23.02.06
DRAFT RESOLUTION BY THE PRESIDENT OF THE GENERAL ASSEMBLY
Human Rights Council
The General Assembly,
PPl Reaffirming the purposes and principles contained in the Charter of the United
Nations, including developing friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples, 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 Civil and Political
Rights and the International Covenant on Economic, Social and Cultural 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 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,
PP7 Affirming the need for all States to continue international efforts to enhance
dialogue and broaden understanding among civilizations, cultures and religions and
emphasizing that States, regional organizations, non-governmental organizations,
religious bodies and the media have an important role to play in promoting tolerance,
respect for and freedom of religion and belief,
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 nonselectivity in the consideration of human rights issues, and the elimination of double
standards and politicization,
PPlO Recognizing further that the promotion and protection of human rights should be
based on the principles of cooperation and genuine dialogue and aimed at strengthening
the capacity of Member States to comply with their human rights obligations for the
benefit of all human beings,
PP11 Acknowledging that non-governmental organizations play an important role, at the
national, regional and international level, in the promotion and protection of human rights,
PP12 Reaffirming the commitment to strengthen the United Nations human rights
machinery with the aim of ensuring effective enjoyment by all of all human rights - civil,
political, economic, social and cultural rights, including the right to development - and to
this end, the resolve to create a Human Rights Council.
OP1 Decides to establish a Human Rights Council, based in Geneva, in replacement of
the Commission on Human Rights, as a subsidiary organ of the General Assembly. The
General Assembly shall review the status within five years.
0P2 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.
0P3 Decides that the Council should address situations of violations of human rights,
including gross and systematic violations, and make recommendations thereon. It should
also promote effective coordination and the mainstreaming of human rights within the
United Nations system.
0P4 Decides also that the work of the Council shall be guided by the principles of
universality, impartiality, objectivity and non-selectivity, constructive international
dialogue and cooperation with a view to enhance the promotion and protection of all
human rights - civil, political, economic, social and cultural rights, including the right to
development.
0P5 Decides further that the Council will, inter
alia:
a) promote human rights education and learning as well as advisory services, technical
assistance and capacity-building, to be provided in consultation and with the consent of
the Members States concerned,
b) serve as a forum for dialogue on thematic issues on all human rights,
c) make recommendations to the General Assembly for the further development of
international law in the field of human rights,
d) promote the full implementation of human rights obligations undertaken by States
and the follow-up of the goals and commitments related to the promotion and protection
of human rights emanating from United Nations conferences and summits,
e) undertake a universal periodic review based on objective and reliable information 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. The review shall be a cooperative mechanism based on an interactive
dialogue with the full involvement of the country concerned and with consideration given
to its capacity-building needs. Such a mechanism shall complement and not duplicate the
work of treaty-bodies. The Council shall develop the modalities and necessary time
allocation of the universal periodic review mechanism within one year after the holding
of its first session.
f) contribute, through dialogue and cooperation, towards the prevention of human rights
violations and respond promptly to human rights emergencies,
g) assume the role and responsibilities of the Commission on Human Rights relating to
the work of the Office of the High Commissioner for Human Rights, as decided by the
General Assembly in its resolution 4811 4 1,
h) work in close cooperation in the field of human rights with governments, regional
organizations, national human rights institutions and civil society,
i) make recommendations with regard to the promotion and protection of human rights,
j) submit an annual report to the General Assembly,
0P6 Decides that the Council will assume, review, and where necessary improve and
rationalize, all mandates, mechanisms, functions and responsibilities of the Commission
on Human Rights, in order to maintain a system of special procedures, expert advise and
complaint procedure. The Council shall complete this review within one year after the
holding of its first session.
0P7 Decides that the Human Rights Council shall consist of 47 Member States which
shall be elected directly and individually by secret ballots by the majority of the members
of the General Assembly. The membership shall be based on equitable geographic
distribution and seats shall be distributed as follows among regional groups: Ahcan
Group 13; Asian Group 13; Eastern European Group 6; GRULAC 8; WEOG 7. The
members of the Council will serve for a period of three years and shall not be eligible for
immediate re-election after two consecutive terms.
OP8 Decides that the membership in the Council shall be open to all Member States of
the United Nations. When electing members of the Council, Member States shall take
into account the candidates' contribution to the promotion and protection of human rights
and their voluntary pledges and commitments made thereto. The General Assembly, by a
two-thirds majority of the members present and voting, may suspend the rights of
membership in the Council of a member of the Human Rights Council that commits gross
and systematic violations of human rights.
0P9 Members elected to the Council shall uphold the highest standards in the
promotion and protection of human rights, fully cooperate with the Council, and be
reviewed under the universal periodic review mechanism during their term of
membership.
OPlO The Council shall meet regularly throughout the year and schedule not fewer than
three sessions per year, including a main session, for a total duration of no less than ten
weeks, and shall be able to hold special sessions when needed at the request of a Member
of the Council with the support of one-third of the membership of the Council.
OPl1 Decides that the Council shall apply the rules of procedure established for
committees of the General Assembly, as applicable, unless subsequently otherwise
decided by the General Assembly or the Council and also decides that the participation of
and consultation with observers, including States that are not members of the Council,
specialized agencies, other intergovernmental organizations, national human rights
institutions as well as non governmental organizations, shall be based on arrangements,
including ECOSOC resolution 1996/31, and practices observed by the Commission,
while ensuring the most effective contribution of these entities.
OP12 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 discussions to recommendations and their implementation, and allow for substantive
interaction with special procedures and mechanisms.
OP13 Recommends the Economic and Social Council to request the Commission on
Human Rights to conclude its work at its 62nd session and to abolish the Commission on
16 June 2006.
OP14 Decides to elect the new members of the Council. The terms of membership shall
be staggered and such decision will be taken for the first election by the drawing of lots,
taking into consideration geographical regional distribution.
OP15 Decides that the elections of the first members of
the Council shall take place on 9
May 2006 and that the first meeting of the Council shall be convened on 19 June 2006.
OP16 Decides that the Council shall review its work and functioning five years after it’s
establishment and report to the General Assembly.
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