New Delhi: At the United Nations Human Rights Council (UNHRC), India abstained on one resolution on the human rights situation in Palestine but voted in favour of three other resolutions condemning Israel on the Golan Heights, its expansion of Israeli settlements in the Occupied Territories and in support of the right to self-determination of the Palestinian people.
While the vote on the resolution critical of Sri Lanka was the cynosure of all attention, India’s voting pattern in other resolutions that criticised the human rights situation in countries ranging from Iran to Israel also reflected India’s long-standing policies.
The UNHRC’s 46th session concluded on Wednesday with the passage of 30 resolutions and one decision. There was voting on 15 resolutions, while the rest were adopted without a vote.
In the resolutions that went to vote, India abstained seven times, voted in favour in six cases and pressed the ‘No’ button only twice.
During the 46th session, there were four Israel-related resolutions before the Council. India abstained from voting on L.31 resolution, titled “Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice”.
#HRC46 | Resolution A/HRC/46/L.31 requests the High Commissioner to report on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability & justice
➡ https://t.co/iJf1wO3Oq7 pic.twitter.com/o11tzl5MW3
— UN Human Rights Council (@UN_HRC) March 23, 2021
The draft resolution, submitted by Pakistan on behalf of Organisation of Islamic Cooperation (OIC) members, merged and replaced two previous resolutions on Palestine, as per sources.
Also read: At UNHRC, India Slams Pakistan, Turkey, OIC for ‘Baseless’ Remarks on Kashmir Issue
When these two resolutions were tabled last year, India had voted in favour of the resolution criticising human rights violations in Palestine but abstained in the second resolution about accountability and justice. While India had not explained the reasoning behind its vote, the second resolution had included a reference to the ongoing procedures at the International Criminal Court, to which India has not acceded.
In the latest iteration, the UNHRC had called upon Israel “to comply immediately with its international law obligations to the protected occupied population, and ensure non-discriminatory access to vaccines for immunisation against the coronavirus disease (COVID-19) in the Occupied Palestinian Territory, including East Jerusalem, including in coordination with the government of the state of Palestine”. The preamble to the resolution mentions that Palestine acceded to the International Criminal Court’s Rome Statute in 2015. This was presumably the reason India abstained, and it is loath to back resolutions that accord primacy to the ICC.
In line with its previous votes, however, India backed three other resolutions critical of Israel on the human rights situation in Syrian Golan, the right to self-determination of the Palestinian people and Israeli settlements.
Israel’s foreign minister, Gabi Ashkenazi ,tweeted that the UN Human Rights Council had proved to be “an anti-Israel, discriminatory, and hypocritical body”. “I thank all the countries who chose not to lend a hand to this circus and the systematic discrimination against Israel,” Ashkenazi said.
Today, the Human Rights Council has once again proven itself to be an anti-Israel, discriminatory, and hypocritical body.
— גבי אשכנזי – Gabi Ashkenazi (@Gabi_Ashkenazi) March 24, 2021
The Sri Lanka resolution was not the only country-specific resolution that India abstained on in votes this week. It also abstained on resolutions about Nicaragua, Belarus, Syria, Georgia and South Sudan – all of them mainly supported by the EU and the western bloc.
The UNHRC also adopted a resolution on Myanmar, without a vote, which means all 47 member states supported it. The resolution extended the mandate of the special rapporteur on human rights in Myanmar and asked the UN independent expert to report on the situation since the military junta’s coup of February 1.
The Council also urged the special rapporteur to seek an urgent visit to Myanmar and to provide oral updates in the forthcoming sessions this year, along with recommendations.
The country-specific resolution that India voted against was on Iran. India was among the 12 countries that voted against the resolution which extended the mandate of the special rapporteur on the situation of human rights in Iran for one year. It also calls on Iran to cooperate and permit the special rapporteur to visit the country.
India’s only other negative vote was on a resolution submitted by China. This is the second consecutive year that China has tabled this resolution and India has voted against it.
When China had first brought this resolution in 2018, India had not been a member of the Council.
The China-sponsored resolution, on promoting “mutually beneficial cooperation” in the field of human rights resolution, was passed by 26 votes in favour, 15 against and six abstentions. India’s South Asian neighbours, Bangladesh and Nepal voted in favour of this resolution.
Last year, the international NGO, Human Rights Watch had urged members to vote against this controversial resolution as it sought to reframe international human rights law “as a matter of State-to-State relations”.
#HRC46 | Resolution A/HRC/46/L.22, on promoting mutually beneficial cooperation in the field of #HumanRights, decides to convene a meeting on technical assistance in relation to #COVID19 at a forthcoming session of the Human Rights Council.
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— UN Human Rights Council (@UN_HRC) March 23, 2021
India’s explanation on its vote stressed that it understood the need to have the consent of states in augmenting and implementing human rights obligation.
However, India’s vote on the resolution was mainly motivated by the language used in the resolution.
“However, we have reservations on the use of the term “mutually beneficial cooperation” in the title of the resolution and several other paras, and on the preambular para that calls for building a community of shared future for human beings. It is our firm belief that these formulations could have been based on the already agreed language of the SDG framework rather than bringing in elements which have not found universal acceptance. These new formulations are not within the framework of India’s policy in this regard. In light of the above, India will vote against this resolution,” said the Indian diplomat on March 23.
Indian diplomats have been wary of China introducing phrases from Chinese President Xi Jinping’s political ideology in multilateral documents.
Another Chinese turn of phrase – “community of shared futures” – was inserted in another resolution on Right to Food, which was adopted without a vote.
The Indian representative made a pointed intervention that resolutions adopted without a vote should encourage a “spirit of cooperation in the Council”. Accordingly, we would urge all states that universally accepted concepts and languages should be used in all its resolutions so as to garner universal trust and support. Phrases like “community of shared future” should not be brought in the resolutions as it has not found universal acceptance,” she said.