drafting Group of the Advisory Committee report is able to present its report as per the mandate given to the Advisory committee by the HRC Resolution 34/8 at the earliest. We caution against the Committee diverting its attention to the matter extraneous to its mandate.

2. It is the duty of the States to protect individuals under their jurisdiction against interference in enjoyment of their human rights in particular, the right to life. Right to life is preeminent , because it enables enjoyment of all other rights. Terrorism is an attack against fundamental rights of individual, such as freedom of thought, expression and association and the right to life, liberty and security of the person. Terrorism often impedes the ability of the Governments to work towards social and economic development of the people.

3. Some States lack the legal and operational frameworks and technical expertise needed to detect, investigate, and prosecute terrorist financing cases. It is important for States to build capacities for effective border controls, prevent misuse of modern technologies in the area of communication, monitor illicit financial flows and cooperate in investigation procedures and judicial processes.

4. India’s External Affairs Minister, speaking at the UNSC last month, gave the following eight point Action Plan for the UN system to credibly address the menace of terrorism and ensure effective action:

i) First, we must all summon up the political will to combat terrorism. There must be no ifs and buts in this fight. Nor should we allow terrorism to be justified and terrorists glorified. All member States must fulfill their obligations enshrined in international counter terrorism instruments and conventions.

ii) Two, we must not countenance double standards in this battle. Terrorists are terrorists; there are no good and bad ones. Those who propagate this distinction have an agenda. And those who cover up for them are just as culpable.

iii) Accordingly, we must reform the working methods of the Committees dealing with Sanctions and Counter Terrorism. Transparency, accountability and effectiveness are the need of the day. The practice of placing blocks and holds on listing requests without any rhyme or reason must end. This only erodes our collective credibility.

iv) Four, we must firmly discourage exclusivist thinking that divides the world and harms our social fabric. Such approaches facilitate radicalization and recruitment by breeding fear, mistrust, and hatred among different communities. The Council should be on guard against new terminologies and false priorities that can dilute our focus.

v) Five, enlisting and delisting individuals and entities under the UN sanctions regimes must be done objectively, not for political or religious considerations. Proposals in this regard merit due examination before circulation.

vi) Six, linkages between terrorism and transnational organized crime must be fully recognized and addressed vigorously.

 vii) Seven, combating terrorist financing will only be as effective as the weakest jurisdiction.  The Financial Action Task Force (FATF) should continue to identify and remedy weaknesses in anti-money laundering and counter-terror financing frameworks.  Enhanced UN coordination with FATF can make a big difference.

viii) And eight, adequate funding to UN Counter Terrorism bodies from UN regular budget requires immediate attention.   The forthcoming 7th review of the UN’s Global Counter Terrorism Strategy offers an important occasion to strengthen measures to prevent and combat terrorism and build capacities of member states.

I thank you Mr. Chair. 

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