General comment by India on consideration of the resolution on ‘Human rights, democracy and the rule of law’ at 52nd Session of Human Rights Council (27 February – 4 April 2023) delivered by Ms. Seema Pujani, First Secretary, Permanent Mission of India, Geneva, 3 April 2023
Mr. President,
1. We thank the core group for its constructive engagement and the flexibility that it has shown to revise the text to address Member States’ concerns.
2. The subject of the resolution under consideration is of universal significance with its emphasis on the interlinkages between democracy, promotion and protection of human rights and the rule of law. The text mandates the next session of the Forum on Human Rights, Democracy and the Rule of Law focusing on ‘Democracy and climate change: focusing on solutions’. As the world’s largest democracy, the importance India attaches to this theme cannot be overemphasized.
3. The grave global challenge posed by climate change is undoubtedly a key concern for us. We strongly believe that we need more global climate action. We have taken a lead in bringing together international coalitions such as International Solar Alliance and Coalition for Disaster Resilient infrastructure as well as in assisting other countries to address the challenge of climate change, including through India-UN Development Partnership Fund. Mission LiFE launched recently by Prime Minister Modi alongside Secretary-General Guterres promotes a sustainable way of living based on values of conservation and moderation, through a mass movement. We submitted revised Nationally Determined Contributions (NDCs) to the UN Framework Convention on Climate Change (UNFCCC) in August 2022. Our long-term goal is to reach net-zero by 2070.
4. India has always been of the view that the issues pertaining to and arising from climate change are a global responsibility and that the UNFCCC is the main multilateral forum for addressing climate change, with a near-universal membership. We should avoid any duplication in the Council. Throughout the negotiations, along with a number of developing countries, we stressed the importance of reaffirming the foundational principles of equity and Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) in the text, which are the cornerstone of the discourse on climate change and are part of the Convention and the Paris Agreement.
5. The very first report of the OHCHR on the relationship between climate change and human rights of 2009 made it clear that there is no dichotomy between the principle of CBDR-RC and the promotion and protection of human rights. Paragraph 87 of this report states, I quote - “Human rights standards and principles are consistent with and further emphasize ‘the principle of common but differentiated responsibilities’ contained in the United Nations Framework Convention on Climate Change” - end quote.
6. Therefore, we reiterate that any Council resolution that seeks to discuss climate change substantively must acknowledge the fundamental principles of equity and CBDR-RC as well as duly reference the primacy of specialised forums with necessary expertise on the issue, such as the UNFCCC.
I thank you.
