New Delhi: From China’s oldest recurring resolution to bringing human rights into the realm of artificial intelligence (AI), India has had to make some policy adjustments at the recently concluded UN Human Rights Council which continue to signal its current geo-political and domestic policy concerns.
The UN’s human rights body, based in Geneva, holds three regular sessions during a year. The mid-summer session ended on Friday, passing 30 resolutions – a majority of which were adopted without a vote or a consensus. However, two of these resolutions which were adopted without a vote, however, had to face amendments from several countries that were rejected by voting.
Out of the ten UNHRC resolutions that were put to a ballot, India voted in favour five times, abstained four times, and opposed one resolution. Additionally, India issued six statements regarding the adopted resolutions, with only one statement providing an explanation for its vote.
Here is a look at the notable signals in India’s voting pattern in the 53rd UNHRC session that ended on July 14.
A change in its position on a China-sponsored resolution
India’s sole Explanation of Vote was on a resolution tabled by China on “Contribution of Development to the Enjoyment of All Human Rights” which was passed by 30 votes in favour, five abstentions and 12 votes against.
The Western nations, led by the US, the UK and the EU, voted en bloc against the resolution, while India, Paraguay, Georgia, Chile and Costa Rica abstained.
In its explanation of vote statement, India said that it had made proposals for amendments “related to the terms and concepts that are not universally accepted and we believe that they should have been taken on board”.
“As we continue to have reservations on use of such terms and concepts in the text instead of already agreed language within the SDG Framework, India will abstain on this resolution,” said the Indian representative on July 14.
This vote is significant as it is a recurring resolution that China tables every other year in the Council since 2017. It is the first ever solo resolution authored by China in the UNHRC.
India has previously always voted in favour of the Chinese-authored resolution when it was tabled in 2017, 2019, and 2021.
When it was tabled four years ago, India had in fact commended the Chinese for “accommodating different perspectives and presenting a balanced text”. “We hope the resolution under consideration will be adopted by consensus,” an Indian diplomat had said at the UNHRC in July 2019.
The Wire has learnt India altered its stance in response to China’s introduction of new language in the text this year. The modified draft resolution now incorporates the phrase “high-quality development”, a term promoted by Chinese President Xi Jinping.
While this is the oldest resolution in the UNHRC that China has drafted alone, it also introduced a second resolution – “promoting mutually beneficial cooperation in the field of human rights” – in 2018. After India returned to the UNHRC following a break, it voted against this resolution when it was introduced in 2020 and 2021, due to its more blatant references to President Xi’s favourite phrases in the title itself.
China had not re-tabled the ‘mutually beneficial’ cooperation resolutions at any of the sessions last year in the UNHRC, when it was largely pre-occupied over the draft resolution moved by the western countries on Xinjiang. India had abstained on the draft resolution which was rejected by the majority of countries, but later said that China should “address” the human rights concerns.
Also read: The Unravelling of Prime Minister Modi’s Posturing on Democracy and Human Rights
India calls for “incremental’ steps on AI and human rights
The UNHRC adopted a resolution by consensus on “new and emerging digital technologies and human rights”, which sought to take a rights-based approach into the field of AI.
While China disassociated from the entire resolution but did not ask for a vote, India specifically disagreed and disassociated with a substantial paragraph that gave a number of directions on protecting vulnerable groups from use of AI.
Among the various issues highlighted in the resolution’s operative paragraph (OP) 3 was that data for AI systems are used in ways that are consistent with member state’s obligations under the international human rights law. It further called for ensuring transparency and accountability so that the use of AI systems does not lead to the spread of disinformation and hate speech – and ensure freedom of speech, especially if deployed to support content moderation.
The resolution also called in OP6 for the Office of the High Commissioner for Human Rights (OHCHR) to expand its capacities to advance human rights in the context of new and emerging technologies, including AI and to aid member states upon their request.
While noting that OP3 has “non-consensual language”, India said that the ambitious expansion of capacity of the OHCHR envisioned in OP6 “may curtail its functions”.
The Indian diplomat expressed disappointment that India’s request to “to take an incremental approach to the resolution’s outcomes could not be fully accommodated”.
“For the reasons mentioned before, we are constrained to dissociate from OP3. However, in line with the importance we attach to the subject of this resolution, we will join consensus,” she said.
Country-specific resolutions
Out of the six country-specific resolutions, India has abstained on the resolutions adopted related to Ukraine, Syria and Belarus, as it has done consistently in the past.
The lone negative vote from India during the entire session was on the resolution which extended the mandate of the Special Rapporteur on the human rights situation in Eritrea, the strategically located country in the Horn of Africa. India has been voting against resolutions on Eritrea since 2019.
The resolutions in the UNHRC sessions, prior to 2019, pertaining to Eritrea had been unanimously adopted as they were sponsored by the African group, including the resolution to establish the mandate of the Special Rapporteur in 2012. Following Eritrea’s improved relations with Ethiopia, the African group subsequently withdrew its consent. However, starting in 2019, European countries began to table the resolution which led Eritrea and the African countries to rally votes against it.
India voted ‘yes’ on a resolution that called on the UN High Commissioner for human rights to produce database of all companies operating in Israeli settlements. The resolution garnered support from 31 countries, including India, who voted in favour. Thirteen countries chose to abstain, while only three nations – the US, the UK, and Czechia – voted against the resolution. It called for full implementation of the database, as per the mandate of the resolution 31/36 adopted in 2016, for which India had also voted affirmatively.
While India voted against the Eritrea resolution, it voted in favour of the resolution on Colombia as it was sponsored by the South American country itself. As per the resolution, the commissioner has to appoint an international human rights expert immediately to identify the obstacles in the implementation of the 2016 agreement.
However, before the resolution was passed, Pakistan, on behalf of the Organisation of Islamic Cooperation (OIC), had introduced an amendment that sought to remove the language on violence against “persons on the basis of their sexual orientation or gender identity” with “persons in other vulnerable situations”. Despite the decriminalisation of homosexuality by the Supreme Court, India abstained on the amendment, which was narrowly defeated due to combined votes of the European and Latin American countries.
In support of OIC-sponsored resolutions
During this session, India voted in favour of two resolutions brought by Pakistan, on behalf of the OIC group. One was the resolution on implementing the database for firms active in Israeli settlements, while the second one was the resolution against religious hatred in light of the Quran in Sweden.
While India did not give an explanation of its vote, it had taken part in the Urgent Debate called in the Council on July 11. While stating that the Council had to take account of “phobias” against “all religions”, India had not directly referred to the Swedish incident in its statement.
India has taken an antagonistic position publicly against the OIC, which has criticised New Delhi for not taking action to stop violation of human rights of Indian Muslims and in the now trifurcated state of Jammu and Kashmir.
Also read: Who Said What at Evaluation of India’s Human Rights Record: A Comprehensive Look
Polarisation on women and children rights
The OIC and Russia targeted two resolutions related to women and girls with numerous amendments. None of the amendments were approved, but India voted either in favour of them or abstained.
There were three amendments introduced after the tabling of Canada’s draft resolution on accelerating efforts to eliminate all forms of violence against women and girls in criminal justice detention. While it abstained on two of them, India voted yes on Russia’s amendment. After the amendments were defeated, the draft resolution was adopted by consensus.
There was even more contentious hostile amendments to the draft resolution on ending child, early and forced marriages, which was sponsored by a cross-regional group of countries. India voted in favour of three of them.
While one was to align the draft to the UNGA outcomes, the other two amendments were to substantially modify the text.
Nigeria and Saudi Arabia sought to add that “appropriate direction” from parents had to be sought with regard to sexual health of girls and boys. Egypt also introduced additional language to clarify that “domestic and intimate partner violence” had to be addressed, as per national legal systems. India voted in favour of both of them, but all the amendments were rejected.
Sources pointed out that India voted in favour of the Egyptian amendment as marital rape is not recognised under Indian jurisprudence. The unamended draft resolution was also adopted without a vote.