School of legal studies department of law

COURSE TITLE: HUMAN RIGHTS

COURSE CODE: IL-C-701
ASSIGNMENT ON: HUMAN RIGHTS COUNCIL: AN ANALYSIS

SUBMITTED BY:
NAME: MOHD FAIZ AHMED
ENROLL NO: 2007CUKMR16
SEMESETER: 7th
COURSE: BALLB (5YEARS)
EMAIL ID: FAIZGTA1@GMAIL.COM

SUBMITTED WITH REGARDS,

TO,
DR. FALAK NAAZ
DEPARTMENT OF LAW SCHOOL OF LEGAL STUDIES, CENTRAL UNIVERSITY OF
KASHMIR.
 Table of Contents

INTRODUCTION OF HUMAN RIGHTS ......................................................................................................................

WHAT IS HUMAN RIGHTS COUNCIL ..................................................................................................................

FROM THE COMMISSION ON HUMAN RIGHTS TO HUMAN RIGHTS COUNCIL .....................................

FUNCTION OF HUMAN RIGHTS COUNCIL .........................................................................................................

SESSION ........................................................................................................................................................................

MEMBERSHIP OF HUMAN RIGHTS COUNCIL ..................................................................................................

UNIVERSAL PERIODIC REVIEW (UPR)................................................................................................................

HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE .....................................................................................

HUMAN RIGHTS COUNCIL COMPLAINT PROCEDURE ..................................................................................

OTHER SUBSIDIARY BODIES .................................................................................................................................

CONCLUSION ..............................................................................................................................................................

BIBLIOGRAPHY ..........................................................................................................................................................
INTRODUCTION: HUMAN RIGHTS

Human: A member of the Homo sapiens species; a man, woman or child; a person.

Rights: Things to which you are entitled or allowed; freedoms that are guaranteed.

Human Rights are based on the principle of respect for the individual. Their fundamental assumption
is that each person is a moral and rational being who deserves to be treated with dignity. That is why
it is rightly said, “Human Dignity is the quintessence of human right”. They are called human rights
because they are universal. Whereas nations or specialized groups enjoy specific rights that apply
only to them, human rights are the rights to which everyone is entitled—no matter who they are or
where they live, but simply because they are alive.

Human Rights may be regarded as those fundamental and inalienable rights which are essential for
life as a human being. They are those rights which are possessed by every human being, irrespective
of his or her nationality, race, religion, sex etc. which are based on mankind. They are sometimes
called fundamental rights, basic rights or (natural rights).

As rightly stated, “As fundamental rights or basic rights they are the rights which cannot, be taken by
any legislature or any act of the government and which are often set out in a Constitution.”

In words of D.D. Basu, “Human Rights are those minimum rights which every individual must have
against the state or other public authority by virtue of his being a member of human family,
irrespective of any other consideration”.

So, Further the question arises as to what constitutes International Human Rights Law. International
law designed to promote and protect human rights at the international, regional and domestic levels
comprises International Human Rights Law. As a form of International Law, International Human
Rights law is primarily made up of treaties, agreements between states intended to have binding legal
effect between the parties that have agreed to them, and customary international law, rules of law
derived from the consistent conduct of states acting out of the belief that the law required them to act
that way.

International Human Rights Law lays down obligations which the state party are bound to respect by
becoming parties to International Treaties, states assume obligations and duties under international
law to respect, to protect and to fulfil human rights. These obligation means and includes:

1) The obligation to Respect means that the states must refrain from interfering with or curtailing
the enjoyment of human rights.
 2) The obligation to Protect requires that the state to protect individuals and groups against
Human Rights abusers.
3) The obligation to Fulfil means that the state must take positive actions to facilitate the
enjoyment of basic Human Rights.

WHAT IS HUMAN RIGHTS COUNCIL

The Human Rights Council is the principal United Nations intergovernmental body responsible for
human rights that works closely with the Office of the High Commissioner for Human Rights. The
United Nations General Assembly established the Human Rights Council (HRC) on March 15, 2006.
The Geneva-based council meets at least three times a year for 10-week sessions, and can call special
sessions as well. Along with assessing other humanrights concerns around the globe, members are
supposed to commit to upholding high human-rights standards at home. The UN mission states that
the council fosters "dialogue and cooperation" on human-rights concerns. Its role includes
strengthening the promotion and protection of human rights around the globe, and making
recommendations to address violations of human rights, including gross and systematic violations. In
strengthening the promotion and protection of human rights around the globe and for addressing
situations of human rights violations it makes recommendations.

It was also decided by the General Assemble that the methods of work of the council shall be
transparent, fair and impartial and enable genuine dialogue, be result oriented, allow subsequent
follow-up discussions to recommendation and their implementation and also allow for substantive
interaction with special procedures and mechanism.

FROM THE COMMISSION ON HUMAN RIGHTS (1946–2006) TO THE HUMAN RIGHTS

COUNCIL (2006-)

The Commission on Human Rights was created in 1947 with the goal of drafting the Universal
Declaration on Human Rights. After achieving this, it focused on setting standards for international
human rights though had no authority to consider violations of human rights until 1967. The
Commission on Human Rights initially played a minimal role in handling complaints of Human
Rights violation. From 1967 onwards, however it was authorised to consider information relevant to
gross violations and make a thorough study of report on situations revealing a consistent pattern of
human rights violations i.e. ECOSOC Resolution 1235. It also began to carry out regular operational
fact-finding activities, and in, 1970, ECOSOC devised an improved procedure for handling
communications (complaints) from individuals and non-governmental organizations relating to
violations of Human Rights (the 1503 Procedure: ECOSOC Resolution 1503. Although promising in
outline and inception, the procedure proved generally ineffective.

The United Nations Human Rights Commission has been at the centre of UN Reform debates. The
US and others did all they could to discredit the Commission. It was criticized for being bureaucratic,
excessively political and ineffectual. The Commission came under most fire for allowing membership
of states with bad human rights records, such as Zimbabwe, Sudan and Saudi Arabia, who used the
organization as a shield against scrutiny and condemnation.

The United Nations Millennium+5 Summit approved in principle the proposal to create a Human
Right Council to replace Commission on Human Rights; and in Resolution 60/251, adopted on 15th
March 2006, the General Assembly, ‘recognizing the work undertaken by the commission and need
to preserve and build on its achievement’, decided to set up the Council as a subsidiary organ under
Article 22 of the Charter. A week later, The Economic and Social Council voted to dissolve the
Commission (ECOSOC, res 2006/2, 22nd March, 2006), and the Human Rights Council held its first
session in Geneva from 9th June to 30th June, 2006.

FUNCTIONS OF THE COUNCIL

In terms of Resolution 60/251, the functions of the council are to:

1. Promote Human Rights education, and learning as well as advisory services, technical
assistance and capacity-building, to be provided in consultation with and with the consent of
Member States concerned.
2. Serve as a forum for dialogue on thematic issues on all human rights;
3. Make recommendations to the General Assembly for the further development of International
Law in the field of Human Rights.
4. Promote to full implementation of human rights obligations undertaken by States and follow-
up to the goals and commitments related to the promotion and protection of human rights
emanating from United Nations conferences and Summits.
5. Undertake a Universal Periodic Review, based on objective and reliable information, of the
fulfilment by each State of its human rights obligations and commitments in a manner which
ensures universality of coverage and equal treatment with respect to all states; the review shall
be a cooperative mechanism, based on an interactive dialogue, with the full involvement of
the country concerned and with consideration given to its capacity-building needs; such a
mechanism shall complement and not duplicate the work of treaty bodies, the council shall
 develop modalities and necessary time allocation of the universal periodic review mechanism
within one year after holding of its first session;
6. Contribute, through dialogue and cooperation, towards the prevention of human rights
violations and respond promptly to human rights emergencies.
7. Assume the role and responsibilities of the Commission on Human Rights relating to the work
of the Office of United Nations High Commissioner for Human Rights, as decided by the
General Assembly in its resolution 48/141 of 20 December 1993.
8. Work in close cooperation in the field of human rights with Government, regional
organizations, national human rights institutions and civil society.
9. Make recommendations with regard to the promotion and protection of human rights.
10. Submit an annual report to the General Assembly.

SESSIONS

The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least
ten weeks. They take place in March (four weeks), June (three weeks) and September (three weeks).

If one third of the Member States requests so, the Human Rights Council can decide at any time to
hold a special session to address human rights violations and emergencies.

Till date, 24 Regular sessions and 19 Special sessions, are held. The recent 24th regular session of the
Human Rights Council was organised with a panel over the issues related to:

1. Syria attacks.
2. Human rights of children where parents are sentenced to death or are executed.
3. Gender Integration.
4. Indigenous peoples.

The 19th Special session of the Human Rights Council discussed the issues "deteriorating human
rights situation in the Syrian Arab Republic and the killings in El-Houleh"

MEMBERSHIP OF HUMAN RIGHTS COUNCIL

The Council is made of 47 Member States, which are elected by the majority of members of the
General Assembly of the United Nations through direct and secret ballot. The General Assembly takes
into account the candidate States’ contribution to the promotion and protection of human rights, as
well as their voluntary pledges and commitments in this regard. T
he Council’s Membership is based on equitable geographical distribution. Seats are distributed as
follows:

1. African States: 13 seats

2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats

The recent 2013 Group includes:

• African States: Angola, Libyan Arab Jamahiriya, Mauritania and Uganda.

• Asian States: Malaysia, Maldives, Qatar and Thailand.
• Eastern European States: Poland and Republic of Moldova.
• Latin American & Caribbean States: Ecuador, Guatemala and Peru.
• Western European & Other States: Spain and Switzerland

Members of the Council serve for a period of three years and are not eligible for immediate re-election
after serving two consecutive terms. The Bureau of the Council consists of five people - one President
and four Vice-presidents – representing the five regional groups. They serve for a year, in accordance
with the Council’s annual cycle.

A member of the council may be removed should it be found to have "persistently committed gross
and systematic violations of human rights," but a two-thirds majority vote of the General Assembly
is required. No nation has been subjected to removal since the council's establishment in 2006. Non-
member nations may also participate in council proceedings as observers.

UNIVERSAL PERIODIC REVIEW

“The Universal Periodic Review has great potential to promote and protect human rights in the
darkest corners of the world.”

The Universal Periodic Review (UPR) is a unique process which involves a review of the human
rights records of all UN Member States. 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 fulfil 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.
The UPR was created through the UN General Assembly on 15 March 2006 by resolution 60/251,
which established the Human Rights Council itself. It is a cooperative process which, by October
2011, has reviewed the human rights records of all 193 UN Member States. Currently, no other
universal mechanism of this kind exists. The UPR is one of the key elements of the Council which
reminds States of their responsibility to fully respect and implement all human rights and fundamental
freedoms. The ultimate aim of this mechanism is to improve the human rights situation in all countries
and address human rights violations wherever they occur.

According to the Human Rights Council’s “institution-building package”, the Universal Periodic
Review Working Group will hold three two-week sessions per year. During each session 16 countries
will be reviewed, therefore 48 countries per year. On 21 September 2007, the Human Rights Council
adopted a calendar detailing the order in which the 192 UN Member States will be considered during
the first four-year cycle. Each review is facilitated by groups of three States, or “troikas”, who act as
rapporteurs.

The reviews are conducted by the UPR Working Group which consists of the 47 members of the
Council, however any UN Member State can take part in the discussion/dialogue with the reviewed
States. Each State review is assisted by groups of three States, known as “troikas”, who serve as
rapporteurs. The selection of the troikas for each State is done through a drawing of lots following
elections for the Council membership in the General Assembly. The documents on which the reviews
are based are:

1. Information provided by the State under review, which can take the form of a “national
report”.
2. Information contained in the reports of independent human rights experts and groups, known
as the Special Procedures, human rights treaty bodies, and other UN entities.
3. Information from other stakeholders including national human rights institutions and non-
governmental organizations.

Reviews take place through an interactive discussion between the State under review and other UN
Member States. This takes place during a meeting of the UPR Working Group. During this discussion
any UN Member State can pose questions, comments and/or make recommendations to the States
under review. The troikas may group issues or questions to be shared with the State under review to
ensure that the interactive dialogue takes place in a smooth and orderly manner. The duration of the
review was three hours for each country in the Working Group during the first cycle. From the second
cycle onwards the time has been extended to three hours and thirty minutes.
HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE

Pursuant to Council resolution 5/1 paragraphs 65 to 84, the Human Rights Council Advisory
Committee has been established to function as a ‘think-tank’ for the Council and work at its direction.
The Committee held its first meeting in August 2008. It meets twice a year, for one week in February
immediately before the March session of the Council and for one week in August. In order to produce
its studies, the Committee usually forms drafting groups consisting of 4-5 members. The drafting
group members work closely with each other through face-to-face meetings and internet
communication. Studies are then presented to the plenary of the Committee for successive rounds of
discussion and revision. Drafting groups normally present a preliminary report and a progress report
before submitting a final study to the Council. The achievements of the committee includes: human
rights education and training, missing persons, leprosy related discrimination, right to food,
integration of gender perspective etc.

Mandate & Functions:

The Advisory Committee provides expertise to the Council in the manner and form requested by it.
It mainly focuses on studies and research-based advice.

• The Committee may also propose within the scope of the work set out by the Council, for the
latter‘s consideration and approval, suggestions for further research proposals.
• In its work, the Committee should be implementation-oriented and the scope of its advice
should be limited to thematic issues pertaining to the mandate of the Council, namely
promotion and protection of all human rights.

HUMAN RIGHTS COUNCIL COMPLAINT PROCEDURE

On 18 June 2007, the Human Rights Council adopted resolution 5/1 entitled “Institution-Building of
the United Nations Human Rights Council” by which a new complaint procedure was established to
address consistent patterns of gross and reliably attested violations of all human rights and all
fundamental freedoms occurring in any part of the world and under any circumstances. Two working
groups make up the Complaint procedure: the Working Group on Communications (WGC) and the
Working Group on Situations (WGS). The WGC consists of five independent and highly qualified
experts, and is geographically representative of the five regions represented by the Human Rights
Council. The Advisory Committee designates the WGC's experts from among its members. The
experts serve for three years with the possibility of one renewal. The experts determine whether a
complaint deserves investigation. If a complaint deserves investigation, the WGC passes the
complaint to the WGS. The WGS comprises five members appointed by the regional groups from
among the States member of the Council for the period of one year (mandate renewable once).

The complaint procedure addresses communications submitted by individuals, groups, or non-

governmental organizations that claim to be victims of human rights violations or that have direct,
reliable knowledge of such violations.

Like the former 1503 procedure, it is confidential, with a view to enhance cooperation with the State
concerned. The new complaint procedure has been improved, where necessary, to ensure that the
procedure be impartial, objective, efficient, victims-oriented and conducted in a timely manner.

OTHER SUBSIDIARY BODIES

In addition to the UPR, the Complaints Procedure and the Advisory Committee, the HRC's other
subsidiary bodies includes:

• Expert Mechanism on the Rights of Indigenous Peoples, which replaced the CHR's Working
Group on Indigenous Populations
• 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
• 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.

SPECIAL PROCEDURES OF HUMAN RIGHTS COUNCIL

The special procedures of the Human Rights Council are independent human rights experts with
mandates to report and advice on human rights from a thematic or country-specific perspective. The
system of Special Procedures is a central element of the United Nations human rights machinery and
covers all human rights: civil, cultural, economic, political, and social. As of 1 October, 2013 there
are 37 thematic and 14 country mandates.

With the support of the Office of the United Nations High Commissioner for Human Rights
(OHCHR), special procedures undertake country visits; act on individual cases and concerns of a
broader, structural nature by sending communications to States and others in which they bring alleged
violations or abuses to their attention; conduct thematic studies and convene expert consultations,
contribute to the development of international human rights standards, engage in advocacy, raise
public awareness, and provide advice for technical cooperation. Special procedures report annually
to the Human Rights Council; the majority of the mandates also reports to the General Assembly.
Their tasks are defined in the resolutions creating or extending their mandates.

Special procedures are either an individual (called "Special Rapporteur" or "Independent Expert") or
a working group composed of five members, one from each of the five United Nations regional
groupings: Africa, Asia, Latin America and the Caribbean, Eastern Europe and the Western group.
The Special Rapporteurs, Independent Experts and members of the Working Groups are appointed
by the Human Rights Council and serve in their personal capacities. They undertake to uphold
independence, efficiency, competence and integrity through probity, impartiality, honesty and good
faith. They are not United Nations staff members and do not receive financial remuneration. The
independent status of the mandate holders is crucial in order to be able to fulfil their functions in all
impartiality. A mandate-holder’s tenure in a given function, whether it is a thematic or country
mandate, is limited to a maximum of six years.

CONCLUSION

The UN Human Rights Council attained successes over the years by continuing to improve its
response to human rights violations around the world. As rightly suggested, “The Human Rights
Council has finally begun to live up to its mandate by taking quick action on human rights crises in
places like Syria and Côte d‘Ivoire, now the key challenge is keeping the Council moving forward,
and not backsliding” The Commission of Human Rights and establishing the UN Human Rights
Council as an intergovernmental body within the United Nations, the main objectives and principles
set from the UNHRC itself were to make an improvement in the field of human rights violation and
to prevent the mistakes that the previous body made.

But the main problems included allowing countries with poor human right records to be members,
and the fact that the UNCHR enabled members to cooperatively vote bloc important human rights
resolutions, in order to protect the respect of their countries on international level, thereby hiding the
fact that HR violations exist, and preventing the body from offering support.

Sadly, the expansions of this body- the Advisory Committee and Complaints Procedure methods,
although supposed to make improvements in the quality of the body, made no significant difference
in the final decision-making process and the development of new resolutions, since the problems of
the previous body are still existing.
The outcome of the five-year review has been criticized by some human rights groups and
Government for not sufficiently addressing what many saw as the Council’s lack of effectiveness in
addressing human rights issues. The Human Rights Council acted promptly and helpfully on several
crises this past year. The Council has come a long way, but it still needs to address many parts of the
world where violations are being ignored. According to some critics following are some of the reasons
for why United Nations Human Rights Council should be abolished?

1. Politicized decision-making process.

2. Disproportional and ineffective protection of human rights.
3. UNHRC kept the weaknesses of the Commission.
4. The UNHRC is a "leading sponsor of impunity for gross abuses worldwide"

But the rebuttal to these points, that why United Nations Human Rights Council should not be
abolished are also stated by some other critics, saying-

1. The Council has a unique place in the UN and global Human Rights efforts.
2. It provides an essential contribution to the global protection of human rights
3. Encouraging dissemination of human rights ideals
4. The political system of the UNHRC promotes Human Rights.
BIBLIOGRAPHY

• Indian Authors
1. Kapoor, Dr. S.K., ―International Law and Human Rights‖, Central Law Agency, New
Delhi. 10th edn. 2011.
2. Aggarwal, Dr. H.O., ―International Law and Human Rights‖, Central Law Publications,
New Delhi. 12th edn. 2013.
• Foreign Authors
1. Brownlie, Ian, ―Brownlie’s Documents on Human Rights‖, Oxford University Press, 7
th edn. 2012.
2. Smith, Rhona K.M., ―Textbook on International Human Rights‖, Oxford University
Press, 11th edn. 2011.
• Internet References
1. www.ohchr.org
2. www.humanrights.com
3. www.thefreedictionary.com
4. www.wikipedia.org
5. www.worldnews.about.com
6. www.globslpolicy.org
7. www.middleeast.about.com
8. www.debatewise.org
9. www.equalityhumanrights.com
10. www.upr-info.org11.www.hrw.org