Human Right Council

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UNITED NATIONS HUMAN RIGHTS COUNCIL: UNHRC

INTERNATIONAL HUMAN RIGHTS LAW 1

ACKNOWLEDGEMENT

I am very thankful to everyone who all has supported me, for I have completed my

project effectively and moreover on time. I express my sincere thanks to my teacher Dr.

Jasneet Walia, as she gave me moral support and guided me in different matters regarding the

topic. She had been very kind and patient while suggesting me the outlines of this project and

correcting my doubts. I thank for her overall support.

I would also like to thank my friends, Cherry and Vagish who helped me a lot in

gathering different information, collecting data and for guiding me from time to time in

making this project. Despite of their busy schedules, they gave me different ideas in making

this project unique.

Last but not the least; I would like to add a respectful thanks to god and my parents

for their entire blessings and love.

Anmol Jain


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Table of Contents

S.No. TOPIC Page No.

1. Introduction: Human Rights and International Law 3

2. Features International Human Rights Law 5

3. What is Human Rights Council? 6

4. From the Commission on Human Rights to Human Rights Council. 7

5. Functions of Human Rights Council 9

6. Sessions 11

7. Membership of Human Rights Council 12

8. Universal Periodic Review 14

9. Human Rights Council Advisory Committee 16

10. Human Rights Council Complaint Procedure 17

11. Other Subsidiary Bodies 18

12. Conclusion 20

13. Bibliography 22


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HUMAN RIGHTS

INTRODUCTION: HUMAN RIGHTS AND INTERNATIONAL HUMAN RIGHTS LAW

Human1: A member of the Homo sapiens species; a man, woman or child; a person.

Rights2: Things to which you are entitled or allowed; freedoms that are guaranteed.

Human Rights are based on the principle of respect for the individual. Their

fundamental assumption is that each person is a moral and rational being who deserves to be

treated with dignity. That is why it is rightly said, Human Dignity is the quintessence of

human right3They are called human rights because they are universal. Whereas nations or

specialized groups enjoy specific rights that apply only to them, human rights are the rights to

which everyone is entitledno matter who they are or where they liveBUT simply

because they are alive.4

Human Rights may be regarded as those fundamental and inalienable rights which are

essential for life as a human being. They are those rights which are possessed by every

human being, irrespective of his or her nationality, race, religion, sex etc. which are based on

mankind. They are sometimes called fundamental rights, basic rights or (natural rights)5.

As rightly stated, As fundamental rights or basic rights they are the rights which

cannot, be taken by any legislature or any act of the government and which are often set out

in a Constitution.6

1www.thefreedictionary.com/human

2www.thefreedictionary.com/rights

3J.S. Verma, Former Chief Justice of India.

4http://www.humanrights.com/what-are-human-rights.html, HUMAN RIGHTS DEFINED

5A Natural Right is nothing but, rights based on just, fair and reasonable. This means, the individuals unite

themselves to form political societies through mutual consent, and agree to form a government of their own.6Kapoor,Dr.S.K, International Law and Human Rights, WHAT ARE HUMAN RIGHTS?, PG. No. 799


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In words of D.D. Basu, Human Rights are those minimum rights which every

individual must have against the state or other public authority by virtue of his being a

member of human family, irrespective of any other consideration.7

So Further the question arises as to what constitutes International Human Rights Law.

International law designed to promote and protect human rights at the international, regional

and domestic levels comprises International Human Rights Law. As a form of International

Law, International Human Rights law is primarily made up of treaties, agreements between

states intended to have binding legal effect between the parties that have agreed to them; and

customary international law, rules of law derived from the consistent conduct of states acting

out of the belief that the law required them to act that way. 8

International Human Rights Law lays down obligations which the state party are

bound to respect by becoming parties to International Treaties, states assume obligations and

duties under international law to respect, to protect and to fulfil human rights. These

obligation means and includes9:

1) The obligation to Respect means that the states must refrain from interfering with or

curtailing the enjoyment of human rights.

2) The obligation to Protect requires that the state to protect individuals and groups

against Human Rights abusers.

3) The obligation to Fulfil means that the state must take positive actions to facilitate the

enjoyment of basic Human Rights.

7Basu, D.D., Human Rights in Constitutional Law, HUMAN RIGHTS, Pg. No. 12

8http://en.wikipedia.org/wiki/International_human_rights_law , INTERNATIONAL HUMAN RIGHTS LAW

9

http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx, INTERNATIONAL HUMANRIGHTS LAW


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FEATURES: INTERNATIONAL HUMAN RIGHTS LAW10

Dealing Human Rights to an International concern, following are the features of

International Human Rights Law:

1) They have a Universal approach.

2) State parties owes certain Obligations.

3) Uniform in nature.

4) Laws based on Equality.

5) Indivisible and Inalienable in nature.

6) Laws based on Moral rights.

7) Laws based on Mankind.

8) They have an International agenda in context to rights and duties.

10As discussed in the Class.


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All victims of human rights abuses should be able to look to the Human Rights Council as a

forum and a springboard for action. - Ban Ki-moon, UN Secretary-General, 200711

WHAT IS HUMAN RIGHTS COUNCIL?

The Human Rights Council is the principal United Nations intergovernmental body

responsible for human rights that works closely with the Office of the High Commissioner for

Human Rights. The United Nations General Assembly established the Human Rights Council

(HRC) on March 15, 200612. The Geneva-based council meets at least three times a year for

10-week sessions, and can call special sessions as well. Along with assessing other human-

rights concerns around the globe, members are supposed to commit to upholding high

human-rights standards at home.13The UN mission states that the council fosters "dialogue

and cooperation" on human-rights concerns. Its role includes strengthening the promotion

and protection of human rights around the globe, and making recommendations to address

violations of human rights, including gross and systematic violations. In strengthening the

promotion and protection of human rights around the globe and for addressing situations of

human rights violations it makes recommendations.

It was also decided by the General Assemble that the methods of work of the council

shall be transparent, fair and impartial and enable genuine dialogue, be result oriented, allow

subsequent follow-up discussions to recommendation and their implementation and also

allow for substantive interaction with special procedures and mechanism.14

1112 March 2007, Opening of the 4th Human Rights Council Session.

12General Assembly, 60

thPlenary Session vide resolution 60/251

13worldnews.about.com/od/theunitednations/p/humanrightscouncil.htm, UN Human Rights Council,

by Bridget Johnson14Kapoor, Dr. S.K., International Law and Human Rights, Pg. No.805 Para-6


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FROM THE COMMISSION ON HUMAN RIGHTS (19462006) TO THE

HUMAN RIGHTS COUNCIL (2006 - )

The Commission on Human Rights was created in 1947 with the goal of drafting the

Universal Declaration on Human Rights. After achieving this, it focused on setting standards

for international human rights though had no authority to consider violations of human rights

until 1967. The Commission on Human Rights initially played a minimal role in handling

complaints of Human Rights violation. From 1967 onwards, however it was authorised to

consider information relevant to gross violations and make a thorough study of report on

situations revealing a consistent pattern of human rights violations i.e. ECOSOC Resolution

1235. It also began to carry out regular operational fact-finding activities, and in, 1970,

ECOSOC devised an improved procedure for handling communications (complaints) from

individuals and non-governmental organizations relating to violations of Human Rights (the

1503 Procedure: ECOSOC Resolution 1503. Although promising in outline and inception,

the procedure proved generally ineffective.15

The United Nations Human Rights Commission has been at the centre of UN Reform

debates. The US and others did all they could to discredit the Commission. It was criticized

for being bureaucratic, excessively political and ineffectual. The Commission came under

most fire for allowing membership of states with bad human rights records, such as

Zimbabwe, Sudan and Saudi Arabia, who used the organization as a shield against scrutiny

and condemnation.16

15Referred from- Brownlie, Ian, Brownlies Documents on Human Rights, 7

thedn. Oxford University Press, At

Pg. 13,Originally From- Van Boven,T ., in Cassese ,A,.ed., U.N. Law/Fundamental Rights-Two topics in

International Law, Aalphen aan den Rijn:Sitjthoof Noordhoff, 1979, 111 at Pg. 124.16

http://www.globalpolicy.org/un-reform/un-reform-topics/human-rights-council.html,HUMAN RIGHTSCOUNCIL


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The United Nations Millennium + 5 Summit approved in principle the proposal to

create a Human Right Council to replace Commission on Human Rights; and in Resolution

60/251, adopted on 15th March 2006, the General Assembly, recognizing the work

undertaken by the commission and need to preserve and build on its achievement, decided to

set up the Council as a subsidiary organ under Article 22 of the Charter. A week later, The

Economic and Social Council voted to dissolve the Commission (ECOSOC, res 2006/2, 22nd

March, 2006), and the Human Rights Council held its first session in Geneva from 9 thJune to

30th

June, 2006.


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"The Council will be responsible for promoting universal respect for and protection of all

human rights and fundamental freedoms for all. It will address violations, promote human

rights assistance and education, and help develop international human rights law, review the

human rights records of member States, work to prevent abuses, respond to emergencies, and

serve as an international forum for dialogue on human rights issues."17

FUNCTIONS OF THE COUNCIL18

In terms of Resolution 60/251, the functions of the council are to:

1. Promote Human Rights education, and learning as well as advisory services, technical

assistance and capacity-building, to be provided in consultation with and with the

consent of Member States concerned;

2. Serve as a forum for dialogue on thematic issues on all human rights;

3. Make recommendations to the General Assembly for the further development of

International Law in the field of Human Rights;

4. Promote to full implementation of human rights obligations undertaken by States and

follow-up to the goals and commitments related to the promotion and protection of

human rights emanating from United Nations conferences and Summits;

5. Undertake a Universal Periodic Review, based on objective and reliable information,

of the fulfilment by each State of its human rights obligations and commitments in a

manner which ensures universality of coverage and equal treatment with respect to

all states; the review shall be a cooperative mechanism, based on an interactive

dialogue, with the full involvement of the country concerned and with consideration

given to its capacity-building needs; such a mechanism shall complement and not

17

United Nations Office in Geneva, Information Service, Frequently Asked Questions.18Smith, Rhona K.M., Textbook on International Human Rights, Oxford University Press, At Pg. 62-63.


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duplicate the work of treaty bodies; the council shall develop modalities and

necessary time allocation of the universal periodic review mechanism within one year

after holding of its first session;

6. Contribute, through dialogue and cooperation, towards the prevention of human rights

violations and respond promptly to human rights emergencies;

7. Assume the role and responsibilities of the Commission on Human Rights relating to

the work of the Office of United Nations High Commissioner for Human Rights, as

decided by the General Assembly in its resolution 48/141 of 20 December 1993;

8. Work in close cooperation in the field of human rights with Government, regional

organizations, national human rights institutions and civil society;

9. Make recommendations with regard to the promotion and protection of human rights;

10.Submit an annual report to the General Assembly.


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The council represents a great new chance for the U.N. and for humanity to renew

the struggle for Human Rights19

SESSIONS

The Human Rights Council holds no fewer than three regular sessions a year, for a

total of at least ten weeks. They take place in March (four weeks), June (three weeks) and

September (three weeks).

If one third of the Member States requests so, the Human Rights Council can decide

at any time to hold a special session to address human rights violations and emergencies.

Till date, 24 Regular sessions and 19 Special sessions, are held. The recent 24th

regular session20of the Human Rights Council was organised with a panel over the issues

related to:

1. Syria attacks.

2. Human rights of children where parents are sentenced to death or are executed.

3. Gender Integration.

4. Indigenous peoples.

The 19th Special session of the Human Rights Council discussed the issues

"deteriorating human rights situation in the Syrian Arab Republic and the killings in El-

Houleh"21

19Statement by Kofi Annan during 1

stSession on 19

thJune 2006

2024th regular session of the Human Rights Council (9 - 27 September 2013) by UN Human Rights Chief, Navi

Pillay21Statement by Navi Pillay, The Human Rights Council 19th Special Session, Geneva, 1 June 2012.


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MEMBERSHIP OF HUMAN RIGHTS COUNCIL22

The Council is made of 47 Member States, which are elected by the majority of

members of the General Assembly of the United Nations through direct and secret ballot. The

General Assembly takes into account the candidate States contribution to the promotion and

protection of human rights, as well as their voluntary pledges and commitments in this

regard.

The Councils Membership is based on equitable geographical distribution. Seats are

distributed as follows:

1. African States: 13 seats

2. Asia-Pacific States: 13 seats

3. Latin American and Caribbean States: 8 seats

4. Western European and other States: 7 seats

5. Eastern European States: 6 seats

The recent 2013 Group includes:

African States: Angola, Libyan Arab Jamahiriya, Mauritania and Uganda.

Asian States: Malaysia, Maldives, Qatar and Thailand.

Eastern European States: Poland and Republic of Moldova.

Latin American & Caribbean States: Ecuador, Guatemala and Peru.

Western European & Other States: Spain and Switzerland

22

http://www.ohchr.org/EN/HRBodies/HRC/Pages/Membership.aspx, Membership of the Human RightsCouncil


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Members of the Council serve for a period of three years and are not eligible for

immediate re-election after serving two consecutive terms. The Bureau of the Council

consists of five people - one President and four Vice-presidents representing the five

regional groups. They serve for a year, in accordance with the Councils annual cycle.

A member of the council may be removed should it be found to have "persistently

committed gross and systematic violations of human rights," but a two-thirds majority vote of

the General Assembly is required. No nation has been subjected to removal since the

council's establishment in 2006. Non-member nations may also participate in council

proceedings as observers.23

23

http://middleeast.about.com/od/organizations/f/human-rights-council-faq.htm, Council Membership, ByPierre Tristam


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UNIVERSAL PERIODIC REVIEW

The Universal Periodic Review has great potential to promote and protect human rights in

the darkest corners of the world.24

The Universal Periodic Review (UPR) is a unique process which involves a review of

the human rights records of all UN Member States. The UPR is a State-driven process, under

the auspices of the Human Rights Council, which provides the opportunity for each State to

declare what actions they have taken to improve the human rights situations in their countries

and to fulfil their human rights obligations. As one of the main features of the Council, the

UPR is designed to ensure equal treatment for every country when their human rights

situations are assessed.

The UPR was created through the UN General Assembly on 15 March 2006 by

resolution 60/251, which established the Human Rights Council itself. It is a cooperative

process which, by October 2011, has reviewed the human rights records of all 193 UN

Member States. Currently, no other universal mechanism of this kind exists. The UPR is one

of the key elements of the Council which reminds States of their responsibility to fully

respect and implement all human rights and fundamental freedoms. The ultimate aim of this

mechanism is to improve the human rights situation in all countries and address human rights

violations wherever they occur.25

According to the Human Rights Councils institution-building package, the

Universal Periodic Review Working Group will hold three two-week sessions per

year. During each session 16 countries will be reviewed, therefore 48 countries per year. On

21 September 2007, the Human Rights Council adopted a calendar detailing the order in

24

Ban Ki-moon, UN Secretary-General.25http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx, UNIVERSAL PERIODIC REVIEW


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which the 192 UN Member States will be considered during the first four-year cycle. Each

review is facilitated by groups of three States, or troikas, who act as rapporteurs.

The reviews are conducted by the UPR Working Group which consists of the 47

members of the Council; however any UN Member State can take part in the

discussion/dialogue with the reviewed States. Each State review is assisted by groups of three

States, known as troikas, who serve as rapporteurs. The selection of the troikas for each

State is done through a drawing of lots following elections for the Council membership in the

General Assembly. The documents on which the reviews are based are: 1) information

provided by the State under review, which can take the form of a national report; 2)

information contained in the reports of independent human rights experts and groups, known

as the Special Procedures, human rights treaty bodies, and other UN entities; 3) information

from other stakeholders including national human rights institutions and non-governmental

organizations. Reviews take place through an interactive discussion between the State under

review and other UN Member States. This takes place during a meeting of the UPR Working

Group. During this discussion any UN Member State can pose questions, comments and/or

make recommendations to the States under review. The troikas may group issues or questions

to be shared with the State under review to ensure that the interactive dialogue takes place in

a smooth and orderly manner. The duration of the review was three hours for each country in

the Working Group during the first cycle. From the second cycle onwards the time has been

extended to three hours and thirty minutes.26

26http://www.upr-info.org/


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HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE27

Pursuant to Council resolution 5/1 paragraphs 65 to 84, the Human Rights Council

Advisory Committee has been established to function as a think-tank for the Council and

work at its direction. The Committee held its first meeting in August 2008. It meets twice a

year, for one week in February immediately before the March session of the Council and for

one week in August. In order to produce its studies, the Committee usually forms drafting

groups consisting of 4-5 members. The drafting group members work closely with each other

through face-to-face meetings and internet communication. Studies are then presented to the

plenary of the Committee for successive rounds of discussion and revision. Drafting groups

normally present a preliminary report and a progress report before submitting a final study to

the Council. The achievements of the committee includes: human rights education and

training, missing persons, leprosy related discrimination, right to food, integration of gender

perspective etc.

Mandate & Functions:

The Advisory Committee provides expertise to the Council in the manner and form

requested by it. It mainly focuses on studies and research-based advice.

The Committee may also propose within the scope of the work set out by the Council,

for the latters consideration and approval, suggestions for further research proposals.

In its work, the Committee should be implementation-oriented and the scope of its

advice should be limited to thematic issues pertaining to the mandate of the Council,

namely promotion and protection of all human rights.

27http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/AboutAC.aspx


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HUMAN RIGHTS COUNCIL COMPLAINT PROCEDURE

On 18 June 2007, the Human Rights Council adopted resolution 5/1 entitled

Institution-Building of the United Nations Human Rights Council by which a new

complaint procedure was established to address consistent patterns of gross and reliably

attested violations of all human rights and all fundamental freedoms occurring in any part of

the world and under any circumstances. Two working groups make up the Complaint

procedure: the Working Group on Communications (WGC) and the Working Group on

Situations (WGS). The WGC consists of five independent and highly qualified experts, and is

geographically representative of the five regions represented by the Human Rights Council.

The Advisory Committee designates the WGC's experts from among its members. The

experts serve for three years with the possibility of one renewal. The experts determine

whether a complaint deserves investigation. If a complaint deserves investigation, the WGC

passes the complaint to the WGS. The WGS comprises five members appointed by the

regional groups from among the States member of the Council for the period of one year

(mandate renewable once).28

The complaint procedure addresses communications submitted by individuals, groups,

or non-governmental organizations that claim to be victims of human rights violations or that

have direct, reliable knowledge of such violations.

Like the former 1503 procedure, it is confidential, with a view to enhance cooperation

with the State concerned. The new complaint procedure has been improved, where necessary,

28http://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council/


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to ensure that the procedure be impartial, objective, efficient, victims-oriented and conducted

in a timely manner.29

OTHER SUBSIDIARY BODIES:

In addition to the UPR, the Complaints Procedure and the Advisory Committee, the HRC's

other subsidiary bodies30includes:

Expert Mechanism on the Rights of Indigenous Peoples, which replaced the

CHR's Working Group on Indigenous Populations

Forum on Minority Issues, established to provide a platform for promoting dialogue and

cooperation on issues pertaining to national or ethnic, religious and linguistic minorities

Social Forum, established as a space for dialogue between the representatives of Member

States, civil society, including grass-roots organizations, and intergovernmental

organizations on issues linked with the national and international environment needed for

the promotion of the enjoyment of all human rights by all.31

SPECIAL PROCEDURES OF HUMAN RIGHTS COUNCIL

The special procedures of the Human Rights Council are independent human rights

experts with mandates to report and advice on human rights from a thematic or country-

specific perspective. The system of Special Procedures is a central element of the United

29http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx

30On 18 June 2007, one year after its first meeting, the Human Rights Council adopted its Institution-building

package (resolution 5/1) which details procedures, mechanisms and structures that form the basis of its work.31http://www.ohchr.org/EN/HRBodies/HRC/Pages/OtherSubBodies.aspx


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mandate-holders tenure in a given function,whether it is a thematic or country mandate, is

limited to a maximum of six years.34

34http://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council


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CONCLUSION

The UN Human Rights Council attained successes over the years by continuing to

improve its response to human rights violations around the world. As rightly suggested, The

Human Rights Council has finally begun to live up to its mandate by taking quick action on

human rights crises in places like Syria and Cte dIvoire, now the key challenge is keeping

the Council moving forward, and not backsliding.35The Commission of Human Rights and

establishing the UN Human Rights Council as an intergovernmental body within the United

Nations, the main objectives and principles set from the UNHRC itself were to make an

improvement in the field of human rights violation and to prevent the mistakes that the

previous body made.

But the main problems included allowing countries with poor human right records to

be members, and the fact that the UNCHR enabled members to cooperatively vote bloc

important human rights resolutions, in order to protect the respect of their countries on

international level, thereby hiding the fact that HR violations exist, and preventing the body

from offering support.36

Sadly, the expansions of this body - the Advisory Committee and Complaints

Procedure methods, although supposed to make improvements in the quality of the body,

made no significant difference in the final decision-making process and the development of

new resolutions, since the problems of the previous body are still existing.

The outcome of the five-year review has been criticized by some human rights groups

and Government for not sufficiently addressing what many saw as the Councils lack of

35Juliette de Rivero, Geneva director at Human Rights Watch

36

http://debatewise.org/debates/3549-the-un-human-rights-council-should-be-abolished/The UN HumanRights Council should be abolished


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effectiveness in addressing human rights issues.37The Human Rights Council acted promptly

and helpfully on several crises this past year. The Council has come a long way, but it still

needs to address many parts of the world where violations are being ignored. 38According to

some critics following are some of the reasons for why United Nations Human Rights

Council should be abolished?39

1. Politicized decision-making process.

2. Disproportional and ineffective protection of human rights.

3. UNHRC kept the weaknesses of the Commission.

4. The UNHRC is a "leading sponsor of impunity for gross abuses worldwide"

But the rebuttal to these points, that why United Nations Human Rights Council should not

be abolished40are also stated by some other critics, saying, -

1. The Council has a unique place in the UN and global Human Rights efforts.

2. It provides an essential contribution to the global protection of human rights

3. Encouraging dissemination of human rights ideals

4. The political system of the UNHRC promotes Human Rights.

37Statement by Human Rights Watch at the second session of the Intergovernmental Working Group on the

Review of the Human Rights Council, Review of the Human Rights Council: A Deplorable Lack of Progress,

February 9, 201138

http://www.hrw.org/news/2011/09/22/un-human-rights-council-build-recent-successes39

http://debatewise.org/debates/3549-the-un-human-rights-council-should-be-abolished/40Ibid.


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BIBLIOGRAPHY

Indian Authors

1. Kapoor, Dr. S.K., International Law and Human Rights, Central Law Agency, New

Delhi. 10thedn. 2011.

2. Aggarwal, Dr. H.O., International Law and Human Rights, Central Law

Publications, New Delhi. 12thedn. 2013.

Foreign Authors

1. Brownlie, Ian, Brownlies Documents on Human Rights, Oxford University Press,

7thedn. 2012.

2. Smith, Rhona K.M., Textbook on International Human Rights, Oxford University

Press, 11thedn. 2011.

Internet References

1. www.ohchr.org

2. www.humanrights.com

3. www.thefreedictionary.com

4. www.wikipedia.org

5. www.worldnews.about.com

6. www.globslpolicy.org

7. www.middleeast.about.com

8. www.debatewise.org

9. www.equalityhumanrights.com

10.www.upr-info.org

11.www.hrw.org

Human Right Council

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Transcript of Human Right Council