UNITED NATIONS HUMAN RIGHTS COUNCIL

BY SREEJITA GHOSH BA LLB SEC-B III rd SEM R450212106 500022469

INTRODUCTION

The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva. The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly. The Human Rights Council replaced the former United Nations Commission on Human Rights.

CREATION

• The Council was created by the United Nations General Assembly on 15 March 2006 by resolution 60/251. Its first session took place from 19 to 30 June 2006. One year later, the Council adopted its "Institution-building package" to guide its work and set up its procedures and mechanisms.

• The institution building package includes :-

UNIVERSAL PERIODIC REVIEW MECHANISM ADVISORY COMMITTEE COMPLAINT PROCEDURE

UNIVERSAL PERIODIC REVIEW MECHANISM

• A key component of the Council consists in a periodic review of all 193 UN member states, called the Universal Periodic Review (UPR)

• The new mechanism is based on reports coming from different sources, one of them being contributions from NGOs. Each country's situation will be examined during a three-hour debate.

• The Universal Periodic Review is an evolving process; the Council, may review the periodicity of this mechanism, based on best practices and lessons learned.

• The following terms and procedures were set :-1) Reviews are to occur over a four-year period

(48 countries per year). Accordingly, the 192 countries that are members of the United Nations shall normally all have such a "review" .

2) The order of review should follow the principles of universality and equal treatment.

3) All Member States of the Council will be reviewed while they sit at the Council and the initial members of the Council will be first.

4)Review will be done in alphabetical order.

COMPLAINT PROCEDURE

• The complaint procedure allows an examination of such complaints which reveal the existence of a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms. Once the Council received several individual cases which form a consistent pattern of gross systematic human rights violations which are reliably proved, it can decide to examine the situation of the human rights in the country concerned.

• The complaint must comprise of :-1. The name of the author of the complaint, i.e. the

name of the person(s) or organization(s) who file(s) the complaint. The claimant has to precise it clearly, if he or she wishes the case to be treated anonymously.

2. A description of the facts, comprising: the identification of the victims and suspects of the violation, accompanied by a detailed description of the events when the violation took place.

3. Apparent evidence, such as written declarations on the facts by the victims, their families or witnesses of the violation, or a medical report indicating the consequences of the violation. The evidence can be included in the complaint itself or attached to it.

ADVISORY COMMITTEE

• The 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. The committee is composed of 18 independent members from different professional backgrounds representing various regions of the world.

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

• It shall not adopt resolutions or decisions.

REVIEWING OF RESOLUTION

The founding resolution of the Human Rights Council provides in operative paragraph 1 that the General Assembly shall review the status of the Council within five years. In operative paragraph 16 of the same resolution the General Assembly also decided that the Human Rights Council shall review its work and functioning five years after its establishment and report to the General Assembly.

ELECTION PROCEDURE

• The members of the Council would be elected by the General Assembly to ensure that the election procedure was more representative.

• Prospective candidates would have to make pledges and commitments, which the members of the General Assembly would have to take into account when voting.

If a Member State of the Council committs gross and systematic violations of human rights during its tenure, membership could be suspended by a two-thirds majority vote in the General Assembly.Member States would not be eligible to immediate re-election after two consecutive terms.

THE RESOLUTION INCLUDES THE FOLLOWING MANDATES FOR THE COUNCIL :-

• Promote universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in fair and equal manner.

• Address situations of violations of human rights, including gross and systematic violations and make recommendations thereon.

• Promote human rights education and learning as well as advisory services and technical assistance , to be provided in consultation with the consent of Member States concerned.

• Contribute , towards the prevention of human rights violations and respond promptly to human rights emergencies.

• Work in close cooperation in the field of human rights with Governments, regional organizations, national human rights institutions and civil Society.

• Submit an annual report to the General Assembly.

HUMAN RIGHTS COUNCIL AND INTERNATIONAL RELATIONS

Norms and treaty creation- it is something more than political to civil liberties to economic, social and cultural rights to racial discrimination to the rights of women, children, migrant workers and more recently disabled.

Monitoring of rights- human rights monitoring has matured and developed considerably.

• Response to atrocities-whether war crimes, genocide or crime against humanity; all of these have been a major focus in the international community.

• Protection of women’s and children’s rights

• Other group rights-Racism and other forms of xenophobia have been a major focus.

CONCLUSION

• Protecting human rights is an important goal for every individual and for society as a whole. The Human Rights Commission staff work hard to ensure compliance with human rights laws. The Commission also works to help the public gain a better understanding of the importance of protecting all people from violation of their human rights.

REFERENCES

• http://www.ohchr.org/EN/HRBodies/HRC/Pages/AboutCouncil.aspx

• http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N05/502/66/PDF/N0550266.pdf?OpenElement

• http://www.un.org/en/ga/president/65/issues/hrcouncil.shtml

• http://www.claiminghumanrights.org/hrc_complaints.html

• www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/pages/AboutAC.aspx

• www.justice.gov.nl.ca/hrc/index.html

• http://www.cfr.org/human-rights/global-human-rights-regime/p27450

THANK YOU