Creation of the UN Human Rights Council

16/03/2006
Press release

Towards the strengthening of the UN human rights protection mechanisms: States have now to implement their commitments

FIDH welcomes the adoption by the United Nations General Assembly of the resolution creating the Human Rights Council and calls upon Member States of the UN to implement their commitments in the shortest delays.

" The adoption of the resolution is a commitment to reinforce the UN human rights mechanisms ", said Sidiki Kaba, President of the FIDH, " nevertheless, the success of the reform initiated by the UN Secretary General will depend primarily on the political will of States to show their commitment to fulfill the mandate that they have built and be submitted to the review by the mechanisms that they are developing. The first test will take place on the occasion of the first election".

FIDH calls upon the international community, as early as on the occasion of the first election of members to the Council, to realize the commitments contained in operative paragraphs 8 and 9 of the resolution. For this purpose, FIDH invites States that are candidates to the future Council to declare their candidature no less than 30 days before the election, and to announce publicly measurable commitments in favor of a stronger protection of human rights in their country and within the Council.

Such declaration of principles should include, inter alia:

 the level of ratification, by a candidate country, of the principal Human rights instruments and of their additional protocols, as well as the steps taken towards the ratification of the instruments which remain to be ratified, and towards the lifting of reservations that are contrary to the objectives and principles of these conventions,
 the commitment to cooperate fully with the procedures and mechanisms of the Council, including through the extension of a standing invitation to the Special procedures, on the basis of their own terms of reference, to reply to all letters of allegation received from them, and to implement the recommendations that they will have addressed to them,
 the commitment to abide by the peer review procedure and, while operating on the Council within the peer review procedure, to act in line with UN human rights mechanisms’ recommendations,
 the commitment, while serving on the Council, to ensure that the Council provides an adequate response to Human rights crises, when they occur, based on recommendations for action from UN human rights mechanisms, as well as not to oppose any procedural obstacle to the due examination of these situations, to further ensure that the Council provides a sustainable investment of the international community in situations where human rights crises persist,
 the commitment, while serving on the Council, to promote the development of human rights norms where required and relevant, notably when recommended by the UN Sub-Commission on Human rights.

Background:

In a press release published on February 24 2006 , FIDH presented in details the potential improvements contained in the resolution : Added to the mechanisms developed by the Commission on human rights, the text provides for potential safeguards against current practices of corruption of the UN Commission on Human Rights’ protection mandate, and impotency on reacting to human rights crises. It establishes a smaller body, with a specific election procedure that could prevent gross human rights violators from sitting in it. Meetings will take place throughout the year, with a procedure for special sessions which could reduce the Commission’s impotency. The text also foresees the establishment of a universal monitoring mechanism, the « peer review », and requires States sitting in the Council to cooperate fully with the body.

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