United Nations Human Rights Council

The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations system responsible for promoting and protecting human rights around the world. It was established on 15 March 2006 by the United Nations General Assembly (UNGA) to replace the former United Nations Commission on Human Rights.

Composition and Membership

The UNHRC consists of 47 member states elected by the UNGA through direct and secret ballot. The seats are distributed geographically as follows:

• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats

Members serve for three-year terms and are not eligible for immediate re-election after serving two consecutive terms. The Council’s membership is based on equitable geographical distribution and rotates among UN member states.

Functions and Responsibilities

The primary functions and responsibilities of the UNHRC include:

• Promoting universal respect for the protection of all human rights and fundamental freedoms
• Addressing situations of human rights violations and making recommendations on them
• Promoting the effective coordination and mainstreaming of human rights within the UN system
• Enhancing the promotion and protection of all human rights, including the right to development
• Providing advisory services, technical assistance, and capacity-building to support human rights initiatives
• Serving as a forum for dialogue on thematic issues related to human rights
• Contributing to the development of international law in the field of human rights
• Working closely with governments, regional organizations, national human rights institutions, and civil society to promote and protect human rights

Universal Periodic Review (UPR)

One of the key mechanisms of the UNHRC is the Universal Periodic Review (UPR), which involves a periodic review of the human rights records of all 193 UN member states. The UPR is a unique process that provides an opportunity for each state to declare the actions they have taken to improve human rights in their country and to fulfill their human rights obligations.

The UPR is conducted by the UPR Working Group, which consists of the 47 members of the UNHRC. Each review is based on information provided by the state under review, reports from independent human rights experts and groups, and other UN entities. The outcome of the review includes recommendations and conclusions, which the state under review is expected to implement.

Special Procedures

The UNHRC also has a system of Special Procedures, which are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. As of 2021, there are 44 thematic and 11 country mandates.

Special Procedures mandate holders are appointed by the UNHRC and serve in their personal capacity. They undertake country visits, conduct thematic studies, convene expert consultations, engage in advocacy, and provide advice for technical cooperation. Their tasks are to examine, monitor, advise, and publicly report on human rights situations in specific countries or territories or on major phenomena of human rights violations worldwide.

Resolutions and Decisions

The UNHRC adopts resolutions and decisions on a wide range of human rights issues. These can include country-specific situations, thematic issues, or the appointment of Special Procedures mandate holders. Resolutions are formal expressions of the opinion or will of the Council and are adopted by a simple majority of the members present and voting.

Some notable resolutions adopted by the UNHRC include:

• Resolution 5/1 (2007): Establishing the institution-building package of the Council, including the UPR, Special Procedures, and the Complaint Procedure
• Resolution 16/18 (2011): Combating intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence, and violence against persons based on religion or belief
• Resolution 27/32 (2014): Establishing the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights
• Resolution 43/1 (2020): Promoting and protecting the human rights and fundamental freedoms of Africans and people of African descent against excessive use of force and other human rights violations by law enforcement officers

Challenges and Criticism

The UNHRC has faced criticism and challenges since its establishment, including:

• Allegations of political bias and selectivity in addressing human rights situations
• The inclusion of member states with poor human rights records
• The disproportionate focus on certain countries, such as Israel
• The limited implementation and follow-up of recommendations and resolutions
• The lack of adequate funding and resources to fulfill its mandate effectively

Despite these challenges, the UNHRC remains the primary international forum for addressing human rights issues and promoting the protection of human rights worldwide.