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Summary: Information on the Commission provided bu
the International Helsinki Federation for
Human Rights: historical background - present
status (membership, mandates, special
procedures, NGO participation) - reform.
Historical Background:
The UN Commission on Human Rights is the primary UN body working to
protect and promote human rights. The UN Economic and Social Council
(ECOSOC) established the Commission in 1946. The original body chaired
by Mrs. Eleanor Roosevelt, consisted of nine human rights specialists and
was dedicated to setting international human rights standards. In 1948
the Commission, which had grown to 18 members, elaborated the
Universal Declaration of Human Rights (UDHR). The Commission continued
to perform a standard-setting function, introducing in 1976 both the
International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights. Together with the
UDHR these two covenants make up the International Bill of Human Rights
that serves as the basis of international human rights law.
It was not until 1967, more than 20 years after its inception, that the
Commission was given the mandate to consider human rights violations.
Since then the Commission has focused increasingly on monitoring state
compliance with international human rights law, while still continuing to
elaborate internation human rights standards.
Present Status:
Membership
Unlike its historical counterpart the current UN Commission on Human
Rights is not a small panel of independent experts but a larger political
body comprised of 53 elected States. ECOSOC elects Member States to the
Commission with each geographical region being allotted a fixed number of
seats (African States: 15, Asian States: 12, Eastern European States: 5,
Latin American and Caribbean States: 11, Western Europe and Other
States: 10). The Commission has no permanent members but rather each
elected Member State serves for a term of three years and is eligible for re-
election. The Commission meets for six weeks annually in March-April in
Geneva.
Mandates
In addition to continually developing international human rights law
standards, the Commission works to protect and promote human rights by
examining, monitoring and reporting on situations in specific territories
(country mandates) and on universal human rights themes (thematic
mandates) such as racism, the right to self determination, the
independence of the judiciary, and religious intolerance. The Commission
currently has 14 country mandates and 22 thematic mandates.
Special Procedures
To carry out its mandates, the Commission relies largely on its system of
special procedures. The special procedures mechanisms vary in their
constitution but are typically comprised of an individual rapporteur,
representive, or expert or a panel of such individuals called a working
group. There are at present more than 30 of these special procedures
mechanisms working throughout the year conducting studies, providing
advice to States, responding to individual complaints and compiling reports
on their respective mandates.
Participation of Non-Governmental Organizations
Non-Governmental Organizations (NGOs) function as an important liason
between civil society and the Human Rights Commission. NGOs along with
Governments and Intergovernmental Organizations serve as useful
sources of information for the special procedures mechanisms in their
efforts to carry out various thematic and country mandates. Additionally,
under rule 75 of the Human Rights Commissions Rules of Procedures, NGOs
that have been granted consultative status by ECOSOC may observe
public meetings of the Commission and its subsidiary organs and under
rule 76 an NGO that has been granted consultative status may serve as a
consultant to the Human Rights Commission or to its committees at the
request of either the Commission or the consultative NGO. Under the
recommendation of the Security General and with the approval of the
Commission a consultative NGO may also be heard by the Commission.
Reform:
In March 2005 UN Secretary-General Kofi Annan proposed in his Report In
Larger Freedom that the UN Commission on Human Rights be replaced by a
smaller standing Human Rights Council. Such a Council would likely retain
some mechanisms of the present Commission such as the system of
special procedures and NGO participation, while adopting new measures to
render the human rights body a more effective instrument for protecting
and promoting human rights worldwide.
Among other reform proposals, this proposal will be considered at the UN
Summit in New York on 14-16 September 2005. In advance of this summit,
informal deliberations are being held among States to discuss Annan’s
reform proposals. For more information regarding the reform process and
the issues surrounding the proposed reform of the UN Commission on
Human Rights please see the separate overview and explanatory notes.
For further information on the UN Commission on Human Rights, please
visit the
OHCHR website.
This note was prepared by the International Helsinki Federation for Human
Rights (IHF), June 2005