Statement by India at the Informal conversation on Special Procedures together with the Coordination Committee of Special Procedures, delivered by Mr. Pawan Badhe, First Secretary, Permanent Mission of India (Geneva, 11 December 2020)

Madam Chair,

1. We thank the Coordination Committee for organizing this informal conversation as part of the ongoing dialogue and engagement of the Coordination Committee with the States and other stakeholders. This gives us an opportunity to discuss working methods and developments related to the Special Procedures, including in relation to the pandemic and the financial situation.

2. This year has been unprecedented in terms of the pandemic and its impact on the vulnerable. In this regard, we appreciate the work done by the Special Procedures in analyzing the impacts of Covid-19 pandemic in their fields of work. We understand that due to the pandemic, mandate holders also could not conduct many country visits, which were planned. However, we remain committed to work closely with the Special Procedures and support their efforts in carrying out their mandated activities.

3. Though in person meetings have not been possible with the mandate holders, we have made every effort to have continued interaction with the Special Procedures by holding virtual meetings and briefing them on various initiatives taken by the Government of India for the promotion and protection of human rights in these difficult times.

Madam Chair,

4. We believe that the Special Procedures while reporting on any State, should ensure that their statement on the human rights situation in the concerned States is compatible with their mandate and respects the principles of the integrity, independence, and impartiality which their status requires, and promotes a constructive dialogue with the State for the promotion and protection of human rights. We feel that both the States and the Special Procedures should make conscious efforts to foster such a constructive dialogue.

5. It is important that the Communications sent by Special Procedures are based largely on verified information and every effort should be madeto avoid using unverified third-party information as the basis of these Communications, while giving due consideration to inputs provided by the States.

6. Of late we have observed that communications have been sent on cases which are before the National Courts or where the domestic redressal mechanisms or remedies are still available or to be exhausted. It is important to recognize that national institutions work in a constitutional framework with clear division of responsibilities. Such communications which are addressed to the Executive Wing of the government requesting the government to interfere in the judicial process betray a lack of understanding of constitutional scheme of things in democratic societies and in no way contributes to the promotion and protection of human rights. It would be therefore useful for the Special Procedures to have a better appreciation of the institutional set up in a country before sending such communications.

7. We look forward to continued interaction with the Coordination Committee to improve the effectiveness of the working methods of the Special Procedures for the benefit of all. India remains committed to support the Special Procedures in their efforts towards promotion and protection of Human Rights.

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