Explanation of Vote by India before the adoption of the resolution on ‘Mandate of Special Rapporteur on the human right to a clean, healthy and sustainable environment’ at the 55th session of Human Rights Council (26 February – 5 April 2024) delivered by Mr. Kshitij Tyagi, First Secretary, Permanent Mission of India, Geneva, 3 April 2023

Mr. President,

1.  We thank the core group for their efforts and constructive engagement throughout the negotiations that allowed for incorporation of various suggestions by Member States in the text.

2.  India is deeply committed to the promotion and protection of human rights of its people, including in the context of the environment. Environmental protection is part of our cultural ethos. Our traditions of living in harmony with nature are rooted in antiquity. We have worked with partners for significant global initiatives for environmental protection, including the International Solar Alliance, the Global Biofuels Alliance, the Coalition for Disaster Resilient Infrastructure and the Leadership Group for Industry Transition.

3.  Throughout the negotiations, we participated constructively with a view to reaching consensus on the text. While some of our proposals have been taken on board and the text is more balanced as a result, some of our key concerns in respect of the resolution under consideration still remain.

Mr. President

4.  In our view, neither HRC nor UNGA resolutions themselves create legally binding obligations. It is only through conventions and treaties that State parties commit to a new human right and undertake appropriate obligations for its realization. At this stage, there is no agreed definition of the terms ‘clean’, ‘healthy’, or ‘sustainable’ that have been used to qualify the right. They remain open to subjective interpretation.

5.  India had abstained on HRC resolution 48/13 that had recognized the human right to a clean, healthy and sustainable environment. While we had voted in favour of UNGA resolution 76/300, we dissociated from its OP1 that recognized the right to a clean, healthy and sustainable environment as a human right. We had expressed our concerns both in terms of procedure and substance. We also dissociated from concerned paras of HRC resolution 52/23 that had reference to States' obligations in the context of the right to a clean, healthy and sustainable environment whereby no differentiation had been made between obligations of States who recognized the right and those that did not, and where the text did not acknowledge the fact that the right is yet to be negotiated intergovernmentally between States. In the text of the present resolution, there are similar references in OP 4(a), (c) and  (e).

Mr. President,

6.  We remain steadfast in support of any effort towards furthering international cooperation for environmental protection. However, for the aforementioned reasons, we cannot support this resolution in its entirety. If it is adopted by consensus, we will join the consensus but dissociate from OP 4 (a), (c) and (e).

I thank you.