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Statement by India on behalf of Like Minded Group at the 46th Session of the Human Rights Council (22 February – 23rd March 2021) under General Debate under Agenda Item 5: Human Rights bodies and mechanisms Delivered by Mr. Pawankumar Badhe, First Secretary, Permanent Mission of India, (Geneva, 17th March, 2021)

Statement by India on behalf of Like Minded Group at the

46th Session of the Human Rights Council (22 February – 23rd March 2021) under General Debate under

Agenda Item 5: Human Rights bodies and mechanisms

Delivered by Mr. Pawankumar Badhe, First Secretary, Permanent Mission of India,
(Geneva, 17^th March, 2021)

Madam President,

India has the honour to deliver this statement on behalf of the Like-Minded Group of countries.

2. LMG countries believe that the Special Procedures are an important mechanism of the Human Rights Council towards strengthening the capacity of member States. We reiterate the importance of the mandate holders to carry out all their duties in conformity with their respective mandates with objectivity, neutrality, independence and impartiality and in compliance with the Code of Conduct as stipulated in Resolution 5/2. This would engender confidence and trust among the member States.

3. 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, with a view to ensure a pre-requisite in better understanding and respecting the geographical, professional and cultural diversity of diverse countries with which mandate holders engage.

4. In this regard, the Secretariat shall prepare, maintain, regularly update and publish on its website, disaggregated statistics on mandate holders since the establishment of the Council, including on gender and geographic representation.

5. We emphasise the need to ensure the availability of working documents in a timely manner and in all official languages of the United Nations and to that end, we urge the Secretariat to ensure the availability of the Questionnaires by mandate holders also in all official languages of the United Nations.

6. The Like-Minded Group of countries takes note with concern of some of the press releases and statements issued by the mandate holders. 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, due weightage should be given to the challenges faced by the member States, and the tendency to make presumptive conclusion based on isolated instances should be avoided, including in the context of joint statements. These measures would strengthen constructive engagement with States.

7. The LMG countries would like to caution against the tendency of some mandate holders to use mass media to publicise their observations and assessments which does not serve the intended purpose of promoting and protecting human rights in a country or in a situation. Therefore, imprudent use of mass and social media by mandate holders should be avoided. All comments and recommendations should strictly be confined to their respective mandates and there should be no expansion of the mandate.

8. It is important that mandated activities by Special Procedures are undertaken independently, should be of equal importance and are not unduly influenced by the source of funds or political pressures. We emphasize the need for full transparency in the funding of the special procedures in accordance with GA Res. 65/281.

9. The Council needs to prevent politicization of all human rights issues and all mandate holders, their assistants and the OHCHR, have important responsibility to shun any political considerations in their work.

10. LMG countries reiterate the commitment to continue promoting constructive dialogue and cooperation within the Council and with its different bodies and mechanisms.

Thank you, Madam President.

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List of countries supporting the Statement