NGO Law Monitor: United Nations Human Rights Council
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
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Last updated 3 May 2012
Introduction
The United Nations Human Rights Council is the principal UN intergovernmental body responsible for human rights.
Founded on 15 March 2006 by the General Assembly of the United Nations, through Resolution 60/251, the Human Rights Council is a subsidiary organ of the General Assembly of the United Nations and was established to replace the Commission on Human Rights. Made up of 56 member states, the Commission on Human Rights had convened annually since 1946, and like the Human Rights Council, was headquartered in Geneva, Switzerland. The mission of the Commission on Human Rights was “to weave the international legal fabric that protects our fundamental rights and freedoms.” At its sixty-second session in 2006, the Commission adopted a resolution to conclude its work and refer reports on human rights issues to the new Human Rights Council.
The Human Rights Council continues many of the programs of the Commission on Human Rights, including managing working groups on human rights issues and creating Special Rapporteurs for particular human rights questions. The main program of the Human Rights Council is the Universal Periodic Review (UPR). The goal of the UPR is to offer the international community an opportunity to examine how well individual states are complying with international human rights law. The UPR applies human rights standards defined in documents such as the Charter of the United Nations, the Universal Declaration of Human Rights, and other human rights instruments to the regulatory framework of individual countries.
There are 47 member states of the Human Rights Council. The members are elected from among the member states of the General Assembly of the United Nations. Members are elected by secret ballot and the seats on the Council are proportionately distributed among regional groups. There are thirteen seats for African states, eight for Latin American and Caribbean States, thirteen for Asian states, six for Eastern European States, and seven for Western European and other states.
The Human Rights Council Bureau, comprised of a President and three Vice Presidents, is responsible for the procedural and organizational leadership of the Council. The President chairs the Universal Periodic Review, calls informational meetings to discuss resolutions, and performs similar administrative tasks. The Council elects the President and the Vice-Presidents each year from among the representatives of the members of the committee.
The Human Rights Council Advisory Committee exists “to provide expertise to the Council in the manner and form requested by the Council, focusing mainly on studies and research-based advice.” Human Rights Council Resolution 5/1, “Institution-building of the United Nations Human Rights Council” § 75 (18 Jun. 2007). The Committee has 18 members, and like the full Human Rights Council, its members are elected and seats are reserved for particular regions. African states have five seats on the Committee, Asian states have five seats, Eastern European states have two seats, Latin American and Caribbean states have three seats, and Western European and other states have three seats. Each member of the committee serves for three years and can be reelected once. The Advisory Committee's role is exclusively consultative. The Committee is instructed to focus “mainly on studies and research-based advice. Further, such expertise shall be rendered only upon the latter’s request.” Human Rights Council Resolution 5/1, “Institution-building of the United Nations Human Rights Council” § 75 (18 Jun. 2007).
In addition to the Bureau and the Advisory committee, the Council has several working groups studying human rights issues and maintains the Special Rapporteur projects of the Commission on Human Rights. For more about the structure of the Human Rights Council, click here.
Key Facts
| Headquarters | Geneva, Switzerland |
| Members | 47 |
| Established | April 2006 |
| Founding Document | Resolution Adopted by the General Assembly, 60/251, "Human Rights Council" (3 April 2006) |
| Head | President of the Council |
| Governing Bodies | The President and three Vice Presidents comprise the Bureau. |
| Key Human Rights Agreements | Charter of the United Nations Universal Declaration of Human Rights Other UN human rights instruments that are binding on individual member states |
| Key Judicial Bodies | The UNHRC does not have judicial bodies. Through the Universal Periodic Review, the members of the UNHRC examine and report on the human rights practices of other members, but the UPR is not a judicial body. |
Members
| Angola | Hungary | Republic of Korea |
| Argentina | India | Russian Federation |
| Bahrain | Indonesia | Saudi Arabia |
| Bangladesh | Italy | Senegal |
| Belgium | Japan | Slovakia |
| Bolivia | Jordan | Slovenia |
| Bosnia and Herzegovina | Kyrgyzstan | South Africa |
| Brazil | Madagascar | Ukraine |
| Burkina Faso | Mauritius | United Kingdom of Great Britain and Northern Ireland |
| Cameroon | Mexico | United States of America |
| Chile | Netherlands | Uruguay |
| Cuba | Nicaragua | Zambia |
| Djibouti | Nigeria | |
| Egypt | Norway | |
| France | Pakistan | |
| Gabon | Philippines | |
| Ghana | Qatar |
At a Glance
| Freedom of Association | Legal Protection | Charter of the United Nations; Universal Declaration of Human Rights; Resolution on Freedom of Assembly and Association; and other UN human rights instruments that are binding on individual member states |
| Civil Society Participation | Ability to Participate in UNHRC Activities | Economic and Social Council resolution 1996/31 (25 July 1996) |
| Registration Process | "The Participation of NGOs in the Human Rights Council shall be based on the arrangements and practices observed by the Commission of Human Rights, including Economic and Social Council Resolution 1996/31 of 25 July 1996. Participation of NGOs in the regular and special sessions of the HRC, as well as the sessions of its working group on the Universal Periodic Review (UPR), is limited to NGOs enjoying consultative status with ECOSOC." (more) | |
| Registered CSOs | For a database of CSOs with accreditation, click here. |
Key Legal Texts
Below are the founding documents of UNHRC and other important documents relating to the organization. These documents are available at http://www.ohchr.org/EN/HRBodies/UPR/Pages/BackgroundDocuments.aspx
Overview
The Universal Periodic Review
Perhaps one of the most significant innovations of the UN Human Rights Council to international human rights law is the creation of the Universal Periodic Review. According to the Human Rights Council, “The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all 192 UN Member States once every four years. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.” (more)
The General Assembly created the Universal Periodic Review process in the same resolution that replaced the Commission on Human Rights with the Human Rights Council. The resolution explains that the Review is to examine, “based on objective and reliable information, […] the fulfillment by each State of its human rights obligations and commitments.” See the Resolution adopted by the General Assembly, 60/251 § 5(e) (15 Mar. 2006).
The UN Human Rights Council conducts the UPR during the three sessions of the UPR working group each year. During each session, several states are subject to review. In preparation for the review under the UPR, each state produces a report about its own compliance with international human rights standards. (Human Rights Council Resolution 5/1 § 15(a). The Office of the High Commissioner of Human Rights (OHCHR) prepares a separate report, compiling information from treaty bodies, special procedures, and other sources. § 15(b). The OHCHR also compiles a summary of information provided by other relevant stakeholders, such as human rights NGOs. Each state’s review is facilitated by a “troika” of other member states.
The first state to be reviewed, Bahrain, was reviewed by Slovenia, the United Kingdom, and Sri Lanka. Bahrain submitted a report about its compliance with human rights obligations to the UPR. The OHCHR prepared its own separate report and also created a report summarizing information from several human rights groups, including the Asian Center for Human Rights, the Islamic Human Rights Commission, and Amnesty International. Several member states prepared questions for Bahrain and submitted them to Bahrain through the “troika”. Bahrain responded to questions and comments from other states' representatives. The Human Rights Council published a report summarizing the questions, comments and Bahrain's responses. The reports are available here. The Working Group of the UPR completed its seventh session in February of 2010, in which it reviewed sixteen states including Iraq, Italy, and Nicaragua. Most recently, the Working Group of the UPR completed its eighth session in May 2010, in which it reviewed another round of states, including Armenia, Belarus, Grenada, Guinea, Guinea-Bissau, Guyana, Kenya, Kiribati, Kyrgyzstan, Kuwait, Lesotho, Lao People’s Democratic Republic, Spain, Sweden and Turkey. The reports are available here.
Special Procedures of the Human Rights Council
When the Human Rights Council replaced the Commission on Human Rights in 2006, the responsibility for creating Special Procedures passed to the Human Rights Council. A Special Procedure is a mandate for an individual (called a “Special Rapporteur”) or a working group (usually composed of five members) to examine a particular human rights issue. Mandates may either be thematic or country specific. The Working Group on Arbitrary Detention is an example of a thematic mandate, and the Independent Expert on the situation of human rights in Haiti is an example of a country mandate. There are currently 31 thematic mandates and eight country mandates. (more)
Resolution on The Rights of Freedom of Assembly and Association
During the 15th Session of the Human Rights Council in September of 2010, the Human Rights Council passed the Resolution on The Rights of Freedom of Assembly and Association. In addition to affirming the right to peaceful assembly and association, the Resolution calls for the appointment of a Special Rapporteur to monitor and “study trends, developments and challenges in relation to the exercise of these rights, and to make recommendations on ways and means to ensure the promotion and protection of” these rights. More information about the Resolution can be found here. To view the Resolution, click here.
Civil Society Participation in the Human Rights Council
The Human Rights Council invites broad participation by civil society organizations as sources of information on states' compliance with international human rights standards. As discussed above, for each state undergoing the Universal Periodic Review process, the OHCHR compiles a summary of information from stakeholders, including human rights and other civil society organizations, about the country under review.
UN Economic and Social Council (ECOSOC) Consultative Status
The Human Rights Council maintains that “participation of NGOs in the Human Rights Council shall be based on the arrangements and practices observed by the Commission of Human Rights, including Economic and Social Council resolution 1996/31 of 25 July 1996. The participation of NGOs in the regular and special sessions of the Human Rights Council, as well as the sessions of its working group on the Universal Periodic Review (UPR), is limited to NGOs enjoying consultative status with ECOSOC.” (more)
Organizations that hope to gain consultative status with ECOSOC and the Human Rights Council must meet certain requirements. These requirements include:
- The organization's activities must be relevant to the work of ECOSOC;
- The NGO must have been in existence (officially registered) for at least 2 years in order to apply;
- The NGO must have a democratic decision-making mechanism; and
- The major portion of the organization's funds should be derived from contributions from national affiliates, individual members, or other non-governmental components."
Further information regarding the application process may be found here.
If the Committee on NGOs – which is a standing committee of the ECOSOC – accepts an application, it may recommend approval to ECOSOC. If ECOSOC grants final approval, then the NGO gains consultative status. The website of the NGO Branch – which services the Committee on NGOs – lists over 3,000 NGOs with Special, General, or Roster Consultative status. (more)
The Social Forum
The Social Forum is an initiative tied to the Human Rights Council which provides an additional opportunity within the United Nations system to exchange ideas and concerns about human rights in all regions worldwide. The Human Rights Council describes the Social Forum as “a unique space for open and interactive dialogue between the representatives of Member States, civil society, including grass-roots organizations, and intergovernmental organizations on issues relating to the national and international environment needed for the promotion of the enjoyment of all human rights by all.” (more)
The Social Forum has existed since 2002, but it came under the direction of the Human Rights Council in 2007. The 2008 Social Forum focused on poverty and globalization including “the role of civil society in the eradication of poverty at the grass-roots level.” Report of the 2008 Social Forum, Paragraphs 39-41. In attendance were numerous state members of the Human Rights Council and the United Nations, international organizations and United Nations organizations. 24 NGOs participated as well. (more)
Reports
| Recent Human Rights Council Reports | 14th session of the Human Rights Council: Reports (2010) 15th session of the Human Rights Council: Reports (2010) |
News and Upcoming Events
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.
General News
Navi Pillay expresses concern that new restrictions on NGOs are undermining human rights (April 2012)
UN High Commissioner for Human Rights Navi Pillay on Wednesday expressed deep concern about current or recent moves in a number of countries to curtail the freedom of non-governmental organizations (NGOs) and other civil society actors to operate independently and effectively. In particular, she named Venezuela, Algeria, Egypt, Israel, and Ethiopia. (Read more)
Inputs on UNHRC Universal Periodic Review process (March 2012)
The UN Human Rights Council meeting in Geneva, Switzerland from February 27 to March 23, 2012 saw a number of countries come under the spotlight as part of the Universal Periodic Review (UPR) process in which States report on their human rights records. CIVICUS and its partners have made inputs to the UPR processes on Moldova, Syria, Uganda, Venezuela and Zimbabwe. (Read more)
Special Rapporteur on human rights defenders presents report on defenders at particular risk (March 2012)
On 5 March 2012, the Special Rapporteur on human rights defenders, Margaret Sekaggya, presented her fourth annual thematic report to the Human Rights Council. The report focused on human rights defenders at particular risk, including journalists and media workers, defenders working on environmental and land issues, and youth and student defenders. (Read more)
Libya: Human Rights Council monitoring needed (March 2012)
The UN Human Rights Council should condemn serious, ongoing human rights violations by militias in Libya, Human Rights Watch (HRW) said. HRW advocates that the Council appoint an independent expert to document the abuses and monitor the government's responses. The Human Rights Counil is discussing Libya during its current session, with a resolution expected the week of March 18, 2012. (Read more)
Indian law on foreign funds to NGOs worries UN body (March 2012)
In what is perhaps the first international reaction to the Indian government's heightened scrutiny of NGOs receiving foreign funds, the United Nations Special Rapporteur Margaret Sekaggya has in a report presented at the ongoing session of the UN Human Rights Council in Geneva expressed concern about the new regime introduced by Foreign Contribution Regulation Act (FCRA), 2010. The more stringent FCRA, 2010, which replaced the FCRA of 1976, came into force on May 1, 2011. (Read more)
UN Rights Council Condemns Syrian Crackdown (March 2012)
The United Nations Human Rights Council has condemned what it calls "widespread and systematic violations of human rights" by the Syrian government, and reiterated the "urgent" need to address the humanitarian situation in the country. At a session Thursday in Geneva, the council adopted a resolution calling on President Bashar al-Assad's government to immediately halt "all human rights violations" and attacks against civilians. It highlighted the recent deaths of Syrian and foreign journalists, as well as interference in people getting access to medical care. (Read more)
Sri Lanka, Cuba, and Pakistan Call for More Equitable Geographic Representation at UNHRC's 19th Session (February 2012)
Sri Lanka, Cuba, and Pakistan will co-sponsor a resolution seeking greater transparency in funding and staffing the United Nations Human Rights Council (UNHRC) during its 19th session, which starts in the final week of February 2012. The three co-sponsoring countries are backed by several other countries including China, Russia and Algeria. According to diplomatic sources familiar with the UNHRC, 80 percent of the UNHRC's funding requirements are supplied by "powerful" nations such as the United States and its allies. Also, most key positions in the UNHRC are held by those who have served in the foreign services of such countries. Thus, Sri Lanka, Cuba, and Pakistan argue that this leads to concerns about the partiality of the UNHRC when dealing with the developing world. In the UNHRC's previous session, Sri Lanka's Ambassador in Geneva Ms. Tamara Kunanayakam made a statement stressing the need for equitable geographic representation in the staffing, equitable appropriation of funds to the United Nations Human Rights Commissioner and the accountability of such appropriation.
UNHRC Annual Meeting to Put Increased Pressure on Syria and Focus on Iran, Libya, Sri Lanka, Myanmar, and North Korea (February 2012)
The United Nations Human Rights Council's annual session opens on February 27, 2012. the annual meetings will put increased pressure on Syria after the publication of a list of officials suspected of crimes against humanity and look into the latest developments in Iran, Libya, Sri Lanka, Myanmar and North Korea. The debates during the first three days are expected to focus on the one-year crackdown by the
regime of Bashar Assad on dissenters in Syria. Eileen Chamberlain Donahoe, the U.S. ambassador to the UNHRC, says that, "The council wants international pressure on the Assad regime to be stepped up, an end to the violence and better access for humanitarian aid."
UN completes first review of human rights records of all Member States (October 2011)
The Human Rights Council completed its first review of the records of every Member State on Thursday, with Haiti being the last country to be considered in the process, which examined records of each State for the past four years. The process, called the universal periodic review (UPR), gives countries the opportunity to declare what actions they have taken to improve the human rights conditions in their countries and fulfil their obligations, and it is designed to ensure equal treatment for every country when their situations are assessed. (Read more)
Libyan Government forces and opposition committed war crimes – UN panel (June 2011)
A United Nations-ordered panel investigating human rights abuses in Libya says that both Government forces and the opposition have committed war crimes during the weeks of fighting following the uprising against the regime of Colonel Muammar al-Qadhafi.The three-member International Commission of Inquiry, dispatched by the UN Human Rights Council, submitted its findings to the 47-member body in Geneva today. The report comes as concern grows about the worsening humanitarian situation in the North African country, including dwindling food stocks, and as diplomatic efforts to help resolve the crisis continue. (Read more)
15 Countries Join UN Human Rights Council (May 2011)
The U.N. General Assembly has elected 15 countries to join the 47-member U.N. Human Rights Council. The lead-up to Friday’s vote was overshadowed by Syria’s uncontested candidacy which was widely criticized because Damascus has been locked in a bloody two-month crackdown on anti-government protesters. Candidates are chosen to run by their regional groups. The Asian Group has four seats on the council, one allotted for an Arab country. Syria was originally slated to stand for that seat but dropped its bid earlier this month under growing international pressure because of its violent actions against peaceful protesters seeking democratic reform. (Read more)
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (May 2011)
This report explores key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet. Read the Report here.
UN investigates Libya human rights violations (April 2011)
A team of United Nations investigators is seeking answers from Libyan officials about allegations that forces loyal to Muammar Gaddafi have committed human rights violations. The three-member commission of inquiry met Libyan officials and said it would be pressing for access to prisons, hospitals and areas of the country where it suspects rights abuses are taking place. "We have a number of questions dealing with indiscriminate bombing of civilian areas, civilian casualties, torture and the use of mercenaries and other questions," said Cherif Bassiouni, an Egyptian legal expert and member of the commission. (Read more)
UN: Rights Body Should Investigate Syrian Crackdown (April 2011)
he United Nations Human Rights Council should strongly condemn repression of peaceful protests in Syria and mount an investigation into recent violence, Human Rights Watch said. The council is meeting to discuss Syria on April 29, 2011, following a request for a special session by 16 council members, including the United States, South Korea, Mexico, Senegal, and Zambia. (Read more)
Kiai named UN rapporteur on freedom of assembly (March 2011)
Human rights campaigner Maina Kiai is the new United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association. Mr Kiai, who is best known for his work in building an independent Kenya National Commission on Human Rights and for his crusading efforts to stop extra-judicial killings, becomes the second Kenyan and one of few Africans to hold the position of Special Rapporteur in the UN system. (Read more) See also Mr. Kiai's biography here.
Human Rights Council concludes sixteenth session (March 2011)
Adopts 40 Resolutions, Creates Mandate on Iran, Decides to Dispatch Commission to Côte d’Ivoire, and Extends Mandates of Special Procedures on Human Rights Defenders, Violence against Women, the Democratic People’s Republic of Korea, Myanmar and others. (Read more)