Mr. President, 

 

We extend a warm welcome to the President of the Human Right Council, Joaquín Alexander Maza Martelli, and thank him for his detailed statement. 

 

Mr. President,  

 

2. The Human Rights Council plays an important role in furthering our common cause of promotion and protection of human rights for all.  

 

3. Even as the Human Rights Council sought to overcome the challenges faced by its earlier avatar, its work has not been smooth and, regrettably, often proves to be contentious. 

 

4. The reasons for many of the difficulties surrounding the discussions on the human rights agenda are not hard to find. These divergent priorities and concerns stem primarily from the very wide range of spectrum that exists, for instance in terms of the levels of development, social and cultural contexts, governance systems of the member states.  

 

5. At the same time, the palette of human rights also represents an entire range of aspects from civil & political to economic & social and cultural rights and the right to development. The relative prioritization of collective rights versus individual rights is sometimes debated. Agreeing on the right way to promote and protect human rights, including in situations of possible gross violations, is also difficult if it clashes with the idea of sovereignty of nation states.   

 

6. Therefore, while, the global discourse on human rights has continued to evolve, fundamental contradictions remain. The relative prioritisation of individual vs State; national sovereignty vs international norms; universal vs culture-specific approach evoke differing opinions. 

 

7. Constraints on national capacities to implement certain rights; instances of politicization of human rights issues as a foreign policy tool; and perceived intrusiveness beyond mandated activities remain areas of contention. 

 

8. While the international community has developed extensive institutional  mechanisms and normative framework encompassing various aspects of human rights, there are also continuing calls for reforms of some of these mechanisms, including the Human Rights Council itself.  

 

Mr. President, 

 

9. The momentum to eradicate poverty and achieve sustainable development on one hand, and to prevent gross violation of human rights in armed conflicts and terrorist attacks around the world over the past two decades, has informed recent debates on human rights. This is witnessed in the somewhat contradictory approaches inherent in the 2030 Agenda on one hand, and the moves towards external action to protect civilians, on the other. 

 

10. Emerging technologies ranging from cyber to genetic engineering and artificial intelligence will also soon inform such debates in view of their uneven impact on peoples' lives and rights.  

 

Mr. President, 

 

11. The work of the Human Rights Council continues to expand. This is reflected in the large number of resolutions and decisions being adopted on a range of issues and the greater frequency of meetings and provision of special sessions. The effectiveness of its work, however, is not always clear.  

 

12. There is a proliferation of special procedures both on the thematic and country-specific situations. Their work is often also constrained by lack of adequate funds. Opacity of the funding is also an area of concern. There are often problems of certain Special Procedures clearly exceeding their mandates. A more balanced representation in the staffing of institutions such as the OHCHR will add to their effectiveness. Further, the country-specific Special Procedures have largely been counter-productive. Also, the role of the Council in providing technical capacity building has also been limited only to a few situations.  

 

13. In this context, the mechanism of Universal Periodic Review counts as a significant success over the last one decade of the Human Rights Council. Every member state has presented their UPR at least once. Also, significantly, a number of specific recommendations emerging from this very interactive and constructive exercise have been implemented by a number of member states in their domestic context. These are concrete instances of change occurring due to our collective work.  

 

14. This year, India presented Universal Periodic Review, the third in less than ten years, on its human rights record at the Human Rights Council in Geneva. Also this year, India presented its Voluntary National Review on the implementation of the SDGs under the 2030 Agenda here at the UN. Both these voluntary and state-driven processes elicited wide interest and engagement. A similar voluntary aspect is behind the success of the climate action contributions put forward by Parties under the landmark Paris Agreement.  

 

Mr. President,  

 

15. All these are instances of constructive and collaborative engagement for shaping a better collective future. We believe that this cooperative spirit rather than the counter-productive and often politicized 'naming and shaming', is essential to enhance the promotion and protection of human rights globally. 

 

Mr. President, 

 

16. India has engaged actively at the Human Rights Council. India recognizes the primacy of national responsibility and efforts in the realization of human rights.  

 

17. The promotion and protection of Human rights should be addressed in a fair and equal manner with objectivity, respect for national sovereignty and territorial integrity, non-interference in the internal affairs of States, non-selectivity and transparency as the guiding principles. 

 

18. In conclusion, we firmly believe that all State Parties must make all efforts to fulfill their treaty obligations. The emphasis of the Human Rights Council and the Treaty bodies; and Special Procedures and OHCHR should not be confrontational but focus on achieving the desired results through dialogue and capacity building.  

 

I Thank you.