United Nations Human Rights Council

The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations System, and is one of the most prominent institutions of the United Nations. The UNHRC is the successor to the United Nations Commission on Human Rights (UNCHR, herein CHR), and is a subsidiary body of the United Nations General Assembly. The council works closely with the Office of the High Commissioner for Human Rights (OHCHR) and engages the United Nations' Special procedures. It was established by the United Nations General Assembly on March 15, 2006 to replace the previous United Nations Commission on Human Rights. The UNCHR was heavily criticised for allowing countries with poor human rights records to be members. Issues addressed THE UNHRC has addressed conflicts around the world. It also addresses important thematic human rights issues such as freedom of association and assembly, freedom of expression, freedom of belief and religion, Women's rights, LGBT rights, and the rights of racial and ethnic minorities.

Membership UN General Assembly elects the members to occupy 47 seats. The seats are distributed among UNs Regional Groups as follows: Africa 13 seats Asia 13 seats Eastern Europe 6 seats Latin America and the Caribbean 8 seats Western European and Others Group 7 seats Sessions Regular Session: 3 times in a year Special session: as decided by the UNHRC to address human rights violations and emergencies

UNHRCs Subsidiary Bodies These are the bodies that report directly to the Human Rights Commission. Universal Periodic Review working group Complaints and Procedure working groups Advisory Committee Expert Mechanism on the Rights of Indigenous Peoples Forum on Minority Issues Social Forum

1. Universal Periodic Review working group conducts periodic review of all the 193 UN Member states whether the member countries conforms with the United Nations policies on Human Rights. 2. Complaint and Procedure working groups The Complaint Procedure was established to address the consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world under any circumstances. The 2 working groups under Complaint and Procedure are: A. The Working Group of Communications consists of 5 independent and highly qualified experts geographically representing 5 regions of Human Rights Council. They determine whether a complaint deserves investigation. If a complaint deserves investigation, the WGC passes the complaint to the WGS. B. Working Group of Situations consists of 5 members appointed by the regional groups from among the States member of the Council for the period of one year (mandate renewable once). It meets twice a year for a period of five working days in order to examine the communications transferred to it by the Working Group on Communications, including the replies of States thereon, as well as the situations which the Council is already seized of under the complaint procedure. The Working Group on Situations, on the basis of the information and recommendations provided by the Working Group on Communications, presents the Council with a report on

consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms and makes recommendations to the Council on the course of action to take. It is necessary for the complainant to fill up a complaint form to send communication to the Office of the United Nations High Commissioner for Human Rights. For communications to be accepted and reviewed, it must comply with the following criteria:

A communication related to a violation of human rights and fundamental freedoms is admissible, provided that:

It is not manifestly politically motivated and its object is consistent with the Charter of the United Nations, the Universal Declaration of Human Rights and other applicable instruments in the field of human rights law; It gives a factual description of the alleged violations, including the rights which are alleged to be violated; Its language is not abusive. However, such a communication may be considered if it meets the other criteria for admissibility after deletion of the abusive language; It is submitted by a person or a group of persons claiming to be the victims of violations of human rights and fundamental freedoms, or by any person or group of persons, including non-governmental organizations, acting in good faith in accordance with the principles of human rights, not resorting to politically motivated stands contrary to the provisions of the Charter of the United Nations and claiming to have direct and reliable knowledge of the violations concerned. Nonetheless, reliably attested communications shall not be inadmissible solely because the knowledge of the individual authors is second-hand, provided that they are accompanied by clear evidence; It is not exclusively based on reports disseminated by mass media; It does not refer to a case that appears to reveal a consistent pattern of gross and reliably attested violations of human rights already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights; Domestic remedies have been exhausted, unless it appears that such remedies would be ineffective or unreasonably prolonged.

3. Sub-Commission on the Promotion and Protection of Human Rights composed of 26 elected human rights experts whose mandate was to conduct studies on discrimination practices and to make recommendation to ensure that racial, national, religious, and

linguistic minorities are protected by law. Under it is the Advisory Committee which is composed of 18 members. It has the task of providing advice to the UNHRC.

4. Expert Mechanism on the Rights of Indigenous Peoples 5. Forum on Minority Issues - established to provide a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities 6. Social Forum - established as a space for dialogue between the representatives of Member States, civil society, including grass-roots organizations, and intergovernmental organizations on issues linked with the national and international environment needed for the promotion of the enjoyment of all human rights by all

Philippine Commission on Human Rights

I. Constitutional Provisions that brought about the Creation of the Commission Art. II, Sec. 11

The State values the dignity of every human person and guarantees full respect for human rights. Art. XIII, Sec. 1 The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic and political inequalities, and remove cultural inequalities by equitably diffusing wealth and political power for the common good.

Art. XIII, Secs 17-19: Creation of Commission on Human Rights. This provision was made effective by E.O. No. 163, May 5, 1987

Powers and Functions As specified under Art. XIII Sec. 18 and E.O. No. 163, s.1987: Power to investigate motu proprio or on complaint all forms of violations of civil and political rights Contempt powers Recommendatory Powers Power to investigate Visitorial powers Research program Request assistance Recommend to Congress effective measures to promote human rights

Roles I.

In Relation to Government External advisor and "prescriber" of human rights protection standards

Independent monitor, evaluator and position advocate on human rights in relation to proposed and existing national/ local laws and legislations, and government policies, programs, actions and performance.

II.

In Relation to Civil Society Mobilizer, coordinator and/or contributor of resources for research and implementation programs on human rights. Synchronizer of HR programs to include those of the civil society thereby enhancing complementation, sharing and mutual reinforcement. Collaborator/Partner in HR program design and implementation. Adviser and Provider of human rights standards. Trainer of trainers for sustained promotion and advocacy program. Moulder and Educator of the general public particularly the vulnerable groups on human rights norms, standards and practices. III. In Relation to Human Rights Victims Mobilizer of civil society, protection services providers and provision of protection standards and guidelines. Provider of technical assistance to civil society service providers in improving their capacity to render protection services such as legal, investigation and financial assistance. Provider of financial assistance (when able) to civil society groups in their transactional protection activities. Provider of public information on human rights services and service provider to improve access particularly by vulnerable groups as well as monitor of non-discriminatory access of vulnerable groups to basic services. Provider of direct assistance to victims of human rights violation.

Programs and Services Legal aid and counselling services Monitoring of cases/complaints with concerned agencies Conducts rights based public inquiry on issues and concerns of marginalized and disadvantage sectors Studies to establish certain human rights conditions/situations affecting human development for the adoption of policies, programs and measures for the promotion of human rights