Resolution Creating New Human Rights Council Adopted in the General Assembly

New York, 15 March 2006 -- In a historic vote, the General Assembly adopted the draft resolution A/60/L.48 creating a new Human Rights Council today with 170 yes votes, 4 no votes (Israel, US, Palau, Marshall Islands) and 3 abstentions (Belarus, Iran, Venezuela). While the GA President, Jan Eliasson had hoped to take a decision by consensus, he was forced to call a vote at the request of the United States.

Newly Created Human Rights Council

The 53 member Commission on Human Rights will now be replaced by a 47 member Human Rights Council, which will be a subsidiary body of the General Assembly rather than of the Economic and Social Council. Members will be elected by absolute majority, requiring 96 votes, according to a new regional allocation based on equitable geographic distribution. After serving two consecutive terms, members will no longer be immediately re-eligible to serve another term, thus prohibiting de facto permanent membership. In addition to taking into account candidates' contribution to the promotion and protection of human rights and voluntary pledges/commitments, the GA will also have 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.

In contrast to the Commissions single six-week session, the Council will meet for a minimum of three sessions throughout the year for no less than 10 weeks with the ability to hold additional sessions. The Council is expected to convene its first session on June 19th following the elections of members, which are to take place on May 9th.

As an important step forward, the Council will undertake a new universal periodic review to assess all states' fulfillment of human rights obligations/commitments and elected members of the Council will be subject to this review during their term. Furthermore, the Council will maintain key strengths of the Commission such as its system of special procedures and mechanisms for NGO participation.

Overview of 72nd GA Plenary

Noting a decisive moment for human rights, multilateralism and the United Nations, the President of the General Assembly highlighted the strengths of his draft resolution, which he felt represented a fresh start for human rights, and opened the resolution to a vote. Prior to the vote, Cuba and Venezuela were each given the floor to provide an "explanation of vote before the vote." Cuba expressed disapproval of US negotiating tactics, including exertion of pressure, blackmail, and the US hegemonic agenda. Despite voicing various concerns, Cuba noted that they would not vote against the text. Venezuela, also objecting to the US approach, said it would not vote against the resolution to avoid falling in the same camp as the US, but would abstain.

Following the vote, member states were given the opportunity to express their views and provide an explanation of their votes. The US Ambassador, reiterated the US objection to the resolution based on its failure to secure membership by a two-thirds majority vote as well as exclusionary criteria to prevent countries on Chapter 7 Security Council sanctions lists from serving on the Council. In noting that the US could not join consensus on the resolution, Ambassador Bolton nonetheless expressed that the US would " work cooperatively with other Member States to make the Council as strong and effective as it can be." The US therefore plans to support the Council and be involved in its work.

Other countries that spoke during the morning session, including Mexico, Austria on behalf of the EU, Switzerland, Norway, Chile, Singapore, Vietnam and South Africa on behalf of the African Union, described the text as a balanced compromise and expressed strong support despite having made concessions. Yemen, which spoke on behalf of the Organization of Islamic Conference noted that its members decided not to block the resolution despite disapproval with the draft's failure to include unambiguous language against incitement and hatred in both the preambular and operative paragraphs. Addressing US concerns, the Austrian Ambassador, on behalf of the EU noted that EU members would not vote for those countries on sanctions lists under Chapter 7 of the UN Charter. The session extended into the afternoon.

Documents

Click here to download the draft resolution (A/60/L.48) establishing the Human Rights Council.

Click here to download the GA President's Statement at the opening of the 72nd Plenary.

Click here to download the US Explanation of Vote by Ambassador John Bolton.

Click here to download the UN DPI Summaries of Member State Statements at the 72nd Plenary on the Human Rights Council.

Source: Reform the UN