392. In closing, the representative of the United Kingdom stated that the delegation would reflect comments made during the meeting back to colleagues in the capital. On the issue of pretrial detention, the Council was referred to the document circulated which provides detailed responses to concerns, and the representative reiterated that the proposal regarding pretrial detention is the subject of significant public and parliamentary debate. The proposal to move to 42 days is a reserve power, only to be used in specific circumstances set out in the legislation. The power is temporary and detention is subject to stringent judicial safeguards, including the approval of a judge, at least every seven days. The proposal in the counter-terrorism Bill will enable the limit to be extended if there is a clear operational need to do so because of a grave exceptional terrorist threat to the United Kingdom. The representative also thanked Nigeria for acknowledging the United Kingdom’s position that it considers economic, social and cultural rights to be as important as civil and political rights, and that all rights are mutually interdependent and interrelated. In response to Pakistan’s reference to paragraph 23 of the report of the Working Group, he stated that the response of the Minister can be found in paragraph 25 of the same report. Regarding the intervention of the Russian Federation, the Minister had made it clear during the review that it is necessary to protect public safety and national security, while stressing the need to ensure full respect for human rights. Finally, the representative of the United Kingdom thanked the representatives of civil society who had taken the floor during the meeting, and re-affirmed commitment to civil society participation in the follow-up process.
India
393. The review of India was held on 10 April 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by India in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/1/IND/1 and Corr.1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/1/IND/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/1/IND/3).
394. At its 15th meeting, on 10 June 2008, the Council considered and adopted the outcome of the review on India (see section C below).
395. The outcome of the review on India is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/26), together with the views of India concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/8/26/Add.1).
1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments
396. The Head of Delegation and Permanent Representative of India to the United Nations Office at Geneva stated that the present deliberations will conclude the first phase of a very productive process which India embarked upon with the preparation of its national report some six months ago. He explained that during the interactive dialogue of the universal periodic review of India, which was held on 10 April 2008, the Indian delegation, at that time, had been constituted in keeping with the importance of the occasion as well as the broad range of issues that were likely to come up given the diversity and size of India. The delegation included the Solicitor General of India and representatives from a number of relevant ministries and departments. He stated that the interactive dialogue was very rich and productive and witnessed the participation of a large number of States members and observers of the Council. India had tremendously benefited from that process by learning how its efforts for the realization of human rights for its people were viewed and assessed by the international community. It was indeed a matter of great satisfaction that there was a clear and positive recognition of India’s efforts and that many of the initiatives it had launched were viewed as example of best practices.
397. He stated that a number of recommendations were made by delegations during the interactive dialogue, which were recorded in the report of the Working Group. India had carefully examined these recommendations in consultation with the concerned ministries and departments. It also examined them with an open mind to constructively assess how their acceptance and implementation could contribute positively to India’s efforts to secure human rights for its people. The Head of Delegation referred to the written response of India (A/HRC/8/26/Add.1), which indicates India’s position on these recommendations, while accepting a majority of them.
398. The Head of Delegation stated that while the universal periodic review was primarily an intergovernmental process, it had been designed to facilitate the effective participation of non governmental organizations and national institutions. He added that these other stakeholders have thus far participated in the universal periodic review of India in an indirect manner and looked forward to listening to their views on the outcome, which will receive India’s due consideration.
399. India looked at the universal periodic review as a continuous process and not a one-time exercise. The present deliberations marked the conclusion of the first phase of its work and the commencement of the second phase, during which India will pursue the implementation of recommendations that it had accepted here. The Head of Delegation stated that the commitment of India is not limited to these recommendations. India’s vibrant democratic polity required it to continuously pursue higher norms and standards, in the area of human rights as well as development. The delegation was confident that India will have significant progress to report in its pursuit of human rights at the time of its next review.
400. He also conveyed the delegation’s appreciation to the troika members, the representatives of Ghana, Indonesia and the Netherlands, for their constructive approach in the preparation of the report of the Working Group on the review of India and thanked OHCHR for its excellent organization of and support to this process.
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