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Statement by Shri Ajit Kumar, Ambassador and PR of India to the UN in Geneva on behalf of Like Minded Group at Human Rights Council - 32nd Session (13 June-01 July 2016) under Agenda Item 5: Human Rights Mechanisms - General Debate

Permanent Mission of India
Geneva

Statement by Shri Ajit Kumar, Ambassador and PR of India to the UN in Geneva on behalf of Like Minded Group at Human Rights Council – 32nd Session (13 June-01 July 2016) under Agenda Item 5: Human Rights Mechanisms - General Debate

23 June 2016

Mr. President,

India has the honour to deliver this statement on behalf of 30 countries of the LMG Group

We acknowledge that Special Procedures mandate holders constitute an important mechanism of this Council for productive collaboration towards strengthening the capacity of Member States. This very significance makes it all the more important that the mandate holders are truly impartial and carry out their duties in conformity with their mandate and the Code of Conduct as stipulated in Resolution 5/2.

2. The comments and recommendations by mandate holders should also conform to their respective mandates. The outcomes of their efforts need to be constructive and not be driven by ideological and ulterior motives. This would help the concerned governments to fully acknowledge their reports and take the requisite follow-up actions. It would be useful for both the mandate holders as well as the Member States if misguided attempts at self-glorification and easy publicity through unfounded, sweeping generalizations were avoided, including through issuing joint press releases on issues beyond their mandates.

3. We fully understand the need of the mandate holders to communicate their work to a wider audience through press releases and statements but we reiterate the need for them to be based on verifiable information duly cross checked to the best extent possible as emphasized in Article 6 & 8 of the Code of Conduct. Comments and responses received from the Country concerned should also be highlighted in their statements.

Mr. President,

4. At present, if we exclude Working Groups that by design have equitable regional distribution, nearly half of the thematic mandate holders continue to be from one region. As mandated by the HRC resolution 5/1, the selection and appointment of the mandate holders should ensure equitable geographic representation along with an appropriate representation of different legal systems. This would help provide geographical, professional and cultural diversity, which is crucial in comprehending diverse countries with which mandate holders engage.

5. The issue of adequate funding remains a challenge to the Special Procedures systems. We have repeatedly expressed our concern that reliance on voluntary contributions and earmarked funding carries the potential of adversely impacting the functioning of the mandate holders. Such earmarked contributions often result in privileging some mandates over others. It is important that mandated activities regarding special procedures are undertaken independently, are of equal importance and are not unduly influenced by the source of funds. The need for full transparency in the funding of the special procedures was underscored in UNGA Resolution 65/281 that reviewed the functioning of the Human Rights Council. We welcome the recent initiative under which mandate holders are required to disclose support received from other sources. However, the utilization details of these additional funds remain unavailable.

Mr. President,

6. As we celebrate the 10th anniversary of the Council, there is a clear concern that the Council needs to shun all shades of politicization if it is to avoid the fate of its predecessor. Special Procedures mandate holders too bear a responsibility in this regard. Their transparency and independence will reinforce the trust and confidence of Member States in this important mechanism.

Thank you Mr. President.
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List of countries supporting the Statement