[NEW YORK, 23 February 2006] - The President of the General Assembly presented his Draft Resolution on the Human Rights Council to member States this afternoon, stressing the need to once again strive for closure in a difficult set of negotiations "in the interest of those in need or in danger."
The President addressed the ongoing and recently heightened mistrust that has at times paralysed negotiations, stressing the need for mutual respect and understanding. Recognising that member States could not insulate themselves from the global political realities, he nonetheless urged them to remain focused on the "historic task at hand," noting that it was time for a final decision on the Human Rights Council. He is expected to ask member states to take a decision on this issue next week.
The President presented his new text, which is based on the informal consultations of the plenary, the consultations with the human rights community in Geneva, the intensive bilateral consultations with delegations in the past few weeks, and discussions with the co-chairs. The President paid tribute to the important contributions of the co-chairs, Ambassador Arias of Panama and Ambassador Kumalo of South Africa.
Find below highlights of the key changes in the President's text as well as an overview of other key elements that have remained the same.
Key Changes
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The President's text reflects a greater emphasis on co-operation and dialogue (PP1, PP10, OP4, OP5a, OP5e, OP5f, OP12)
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Preamble: A new preambular paragraph (PP7) has been added to address the tensions and mistrust that arose following the publication of controversial cartoons and depictions in the European media. The paragraph affirms the "need for all States to continue international efforts to enhance dialogue and broaden understanding among civilizations, cultures and religions… " and emphasises the important role that various actors play in promoting tolerance, respect, and freedom of religion.
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Universal Periodic Review: The new text establishes a timetable according to which the Council will be responsible for developing the modalities and time allocation for the review within a year after its first session.
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Membership/Elections: Membership has gone down from 53 to 47 to be elected by a majority (absolute majority). To maintain the legitimacy of elections, individual and direct votes will take place in the GA on all candidates instead of set regional pre-selections. The document has maintained the numeric regional allocations according to equitable geographic distribution (Africa 13, Asia 13, Eastern Europe 6, GRULAC 8, WEOG 7). The text includes existing language to prevent de facto permanent membership with a limit of two consecutive terms limit and to ensure that members of the Council are to be newly elected.
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Standards/Criteria: A notable change to the previous text is a new provision in OP8. In addition to taking into account candidates’ contribution to the promotion and protection of human rights and voluntary pledges/commitments, the GA also has the ability, through a two-thirds majority vote, to suspend the membership of a Council member that commits gross and systematic violations of human rights. Furthermore, the current text maintains that elected members shall uphold the highest human rights standards, cooperate with the Council and be reviewed under the universal periodic review during their term
Status on Other Issues
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Prevention: Current text maintains that the HRC will contribute towards prevention of human rights violations and respond to human rights emergencies, as opposed to "deteriorating human rights situations"
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Recommendations to UN Bodies: No specific mention of particular UN bodies or the UN system is included.
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Review of Commission’s Mandate and Functions: The provision to assume, review and rationalise the mandates, mechanisms, functions and responsibilities of the Commission on Human Rights remains in the text.
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Sessions/Weeks: The Council is to hold no fewer than three sessions per year for no less than ten weeks with ability to hold special sessions upon request of a Council member with support of one-third of the Council.
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NGO Participation: Participation of/consultation with NGOs is to be based on ECOSOC resolution 1996/31 and practices observed by the Commission.
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Review of Work/Functioning: In addition to a five-year review of the Council's status, there will in the same year be a review of work and functioning with a report to the GA.
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Country-Specific Resolutions: No limits have been placed on such resolutions in the current text.
Differences between the Council and the Commission
In addition to reviewing the text, the President outlined key factors that differentiated the Council from the Commission:
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Council would be a subsidiary body of the GA and thus have higher institutional standing;
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Council would have new focus on dialogue and cooperation;
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Council would meet regularly throughout the year and have mechanisms to convene additional sessions if necessary;
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The Universal Periodic Review allows for assessment of states’ fulfillment of human rights obligations/commitments while addressing the problem of selectivity;
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Distribution of seats would be according to equitable geographic distribution;
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Elimination of de facto permanent membership
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The Council would have legitimate expectations of its members with ability to suspend members engaged in gross and systematic human rights violations;
More information:
Read the statement of support for the Human Rights Council by Louise Arbour, UN High Commissioner for Human Rights.
Read the statement by the Secretary General
Read the statement by the President of the General Assembly
NGO statements on the draft Resolution:
