Statement by Mr. Mayank Joshi, First Secretary, on Agenda Item 68 : ‘Promotion and Protection of Human Rights’ (b) Human rights questions, including alternative approaches fro improving the effective enjoyment of human rights an fundamental freedoms (c) Human rights situations and reports of special Rapporteurs and representatives  at the Third Committee of the 69th Session of the United Nations General Assembly on  October 29, 2014

Mr. Chair,

I thank the Secretary General for his valuable reports as well as the High Commissioner for Human Rights and the Special Rapporteurs for their presentations and informative reports under the Agenda item ‘Promotion and Protection of Human rights’.

Mr. Chair,

We welcome the report of the Secretary General on the Right to Development. The right to development is a human right on an equal footing with all other human rights and at the core of the human rights-based approach to development. It recognizes that a human person is at the center of the development process and as the main participant and beneficiary of development. The role played by UNHCR and UN Human Rights mechanisms in promotion and protection of the Right to Development is commendable.

It is vital that the right to development is mainstreamed in a determined fashion into the policies and operational activities of relevant actors at the national, regional and international levels, including multilateral financial, trade and development institutions. In this context, the post-2015 agenda must address the pressing need for reforms at the international level for the realization of the right to development firmly based on the foundation of human rights, including the Universal Declaration of Human Rights and the Declaration on the right to development.

Mr. Chair,

We must recognize that development is at the heart of the globalization process. Globalization has significant impact on human rights. In this regard, global economic governance is equally vital so as to ensure that all countries and peoples can equitably benefit from globalization. Given the transnational nature of effects of globalization, international cooperation is essential in ensuring the full enjoyment of human rights for all.

Mr. Chair,

Terrorism challenges the very principle of freedom from fear and is one of the major threats to the full enjoyment of human rights. Terrorism is an attack on democracy, human dignity, human rights and development. 

Unfortunately, an understanding of the linkage between countering terrorism and promoting human rights remains mired in suspicion and misunderstanding. The challenge lies in striking the right balance between the imperatives of effectively tackling terrorism on the one hand, and fully observing international law and human rights standards, on the other.

The international community has to take unequivocal and resolute position against terrorism in order to enhance cooperation to prevent and stop terrorism aimed at the destruction of human rights, fundamental freedoms and democracy, threaten territorial integrity and security of States and de-stabilizing legitimately constituted governments.

Mr. Chair,

Human Rights defenders play a key role in safeguarding democracy and ensure that it remains open, pluralistic, participatory, and in line with the principles of rule of law and good governance. It is necessary that they operate in a safe and enabling environment. It is India’s considered view that all law-abiding citizens are human rights defenders, and all citizens of India are equal before law and enjoy equal protection of law as guaranteed in our Constitution.

Mr. Chair,

The primary responsibility to promote and protect human rights rests with the States. It is imperative that we fully respect the sovereignty, independence and territorial integrity of all UN member-states, including when considering human rights themes, situations and strategies. Any attempt to single out countries for intrusive monitoring and pointing out the failure of the state mechanism in the promotion and protection of human rights of its citizens can be counterproductive.

The human rights situation in a country is more likely to improve by actions taken by the State and its citizens rather than through an outside intervention. This is the most sustainable method for sovereign governments to discharge their responsibility to promote and protect human rights.

We believe that the best approach to prevent human rights violations is strengthening national institutions through capacity building efforts so that they can function consistent with the rule of law and uphold human rights.

Mr. Chair,

We are in agreement with the recommendations in the reports of Secretary General and Special Rapporteurs that States need to continue to take steps that are primarily policy oriented and legal in nature, to ensure principles of equality and non-discrimination for all its citizens and combat intolerance, negative stereo-typing, stigmatization, discrimination, incitement to violence and violence against persons based on religion or belief.

Reports of Special Rapporteurs on right to food and right to education provide valuable insights into challenges faced by the global community in achieving these objectives. India has taken positive steps in these areas by enacting the National Food security Act in 2013 and also attained nearly full enrolment in primary grades of schooling for both boys and girls and is working narrowing of gender gaps in middle and higher education.

Mr. Chair,

India has consistently demonstrated in practice its commitment to human rights and fundamental freedoms based on firmly rooted foundations of democratic, secular, multi-ethnic, multi-religious, multi-lingual and multi-cultural society. 

With a strong, independent and impartial judiciary, a progressive Parliament, a vibrant civil society, free media an independent national human rights institution, the Indian polity consistently upholds the guarantees enshrined in our Constitution for the protection and promotion of human rights.

The government has enacted several landmark legislations guaranteeing basic rights in the areas of work and employment, education and food security.  The landmark Right to Information Act of 2005 has also been most useful in empowering citizens and transparent and accountable governance. Criminal Law amendment of 2013 secures women and children from exploitation and violence.

Mr. Chair,

India will continue to play its part and contribute to the realization of the ideas enshrined in the International Bill of Human Rights and to promote and protect human rights and fundamental freedoms of each of its citizen.

I Thank You.

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