India has refused to accept most far reaching recommendations proposed by Human Rights Council members to India under the second circle of UPR. The accepted recommendations are mainly related to social, cultural and economic issues. Recommendations related to civil and political rights have been left without any positive response.
Some of the important recommendations that were not accepted by India are listed below:
138.9. Ratify the International Convention for the
Protection of All Persons from Enforced
Disappearance and recognize the competence of its
Committee, in accordance with articles 31 and 32 (Uruguay);
P - 138.14. Ratify the Rome Statute of the International
Criminal Court, including its Agreement on Privileges and Immunities (Slovakia);
P - 138.19. Ratification of the Optional Protocol to the
Convention on the Elimination of Discrimination against Women (Brazil);
P - 138.25. Consider the recommendation made by UNHCR to
ratifying the Conventions relating to refugees and stateless persons (Ghana);
P - 138.26. Ratification of ILO Conventions Nos. 138
concerning Minimum Age for Admission to Employment; 182 concerning the
Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour;
P - 138.35. Review the law on the special powers of the
armed forces to align it with its obligations under the International
Convention on Civil and Political Rights (Switzerland);
P - 138.44. Repeal the Armed Forces Special Powers Act or
adopt the negotiated amendments to it that would address the accountability of
security personnel, the regulation concerning detentions as well as victims’
right to appeal in accordance to international standards (Slovakia);
P - 138.47. Take adequate measures to guarantee and
monitor the effective implementation of the Prevention of Atrocities Act,
providing legal means for an increased protection of vulnerable groups like the
Dalit, including the access to legal remedies for affected persons (Germany);
P - 138.50. Reconsider current local legislation on
freedom of religion, that uses vague or broad terminology and discriminatory
provisions, and impedes the possibility for conversion of faith for those who
wish to do so (Netherlands);
P - 138.56. Implement the 2011 recommendations of the
International Coordinating Committee of National Institutions for the Promotion
and Protection of Human Rights to ensure the high standards and independence of
India’s
National Human Rights Institutions (United Kingdom of Great Britain and Northern
Ireland);
P - 138.62. Strengthen the process for ensuring
independent and timely investigation mechanisms to address and eliminate
corruption; and provide for and facilitate increased accountability and transparency
in this process (United States of America);
P - 138.68. Implement the recommendations made by the
Special Rapporteur on the rights of human right defenders following her visit
in 2011, with particular emphasis on recommendations that concern defenders of
women’s and children’s rights, defenders of minorities rights, including Dalits
and Adavasi, and right to information activists (Norway);
P - 138.92. Abolish capital punishment and commute
existing death sentences to life imprisonments terms (Slovakia);
P - 138.109. Continue stepping up efforts in the area of
fighting trafficking as well as consider the possibility of inviting the
Special Rapporteur on trafficking in persons, especially in women and children,
to visit the country (Belarus);
P - 138.119. Guarantee effective access to justice in
cases of human rights violations committed by security forces personnel with
regard to the use of torture (Spain);
P - 138.126. Ensure that measures limiting freedom of
expression on the internet is based on clearly defined criteria in accordance
with international human rights standard (Sweden);
P - 138.149. Meet the stated commitment from the Common
Minimum Program of 2004 to dedicate 3 percent of India’s
GDP to health and 6 percent to education (Slovenia);
138.8. Ratify the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment of Punishment as soon as possible (Maldives);
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UPR INFO
List of accepted recommendation
by India
click here
Stake holder submissions for
UPR India 2012 click here