|
On February 6th and 7th, Member States resumed negotiations
on the new Co-Chair's Text on the Human Rights Council. While governments may
be reaching some agreement on the contentious issues in bilateral negotiations,
progress was not evident in the plenary discussions, which once again highlighted
persisting divisions. Member states have been pushed to reach agreement this
week in order for the Council to replace the Commission this year.
Overview
Note: this does not cover all positions and all issue areas
Universal Periodic Review: Countries continued
to debate the nature of the universal periodic review. The EU, for example,
sought to expand the review to look not only at fulfillment of a country's human
rights obligations and commitments, but fulfillment of international human rights
standards. CARICOM would like to see more explicit language that will further
clarify scope and criteria and various other countries continue to seek limits
on follow-up.
Prevention: The Council's future role regarding
prevention of human rights violation remains a contentious issue with some pushing
for deletion of such references and others emphasizing the importance of this
role.
Recommendations to UN Bodies: Countries continued
to disagree as to whether the Council should be making recommendations primarily
to the General Assembly or the UN system. The EU has insisted on the latter.
Review of Commission's Mandate and Functions:
In response to new references to reviews and discussion on streamlining, various
countries have emphasized the importance of preserving "the" existing
system of special procedures as opposed to "a" system of special procedures.
Membership/Elections: The provision calling
for two-thirds majority elections appeared to be a potential bottom line for
countries pushing for palpable reforms. The opposing group continued to question
arguments for a smaller Council with stricter guidelines for elections, maintaining
support for 53 members elected by simple majority. Many of the Latin American
countries expressed concern over losing seats to equitable geographic distribution.
Brazil, for example, now favors election by simple majority, but is willing
to consider alternative proposals.
Standards/Criteria: On membership, CANZ highlighted
the importance of active commitments from Council members on meeting obligations
under the human rights instruments. Despite lack of support, the United States
has maintained its focus on including firm standards for membership such as
letters from candidates pledging their willingness to abide by human rights
standards, endorsements from regional groups, and exclusion of countries under
Security Council sanctions for human rights violations or terrorism. Mexico
endorsed the new language in the document, noting that it pushed states to prove
their commitment without being exclusionary.
Sessions/Weeks: While the EU and others maintain
the need for a minimum of 4-6 meetings for no less than 12 weeks per year, others
have suggested two sessions for eight week or a maximum of three sessions for
10 weeks.
NGO Participation: Various countries recognized
that the participation of NGOs is of particular importance for the functioning
of the Human rights Council stressing the need to maintain and strengthen the
current level of NGO participation with direct involvement of NGOs in the daily
work of the Council. CANZ noted that the group would not support weaker language
on NGO participation. Argentina also emphasized that states should not be responsible
for deciding which NGOs can participate. Opposing countries, however, reiterated
their call to streamline NGO participation.
Review: the EU and others questioned the relevance
of a one-year review of the Council's work and functioning, arguing that this
should occur within the Council on an ongoing basis.
Country-Specific Resolutions: the co-chairs
faced opposition on their deletion of language on regulating country-specific
resolutions (formerly OP13).
Source: Reform
the UN
|