General Comments by India on consideration of the Resolution on ‘National Human Rights Institutions’ at the 51st Session of Human Rights Council (12 September - 7 October 2022) delivered by Ms. Seema Pujani, First Secretary, Permanent Mission of India, Geneva
(7 October, 2022)
Thank you, Mr. President.
We thank the delegation of Australia for its leadership and constructive engagement on the resolution under consideration.
India is strongly of the view that the National Human Rights Institutions (NHRIs) play a critical role in the promotion and protection of human rights in a democratic polity, especially in the prevention of human rights violations. Our National Human Rights Commission, accredited ‘A’ status, has served as a platform for redressal of complaints of human rights violations for millions of Indians over the last 3 decades of its existence. Therefore, we believe that the contribution of the NHRIs should be discussed in the Council and appreciated with a view to further strengthening their functioning.
It is in this spirit that India has remained engaged throughout the negotiation process.
The resolution in question seeks to bring into focus the issue of climate change in the work done by NHRIs. Undoubtedly, climate change is a global challenge and a serious threat looming large over humanity.
However, we remain concerned that NHRIs do not have the necessary expertise to monitor, report to or advise the Government on issues of design and implementation of climate change mitigation and adaptation policies, which is required of them in this text. The excessive thematic attention to climate change also takes away from the primary objective of the resolution and its generic nature by burdening the NHRIs with specific responsibilities.
Mr. President,
The principles of Equity and Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC) are the cornerstone of the discourse on climate change, which are part of the Paris Agreement and the UN Framework Convention on Climate Change (UNFCCC). The Convention is the main multilateral forum for addressing climate change, with a near-universal membership. We should avoid any duplication in the Council.
While we’re thankful that one of our proposals for inclusion of agreed language from HRC resolution 50/9 on ‘Human rights and climate change’ that reaffirms the UNFCCC and Paris Agreement has been incorporated in PP6bis of the current text, we are disappointed that it has been abridged. We also regret that the principles of equity and CBDR-RC do not find any mention in the text.
We’re of the view that in its present form, the draft resolution lacks balance. However, taking into consideration our commitment to climate action and the role played by NHRIs, we will not break consensus on the resolution and will dissociate with all the preambular and operative paragraphs that pertain to climate change, namely, PP6bis, PP19bis, PP20, PP20bis, PP20ter, PP22, PP24 as well as OP8 (i) and (j).
I thank you.
