This paper focuses on the work, main functions and accountability of the United Nations Human Rights Council. The author examines historically the failures of the UN Human Rights Council's predecessor, the United Nations Commission on Human Rights by showing the Commission's problematic composition of membership and its reaction to serious human rights violations. The paper illustrates one of the Council's most important functions: The Universal Periodic Review mechanism (UPR). Ultimately, the author comes to the conclusion that the General Assembly of the United Nations made the right decision to replace the UN Commission on Human Rights with the UN Human Rights Council.
This paper is a revised version of the original paper that was delivered to the University of New South Wales Sydney in September 2017. The course lecturer in Human Rights required that the original submission to the Faculty of Law should not exceed 800 words. The original article was graded with "High Distinction" (an outstanding performance). The lecturer commented: "This is a very good discussion of the set topic [and] of the failures of the Commission and its replacement by the Council." Besides the legal history, this paper also analyses the Council's work, functions and accountability.
Table of Contents
I. History
1) Membership
2) Polarisation
3) Reaction to serious human rights violations
II. The scope of the Council’s activities and its main functions
III. Accountability
IV. Example of how one of the Council’s functions works
V. Conclusion
Objectives and Topics
This paper examines the transition from the United Nations Commission on Human Rights to the United Nations Human Rights Council, analyzing how structural reforms and new procedural mechanisms were designed to improve the effectiveness and credibility of international human rights protection.
- Historical evolution and shortcomings of the former Commission on Human Rights.
- Structural differences and advancements in the Council’s membership criteria.
- The Council's diverse functional methods, including emergency sessions and fact-finding missions.
- The implementation and impact of the Universal Periodic Review (UPR) mechanism.
- Accountability and the ongoing role of international monitoring and NGO engagement.
Excerpt from the Book
2) Polarisation
The Commission was a platform for mutual recriminations: The African and Asian nations claimed that the western States applied double standards to human rights in developing countries. Although the Commission should address all sorts of human rights violations, discussions about the human rights situation in certain African and Asian countries were often prevented on a proposal from a member State approved by a majority vote (‘no-action motion’). Consequently, the Commission’s recommendations and resolutions mostly dealt with States that were too weak to form political alliances with other UN delegations. Ultimately, the meetings of the Commission became a platform for political finger pointing.
As a subsidiary body of the UN Economic and Social Council, the Commission’s status was too weak to address human rights violations properly, whereas the Council is the G.A.’s subsidiary organ giving its statements more authority and emphasis within and outside of the UN.
Chapter Summaries
I. History: This chapter outlines the establishment of the Human Rights Council in 2006 as a successor to the Commission, detailing the membership issues and political polarization that necessitated this structural change.
II. The scope of the Council’s activities and its main functions: This section details the Council's role as an intergovernmental body, highlighting its diverse toolkit ranging from standard-setting and education to emergency sessions and fact-finding missions.
III. Accountability: This chapter explores the oversight mechanisms of the Council, including its reporting requirements to the G.A. and the critical role of NGOs in monitoring its performance.
IV. Example of how one of the Council’s functions works: This section provides a focused analysis of the Universal Periodic Review (UPR) as a collaborative peer-review mechanism designed to improve global human rights standards.
V. Conclusion: This chapter summarizes how the reforms, including new electoral processes and the establishment of the UPR, addressed the shortcomings of the predecessor Commission to enhance international protection.
Keywords
United Nations, Human Rights Council, Commission on Human Rights, Universal Periodic Review, UPR, Accountability, Human Rights Violations, International Law, UN General Assembly, Diplomacy, Membership Criteria, Political Polarisation, Fact-Finding Missions, Human Rights Protection, Reform.
Frequently Asked Questions
What is the central focus of this research paper?
The paper focuses on the transition from the former UN Commission on Human Rights to the current UN Human Rights Council, evaluating the necessity and impact of the institutional reforms implemented in 2006.
What are the primary thematic areas covered in the document?
The text covers historical context, membership reform, the transition of status within the UN hierarchy, operational functions, accountability mechanisms, and the implementation of the Universal Periodic Review.
What is the main objective of this study?
The primary goal is to analyze whether the establishment of the Council was a necessary and effective reform to overcome the political gridlock and institutional weaknesses inherent in its predecessor.
Which methodology is utilized in this paper?
The paper employs a descriptive and analytical approach, drawing on official UN resolutions, reports from high-level panels, academic literature, and NGO assessments to compare the functioning of both institutions.
What is addressed in the main body of the work?
The main body discusses the historical polarization of the Commission, the structural advantages of the Council as a subsidiary organ of the General Assembly, and the practical application of tools like fact-finding missions and the UPR.
Which keywords best characterize the work?
Key terms include United Nations, Human Rights Council, Reform, Universal Periodic Review, Accountability, and International Human Rights Protection.
How did the electoral process differ between the Commission and the Council?
Unlike the Commission, which allowed for re-election at any time and utilized a simple majority, the Council requires a two-thirds majority of the General Assembly, limits members to two consecutive terms, and demands that representatives uphold high human rights standards.
What is the role of the Universal Periodic Review (UPR) in the current Council's framework?
The UPR serves as a peer-review system that subjects every UN member state to an examination of its human rights record every four years, ensuring that no state is exempt from scrutiny and fostering a more cooperative approach to human rights improvements.
- Arbeit zitieren
- Oskar Luong (Autor:in), 2017, The United Nations Human Rights Council as the Successor to the United Nations Commission on Human Rights, München, GRIN Verlag, https://www.hausarbeiten.de/document/412438
