Full Draft Resolution Text:
Revised text draft 1
11-XII-05
HUMAN RIGHTS COUNCIL
PP1 Reaffirming the purposes and principles contained in
the Charter of the United Nations, including achieving international cooperation
in solving international problems of an economic, social, cultural and humanitarian
character, and in promoting and encouraging respect for human rights and fundamental
freedoms for all,
PP2 Reaffirming the Universal Declaration of Human Rights,
the Vienna Declaration and Programme of Action and recalling the International
Covenant on Economic, Social and Cultural Rights and the International Covenant
on Civil and Political Rights and other human rights instruments,
PP3 Reaffirming that all human rights are universal, indivisible,
interrelated, interdependent and mutually reinforcing and that all human rights
must be treated in a fair and equal manner, on the same footing and with the
same emphasis,
PP4 Reaffirming also that while the significance of national
and regional particularities and various historical, cultural and religious
backgrounds must be borne in mind, all States, regardless of their political,
economic and cultural systems, have the duty to promote and protect all human
rights and fundamental freedoms,
PP5 Emphasizing the responsibilities of all States, in conformity
with the Charter, to respect human rights and fundamental freedoms for all,
without distinction of any kind as to race, colour, sex, language or religion,
political or other opinion, national or social origin, property, birth or
other status,
PP6 Reaffirming the commitment to strengthen the United
Nations human rights machinery with the aim of ensuring effective enjoyment
by all of all human rights and civil, political, economic, social and cultural
rights, including the right to development,
PP7 Acknowledging that peace and security, development and
human rights are the pillars of the United Nations system and the foundations
for collective security and well-being and recognizing that development, peace
and security and human rights are interlinked and mutually reinforcing,
PP8 Recognizing the work undertaken by the United Nations
Commission on Human Rights and the need to preserve and build on its achievements
and to redress its shortcomings,
PP9 Recognizing also the importance of ensuring universality,
objectivity and non-selectivity in the consideration of human rights issues,
and the avoidance of double standards and politicization,
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PP10 Recognizing further that the promotion and protection
of human rights should be based on the principles of cooperation and genuine
dialogue and principally directed to the benefit of rights holders,
PP11 Acknowledging that non-governmental organizations play
an important role, at the national and international level, in the promotion
and protection of human rights,
PP12 Reaffirming the commitment to further strengthen the
United Nations human rights machinery and to this end the resolve to create
a Human Rights Council,
Status
OP1 Decides to establish a Human Rights Council, to be based
in Geneva, in replacement of the Commission on Human Rights,as a:
Alt1: principal organ of the United Nations
Alt2: subsidiary organ of the General Assembly
Alt3: subsidiary organ of the General Assembly; the General
Assembly shall review the status of the Council within five years to consider
whether or not it should be made a principal organ of the United Nations.
Mandate and functions
OP2 Decides that the Council will be responsible for promoting
universal respect for the protection of all human rights and fundamental freedoms
for all, without distinction of any kind and in a fair and equal manner, address
situations of violations of human rights, including gross and systemic violations,
and make recommendations thereon, and promote effective coordination and the
mainstreaming of human rights within the United Nations system.
OP3 Decides that the Council will undertake its work guided
by the principles of impartiality, objectivity and non-selectivity, in the spirit
of constructive international dialogue and cooperation, and, inter alia:
1. a) promote international cooperation and dialogue in order to
enhance the capacities of Member States to fulfill their human rights commitments
and obligations and to implement international norms and standards,
2. b) promote the provision of advisory services, technical
assistance and capacity-building, human rights education and learning, to
Member States upon their request,
3. c) serve as a forum for dialogue on thematic issues on
all human rights,
4. d) make recommendations to the General Assembly, within
its mandate, for the further development of international law in the field
of human rights.
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1. e) promote the full implementation of human rights instruments
and follow-up of the goals and commitments related to the promotion and protection
of human rights emanating from all the major United Nations conferences and
summits,
2. f) undertake a universal periodic review of the fulfillment
by each State of its human rights obligations and commitments in a manner
which ensures universality of coverage and equal treatment with respect to
all Member States, in accordance with the following criteria:
1. 1. It shall be a cooperative mechanism based on genuine
dialogue and fully involving the country concerned.
2. 2. It shall measure the performance of each State against
its human rights obligations and commitments, taking into account its previous
record of implementation, capacity-building needs, level of development and
other particularities.
3. 3. It shall be based on inputs submitted by:
4. a. The country being reviewed,
5. b. The High Commissioner for Human Rights,
6. c. Other concerned organizations that the Council may
deem appropriate,
7. 4. It shall take into account an annual global report
to be prepared by the Office of the High Commissioner for Human Rights which
would address human rights issues in all countries through a consolidated
database.
8. 5. It shall include a presentation by the reviewed State
of its human rights situation, followed by an interactive dialogue.
9. 6. It shall contribute to the implementation of the recommendations
of the treaty-bodies and special procedures and not duplicate their work.
f)bis/alt: undertake a global thematic review on existing
or emerging issues with the purpose of identifying trends and promoting cooperation
and capacity building,
1. g) work for the prevention of human rights violations
and respond to gross and systematic human rights violations and emergencies
as they occur, including by dispatching fact-finding missions,
OP4 Decides that the Council shall:
1. a) assume and review, in order to rationalize, streamline,
preserve the strengths and improve the ongoing mandates, functions and responsibilities
of the Commission on Human Rights, including the system of special procedures,
2. b) Alt.1: maintain the Sub-Commission on the Promotion
and Protection of Human Rights,
Alt.2: decide whether to maintain Sub-Commission on the Promotion
and Protection of Human Rights or replace it with a new expert advisory body,
1. c) Alt.1: maintain the 1503 procedure,
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Alt.2: decide whether to maintain the 1503 procedure or set
up a new complaints procedure,
1. d) work in close cooperation in the field of human rights
with governments, regional organizations, national human rights institutions
and civil society, including non-governmental organizations,
2. e) Alt1: make recommendations, with regard to the
promotion and protection of human rights, to Member States and the General
Assembly,
Alt2: make recommendations, with regard to the promotion
and protection of human rights, to Member States and to the United Nations
system, including the General Assembly, the Security Council, the Economic
and Social Council and the Peace-building Commission,
1. f) submit an annual report to the General Assembly,
2. g) review the work of the Office of the High Commissioner
for Human Rights, including its annual work programme, budget, as well as
their implementation.
Size, composition and membership
OP5 Decides that the Human Rights Council shall consist of
[38] [53] members, to be elected directly and individually by the General Assembly
by [a simple majority] [two-thirds] of the members present and voting, due regard
being specially paid to equitable geographic distribution and to their contribution
to the promotion and protection of human rights. Membership will be distributed
among regional groups as follows: African Group [xx] members, Asian Group [xx]
members, Eastern European Group [xx] members, Latin American Group [xx] members
and Western European Group [xx] members.
OP6 Alt.1: Decides that the membership in the Council shall
be open to all Member States of the United Nations.
Alt.2: Decides that the membership in the Council shall be
open to all Member States of the United Nations and that the elections shall
be in accordance with the following rules:
a) Regional groups shall present a higher number of candidates
than seats available to each region (no clean slate);
b) Member States seeking membership shall present letters
of commitment and gain endorsement from political level in a majority of
individual Member States in their own region.
c) No Member States against which measures are in effect
under articles 41 and 42 of the UN Charter have been taken, or which are
subject to UN Security Council investigation, including a Commission of
Inquiry, may serve in the Council.
OP7 Decides that members of the Council will serve for a period
of three years and shall [be eligible for immediate re-election] [not be eligible
for more than two consecutive terms].
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OP8 Decides that members elected to the Council shall abide
by the highest standards for the promotion and protection of human rights, and
fully cooperate with the Council.
OP9 Decides that members of the Council shall be reviewed
under the universal periodic review mechanism established in this resolution
during their term of membership.
Regular and special sessions
OP10 Decides that the Human Rights Council will meet in regular
and special session as follows:
a) in regular sessions
Alt 1: (xx) times a year for a period of (xx) weeks each.
Alt 2: no less than (xx) times a year for a total of not
less than (xx) weeks, the Council shall decide its calendar of meetings.
b) in special sessions when needed at the request of any of
the following:
i.- One or more members of the [United Nations] [Council]
with the support of [one third] [a majority] of the members of the Council,
ii.-The President of the Council with the concurrence of
all the members of the Bureau,
iii.-The Secretary General,
iv.-The High Commissioner for Human Rights.
Rules of procedures
OP11 Alt.1:Decides that the Council shall adopt its own rules
of procedure.
Alt.2:Decides that the Council shall adopt its own rules
of procedure subject to the endorsement by the General Assembly.
Alt.3:Decides that the Council shall apply the rules of
procedure of the General Assembly.
OP12 Decides that the rules of procedures of the Council should
provide for:
1. a) The participation of observers, including participation
of States that are not members of the Council, specialized agencies, non-governmental
organizations and national human rights institutions.
2. b) Alt.1: The participation of non-governmental organizations
and national human rights institutions established in accordance with the
Paris Principles, which are concerned with matters within the competence of
the Council, based on the arrangements and practices observed by the Commission
on Human Rights.
Alt.2: The arrangements made by the Economic and Social Council
for consultations with non-governmental organizations as well as current practices
observed by the Commission on Human Rights.
1. c) The establishment of a monitoring mechanism based on ECOSOC
Resolution 1996/31.
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1. d) Country specific resolutions shall be adopted by an affirmative
vote of two-thirds of the members of the Council present and voting.
Working methods
OP13 Alt.1: Decides that the Council shall decide upon its
own methods of work.
Alt.2: Decides that the Council shall decide upon its own methods
of work, subject to the endorsement by the General Assembly.
OP14 Decides that the methods of work of the Council shall
be transparent, fair and impartial and enable genuine dialogue, be result-oriented
and allow subsequent follow-up to recommendations, placing more focus on implementation
of human rights norms, and build on the arrangements of the Commission on Human
Rights regarding special procedures and mechanism and allow for substantive
interaction with them.
Review
OP15 Decides that the Council shall review its work and functioning
five years after its establishment and report to the General Assembly.
Transitional arrangements
OP16 Recommends the Economic and Social Council to:
1. a) abolish the Commission on Human Rights the day before the
Human Rights Council will hold its first regular session,
2. b) request the Commission on Human Rights to meet for
a final session in order to conclude its work,
3. c) transfer all mandates, functions and responsibilities
of the Commission on Human Rights to the Human Rights Council.
OP17 Decides that the Human Rights Council shall hold its
first regular session on (xx) of 2006.
OP18 Alt. 1: Also decides to elect the new members of the
Council on (xx) of 2006. The terms of membership shall be staggered and such
decision will be done for the first election by the drawing of lots, taking
into consideration geographical regional distribution.
Alt.2: Also decides that the members of the Commission on
Human Rights shall become the first members of the Human Rights Council until
the end of their current term.
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