Submission by the Government of India for the Report of the Secretary General

The Vienna Declaration and Program of Action (VDPA) adopted by the World Conference on Human Rights in Vienna in June 1993 marked a major milestone in forging a new consensus on human rights.  It underlined the importance human rights on the international agenda as well as the freely-expressed will of the international community to work together to uphold, strengthen and implement international human rights standards and to jointly address what the former Secretary General of the UN described as " the quintessential values through which we affirm together that we are a single human community".

2. The Five Year Implementation Review of the VDPA, along with the 50th Anniversary of the Universal Declaration of Human Rights (UDHR), provide a good opportunity to assess the progress achieved as well as the short-comings that remain to be addressed in the international community’s, efforts to enhance cooperation for the promotion and protection of human rights.  It is an occasion for the international community to collectively rededicate itself to the cause of human rights and to identify further measures, which are necessary to achieve the full realization of the vision elaborated by the VDPA.

3. On this occasion, the Government of India would like to reaffirm its commitment to the promotion and protection of human rights through national efforts as well as international cooperation.  As a democratic, multi-cultural, pluralistic and open society, India stands ready to share with the international community its perspectives and experience in the promotion and protection of human rights.  It is of the view that the VDPA implementation review should be used to strengthen international cooperation and initiate a process of constructive dialogue among all countries with the objective of ensuring universal support for human rights.

4. This submission outlines India's viewpoints on the achievements of the last five years and how the international community should approach the task of remedying shortcomings so that the goals set by the VDPA can be realised.  Where appropriate, information on specific measures undertaken within the country has been provided by way of example.  The framework suggested by the Secretariat for this report has been followed and it is hoped that these views will contribute to a "future-oriented" evaluation of the last five years.

Enhancing international cooperation for the promotion and protection of human rights:

5. The end of the cold war and the ideological divisions that had marked its era has opened up unprecedented vistas for enhancing international cooperation for the promotion and protection of human rights.  Democracy, the rule of law and civil society have advanced and strengthened worldwide.  Since the adoption of the VDPA, the global dialogue on human rights at various levels has intensified.  The creation of the Office of the High Commissioner for Human Rights has been a major institutional step in promoting respect for human rights.  There is also a growing recognition of the important role played by civil society, including NGOS, particularly those Operating at the grassroots level, in the promotion of human rights.  New institutions and mechanisms, in particular, National Institutions, have emerged and are playing a vital role in identifying and addressing problems within their own societies and in ensuring the national implementation of universal human right standards.

6. Despite this positive evolution, there continue to exist factors that impede the further development of international cooperation for the promotion of human rights.  New challenges to the Universality of human rights have emerged.  Disregard and willful violations of human rights persist and have appeared afresh in many pails of the world.  In face of these challenges, rhetoric abounds, not always matched by commitment or constructive action.  There is a wide spread tendency to belittle or even ignore issues of human rights concerns in one's own country and find fault with the human rights records Of Others.  Perceptions of selectivity, double standards, ethno-centricism, and politicisation of human rights for self-serving or parochial foreign policy or domestic ends, have bred mistrust and affected the credibility of political and diplomatic approaches.  Confrontation and adversarial relations feeding oil these negative features have quite seriously affected the prospects of international cooperation in the sphere of human rights through dialogue and consensus building.

7. Efforts to promote international cooperation in the field of human fights must be premised on tile recognition that there is no country in the world where human rights violations do not occur and, therefore, there is paramount need to build confidence in a process of self- criticism and introspection so that durable solutions to human rights problems can be generated from within societies.  The efficacy of the country-specific 'spot-lighting' or 'report-card' approach to human rights is questionable.  An over-reliance on 'top-down' diplomatic and legal monitoring approaches has led to a relative neglect of 'bottom-up' development and education-oriented and other promotional approaches, which hold greater promise in the long run.  The resort to partial approaches stemming from a limited or biased understanding of human fights has undermined the notion of the indivisibility, interdependence and inter-relatedness of all human rights and inhibited the search for effective solutions to human rights problems.

8. There is a need to adopt More comprehensive and holistic 'approaches that can better guarantee human rights in the long run.  A more constructive approach to the Right to development can play a particularly important role in this regard.  Exchange of experiences among countries regarding best practices and methods, flowing in particular from indigenous ethical, spiritual and cultural traditions consonant with international human rights values, which have enabled them to address their problems successfully, rather than a process of sitting in judgment over others, can provide a basis for promoting cooperation.  It is also imperative to adapt and devise human rights mechanisms in a manner that can generate greater trust and understanding in the sphere of human rights.

Universality of Human Rights

9. The concept of Universality of human rights can be broadly seen under two aspects.  The first relates to its roots in diverse humanitarian, philosophical and religious traditions and this is where the universality of human rights is most apparent.  This aspect also clearly demonstrates that the concept of human fights is not the monopoly of any one civilization or system.  The second aspect relating to the contemporary political and legal nature of this concept can be traced back to historical and intellectual developments in Europe.  This aspect is most clearly enunciated in the UDHR and finds unprecedented support and acceptance today in all parts of the world.  India played a leading role in the drafting of the Universal Declaration in 1947.  The Indian representative Dr. Hansa Mehta was responsible for drafting crucial paragraphs upholding universality which find a natural synthesis in Part 1, Para. 5 of VDPA: "all human rights are universal, indivisible and interdependent and interrelated."

10. However, the universality of human fights continues to be challenged by several factors.  These include, inter alia, exclusivist claims of the proponents of the "clash of civilisation" approach, or of those who declare that human fights are predominantly a preserve of western civilisation; neglect of the indivisible, interdependent and interrelated nature of all fights, and in particular economic, social, cultural fights and the fight to development; the absence of respect for pluralist diversity, especially the rights of religious, ethnic, cultural and linguistic minorities; prevalence and recrudescence of racism, xenophobia and extreme and narrow forms of nationalism; and arguments supporting "cultural relativism".

11. In India's view, in the year of the fiftieth Anniversary of the UDHR, the international community must reflect upon these challenges to the universality of human fights, in particular those which result from the nature and language of the current discourse on human fights in international forums.  It is imperative that the international community work collectively to meet these challenges.  This requires a two fold approach - one based on emphasising tolerance and pluralism as essential adjuncts to democracy for the full enjoyment of human fights, and the other focussing on the long neglected economic, social and cultural aspects of the UDHR and the VDPA.  Both the UDHR and tile VDPA are categorical in their recognition of the inherent dignity of all members of the human family.  There is need therefore to initiate a dedicated effort aimed at promoting understanding and tolerance in respect of all matters and to propagate diversity and pluralism as values that enrich societies rather than undermine or impoverish them.  The UDHR articulates both freedom from fear and want as the highest aspiration of the common people and affirms the need to promote social progress and better standards of life in larger freedom.  True meaning needs to be given to these words through action and practice and the pursuit of the Right to Development, if the goal of universality is to be fully achieved.

12. Five years after VDPA, the International community needs to move beyond the debate on universality of human fights and concentrate on making universal human fights more accessible to all.  It is equally important today to emphasise the universal application of these universal values within our own societies.

Democracy, Development and Human Rights and Right to Development 

13. The recognition of the right to development as an integral part of all fundamental human rights was one of the major achievements of the VDPA.  The international consensus behind the fight to development as reflected in support for resolutions passed by intergovernmental bodies has continued to grow steadily since the adoption of VDPA.  However, the failure to progress beyond rhetoric on the right to development represents the biggest shortcoming on the part of the international community in the five years since the adoption of the VDPA.  Both the VDPA and the LJDHR recognize the importance of the "Inherent dignity of man".  However, 50 years after the adoption of the UDHP, and five years after the adoption of the VDPA, countless millions are yet to realise their fight to live with dignity as they do not have access to the basic necessities intrinsic to the right to life such as food, shelter, clothing, education and health.  The essential message of the Declaration on the Right to Development is the importance of the right to live with dignity and the international community needs to urgently apply itself to the task of realising this goal.

14. The Declaration on the Right to Development constitutes an integral link between the UDHR and the VDPA through its elaboration of a holistic view integrating economic, social and cultural rights with civil and political rights.  Therefore, an appropriate way of commemorating the 50th anniversary of the UDFIR would be to provide the Declaration with a profile commensurate with its importance, in particular by including it in the International Bill of Rights.

15. As a comprehensive fight which incorporates which itself all other rights, the promotion of the right to development can provide one of the most effective means of ensuring the promotion of all fights.  India agrees with the Office of the High Commissioner of Human Rights that the fight to development has the potential of providing the homogenous and integrated approach to human fights that the international community has been searching for over five decades, and that it bears all the necessary components to guide the human fights system into the new millennium.  However, there is today an urgent need to infuse new thinking into the Right to Development and to initiate comprehensive studies and discussions on the subject.  In this context, India would like to propose that the Secretary General consider appointing an independent expert to present a comprehensive study on the subject and that the Commission on Human Rights may consider establishing a Working Group comprising all member states to annually discuss and evaluate progress in the realisation of the Right to Development.
 
 

17. By way of example, constitutional status has been provided to village self government through periodic elections at the grassroots level.  Administrative as well as financial powers have been devolved to these bodies and one third of the total number of seats reserved for women.  It is India's firm view that entrusting decision making on developmental issues to elected bodies at the grassroots level can make a major contribution to the enjoyment of ESC fights by all citizens.

18. India attaches importance to international solidarity and cooperation to promote the objectives of the Right to Development.  India is of the firm view that the Right to Development in the national context cannot be fully realised without addressing the root causes of under-development, including its historical and international context, in a spirit of international cooperation.  For its own part, despite its resource constraints, it has sought to promote more rapid development of other developing countries through the extension of technical cooperation and other forms of assistance.  It has also continued to explore avenues for South-South and North-South cooperation, especially through technology transfer, investment and trade.

Racism, Racial Discrimination, Xenophobia and other forms of Intolerance

19. The collapse of apartheid following the advent of a popularly elected, democratic and multiracial government in South Africa has not, unfortunately, meant the end of racism.  The phenomenon of racism and racial discrimination is in fact growing and has today become a pervasive cause of discrimination affecting all aspects of human interaction in several parts of the world.

20. Racism threatens harmony and stability in societies and undermines the values of tolerance and pluralism.  India welcomes the decision to host a world conference on racism.  Preparations for the world conference should commence without further delay, inter alia, through workshops and seminars and awareness-raising activities in collaboration with concerned NGOs and civil society, and measures to combat racism should be a major focus of deliberations at the 54th session of the Commission of Human Rights.  There is also urgent need for the High Commissioner for Human Rights to take up programmes under the Third Decade as a priority activity and to marshall the resources necessary for this purpose.  The principal focus of these and other activities by UN mechanisms must remain on discrimination based on race.  While all discrimination is unacceptable, confusing racial discrimination with discrimination in general or other aspects of discrimination should not dilute the focus on racism, which are better dealt with separately.

Equal Status and Human Rights of Women

21. Since the adoption of VDPA, the international community has made significant strides in promoting the equal status of women.  Women's issues today find an important place on the international agenda and gender mainstreaming has been taken up as a priority activity within the UN system.  However, much more remains to be done.  Violence against women is a sad reality affecting all societies in all parts of the world.  The girl child is among the most neglected and vulnerable of all children and the principal victim of the harmful effects of traditional and customary practices, cultural or social prejudices and religious extremism.  It is also sadly clear that the goal of universal ratification of CEDAW by the year 2000 is unlikely to be achieved.

22. Promotion of women's rights must remain a priority objective of the international community in the years to come.

23. Nationally, India has adopted a tights-based approach to promoting the equality of women and evolved a multifaceted strategy that aims at their empowerment through awareness raising, economic independence, education, health, legal safeguards and political participation.  The objective is to enable women to overcome the disadvantages that they face and play an effective and equal role in society.  Among the most important of these measures is the reservation of one-third seats in local and village level government, which has already been mentioned.  It is estimated that this measure has resulted in around one million women joining the political life of the nation.  A statutory National Commission for Women has been set up and a special Joint Committee of Parliament oversees issues pertaining to the empowerment of women.  Among the proposals currently under consideration are an amendment to the Constitution to reserve one-third of the Parliamentary and Legislative seats for women and a proposal to set up an office of a Commissioner for Women's Rights with a three tier structure across the country, mandated specifically to combat violence against women.  In a step aimed at transforming social perceptions about the girl child, the Government has also launched a scheme to provide financial incentives to poor families on the birth of a girl child followed by further incentives for primary and secondary school education.  Nearly 2.2 million girls born every year amongst the poorest families in India are expected to benefit from this scheme.  Moreover, nutritional, health and educational programmes with the girl child as the primary focus and programmes aimed at improving employment opportunities for poor women through asset and skill endowment and provision of micro-credit have also been launched with a view to promoting the economic, social and cultural rights of women.
 

Rights the Child

24. Children are the greatest asset of any society and the well 6'eing of the world's children has been at the centre of the UN's activities since its inception.  The near universal ratification of the Convention on the Rights of Child is testimony to the importance attached to these fights in all parts of the world.  The establishment of a sound foundation for the promotion of the fights of the child, through the collective efforts of the Committee on the Rights of the Child and UNICEF, counts among the major successes since the adoption of the VDPA.

25. In the last few years, member States have been engaged in elaborating two optional protocols respectively on children in armed conflict and the sale of children, child prostitution and child pornography, which seek to enhance the legal protection that children must enjoy.  While a great deal of progress has been achieved in the negotiations on these protocols, some of the key issues remain unresolved.  It is imperative that the international community pays urgent attention to these protocols and finds the political will necessary to facilitate their speedy conclusion.

26. Exploitation of children continues to persist in one form or the other throughout the world and the international community has to intensify its efforts to bring an end to this situation.  Of particular importance in this regard is to recognize that symptoms of poverty should not be confused with deliberate human fights violations.  Durable solutions to complex problems like child labour can be found only through a process of comprehensive development and poverty eradication which takes into account the need to provide alternative employment to parents of children engaged in child labour as well as adequate educational opportunities for the affected children.  Problems such as child labour cannot merely be legislated away; they can be eradicated only by providing avenues for universal, free and compulsory primary education, through awareness generation and the whole-hearted involvement of all sections of society including NGOS.

27. Eradication of child labour is one of the most important priorities of the Government of India, which has announced that the fight to free and compulsory primary education shall be made a fundamental right and has pledged to eradicate child labour in all occupations and industries.  A frontal attack on parental poverty has been launched through employment generation programmes.  A national action plan for children has also been drawn up with quantifiable targets for achievement by 2000 AD in areas of health, nutrition, education, with a special focus on the girl child and children in difficult circumstances.  The National Human Rights Commission and many non-governmental organisations have started to play an increasing role for the eradication of child labour. 

Protection of Indigenous People

28. The oppression, exploitation and dispossession of indigenous people remains one of the most unfortunate legacies of the historic processes of migration to and colonising of the "new world".  While it is gratifying to note that in the last five years a great deal of attention has been devoted to the human rights of indigenous people, a great deal more needs to be done to fulfill the goals set by VDPA.

29. The Commission Human Rights has already commenced discussions on a declaration on the rights of indigenous people and a number of activities are underway within the framework of the Decade for indigenous people.  A Permanent Forum to deal with all indigenous issues is also under consideration.  These efforts need to be strengthened and taken forward with a sense of urgency.

Groups requiring Special Protection

30. The VDPA played an important role in highlighting the importance of special attention to the problems faced by minorities and other disadvantaged groups such as disabled persons and migrant workers. However, the world is today witness to a resurgence of exclusivism and violent expressions of intolerance and extremism. The need of the hour is, therefore, for an active and determined effort on the part of the international community to promote a culture of tolerance and respect for pluralism.  The key elements of any such efforts should be national legislation to ensure a regime of equality and nondiscrimination as well as education and awareness raising.  The Office of the High Commissioner for Human Rights must attach high priority to this task, as already mandated by the CHR through studies, workshops and seminars, using mass media and NGOs, encouraging exchanges of experiences and through its technical cooperation programme to assist countries in their national programmes.

31. The Sub-Commission's Working Group on Minorities, which was constituted after the adoption of the VDPA is doing commendable work and its mandate must be renewed by the CHR.  The more recent decision of the Commission on Human Rights to set up a Working Group on Migrant Workers is also a positive step.  More attention needs to be paid to the fights of disabled persons, the elderly and victims of HIV-AIDS.

32. The fights of vulnerable groups have received special attention in India ever since independence and the Constitution itself contains extensive provisions for the promotion and protection of the fights of all minorities, including certain special groups of people unique to Indian society known as the Scheduled Castes and Scheduled Tribes.  These measures have been further strengthened through a recent amendment to the Constitution granting Scheduled Tribes local self-government and a high degree of autonomy in the management of their day to day affairs, control over natural resources, and other developmental activities in the areas where they live.

33. The Government has set up a National Commission for the Scheduled Castes and Scheduled Tribes and a National Commission for Minorities to promote and protect the fights of these vulnerable groups.  Further, a National Minorities Development and Financial Corporation promotes economic and developmental activities for minorities.

34. The Parliament has recently enacted a bill for the empowerment of the disabled which inter alia treats rehabilitation as a fight and aims at the creation of a society which provides opportunities for the development of people with disabilities to their fullest potential.  A National Handicapped Finance Corporation has been also created to support self-employment of people with disabilities.

Response to Acute Human Rights Violations

35. The VDPA expressed in very clear terms the dismay of the world community at massive violations of human rights especially in the form of genocide, ethnic cleansing, systematic rape of women in war situations, creating mass exoduses of refugees and displaced persons.  It condemned such practices and reiterated the call for the perpetrators of such crimes to be punished.  The VDPA also refers to other gross and systematic violations of human rights such as unilateral measures not in accordance with international law and affirmed that food should not be used as a tool for political pressure.

36. The five years, which have passed since the adoption of the VDPA, has provided an opportunity for a great deal of reflection on how such violations can be prevented.  The ongoing efforts for the establishment of an International Criminal Court are extremely important in this regard.  The Government of India welcomes the progress achieved so far in these negotiations and looks forward to their being brought to a successful conclusion in May 1998.
 

37. The establishment of the Post of the High Commissioner for Human Rights remains one of the most significant achievements of the international community during the last five years.  The High Commissioner's mandate contained in GA Res.48/141 specifies in clear terms the tasks to be performed by the incumbent in promoting human rights and coordinating the efforts of the UN human rights system in this regard.  Unfortunately, much of the time since the creation of the Post has gone into consolidation and restructuring.

38. The Office of the High Commissioner for Human Rights plays a critical role in the promotion of human rights, as it is the principal means by which programmes and activities of the United Nations in the field of human rights are implemented.  It is, therefore, essential that the Office should not only serve but be seen to serve the interests of the international community as a whole.  In carrying out its mandates as well as in its character and composition, it must truly reflect the diversity of the membership of the UN.  All countries should have an equal role in contributing to the work of the Office and in guiding its activities.  The integrated vision of human fights stressing indivisibility, impartiality and objectivity should be the guiding principle for the Office in all its programmes.

39. The High Commissioner for Human Rights must provide leadership in seeking fresh approaches that can yield concrete results on the round and in promoting greater cooperation among States.  The Office of the High Commissioner should act as a facilitator of the human tights dialogue, focus on raising the global visibility of hitherto neglected fights such as the fight to development and mobilise the support of governments, international organisations, NGOs and public opinion towards a fuller realisation of all rights.

40. While the first part of the mandate given by VDPA has been fulfilled, the second mandate relating to the continuing adaptation and strengthening of the UN machinery for human rights is still to be redeemed.  The Working Group of the Third Committee of the General assembly on the subject provides an opportunity to identify and remove deficiencies in the current framework, streamline and rationalise the UN human fights machinery and adapt it to current and future needs in the promotion of human rights.  Political will must be harnessed to energise the Working Group.

Advisory Services and Technical Assistance

41. In the last five years, there has been a significant increase in the number of requests received from governments for technical assistance and also a corresponding expansion in the number of donors (including developing countries) to the Voluntary Fund for Technical Cooperation.  All these are promising trends.  However, it needs to be recognised that the full potential of advisory services and technical cooperation has not been completely explored, let alone exploited by the Office of the High Commissioner for Human Rights and the international community.  Technical cooperation continues to be seen as a "supplementary" activity to monitoring functions and the staff as well as resources allocated from the regular budget for technical cooperation activities have been steadily decreasing at a time when demands on them are growing.  Advisory Services and Technical cooperation offer a practical approach for the promotion of human rights.  As activities undertaken at the request of the governments concerned, their success is under-pinned by the political and administrative support they enjoy from local authorities.  India has been a donor to the Voluntary Fund for Technical Cooperation during the last two years and will continue to maintain its support.

Education and Dissemination of Information

42. Education for all, elimination of illiteracy and wide-spread dissemination of information on human rights combined with targetted human rights education for key groups such as armed forces, police personnel, judges, lawyers, trade union leaders, NGOs etc. is an indispensable part of any effective strategy to promote human rights.  The VDPA recognises this aspect and calls for increased attention to national programmes and strategies for wider human rights education.

43. While the importance of the above is publicly accepted, action is still wanting in most areas.  Human rights continue to be perceived from the behaviourist prism of condemnation and punishment rather than promotion.  Human rights education offers tremendous scope for bringing together the international community in a collective endeavour and it therefore needs to be taken up as a priority activity.

44. In India, human rights is taught as a part of school curriculum in all 18 official languages.  The National Council for Education Research & Training (NCERT) has prepared a Source Book on Human Rights for the use of textbook writers.  The Council is also preparing a Teachers' Handbook on human rights.  School textbooks are being revised so as to incorporate learning capsules for promotion of human rights education.  The National Council of Teachers Education (NCTE) has prepared modules on Human Rights for teacher-educators.  These modules have already been translated into the national language - Hindi and further translation into other regional languages is in progress.  Schools have also been observing the 10th of December as Human Rights Day.

45. Ten universities have been identified for the introduction of courses in human rights education.  The Indira Gandhi National Open University (IGNOU) has set up a special Cell to promote human rights education using the distance education mode.  Further, the National Human Rights Commission has, since its inception, made concerted efforts to focus attention on human rights education.

Civil Society - NGOs

46. The role and importance of civil society, particularly NGOs in the promotion and protection of human rights is universally accepted today.  Human rights defenders operate on the "frontlines" of the struggle against persecution, oppression and threats to human dignity.  Despite the fact they are themselves often the targets of human rights violations across the world, they make an invaluable contribution to the social and economic development of the country, including in the area of promotion and protection of human rights.  NGOs played an important role in the drafting of the VDPA and since then their role and contribution to human rights activities has progressively strengthened.  This process of involving NGOS, particularly those working at the grassroots level, needs to be strongly encouraged.

47. However as noted by the UN Secretary General all non-State actors are not always benign and there has been an ominous growth in activities of members of "uncivil society", such as terrorists, drug traffickers, the proponents of intolerance and violence etc.  The high degree of respect and popularity NGOs enjoy in the field of human rights enjoy has unfortunately resulted in a process of persons and groups engaging in activities completely contrary to the purposes of the UN Charter and "conflict entrepreneurs" misusing NGO platforms and seeking to access UN fora for their political ends.  Members of the "uncivil society", taking advantage of the credibility and status of civil society to misuse UN fora can only undermine the cause of human rights and the credibility of genuine NGOS.  There is an urgent need to commence a process of review and introspection in this regard.  Ideally, ties process should begin from within the NGO community itself. However, the international community also needs to consider measures by which such misuse can be prevented, providing thereby the opportunity to focus attention to meaningful contributions made by responsible human rights NGOS.

48. A Working Group of the Commission on Human Rights has been negotiating a draft declaration on human rights defenders for the last thirteen years.  The Declaration is an important document, which recognises and highlights the critical and positive role NGOs can play in the promotion of human rights.  Every effort needs to be made to achieve a speedy conclusion of this negotiating process.

Implementation and Monitoring

49. While implementation and monitoring of compliance with human fights standards is extremely important, these should not be seen as a measure to the exclusion of all other approaches.  Monitoring has only a limited role to play in producing concrete change on the ground and implementation can be achieved only through the strengthening of national structures, institutions and organs of society to promote and safeguard human rights.

50. An extensive framework of mechanisms and bodies to monitor human Rights violations and enhance the accountability of Governments has been instituted.  It, however, needs to be examined whether all these mechanisms have been successful in the actual task of promoting human fights or whether they have merely pursued adversarial approaches and handed out report cards.  What is required is that these mechanisms adopt a cooperative and constructive approach towards states in order to encourage them to identify shortcomings and remove them.  A relationship of confidence and trust needs to be established over a period of time so that solutions can grow out of the interaction between the Governments concerned and these mechanisms.  Where necessary, the Centre's advisory services and technical cooperation should be utilised to promote the protection of human fights in the country concerned.
 

Interaction between the Implementation of VDPA and other UN Conference and Summits

51. The adoption of the VDPA has been followed by the International Conference on Population and Development held in Cairo, the 4th World Conference on Women in Beijing, and the World Social Summit in Copenhagen, HABITAT and the World Food Summit.  All these Conferences have not only raised awareness of specific fights but have also contributed to strengthening of their promotion and protection, particularly economic, social and cultural rights.  There is an obvious need to improve coordination between the implementation of VDPA and the decisions and recommendations, which have emerged from these Summit, so as to achieve the holistic implementation of all human rights.

Two subjects of importance which do not receive a separate and special mention in the draft outline prepared by the Secretariat are Terrorism and its relationship to human rights and National Institutions.  India strongly believes that these issues must be provided independent and focussed consideration in the synthesis report, which will be submitted by the SG.  Its views on these two subjects are provided below.

Terrorism

52. The VDPA affirmed that terrorist acts are activities aimed at the destruction of human rights, fundamental freedoms and democracy.  It called upon the international community to take necessary steps to enhance cooperation and to prevent and combat terrorism.  Over the last five years, there has been growing recognition that terrorism constitutes a gross violation of human fights, that it cannot be justified under any circumstances whatsoever and that acts of terrorism lead to the deprivation of the most fundamental of all rights, namely, the right to life.  The relationship between terrorism and human fights must therefore become an important item on the human rights agenda.

53. The international community acknowledges and condemns human rights abuses committed by non-state actors.  Acts of terrorism perpetrated by armed groups and other non-state actors are tantamount to a gross violation of the right to life of innocent civilians.  The deadly combination of violence, extremism and intolerance that terrorism embodies is a negation of every liberal value that sustains the concept of human rights.  The time has therefore come to address, through concerted international action, a second-generation agenda for human rights protection and promotion by taking into account violations committed by criminal or terrorist elements and conflict entrepreneurs.

54. Terrorism not only destroys the rule of law, democratic order and civil society in the countries where it is prevalent but also creates an environment which is inimical to the enjoyment and observance of human rights by all.  A good beginning in understanding the relationship between terrorism and human fights has been made by the Sub-Commission though a preliminary working paper prepared by one of its members.  This process needs to be strongly encouraged and supported.

National Institutions

55. The establishment of independent and statutory national institutions constitutes an important alternative approach to the promotion and protection of human fights.  The five years since the adoption of the VDPA have witnessed a growing number of countries setting up such national institutions, including India.  The High Commissioner for Human Rights has expressed her desire to give the highest priority to assisting countries with the setting up of National Institutions.  Her efforts in this direction deserve the full support of the international community.

56. In India, the National Human Rights Commission set up in 1993 has pursued its mandate with determination and considerable success.  It has received and acted on thousands of individual complaints of violations using its own investigative machinery.  Going beyond a mere symptomatic approach, it has made a number of specific recommendations on how human rights violations can be minimised or ended.  Guided by the experience of the National Commission, six states of the Union of India have set up State Human Rights Commissions and a few others are in the process of doing so.