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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 paralyzed negotiations,
stressing the need for mutual respect and understanding. Recognizing 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.
Click
here to download the President's Draft Resolution on the Human Rights Council.
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
* The President's text reflects a greater emphasis on co-operation
and dialogue (PP1, PP10, OP4, OP5a, OP5e, OP5f, OP12)
* 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 emphasizes the important role that various actors play in promoting tolerance,
respect, and freedom of religion.
* 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.
* 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.
* 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
* 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"
* Recommendations to UN Bodies: No specific mention of particular
UN bodies or the UN system is included.
* Review of Commission’s Mandate and Functions: The
provision to assume, review and rationalize the mandates, mechanisms, functions
and responsibilities of the Commission on Human Rights remains in the text.
* 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.
* NGO Participation: Participation of/consultation with NGOs
is to be based on ECOSOC resolution 1996/31 and practices observed by the Commission.
* 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.
* 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:
* Council would be a subsidiary body of the GA and thus have
higher institutional standing;
* Council would have new focus on dialogue and cooperation;
* Council would meet regularly throughout the year and have
mechanisms to convene additional sessions if necessary;
* The Universal Periodic Review allows for assessment of states’
fulfillment of human rights obligations/commitments while addressing the problem
of selectivity;
* Distribution of seats would be according to equitable geographic
distribution;
* Elimination of de facto permanent membership
* The Council would have legitimate expectations of its members
with ability to suspend members engaged in gross and systematic human rights
violations;
Click
here to download the GA President’s Statement on the Human Rights Council
Text.
Source:
ReformtheUN.org |
