General Assembly creates new Human Rights Council.

On 15 March 2006, the General Assembly decided to establish a new Human Rights Council, responsible for promoting universal respect for the protection of human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner. Adopting resolution 60/251 by a vote of 170 to 4, with 3 abstentions, the Assembly set up the Council to replace the Commission on Human Rights. The election of the first members of the Council was held on 9 May 2006 and their term of office will begin on 19 June 2006.

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The Human Rights Council at a Glance

On the role of the Human Rights Council

The Human Rights Council, as a subsidiary body of the General Assembly, will be directly accountable to the full membership of the United Nations.

The Council will serve as the main United Nations forum for dialogue and cooperation on all thematic human rights issues. Its focus will be to help Member States meet their human rights obligations through dialogue, capacity-building and technical assistance. It will also make recommendations to the General Assembly for further development of international law in the field of human rights.

On the membership of the Council

The Human Rights Council will consist of 47 members, as compared to the 53-member Commission on Human Rights. Council members will serve for a three-year period and will not be eligible for immediate re-election after serving two consecutive terms.

Membership is open to all Member States of the United Nations. They will be elected individually and directly by secret ballot by the absolute majority (96 votes) of the entire membership of the General Assembly. In comparison, election to the Commission on Human Rights, was by the 53 members of the UN Economic and Social Council through a majority of those present and voting.

Seats in the Human Rights Council will be distributed in accordance with equitable geographical representation among the following regional groups: 13 from the African States; 13 from the Asian States; 6 from the Eastern European States; 8 from the Latin American and Caribbean States; and 7 from the Western European and Other States.

On the meetings of the Council

The Human Rights Council will be based in Geneva and will meet regularly throughout the year. It will hold no fewer than three sessions annually, including a main session, for a total duration of no less than ten weeks. It will also be able to hold special sessions, when necessary, at the request of a member and with the support of one third of the Council membership.

On the expectations of Council members

Member States will take into consideration the candidates' contribution to the promotion and protection of human rights. New Council members will commit themselves to fully cooperate with the Human Rights Council and uphold the highest standards in the promotion and protection of human rights. They will also submit voluntary pledges and commitments with regard to the promotion and protection of human rights. These expectations did not exist for the Commission on Human Rights. Members will also undergo the Council's universal periodic review mechanism during their term of membership. The modalities and frequency of this review mechanism will be adopted by the Council within one year of its first session.

On the possibility of suspending the rights and privileges of Council members

The General Assembly, by a two-thirds majority of members present and voting, may suspend the rights and privileges of any member of the Council that commits gross and systematic violations of human rights during its term of membership.

On the Council extending the mandate of the existing human rights special mechanisms, such as independent experts, treaty bodies and special rapporteurs 

The Human Rights Council will carry over all the Commission's mandates and responsibilities to ensure that there is no protection gap in the transition. A review, to be completed within one year from the Council's first session, will examine ways to rationalize and strengthen the special procedures and mechanisms, including the Sub-Commission on the Promotion and Protection of Human Rights. The Council will also assume the role and responsibilities of the Commission relating to the work of the Office of the High Commissioner for Human Rights.

On the participation of non-governmental organizations and other observers in Council proceedings

Observers, including non-governmental and intergovernmental organizations, national human rights institutions and specialized agencies will participate in the Human Rights Council based on the same arrangements and practices that applied to the Commission.

RELATED ARTICLE: Excerpts from a statement by Secretary-General Kofi Annan on 15 March 2006 in Antananarivo, Madagascar:

Today, by this historic resolution, the General Assembly has established the new Human Rights Council that world leaders resolved to create at the summit last September. This gives the United Nations the chance--a much-needed chance--to make a new beginning in its work for human rights around the world. I congratulate General Assembly President Jan Eliasson and thank him for his patience and tenacity in bringing this sensitive matter to a conclusion.

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No country will be wholly satisfied with every paragraph in the resolution, but such is the nature of international negotiations. It preserves important strengths of the Commission on Human Rights, such as the system of special procedures and the participation of non-governmental organizations, while also setting forth important innovations to address the Commission's weaknesses. Taken as a whole, the resolution gives us a solid foundation, on which all who are truly committed to the cause of human rights must now build. I believe they will succeed in building a framework within which Governments from all parts of the world can work together to promote human rights, more effectively than ever before. This is only the first step in a process of change....

Now the real work begins. The true test of the Council's credibility will be the use that Member States make of it. If, in the weeks and months ahead, they act on the commitments they have given in this resolution, I am confident that the Council will breathe new life into all our work for human rights, and thereby help to improve the lives of millions of people throughout the world.