4. Views expressed on the outcome by the State
under review and concluding remarks
416. Following concluding remarks were made by India on the outcome of the review. The Head of Delegation thanked everyone for their presence and participation as well as for their warm expressions of friendship and goodwill for India. India reciprocated those sentiments.
417. The delegation had listened carefully to all the statements made, including those by non governmental organizations and the National Human Rights Commission of India. He stated that India was encouraged by their active participation in the debate and the fact that many non governmental organizations from India were able to come all the way to Geneva to participate in this meeting was reflective of the vibrancy of India’s civil society. A number of issues were raised in those statements. Where issues had already been addressed by India in the interactive dialogue, he invited participants to refer to the report of the Working Group and to its response to the recommendations made during the interactive dialogue. He proceeded to make some general remarks and broad observations on some issues.
418. India was conscious of its human rights challenges; no country in the world can claim a perfect human rights record and India did not claim to have one. Implementation in a country as vast, populous and diverse as India was always a challenging task and there would always be some instances resulting in human rights violations. What was important, he said, was to have in place an effective institutional framework to address such violations. India’s democratic polity with an independent and impartial judiciary, free and independent press, a vibrant civil society and powerful and independent National Human Rights Commission, provided the requisite framework for the promotion and protection of human rights. A range of legislative and administrative measures had been taken to seek improvement in all aspects of human life. India has persevered diligently and would continue to do so; it was a work in progress. India remained open to suggestions and advice. In this regard, the delegation had carefully noted the observations and suggestions made by participants during the course of the discussion today and would give them due consideration with an open mind. However, this would have to be done within the parameters set out by the Indian Constitution which was among the most progressive in the world.
419. The Head of Delegation explained that many of the human rights challenges that India faced were rooted in poverty and underdevelopment. India was committed to the realization of the right to development of its people and was conscious of the obligations for the State arising from it. India sought to pursue this right by providing an environment for inclusive and accelerated growth and social progress within the framework of a secular and liberal democracy. Through a combination of offering entitlements, ensuring empowerment and stepping up public investment, the Government has sought to make the growth process more inclusive. To give a new impetus to its efforts for the realization of the right to development for its people, India had launched several new and ambitious initiatives in the areas of employment, education, and health. Further, in order to ensure that benefits of these schemes reached the people, a major step for empowerment of people has been taken through the enactment of the Right to Information Act, which was a very strong tool available to the people to ensure accountability of the Government. It had led to transparency, accountability and openness in the governmental process.
420. With reference to some specific issues, he stated that many delegations referred to the issue of discrimination against members of scheduled castes and scheduled tribes communities. India had been deeply conscious of the need to empower the scheduled castes and scheduled tribes and was fully committed to tackling any discrimination against them at every level. He stated that an impressive array of constitutional, legal and administrative measures have been taken to empower the traditionally disadvantaged sections of Indian society.
421. The Head of Delegation spoke of the need to clarify one misconception often noticed among the participants in multilateral forums. It was often suggested that India denied the existence of the phenomenon of caste-based discrimination. This was clearly not the case. India was deeply conscious of this phenomenon and its Constitution had explicit and elaborate provisions to address this issue. He emphasized that there was no discrimination at the level of the State. On the contrary, an extensive affirmative action programme had been launched for the empowerment of the scheduled castes which was without parallel in its scale and dimension. However, when it came to the society as a whole, it was known that changing age old mindsets required sustained effort and patient application. India was committed to persevering in its efforts for attaining equality for all. It also recognized that action at the level of the Government only was not enough and had been engaging constructively with all relevant stakeholders. He further clarified that the caste system, which was unique to India, was not racial in origin, and therefore, caste based discrimination cannot be considered a form of racial discrimination. This was India’s settled position and not subject to review.
422. As regards the situation of minorities, he stated that “secularism” was one of the basic features of the Indian Constitution which can not be amended. The Constitution also ensured freedom for those who profess to have no religion and scrupulously restrained the State from discrimination on the grounds of religion. India was a diverse society which was home to almost all major religions of the world with, perhaps, unmatched pluralism and tolerance and it took immense pride in that fact. A range of legislative and executive measures had been taken for the effective implementation of safeguards provided under the Constitution for the protection of interests of minorities. These included a statutory body in the form of a National Commission, establishment of a new Ministry of Minority Affairs, as well as the launch of the Prime Minister’s new 15-point programme for the welfare of minorities.
423. In conclusion, the Head of Delegation thanked everyone for their participation in and contribution to the universal periodic review of India, and that India had immensely benefited from this constructive engagement with the Council and considered it a positive experience. India was committed to following up on the recommendations emanating from this process in an inclusive manner. Its commitment was not limited to these recommendations. India’s vibrant democratic polity required it to continuously pursue higher norms and standards. He stated that India looked forward to returning to the Council in the next cycle to report on the progress made in its pursuit of human rights.
Brazil
424. The review of Brazil was held on 11 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 Brazil in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/1/BRA/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/1/BRA/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/1/BRA/3).
425. At its 15th meeting, on 10 June 2008, the Council considered and adopted the outcome of the review on Brazil (see section C below).
426. The outcome of the review on Brazil is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/27), together with the views of Brazil 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.
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