United Nations Human Rights Council: International Resolve Needed to Consolidate Reforms

MONTREAL – The establishment of the United Nations Human Rights Council is an important step forward for human rights that must be consolidated by firm international resolve to ensure its members reflect and uphold the values at its core, says Rights & Democracy.

The Human Rights Council represents an important opportunity to both build on the strengths of its predecessor, the United Nations Commission on Human Rights, while addressing the Commission’s weaknesses, notably its tolerance of members known for their human rights abuses.

Retaining the Commission’s independent investigators, including special rapporteurs, and the renewed commitment to civil society participation will help enhance the Council’s ability to distance itself from state interests and political motivation. These existing strengths will be reinforced by the new procedures for membership selection that will require the approval of an absolute majority of the United Nations General Assembly, or 96 of its 191 members. The Council’s 47-members will also meet on a more frequent basis, with at least three sessions a year totaling no less than 10 weeks and optional special sessions to address urgent human rights concerns.

The Council’s founding resolution also calls for the establishment of a periodic, universal review of every UN member country’s record on human rights, including a mandatory review of all Council members during their term. Such reviews, conducted in a spirit of “universality, impartiality, objectivity and non-selectivity,” will protect against the accusations of double-standards that undermined the Commission’s credibility. These reviews will also ensure that Council members conform to and reflect the high standards for human rights expected of them. The General Assembly would have the power to suspend any Council member found to have committed gross and systematic violation of human rights with a two-thirds majority vote.

While encouraging, these new procedures do not in themselves guarantee that known human rights abusers like Zimbabwe , Saudi Arabia or Sudan will be denied membership on the Human Rights Council. If the Council is to avoid the same credibility concerns brought about by the inclusion of such states among the Commission’s members, members of the UN General Assembly must assume the responsibility of voting to the Council only those countries with a proven track record of adhering to the highest standards for the promotion and protection of human rights. Once appointed, the onus will be on Council members to fully-cooperate and participate in all facets of the Council’s work, including investigations by its independent experts.

Rights & Democracy will follow closely the process of electing the members of the Human Rights Council, as well as the institutional developments in preparation for the Council’s first session currently scheduled for mid-June. Together with its partners, Rights & Democracy will continue to encourage and support the establishment of the Human Rights Council as a central and effective pillar of the United Nations system.

Rights & Democracy is a non-partisan, independent Canadian institution created by an Act of Parliament in 1988 to promote, advocate and defend the democratic and human rights set out in the International Bill of Human Rights. In cooperation with civil society and governments in Canada and abroad, Rights & Democracy initiates and supports programmes to strengthen laws and democratic institutions, principally in developing countries.

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Please contact Steve Smith (ext 255) or Louis Moubarak (ext 261) at Rights & Democracy, 514-283-6073.