No More Delay for the Establishment of UN Human Rights Council

Press Release of Pax Romana

Pax Romana would like to welcome the Draft Resolution on Human Rights Council released in New York (February 23rd, 2006), by The President of 60th Session UN General Assembly, H.E. Mr. Jan Eliasson. This draft resolution is the result of intensive negotiations among the UN member states to define the modality of the Human Rights Council, which will replace the discredited Commission on Human Rights. The General Assembly will discuss this draft resolution for its adoption.

While acknowledging the certain achievements of the Draft Resolution, Pax Romana regrets a rather weak and loose language on the draft resolution, which reflects the deep political interest of its members. The Human Rights Council is not going to be the principle organ of the United Nations; instead it is a subsidiary body to the General Assembly (OP1). It also fails to mention strong criteria for the membership, such as the ratification of all human rights treaties. Instead, the criterion of membership is “…candidate’s contribution to the promotion and protection of human rights and their voluntary pledges and commitment made thereto” (OP8). The members are not elected based on 2/3 of the vote in General Assembly as expected, but by simple majority by the members of the General Assembly (OP7). Although in principle the member states agree to retain the special procedures, expert advice and complain procedures (OP 6), this will still be subject to review in the first year of the council and where necessary rationalize it, together with other mandates and function of the outgoing Commission.

Compared to the proposal of the UN Secretary General Kofi Annan on his report “In Larger Freedom”, this draft resolution reflects clearly the result of a wide compromise among the member states. While encouraging the member states to adopt the draft, Kofi Annan in his press release also expressed his feeling about the gap between what he proposed with the present text^[1] . In the same line with Kofi Annan, Pax Romana would like to underline positive achievements of this draft resolution on the following issues:

• Universal Periodic Review (OP9): This will give the Council the capacity to make a review of the human records of each country beginning with the members of the Council. It means that every country will be subject to an international scrutiny on their human records and they can not use the membership to UN HR body as an alibi to avoid critics.
• Suspension of the membership: the General Assembly with the support of 2/3 of the members present and voting, may suspend a member of the Council if the commit gross and systematic human rights violation.
• Three annual sessions: the Council will be able meet in a longer period than the Commission. The fact that the Council will meet no fewer than three sessions a year with a total no less than 10 weeks will give the opportunity for it to response promptly human rights crisis. The Council also has the possibility to hold a special session with the support of 1/3 of its members (OP10).
• NGOs’ involvement: The Council has the commitment to involve NGOs and other observers, based on the existing arrangement, especially ECOSOC resolution 1996/31 as well as the practiced observed by the Commission (OP11). However, the special attention should be given to the phrase “while ensuring the most effective contribution of these entities” which might lead to the limitation of the role of NGOs in the future.
• Geographical distribution balance: with the agreed membership of 47, now the council has more geographical balance than the Commission (see the table).

It is clear from the proposal, that the Commission on Human Rights will resume its work this year, and it will be abolished from 16 June 2006. The Council will elect its first members on 9 May 2006 and to start with the first meeting on 19 June 2006.

The General Assembly is yet also to decide the transition period from the Commission into Council. The Commission is scheduled to have its last session from March 13 – April 21. However, this will depend on the result of the discussion on the General Assembly.

Despite some weaknesses of the present Draft Resolution and given with the urgency to address some human rights crisis, Pax Romana would strongly recommend the member states to adopt this Draft Resolution to General Assembly Resolution without further delay. To open up another debate and negotiation will only open up a Pandora box. The UN High Commissioner on Human Rights, Louise Harbor, mentioned that the failure threaten to set back the human right causes immeasurably ^[2]. The human rights community would like to see every government’s commitment and seriousness on the protection and promotion of human rights, from which this human right council will be an opportunity.

For further information or comments, please contact Budi Tjahjono, Pax Romana UN Representative in Geneva at budi@paxromana.int.ch

Comparison Table between Human Rights Council and Commission on Human Rights

[1] Despite the fact that the draft does not reflect everything that I called for when I proposed a new Council, nearly a year ago, there are important elements in it that ensure that the Council will be more than a cosmetic change. For instance, the text makes it clear that members of the new Council, elected individually by the General Assembly, must be committed to the promotion and protection of human rights. It also makes it clear that the rights and privileges of members can be suspended if they themselves commit gross and systematic violations of human rights. This has not been the case with the Commission.

[2] http://www.ohchr.org/english/press/hrc/hrc-hc-english.pdf