General Comments by India on consideration of the resolution on “Mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change” at the 48th Session of Human Rights Council (13 September 2021 - 08 October 2021) delivered by Ms. Seema Pujani, Second Secretary, Permanent Mission of India [Geneva, 08 October 2021]

Madam President,

We thank the core group for its constructive engagement and efforts to address concernsas well as incorporate different perspectives.

Climate change has emerged as the gravest global challenge.  It is a significant priority for India. Despite huge developmental challenges, India has been taking ambitious action on expanding clean and renewable energy, energy efficiency, afforestation and bio-diversity. India has taken a lead in bringing together international coalitions such as International Solar Alliance and Coalition for Disaster Resilient infrastructure as well as in helping other countries address this challenge, including through India-UN Development Partnership Fund. We are on track to meet our climate change mitigation commitments. We have achieved our voluntary target of reducing emissions intensity by 21% over 2005 levels, by 2020 and are poised to achieve 35% reduction well before the target year of 2030.

Madam President,

The issue of creation of a separate mandate for addressing the impact of climate change on the enjoyment of human rights was most recently discussed in Council resolution 47/24 on ‘Human rights and climate change’ adopted in July 2021. While we had dissociated from the concerned operative para, in view of our abiding commitment to the cause of climate change, we had voted in favour of that resolution. We had expressed thatthe mandate of the existing Special Rapporteur on human rights and the environment could and has comprehensively addressed the issue of climate change. Creating another mandate may lead to duplication and would not add any value.  Resolution 47/24 encouraged ‘continued discussions’ among States and other relevant stakeholders on the possible creation of such a mandate. In our opinion, running another resolution for the creation of the mandate at the next sessionhas not accorded priority to consensus building.

MadamPresident,

The principles of Equity and Common But Differentiated Responsibilities and Respective Capabilities are the cornerstone of the discourse on climate change, which are part of the Paris Agreement and the UN Framework Convention on Climate Change. The Convention is the main multilateral forum for addressing climate change, with a near-universal membership. Issues pertaining to and arising from climate change, are a global responsibility, and are being dealt with as per the Convention, its Kyoto Protocol and the Paris Agreement.

Agreeably, both climate change and human Rights, are global issues. However, establishing a linkage between the two is neither tenable nor maintainable in law. There are adequate established mechanisms which consider institutional, legal, infrastructural, as well as social aspects to review climate actions internationally under the UNFCCC framework. We cannot support the establishment of a parallel process under an entirely different multilateral mechanismby the Council, which aims to bring Climate Change within the purview of human rights.

We strongly believe that we need more global climate action. According to the Paris Agreement, the developed countries are required to take lead in climate action in terms of mitigation, adaptation, and means of implementation and support towards finance, technology development & transfer and capacity building, and are encouraged to take stock of their historical responsibility. We do not think the resolution will contribute towards achieving this objective.

Madam President,

For these reasons, we will not be able to support the resolution.

I thank you.