Human Rights Council inaugural session: first impressions by ISHR


[GENEVA, 19 June 2006] - the Human Rights Council (the Council) took place at Palais des Nations on 19 June 2006 and was opened by Mr. Jan Eliasson, President of the United Nations (UN) General Assembly. The session was attended by delegates from member and non-member States of the Human Rights Council (the Council), as well as a substantial number of representatives from non-governmental organisations (NGOs), representatives of national human rights institutions and members of the press.

Election of officers

The Mexican Ambassador Luis Alfonso de Alba was elected by acclamation as the President for the first year of the Human Rights Council. The President then proceeded to preside over the election of other officers making up the Bureau of the first year of the Human Rights Council.

As stressed by the Mexican Ambassador, delegations decided during the informal consultations that the Bureau would be made up of one President and four Vice-Presidents with equitable geographic distribution. Each Vice-President were elected by acclamation and in the same order in which their region will rotate into the position of President in the future. The four Vice-Presidents of the Council, also elected by acclamation, are: the Czech Republic (Central and Eastern Europe); Morocco (Africa); Switzerland (Western Europe and Other Group); and Jordan (Asia). Jordan also holds the position of Rapporteur.

Key issues

In addition to the opening statements made by Ambassadors Luis Alfonso de Alba and Jan Eliasson, several high level speakers also addressed the Council during its inaugural session. These included: the Secretary-General, Mr. Kofi Annan; the High Commissioner for Human Rights, Ms. Louise Arbour; and a recent Nobel Laureate, Ms. Wangari Maathai (the recipient of the Nobel Peace Prize in 2004).

The vision of the Human Rights Council

Speakers highlighted the process that led to the establishment of the Council. The Secretary-General and the President of the General Assembly placed the beginning of this initiative in the release of the Secretary-General's paper entitled In Larger Freedom. Speakers noted the difficult process leading to the establishment of the Council. The majority of speakers spoke about the multilateral nature of the negotiations. They hoped that this would be mirrored in the future work of the Council. The High Commissioner, the President of the Council, the President of the General Assembly, and Ms. Wangari Maathai regarded the Council as a new chapter for the UN in the area of human rights.

The President of the Council spoke of the need to improve cooperation and coordination within the UN system, as well as the need to incorporate human rights into the UN system at every level. The Secretary-General referred to the requirement in the General Assembly Resolution to review the status of the Council within five years. He hoped that the Council would be made a principal organ of the UN through an amendment to the UN Charter.

The legacy of the Commission on Human Rights 

The President of the General Assembly noted that the establishment of the Council offers a fresh start for the UN's work on human rights, but added that this does not mean that the work of the Commission is without value. He specified that the Council should simply be wary of the political dynamics of the past. The President of the Council reiterated this, saying that Council members should associate themselves with the strengths of the Commission, such as the special procedures system, and the legal framework, while at the same time achieving new working methods and mechanisms. The High Commissioner underlined Franklin Delano Roosevelt's Four Freedoms, arguing that they are as relevant today as they were at the time of the foundation of the Commission more than 60 years ago.

The Secretary-General asked member States to move past the culture of the Commission, cautioning against political point scoring and manoeuvring. In this vein, he called for “a change in culture” and a “break from the past”.

Tasks that the Council needs to undertake in its first year

On the subject of the Universal Periodic Review, the Secretary-General specified that the “break from the past” must be apparent in the way that the Universal Periodic Review mechanism is developed and applied, and in the willingness of member States to “confront hard issues and engage in difficult discussions, where these are necessary to remedy – or even better - to prevent human rights violations”.

The Secretary-General clearly reaffirmed the role of the special procedures. He highlighted their vital work as voices for the voiceless and their role as an early warning mechanism. The Secretary-General also cited the important work of the special procedures in initiating discussions on concrete measures Governments need to take to implement human rights. The President of the Council called for strengthening of the protection mechanisms.

The Secretary-General reminded participants that the Commission set up the first ever human rights complaints mechanism in the UN system, the 1503 procedure, and trusted “that this, or a similar confidential complaint procedure, will be retained to ensure that [the Council] does not overlook allegations of gross and widespread abuses in any country”. 

The Secretary-General highlighted the importance of the Council’s working methods in “break[ing] away from the past”. He argued that the working methods decided upon by the Council will determine its eventual success or failure. He particularly stressed the importance of the Council being able to meet more frequently than the Commission and its ability to call special sessions.

Pending Business from the Commission on Human Rights

The Secretary-General called on Council members to accept the draft International Convention on the Protection of All Persons from Forced Disappearance and the draft Declaration on the Rights of Indigenous Peoples. He also hoped that the Council would reach agreement about the development of an optional protocol creating a complaints mechanism to the International Covenant on Economic, Social and Cultural Rights. He emphasised that the Council had a chance to start its work with tangible achievements by moving forward on these tasks.

NGO and National Human Rights Institution (NHRI) participation

Several speakers mentioned the importance of NGO and NHRI participation in the work of the Council. The Secretary-General and the High Commissioner stressed that these groups are resources the Council should utilise to understand situations on the ground. The High Commissioner advised the new body “to tap into the enormous resource of expertise and experience that human rights defenders, non-governmental organisations and civil society as a whole can offer”. The High Commissioner emphasised that “their independent scrutiny ensures that accountability is not a mirage”. The President of the Council invited NGOs to take part in this transition and transforming process.

Further information

pdf: http://www.ishr.ch/hrm/HRC/Session1/InauguralSessionFirstImpressions.pdf

Tags: 

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.