Human Rights Council ROUNDUP
19 June 2007
The Human Rights Council concluded its fifth session at
midnight on 18 June after adopting a Presidential text on the institution
building of the Council.
In remarks to
journalists at the end of the meeting, Ambassador Luis Alfonso de Alba of
Mexico, the President of the Council, said Member States of the Council
had lived up to the challenges that they were facing and they went to a
final agreement on the institution building which was going to be a
decision with historical dimensions, because it was the beginning of a new
era for the United Nations and a new culture in dealing with human rights.
The Presidential text entitled "UN Human
Rights Council: Institution-Building" lays out the basic structure for the
Council's new institutional machinery, including the Universal Periodic
Review Mechanism, the Special Procedures, the Human Rights Council
Advisory Committee (which replaces the Sub-Commission for the Promotion
and Protection of Human Rights), and the Complaint Procedure (which
replaces the confidential 1503 Procedure). It also sets out an agenda and
framework for a programme of work, and lays down the Rules of Procedure
for the Council. Ambassador de Alba told the Council there was also
agreement on the other texts that would be taken up, and he proposed that
the text be accepted as a compromise, on the understanding that it also
included the Code of Conduct.
Statements
on the Presidential text were made by speakers at the first meeting of an
organizational session for the second cycle of the Council which opened
this afternoon and elected the new Bureau for the second year of the
Council (see press release HRC/07/47 of 19 June). The statements continued
to be heard on Wednesday, 20 June, after which the Council adopted three
resolutions on Lebanon, the occupied Palestinian territory and Darfur,
before adopting its report for the fifth session.
At the beginning of the session, which opened on 11 June, the
Council heard the Special Procedures of the Council present their reports
on the independence of judges and lawyers; racism, racial discrimination,
xenophobia and related intolerance; the right to food; the adverse effects
of the illicit movement and dumping of toxic and dangerous products and
wastes on the enjoyment of human rights; adequate housing as a component
of the right to an adequate standard of living; and human rights and
extreme poverty.
The Council also heard
reports on the situation of human rights in Belarus, Cuba, Cambodia,
Haiti, Somalia, and discussed follow-up to the urgent high-level
fact-finding missions to the occupied Palestinian territories, including
Beit Hanoun, and the updated report by the High Commissioner for Human
Rights on follow-up to the report of the Commission of Inquiry on Lebanon.
The report of the expert group on the situation of human rights in Darfur
was also discussed, and reports on the right to truth and human rights and
arbitrary deprivation of nationality were debated.
In the resolution on the report of the United Nations High
Commissioner for Human Rights on the follow-up to the report of the
Commission of Inquiry on Lebanon, the Council took note with satisfaction
of the factual report of the United Nations High Commissioner for Human
Rights and requested the High Commissioner to extend support to the
Government of Lebanon's activities and programmes in particular those
consistent with her report.
In the
resolution on the human rights situation in the occupied Palestinian
territory and follow-up to Human Rights Council resolutions S-1/1 and
S-3/1, the Council called for the implementation of its resolutions S-1/1 and S-3/1,
including the dispatching of the urgent fact-finding missions; and
requested the
President of the Human Rights Council and the United Nations High
Commissioner for Human Rights to report to the Council at its next session
on their efforts for the implementation of Council resolutions S-1/1 and
S-3/1 and on the compliance of Israel, the occupying power, with these two
resolutions.
In the resolution on follow-up to the resolution
A/HRC/4/8 of 30 March 2007 adopted by the Human Rights Council at its
fourth session entitled "Follow-up to the decision of 13 December 2006
adopted by the Human Rights Council at its fourth special session entitled
"Situation of human rights in Darfur (S-4/101)", the Council welcomed the
report of the United Nations Experts Group on Darfur; and requested the
Experts Group to continue its work for six months and to submit an update
to the session of the Council in September 2007 and a final report to the
following session of the Council.
The next
regular session of the Council will be held from 10 to 28 September
2007.
Institution-Building of the Council
The Presidential text entitled "UN Human Rights Council:
Institution-Building" lays out the basic structure for the Council's new
institutional machinery, including the Universal Periodic Review
Mechanism, the Special Procedures, the Human Rights Council Advisory
Committee, and the Complaint Procedure. It also sets out an agenda and
framework for a programme of work, and lays down the Rules of Procedure
for the Council.
It says the Universal
Periodic Review Mechanism, among other things, shall complement and not
duplicate other human rights mechanisms. Among its objectives are to
improve the human rights situation on the ground, and enhancement of the
State's capacity and technical assistance. The order of review should
reflect the principles of universality and equal treatment, with the
initial members of the Council reviewed first. The periodicity of first
review cycle will be of four years. The duration of the review will be
three hours in the Working Group. The State concerned, Member States, and
observer States will be given the opportunity to express their views on
the outcome of the review before the plenary takes action on it. In
considering the outcome of a Universal Periodic Review, the Council will
decide if and when any specific follow-up will be
necessary.
Regarding the Special
Procedures, in appointing mandate-holders due consideration should be
given to gender balance and equitable geographic representation, as well
as to an appropriate representation of different legal systems. Technical
and objective requirements for eligible candidates for mandate-holders
will be approved by the Council at its sixth session. A mandate-holder's
tenure in a given function, whether thematic or country mandates, will be
no more than six years. A Consultative Group will be established to
propose to the President a list of candidates for consideration. The
appointment of the special procedures will require the approval of the
Council. Thematic mandates periods will be of three years. Country
mandates periods will be of one year. Decisions to create, review or
discontinue country mandates should also take into account the principles
of cooperation and genuine dialogue aimed at strengthening the capacity of
Member States to comply with their human rights obligations.
The Human Rights Council Advisory
Committee, composed of 18 experts, will function as a think-tank to the
Council and work at its direction. All Member States can propose or
endorse candidates from their own region. Technical and objective
requirements for the submission of candidatures will be established and
approved by the Council at its sixth session, and should include:
recognized competence and experience in the field of human rights; high
moral standing; and independence and impartiality. The Council shall elect
the members of the Advisory Committee, in secret ballot, from the list of
candidates whose names have been presented in accordance with the agreed
requirements. Due consideration should be given to gender balance and to
an appropriate representation of different civilizations and legal
systems. The members of the Advisory Committee shall serve for a period of
three years and shall be eligible for re-election once. The Council will
decide at its sixth session on the most appropriate mechanisms to continue
the work of the Working Groups on Indigenous Populations; Contemporary
Forms of Slavery; Minorities; and the Social Forum.
A Complaint Procedure is being established to address
consistent patterns of gross and reliably attested violations of all human
rights and all fundamental freedoms occurring in any part of the world and
under any circumstances. Economic and Social Council resolution 1503
(XLVIII) of 27 May 1970, as revised in 2000, served as a working basis and
was improved where necessary, so as to ensure that the complaint procedure
be impartial, objective, efficient, victims-oriented and conducted in a
timely manner. The procedure will retain its confidential nature with a
view to enhancing cooperation with the State concerned. Two distinct
working groups shall be established with the mandate to examine the
communications and to bring to the attention of the Human Rights Council
consistent patterns of gross and reliably attested violations of human
rights and fundamental freedoms. Both Working Groups shall meet at least
twice a year for five working days each period. The Council shall consider
consistent patterns of gross and reliably attested violations of human
rights and fundamental freedoms brought to its attention by the Situations
Group as frequently as needed, but at least once a year. The period of
time between the transmission of the complaint to the State concerned and
the consideration by the Human Rights Council shall not, in principle,
exceed 24 months.
The Agenda of the
Council, among other things, contains standing items on human rights
situations that require the Council's attention; the Universal Periodic
Review; the human rights situation in Palestine and other occupied Arab
territories; and racism, racial discrimination, xenophobia and related
forms of intolerance, follow-up and implementation of the Durban
Declaration and Programme of Action. The Framework for the Programme of
Work basically incorporates the topics from the
Agenda.
The methods of work, based on
resolution 60/251 of the General Assembly, should be transparent,
impartial, equitable, fair, pragmatic; lead to clarity, predictability,
and inclusiveness. They can also be updated and adjusted through time.
Methods of work covers institutional arrangements for such things as
briefings on prospective resolutions or decisions; President's open-ended
information meetings; informal consultations on proposals convened by main
sponsors; the role of the Bureau; and the High-Level Segment of the
Council (to be held once a year during the main session of the Council).
It also sets out the working culture of the Council, including that those
proposing a country resolution have the responsibility to secure the
broadest possible support for their initiatives (preferably 15 members),
before action is taken. It also expresses the need to minimize unnecessary
duplication of initiatives with the General Assembly.
According to the Rules of Procedure of the Council, the Council
shall meet regularly throughout the year and schedule no fewer than three
sessions per Council-year, including a main session, for a total duration
of no less than 10 weeks. The Council shall 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. Annex I to the Agenda and
Programme of Work contains a list of renewed mandates, until they can be
considered by the Council according to its Annual Programme of Work.
Notably, the Special Procedures for situations in Cuba and Belarus are not
included on the list.
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