Permanent Mission of India
Geneva

33rd Session of the Human Rights Council
(13-30 September 2016)

Agenda Item 2: General Debate on the oral update by UN High Commissioner for Human Rights (HCHR) (14 September 2016)

Statement by H.E. Mr. Ajit Kumar, Ambassador & Permanent Representative of India to UN & Other International Organizations

Mr. President,

1. We thank the High Commissioner for his update on the situation of human rights and OHCHR activities since the last HRC Session.

2.We acknowledge the role sought to be played by the OHCHR in enhancing States’ capacities, at their request, for effective promotion and protection of human rights of their citizens; however more would be gained if primacy were accorded to cooperation over confrontation with States concerned as the guiding principle in our collective effort. 

3.We have noted the reference in the High Commissioner's statement to the situation in the Indian State of Jammu and Kashmir. The whole State of Jammu and Kashmir is an integral part of India. Pakistan remains in illegal occupation of apart of our territory. The two cannot and should not be equated.  The neutrality of the phrase “Indian Administered Kashmir” is, therefore, artificial.  Furthermore, the State of Jammu and Kashmir has an elected democratic government that represents all sections of the people unlike the situation in Pakistan-Occupied Kashmir.

4.The current violence in Jammu and Kashmir has been choreographed from across our border since the death of a known terrorist belonging to an internationally proscribed terrorist organization in police action in July this year. We have shared evidence of terrorists who came across the border with instructions to target our security forces by mingling with protesting crowds and using human shields.  Terrorism, I would emphasise, is the most egregious violation of human rights.

5. Jammu and Kashmir has started to move towards normalcy after sustained and system-wide efforts by both the Central and the State governments, including the exercise of maximum restraint by our security forces, 7000 of whom have sustained injuries till date. India's robust democratic institutions and processes have sufficient tools for redressal of grievances and they are already engaged with this issue across the entire democratic political spectrum.

6.The protection and promotion of human rights on a sustained basis can be best achieved through constructive dialogue and cooperation. States are the primary bearers of responsibility in this regard; countries often have unique national circumstances, and it is important to invest trust in their efforts.

7.India has been appreciative of the High Commissioner's efforts at improving efficiency and streamlining OHCHR’s work. However, we remain concerned at persisting ambiguities in OHCHR governance and administrative arrangements. High Commissioner's proposed Change Initiative requires more clarity. A detailed response to ACABQ's queries in this regard would be a good place to start.

8.Finally, allow me to renew our commitment to extend full cooperation to the High Commissioner and OHCHR for the meaningful and productive discharge of his mandate.

Thank you.