UN human rights review: What India ‘accepted’, what it merely ‘noted’: 

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UN human rights review: What India ‘accepted’, what it merely ‘noted’

What is the UN Human Rights Council Universal Periodic Review?

  • The Universal Periodic Review (UPR) is a process established by the Geneva-based UN Human Rights Council (HRC), under which the human rights record of each of the UN’s 193 member countries is peer-reviewed every four or five years.
  • Under the HRC’s UPR, every country has the opportunity to make recommendations on every other country’s human rights record.
  • The first UPR took place in 2008, the second in 2012, and the third is ongoing.

What happened in Geneva?

  • India faced the HRC again and promised to “accept” 152 of the 250 recommendations, and “noted” the rest.
  • India’s Permanent Representative to the UN in Geneva Rajiv Chander (who on September 12 had replied to the UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein’s criticism of India with a “sabka saath, sabka vikas” slogan) delivered the Indian statement with its “accepted” and “noted” recommendations, and promised that India would sign the long-pending UN Convention Against Torture.

How are the recommendations compiled?

  • The process starts about a year before the review, when diplomats of the country in question in Geneva and at headquarters begin consultations on the human rights issues expected to be raised.
  • Previous reviews, NGO reports, media debates, and reports of various UN committees (like the Convention on the Elimination of all Forms of Discrimination Against Women) are fodder for countries to ask questions of other countries.

Did India have a friendly troika?

  • Yes. South Africa and India have had very close ties since India led the international struggle against apartheid.
  • Today, they collaborate in the BRICS and IBSA forums.
  • The Philippines, a US ally, is seen to be friendly to India because it wants New Delhi’s support against China on claims in the South China Sea. And Latvia is really too small to matter.

What was so important about India promising to ratify the UN Convention against Torture?

  • India signed the treaty 20 years ago, but never ratified it.
  • In 2010, the Bill was sent to a Parliamentary Committee whose recommendations were never accepted, and the Bill lapsed in 2014.
  • At Geneva, 30 countries, including Germany, Australia, Japan, Israel and Russia, called on India to ratify the convention.

What were the main recommendations made to India?

  • Countries including Switzerland and Pakistan asked for the abolition of the Armed Forces Special Powers Act (AFSPA).
  • Several countries like Germany and the United States said the use of the Foreign Contribution (Regulation) Act to harass and intimidate NGOs should end.
  • Raised concern over restrictions to freedom of assembly and association
  • Several countries asked India to criminalise marital rape.
  • Raised concern about growing violence against women.
  • India has accepted recommendations pertained to sustainable development goals related to eliminating poverty, access to safe drinking water, sanitation and improving protection for women and children.
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