Contemporary Global Concerns: Human rights

Role of UN Human Rights council in promotion of Human Rights

The Human Rights Council is an inter-governmental body within the United Nations system
responsible for strengthening the promotion and protection of human rights around the globe
and for addressing situations of human rights violations and make recommendations on them.
It has the ability to discuss all thematic human rights issues and situations that require its
attention throughout the year. The Council investigates allegations of breaches of human rights
in United Nations member states, and addresses 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.

The Council is made up of 47 United Nations Member States which are elected by the UN
General Assembly. The Human Rights Council replaced the former United Nations Commission
on Human Rights. The Council was created by the United Nations General Assembly on 15
March 2006 by resolution 60/251. A year later, the Council adopted its "Institution-building
package" to guide its work and set up its procedures and mechanisms. Among them were the
Universal Periodic Review mechanism which serves to assess the human rights situations in all
United Nations Member States, the Advisory Committee which serves as the Council’s “think
tank” providing it with expertise and advice on thematic human rights issues and the Complaint
Procedure which allows individuals and organizations to bring human rights violations to the
attention of the Council.

In both 2011 and 2016 reviews, it was observed that the human Rights council has had hits and
misses across the ambit of its functioning. Some of the landmark decisions that were taken
which have impacted human rights world wide are:

In 2018, the UNHRC declared that six generals in Myanmar should be prosecuted for the
genocide against the Rohingya Muslims

As of 2018, Israel has been condemned in 78 resolutions by the Council since its creation in
2006—the Council has passed more resolutions condemning Israel than the rest of the world
combined

A report for the UNHRC says the United Arab Emirates and Saudi Arabia may have committed
war crimes during the Saudi Arabian-led intervention in Yemen.

Condemned the November 2020 arrest of three Egyptian human rights advocates of
the Egyptian Initiative for Personal Rights (EIPR).
In June 2015, a 500-page UNHRC report accused Eritrea's government of widespread human
rights violations. These were alleged to include extrajudicial executions, torture, indefinitely
prolonged national service and forced labour, and the report also indicated that sexual
harassment, rape and sexual servitude by state officials are widespread.

Resolution 10/4 about human rights and climate change.

However, UNHRC has been criticized on several counts which have affected its functioning as
well as its role as a legitimate actor in the International stage. It has been accused of being
selective in its resolutions as well as being biased to countries like Israel. Most importantly, the
UNHRC has been criticised for the presence of repressive states among its membership.
Countries with questionable human rights records that have served on the UNHRC include
Pakistan, Cuba, Saudi Arabia, China, Indonesia and Russia.

The United States boycotted the UNHRC during the George W. Bush administration to protest
the repressive states among its members. In March 2009 the Obama administration reversed
that position and decided to "reengage" and seek a seat on the UNHRC. Few years later, under
Trump administration, USA again pulled out of UNHRC by alleging it to be a “cesspool of
political bias.” The then US ambassador to UN, Nikki Haley spoke on behalf of the
administration and announced the US pullout, accusing the council to be a "hypocritical and
self-serving organization." Her comments came after UNHRC allegedly failed to address
massive abuses in Venezuela and Iran and welcoming the Republic of Congo.

The status again changed under Biden administration when it indicated its willingness to join
the council. In a vote at the UN General Assembly, the US was elected along with 17 other
countries for a three-year term beginning on 1 January 2022. However, this time around there
are several challenges in front of US as a member-state of the council.

Firstly, in the absence of USA in the previous years, China has stepped in to fill the leadership
vacuum in the Council and has been regularly flexing its muscles on the various draft resolution
that have been raised for discussion. Although, China is criticized by governments, human rights
groups, and the media for its notorious record of violations against the Uighurs in Xinjiang, or
more recently its crackdown in Hong Kong, Chinese diplomats go into overdrive in blocking any
official resolution condemning such behavior.

Secondly, nothing has changed organizationally from the time US had walked out citing
political bias. The same issues of repressive states among council membership continue.
Thirdly, the US after repeated walk outs in the past decade has to convince the member states
of its belief in the Council. Secretary of State Antony Blinken said that the withdrawal in 2018
"did nothing to encourage meaningful change, but instead created a vacuum of US leadership".
According to the sceptics, US return will polarize the body into pro-US and pro-China blocs.
Despite these troubling realities, the Council on balance does more good than harm to the cause
of human rights in the world. Tools such as the Universal Periodic Review, the independent
special rapporteurs and commissions of inquiry, and convening of special sessions on urgent
crises like in Syria and Myanmar, contribute vital knowledge about violations on the ground and
generate political pressure for accountability and reform. On these grounds alone, the Biden
administration is right to reengage, and even more so now given the dangerous role that China
and its friends are playing to weaken the body.

Notes:

1. US is returning after 3 and half years.

2. Trump criticized it for hypocrisy and obsession with Israel
3. China is flexing the muscles. Its objectives are simple: to destroy the concept of
universality, human rights and assert a vision consistent with its political system.
4. China and its partners like Belarus and Venezuela brought joint statements supporting
Chinese action in Hong Kong, Xinjiang and Tibet.
5. The sole focus of US has been on China, US-China rivalry has sucked the oxygen out of
the council.
6. US should broaden its focus to get support from developing countries.
7. In UNHRC, 47 members elected by UNGA. One third is elected every year. Country can
serve only 2 consecutive terms of three year each.
8. Membership is split proportionally in geographical sense

Question - The recent election of India to UNHRC for 2022-24 is an acknowledgment of India’s
strong roots in democracy, pluralism and fundamental Rights. Comment.

India’s engagement with the United Nations Human Rights Council (UNHRC) has been guided by
the significance of the UN body to frame the international discourse on human rights agenda.
For India, the promotion and protection of human rights is essential to achieving the ultimate
goal of socio-economic advancement of all people. Its interest in serving in the Council is rooted
in its belief that promotion and protection of human rights is best pursued through dialogue,
cooperation and constructive and collaborative engagement that would help in shaping a better
collective future for all.
India has consistently demonstrated in practice its commitment to human rights and
fundamental freedoms. In May 2017, for third time in less than ten years, India’s human rights
record was reviewed under the Universal Periodic Review (UPR) mechanism of the UNHRC. India
also presented its Voluntary National Review (VNR) on the implementation of the seventeen
Sustainable Development Goals (SDGs) under the 2030 Agenda at the High Level Political Forum
(HLPF) of the ECOSOC at the United Nations in July 2017. Both of these voluntary and State-
driven processes elicited wide interest.

India maintains that sustainable lifestyles, and sustainable patterns of consumption and
production, are important to achieving inclusive sustainable development. Major initiatives of
Government of India like Beti Bachao Beti Padhao--Celebrate the Girl Child and Enable her
Education, Swachh Bharat--Clean India, Jan DhanYojana--Bank Accounts for All, Smart Cities,
Make in India, Digital India, Skill India, Startup India, etc., mirror the targets of the Seventeen
SDGs for achieving the 2030 Agenda.

India attaches utmost priority to poverty eradication and achieving inclusive sustainable
development. The government’s motto of “Sabka Saath, Sabka Vikas” that is All Together and
Development for All reflects India’s commitment to achieving inclusive development in the spirit
of ‘leaving no one behind’. In all its policies, India seeks to ensure inclusive development and the
protection of rights of vulnerable groups.

A similar commitment ensured success of climate actions of Parties to the landmark Paris
Agreement of the United Nations Framework Convention on Combating Climate Change
(UNFCCC). India has been an active participant in the deliberations at the UNFCCC, and all
international fora with respect to the efforts to combat Climate Change. India has articulated its
belief in ethical and people-centric approach to Climate Change by espousing “Climate Justice”
and sustainable lifestyle.

The Constitution of India enshrines various provisions for the protection of the rights and
interests of the minorities. Article 16 guarantees that in matters of public employment, no
discrimination shall be made on grounds of race, religion, caste or language, etc., Article 25
guarantees freedom of religion to every individual. Article 30 gives the minorities the right to
establish and administer educational institutions of their choice. India implements various
schemes for inclusion of minorities in education and socio-economic empowerment. The right to
free speech and expression occupies its rightful place in the core of the Constitution. As the
world’s largest multi-layered democracy, India fully recognizes the importance of free speech
and expression.

Against this backdrop, India has been re-elected in the UNHRC for the 6th time for the term
2022-24. It was among the first batch of 47 countries elected to the Council in 2006 soon after it
was set up and received an initial one-year term instead of three to facilitate a rotating roster of
vacancies each year. It was again elected in 2007-2009, 2011-2014, 2014-2017, and 2019-2021
to three-year terms. For the current term, India has pledged commitment to access to
medicines, diagnostics, and therapeutics to mitigate the COVID-19 pandemic and support the
implementation of the 2030 Agenda for sustainable development, commitment to ratify the
convention against torture and other cruel, inhuman, or degrading treatment or punishment".

India won the re-election with 184 votes in the 193-member assembly, while the required
majority was 97. For election for the term 2022-2024, there were five vacant seats in the Asia-
Pacific States category - India, Kazakhstan, Malaysia, Qatar and United Arab Emirates. The 193-
member General Assembly elected by secret ballot- Argentina, Benin, Cameroon, Eritrea,
Finland, Gambia, Honduras, India, Kazakhstan, Lithuania, Luxembourg, Malaysia, Montenegro,
Paraguay, Qatar, Somalia, UAE and the USA for the 2022-2024 term on the Council.

India’s permanent envoy to the UN envoy described “the election as a "robust endorsement" of
the country's strong roots in democracy, pluralism and fundamental rights enshrined in the
Constitution.” He further added that the resounding support for India is due to promotion and
protection of Human Rights through Samman, Samvad and Sahyog (Respect, Constitution and
Co-operation). India’s manifesto for the election emphasised that the promotion and protection
of human rights were best served by “dialogue, cooperation and constructive and collaborative
engagement”.

The burning issues that India will face in the upcoming term would be matters concerning to
Afghanistan, Myanmar, China, Ethiopia, Syria, and Yemen. More broadly, it will have to initiate
and support resolutions to promote respect for fundamental freedoms and women’s rights, and
oppose religious intolerance, racial and ethnic injustices, and violence and discrimination
against members of minority groups, including LGBTQI+ persons and persons with disabilities.

As part of its past record as a member of HRC, India has always stood by its ideals during
deliberations and voting of the resolutions. India’s voting pattern in resolutions has always been
to criticise human rights situation in countries ranging from Iran to Israel which reflects India’s
long-standing policies. In the recently concluded 46th session of HRC (March 2021), India
abstained seven times, voted in favour in six cases and pressed the ‘No’ button only once. On the
matter of Israel, India abstained on one resolution on the human rights situation in Palestine but
voted in favour of three other resolutions condemning Israel on the Golan Heights, its expansion
of Israeli settlements in the Occupied Territories and in support of the right to self-determination
of the Palestinian people. India’s only other negative vote was on a resolution submitted by
China. This is the second consecutive year that China has tabled this resolution and India has
voted against it.
However, India’s participation in the Council has also raised several criticisms. India’s voting at
the Human Rights Council indicates a preference for either abstaining or diluting human rights
concerns when it comes to civil and political rights. With respect to country specific resolutions
India has been either hostile or indifferent, except in the case of Sri Lanka and Palestine. With
respect to socio-economic rights, India has been more proactive especially with respect to
resolutions on access to medicine and human rights and trans-national corporations. Very often
there is a marked divergence between the self-image of India as the world’s largest democracy
and the way India votes in the Human Rights Council.