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On
15 March 2006, the General Assembly decided to establish a
new Human Rights Council, responsible for promoting universal
respect for the protection of human rights and fundamental
freedoms for all, without distinction of any kind and in a
fair and equal manner. Adopting resolution 60/251 by a vote
of 170 to 4, with 3 abstentions, the Assembly set up the Council
to replace the Commission on Human Rights. The election of
the first members of the Council was held on 9 May 2006 and
their term of office will begin on 19 June 2006.
The
Human Rights Council at a Glance
On
the role of the Human Rights Council
The
Human Rights Council, as a subsidiary body of the General
Assembly, will be directly accountable to the full membership
of the United Nations.
The
Council will serve as the main United Nations forum for dialogue
and cooperation on all thematic human rights issues. Its focus
will be to help Member States meet their human rights obligations
through dialogue, capacity-building and technical assistance.
It will also make recommendations to the General Assembly
for further development of international law in the field
of human rights.
On
the membership of the Council
The Human
Rights Council will consist of 47 members, as compared to
the 53-member Commission on Human Rights. Council members
will serve for a three-year period and will not be eligible
for immediate re-election after serving two consecutive terms.
Membership
is open to all Member States of the United Nations. They will
be elected individually and directly by secret ballot by the
absolute majority (96 votes) of the entire membership of the
General Assembly. In comparison, election to the Commission
on Human Rights, was by the 53 members of the UN Economic
and Social Council through a majority of those present and
voting.
Seats
in the Human Rights Council will be distributed in accordance
with equitable geographical representation among the following
regional groups: 13 from the African States; 13 from the Asian
States; 6 from the Eastern European States; 8 from the Latin
American and Caribbean States; and 7 from the Western European
and Other States.
On
the meetings of the Council
The Human
Rights Council will be based in Geneva and will meet regularly
throughout the year. It will hold no fewer than three sessions
annually, including a main session, for a total duration of
no less than ten weeks. It will also be able to hold special
sessions, when necessary, at the request of a member and with
the support of one third of the Council membership.
On
the expectations of Council members
Member
States will take into consideration the candidates' contribution
to the promotion and protection of human rights. New Council
members will commit themselves to fully cooperate with the
Human Rights Council and uphold the highest standards in the
promotion and protection of human rights. They will also submit
voluntary pledges and commitments with regard to the promotion
and protection of human rights. These expectations did not
exist for the Commission on Human Rights. Members will also
undergo the Council's universal periodic review mechanism
during their term of membership. The modalities and frequency
of this review mechanism will be adopted by the Council within
one year of its first session.
On
the possibility of suspending the rights and privileges of
Council members
The General
Assembly, by a two-thirds majority of members present and
voting, may suspend the rights and privileges of any member
of the Council that commits gross and systematic violations
of human rights during its term of membership.
On
the Council extending the mandate of the existing human rights
special mechanisms, such as independent experts, treaty bodies
and special rapporteurs
The Human
Rights Council will carry over all the Commission's mandates
and responsibilities to ensure that there is no protection
gap in the transition. A review, to be completed within one
year from the Council's first session, will examine ways to
rationalize and strengthen the special procedures and mechanisms,
including the Sub-Commission on the Promotion and Protection
of Human Rights. The Council will also assume the role and
responsibilities of the Commission relating to the work of
the Office of the High Commissioner for Human Rights.
On
the participation of non-governmental organizations and other
observers in Council proceedings
Observers,
including non-governmental and intergovernmental organizations,
national human rights institutions and specialized agencies
will participate in the Human Rights Council based on the
same arrangements and practices that applied to the Commission.
Excerpts
from a statement by Secretary-General Kofi Annan on 15 March
2006 in Antananarivo, Madagascar:
Today,
by this historic resolution, the General Assembly has established
the new Human Rights Council that world leaders resolved to
create at the summit last September. This gives the United
Nations the chance--a much-needed chance--to make a new beginning
in its work for human rights around the world. I congratulate
General Assembly President Jan Eliasson and thank him for
his patience and tenacity in bringing this sensitive matter
to a conclusion.
No country
will be wholly satisfied with every paragraph in the resolution,
but such is the nature of international negotiations. It preserves
important strengths of the Commission on Human Rights, such
as the system of special procedures and the participation
of non-governmental organizations, while also setting forth
important innovations to address the Commission's weaknesses.
Taken as a whole, the resolution gives us a solid foundation,
on which all who are truly committed to the cause of human
rights must now build. I believe they will succeed in building
a framework within which Governments from all parts of the
world can work together to promote human rights, more effectively
than ever before. This is only the first step in a process
of change
Now the
real work begins. The true test of the Council's credibility
will be the use that Member States make of it. If, in the
weeks and months ahead, they act on the commitments they have
given in this resolution, I am confident that the Council
will breathe new life into all our work for human rights,
and thereby help to improve the lives of millions of people
throughout the world.
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