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Building the Human Rights Council
At midnight Geneva time on Monday, June 18, 2007, a consensus text was finally agreed on Human Rights Council's (HRC) institution-building process. To see WILPF's 2006-2007 monitoring of this issue, look here..
The process was led by the first HRC President Ambassador Luis Alfonso de Alba (Mexico). Negotiations to reach this milestone agreement took place all day on Sunday, June 17, 2007, and continued until midnight Geneva time on Monday, meeting the deadline set in General Assembly Resolution 60/251, the resolution that established the HRC. Download a factsheet its outcome here.
Room XVII at the Palais de Nations, in Geneva, Switzerland, where this historic moment for human rights took place.
Photo by Erin Foley
UN Reform and Transition from Commission to Council
These institutional changes were a part of the process of UN reform, in
response to criticism of practices within UN mechanisms. The Commission on Human Rights was accused of increased politicization, voting blocks, election of Member States with poor human rights records, as well as selectivity and double standards. As a part of this Reform process, the Commission of Human Rights dissolved and the Human Rights Council was created. More can be read about this in a paper on UN Reform prepared by Ms. Edith Ballantyne here.
There has been much criticism of this transitional period because of gaps in human rights protection regarding urgent human rights topics. Dissatisfaction has also been voiced because of the many accomplishments in the human rights architecture that were thrown into question, for instance, the specific agenda item designated to women’s issues.
Finally, upon the completion of one year of navigating this uncertain territory, and after extended negotiations of the texts laying the framework for these structural shifts, the first President
of the Council, in collaboration with Member States, completed and distributed the final text.
The What and How of the HRC
This institution-building text contains procedural direction for the HRC, providing a path forward for this new body’s work- the rules of procedure by which the Council will abide. The newest additions to the UN Human Rights structure include the Universal Periodic Review (UPR), and a new Code of Conduct for Special Procedures Mandate Holders. Some of the details that have been etched out include the principles, objectives, modalities, and outcome of the UPR; as well as selection and appointment of mandate-holders, the framework and function of the Advisory Committee, the reorganization of the agenda, as well as the Council’s Programme of Work.
Specific changes that occurred with the transition are outlined below:
Where are the Women?
The specific agenda item from the Commission on Human Rights that dealt with Women’s Human Rights has been lost in the agenda of the Council. However, the phrase "Gender perspective" was added to the "Principles" of the Universal Periodic Review, preceding the agenda and framework for the Programme of work. This means that the topic of gender is to be discussed throughout the human rights evaluation, as an integral part of its functioning.
The Agenda/ Programme of Work
The new Agenda addresses first organizational and procedural matters, and then the Annual Report of the OHCHR. This is followed by an item on the promotion and protection of all human rights: economic, social, cultural as well as civil and political rights, including the right to development; Cross-cutting issues in item 3 has been replaced by "interrelation of human rights and human rights issues." Further items include: human right situations that require the Council’s attention; Human Rights Bodies and Mechanisms; an item on Palestine and the Occupied Palestinian Territories, addressing the right to self-determination; the UPR; Follow-up and implementation of the Vienna
Declaration and Programme of Action; Racism, Racial Discrimination, and
follow-up and implementation of the Durban Declaration and Programme of Action; and, lastly, technical assistance and capacity-building.
Rules of Procedure
The text on rules of procedures establishes that Council follows the Rules of Procedures for the Main Committees of the General Assembly, with exceptions as noted. As previously established, it will meet for 10 weeks a year, over a minimum of three sessions. The Council will be based in Geneva. For now, the provisions for NGO participation will remain the same as they have been under the Commission, including resolution 2005/74 of 20 April 2005, despite expressed need for developing specific guidelines. The text also contains an additional reference to "proposers of a country resolution have the responsibility to secure the broadest possible support for their initiatives (preferably 15 members), before action is taken."
In terms of renewing country-specific mandates, the most controversial Cuba and Belarus have not been included in the list. These The remaining mandates will have an extension of one year until they are reviewed.
The delay in reaching the midnight consensus on the President's Institution-building text was most likely caused by the Chinese insistence that a two thirds majority vote be the approval mechanism for Council decisions. This was not reflected in the final text and voting remains "by a simple majority of members present and voting." After the text was formally adopted, Canada raised a point of order, claiming selectivity in the inclusion of an agenda item on the Occupied Palestinian Territories. More on the discussion that followed here..
This institution-building process has now officially concluded, though it’s likely that adjustments and amendments will be made through practical experience with this new structure. The Council will continue to go through the growing pains inherent in any major multilateral institutional shift, and we should expect to determine the success of the transition in the upcomng years, after enough time passes to be able to evaluate its outcomes.
The new Council Presidency began on the June 19, 2007. All member states congratulated Ambassador De Alba on the completion of the text, and welcomed the new President, Ambassador Doru Romulus Costea of Romania.
WILPF Coverage of April 2007 working group meetings
WILPF Coverage of January/February 2007 working group meetings
WILPF 2006 Coverage
Reposted 14 December 2007
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