Human Rights Council
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| Human Rights Council | |
|---|---|
| Name | Human Rights Council |
| Formation | June 2006 |
| Predecessor | United Nations Commission on Human Rights |
| Type | Intergovernmental organization |
| Headquarters | Geneva, Switzerland |
| Leader title | President |
| Parent organization | United Nations |
Human Rights Council The Human Rights Council is an intergovernmental body based in Geneva created to promote and protect human rights worldwide. It succeeded the United Nations Commission on Human Rights after high-profile debates involving actors such as Kofi Annan, United States Department of State, European Union member states, and the Organisation of Islamic Cooperation. The body interacts with treaty bodies like the International Covenant on Civil and Political Rights and mechanisms such as the Universal Periodic Review while engaging civil society organizations including Amnesty International and Human Rights Watch.
Background and establishment
The Council was established by the United Nations General Assembly through resolution 60/251 following concerns raised during the tenure of the Commission on Human Rights about failures involving states such as Libya under Muammar Gaddafi and the Sudan claims related to Darfur conflict. Proponents including Norway, Canada, Switzerland, France, and United Kingdom argued for reform alongside advocates like Mary Robinson and Sergio Vieira de Mello. Opponents such as Cuba, Venezuela, and China proposed alternatives during negotiations influenced by events like the 2005 World Summit. The Council’s creation was debated in forums including the UN General Assembly plenary and discussions involving the International Commission of Jurists.
Mandate and functions
The Council’s mandate, defined by the United Nations General Assembly resolution, includes addressing gross violations associated with crises such as the Rwandan genocide, Bosnian War, and Syrian civil war. It coordinates with treaty bodies like the Committee on the Elimination of Racial Discrimination, Committee on the Rights of the Child, and Committee Against Torture. The Council appoints special procedures such as special rapporteurs and commissions of inquiry similar to those established for Myanmar and Israel and the Occupied Palestinian Territory. It also issues statements, thematic reports, and universal recommendations following inputs from actors like Office of the United Nations High Commissioner for Human Rights, OHCHR Regional Office for South America, and regional organizations including the African Union and Organization of American States.
Membership and elections
Members are elected by the United Nations General Assembly from regional groups: African Group, Asian Group, Eastern European Group, Latin American and Caribbean Group, and Western European and Others Group. Elections follow customized criteria promoted by states such as Germany, Brazil, India, Japan, and South Africa, with campaigns comparable to contests for seats on the Security Council and the International Court of Justice. Members have included countries like Saudi Arabia, Cuba, Russia, United States (when elected), China, Pakistan, and Argentina. Procedures and controversies around membership have been influenced by agreements such as the France-Morocco understanding and lobbying by organizations like International Commission of Jurists.
Working methods and procedures
The Council operates through sessions, special sessions, and the Universal Periodic Review mechanism developed with contributions from entities like UNICEF, UN Women, and World Health Organization. Ad hoc procedures include appointing fact-finding missions and commissions of inquiry for situations such as those in Libya, Côte d’Ivoire, North Korea, and Yemen. It relies on voting rules in the General Assembly context and engages with non-governmental organizations registered with the UN Economic and Social Council. Working methods have been periodically revised through resolutions influenced by delegations from Norway, Mexico, Netherlands, and civil society coalitions including International Federation for Human Rights.
Thematic and country-specific mechanisms
The Council’s special procedures have included mandates on torture, arbitrary detention, freedom of expression, and advisory opinions in contexts like Tibet, Western Sahara, and Crimea. Country-specific mechanisms have produced inquiries into situations in Syria, Myanmar, Ethiopia, Venezuela, and Burundi. Thematic mandates have addressed issues linked to international instruments such as the Convention on the Rights of the Child, Convention against Torture, and the International Convention on the Elimination of All Forms of Racial Discrimination. Prominent mandate-holders have included Asma Jahangir, Philip Alston, Richard Falk, and Reem Alsalem.
Criticisms and controversies
Critiques have focused on perceived politicization by states including Russia, China, Saudi Arabia, and Venezuela, and on voting outcomes that drew rebukes from United States Department of State officials and NGOs like Human Rights Watch. Accusations of bias have arisen in debates over agenda items such as the perpetual special focus on Israel and the handling of crises in Rohingya crisis and Uighur situation in Xinjiang. Instances of member elections raising concerns involved states like Libya and Eritrea prompting responses from coalitions such as European Union and initiatives led by Canada and Norway to reform election criteria. Debates over legitimacy have referenced precedents like the Nuremberg Trials and reports by the International Crisis Group.
Impact and notable resolutions
The Council has adopted resolutions addressing sanctions, commissions of inquiry, and referrals informed by findings pertinent to tribunals such as the International Criminal Court and the International Court of Justice. Notable actions included inquiries into Syria, investigations on North Korea, and resolutions concerning Sudan (Darfur), and thematic texts on extrajudicial, summary or arbitrary executions, discrimination against women, and minority rights. Its outputs have influenced actors like the European Court of Human Rights, national judiciaries in Argentina and South Africa, and international advocacy by groups such as Amnesty International, Human Rights Watch, and International Committee of the Red Cross.