Statement by India under Agenda Item 5 :General Debate on Human Rights Bodies and Mechanisms during 52nd Session of the Human Rights Council, Geneva (27 February – 4 April 2023)delivered by Mr. S. Senthil Kumar, First Secretary, Permanent Mission of India,Geneva, 24March 2023
Mr. President,
The 75th anniversary of UDHR and 30th anniversary of VDPA, offers us an opportune occasion to reflect on the Council's work under the Agenda item 5, in particular, the effectiveness of human rights bodies and mechanisms.
2. My delegation commends the role of Special Procedures in assisting the member States in the promotion and protection of human rights.We reiterate our view that the trust and cooperation between member States and Special Procedures mandate holders is a crucial element to ensure the effectiveness and success of Special Procedures in improving human rights situations. To engender trust and cooperation, it is of utmost importance for Special Procedures to exercise their respective mandates responsibly with objectivity, neutrality, transparency, independence and impartiality, in compliance with the Code of Conduct, as stipulated in Resolution 5/2.
3. Since it is the primary responsibility of the States to improve human rights situation, only in exceptional circumstances the mandate holders should communicate their views to a wider audience through press releases and statements. While doing so, the Special Procedures should take in to account the perspectives of and the information provided by member States and ensure that their statements and press releases are based on verified information as emphasized in Articles 6 and 8 of the Code of Conduct. In addition, these should be due recognition of the challenges faced by the member States.The tendency to make presumptive conclusions based on isolated instances and dubious logic should be avoided, including in the context of joint statements. These measures would enable and strengthen constructive engagement with States.
4. In accordance with resolution 5/1, the selection and appointment of the mandate holders should be based on equitable geographic representation along with an appropriate representation of different legal systems. This would help in providing geographical, professional and cultural diversity, which is crucial in comprehending diverse countries with which mandate holders engage.
Mr. President,
5. The Recommendations made by the Forums on Minority Issues; Human Rights, Democracy and Rule of Law and the Social Forum are useful additions and provide important guidance to the States for their consideration.
6. In conclusion, we reaffirm our commitment to continue promoting constructive dialogue and cooperation within the Council and with its different bodies and mechanisms.
I thank you, Mr. President.
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