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Introduction | Children at the Human Rights Council | Subgroup for the Human Rights Council | Information on NGO participation | How individuals can use the UN to submit complaints | Council structure |The transition from the Commission to the Council | Useful contacts





Introduction

In June 2006, the Human Rights Council replaced the Commission on Human Rights as the main UN body in charge of monitoring and protecting fundamental rights and freedoms.

The Human Rights Council (HRC) was created on 15th March 2006 with the almost unanimous adoption of General Assembly Resolution A/Res/60/251. It held its first session on 19-30 June 2006. The Commission on Human Rights was formally abolished on 16 June 2006.

The new Human Rights Council carries high expectations – it was established with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicised Commission on Human Rights.

This page offers information on the new Human Rights Council and background information on the transition from the Commission on Human Rights to the Human Rights Council, as well as on the involvement of child rights NGOs in the work of the Commission.



Children at the Human Rights Council

The exact role of the Human Rights Council in furthering children's rights has not been defined. The rights of the child constituted item 13 on the agenda of the Commission on Human Rights, although they were sometimes discussed  under other agenda items.

An "Omnibus Resolution" on the rights of the child was adopted every year by the Commission, and it is possible this will continue to be the case at the Human Rights Council. This Resolution began as a combination of separate Resolutions. Previously a number of Resolutions on specific issues affecting children were introduced by the country most concerned about the issue.

These included children living and working on the street, sexual exploitation of children and children affected by armed conflict. Concerned about the "proliferation" of Resolutions pertaining to children, in 1994 the Commission decided to bring together all the issues in an Omnibus Resolution. Although there have been attempts to streamline the Resolution, at it has at the same time continued to grow through the inclusion of new issues. This growth has often occurred on an ad hoc basis rather than in response to a clear, coherent structure and purpose.

Past Resolutions have contained strong language, including many of the issues that NGOs have pushed for, such as the appointment of an independent expert to carry out the study on violence against children, the fact that the 'Convention on the Rights of the Child [..] and other relevant human rights instruments must constitute the standard in the promotion and protection of the rights of the child', and a call to 'abolish by law as soon as possible the death penalty for those under 18 at the time of the commission of the offence'.

You can find Omnibus Resolutions on our website.


NGO call for action on child rights at the Council


In April 2006, the NGO Group for the Convention on the Rights of the Child, Subgroup on the Human Rights Council, presented a call for action to all Permanent Representatives at the United Nations in Geneva and called on the Human Rights Council to act on four specific child rights issues: violence against children - sale of children, child prostitution and child pornography - children affected by armed conflict and displacement - children in conflict with the law.

Whilst conscious of the need to mainstream children’s rights into the entire human rights system, those NGOs felt that children have specific needs and concerns that necessitate the adoption of an explicit children’s rights focus by the Council. They also urged the Human Rights Council to ensure proper participation of children’s rights NGOs and other independent human rights institutions in the work of the Council, including consultations during the universal periodical review.



The Universal Periodic Review


The Universal Periodic Review (UPR) is a new mechanism under which the Human Rights Council will examine the human rights situation in every Member State of the UN. Each State will be examined once every four years.

The UPR mechanism was set up largely due to the heavy criticisms against the Commission on Human Rights, which was accused of being selective and impartial.

It is hoped the UPR will become the cornerstone of the newly created Human Rights Council. As such, it represents an excellent opportunity for making children’s rights central to the work of the Council. It is therefore crucial that children’s rights NGOs and advocates rise to the challenge. Read more about the UPR, and what you can do

 

Special Procedures

These are a way for the Human Rights Council (as well as the public) to find out about human rights situations. They are the name given to ‘mechanisms’ created by the Commission on Human Rights (now the Human Rights Council) to address human rights situations in specific countries, or to address specific human rights themes eg, the right to education.

Although the tasks given to Special Procedure mechanisms vary, their role is to examine, monitor, advise, and publicly report on human rights situations in specific countries or territories (called country mandates, eg Independent expert on the situation of human rights in Burundi), or on major themes (called thematic mandates eg Special Rapporteur on trafficking in persons, especially in women and children).

More information here: http://www.crin.org/UN/special_procedures.asp



Subgroup for the Human Rights Council

The Subgroup for the Human Rights Council, of the NGO Group for the Convention on the Rights of the Child, brings together NGOs willing to promote the rights of the child at the United Nations Human Rights Council.

The Subgroup’s aim so far has been to ensure that the Commission on Human Rights addresses the specific rights and situations of children worldwide in its regular work and sessions on human rights. By advocating for the inclusion of its concerns into the Commission's Resolutions, the NGO community has ensured better support and coherence between international politics and local realities affecting the realisation of children's rights.

The Subgroup has been active during the negotiations on the creation of the Human Rights Council and during consultations on the first session of the Council.

It produced a call for action in May 2006, calling on the Human Rights Council to act on four specific child rights issues: violence against children - sale of children, child prostitution and child pornography - children affected by armed conflict and displacement - children in conflict with the law (see above).



Information on NGO participation

Pursuant to Resolution 60/251, the participation of NGOs in the Human Rights Council is based on that observed by the Commission on Human Rights, including Economic and Social Council Resolution 1996/31.

Accreditations

NGOs in consultative status with ECOSOC wishing to accredit representatives can send requests to the Secretariat of the Council. Check information for each session.

NGO written statements

As under the Commission on Human Rights, NGOs in consultative status with ECOSOC will be able to submit written statements relevant to the work of the Human Rights Council (in accordance with paragraphs 36 and 37 of ECOSOC resolution 1996/31). Check information on each session.

NGO parallel events

As with the Commission on Human Rights, NGOs can organise parallel events of relevance to the work of the Human Rights Council.



Council structure

Key changes from the Commission on Human Rights include:

  • membership: the number of members is down from 53 to 47 and members are to be elected by an absolute majority; candidates will be elected on their human rights commitment; members cannot serve more than two consecutive terms
  • accountability: a new provision gives the General Assembly the ability, through a two-thirds majority vote, to suspend the membership of a Council member that commits gross and systematic violations of human rights. In addition, all UN Member States, starting with members of the Council themselves, will have their human rights records regularly examined through the new universal periodic review mechanism.
  • sessions: the Council is to hold three sessions per year (10 weeks), with the ability to hold special sessions upon request of a Council member with support of one-third of the Council
  • status: the Council is a subsidiary body of the General Assembly and thus has a higher institutional standing than the Commission

The Commission on Human Rights held its last meeting in a three-hour session on 27th March 2006, and adopted a Resolution to transfer all its work to the Human Rights Council. Read the NGO Statement to the Last Session of the Commission on Human Rights (269 NGOs including CRIN).

On 9th May, the 47 members of the Human Rights Council were elected. The United States, which voted against the Human Rights Council Resolution, did not submit their candidacy, unhappy with the fact that the new membership modalities still allow human rights abusers to be elected to the Council. See current membership of the Human Rights Council.

A series of open-ended informal consultations followed, with Permanent Missions in Geneva, UN bodies, specialised agencies, intergovernmental and non-governmental organisations to discuss the modalities of the first HRC session. 

Find information on past sessions visit our news page on the Human Rights Council



The transition from the Commission to the Council

The Commission on Human Rights

The United Nations Commission on Human Rights (CHR) was the UN body in charge of elaborating international human rights standards and monitoring their implementation. It was composed of 53 States, and it met each year in regular session in March and April for six weeks in Geneva. Over 3,000 delegates from member and observer States and from non-governmental organisations used to participate.

During those annual sessions, the CHR examined reports from special procedures (what are these?) and adopted over 100 Resolutions, decisions and Chairperson's statements on specific matters. It was assisted in this work by the Sub-Commission on the Promotion and Protection of Human Rights.

The reform of the Commission

The Resolution establishing the Human Rights Council provides the framework for a significant improvement in the work of promoting and protecting human rights worldwide:

- A "universal periodic review" will ensure that all 191 Member States of the United Nations, starting with the members of the Council itself, will have their records examined in order to improve human rights conditions worldwide. All states must be held accountable for their shortcomings

- The Council will hold more meetings throughout the year and for longer total duration than the Commission. It will also have a simplified and more efficient mechanism to convene special sessions to respond promptly to human rights crises.

- As the Council is elected directly by the General Assembly, the new body reflects the high level of importance given to human rights as something belonging to all people and, alongside development and security, one of the three pillars of the United Nations.

- Any Council member who commits gross and systematic violations of human rights can have their rights of membership suspended by a two-thirds majority of the General Assembly.

- The first election of members to the Council on 9 May was the first indication that the new Council was not "business as usual". Countries competed for seats in an open and fair election and, for the first time ever, candidates put forward voluntary pledges and comments to promote and uphold human rights to which they will be held accountable.

Documents relating to the creation of the Human Rights Council

NGO commentaries on the Human Rights Council



Useful contacts

For more information on the Human Rights Council, contact:
The Office of the High Commissioner of Human Rights, OHCHR – UNOG,
8-14 Avenue de la Paix, 1211 Geneva 10, Switzerland.
Tel: +41 22 917 9000; Fax: +41 22 917 9016
Website: http://www.ohchr.org/english/bodies/chr

For more information on NGO participation, contact:
Ms Laura Dolci-Kanaan
OHCHR’s NGO Liaison Officer
Email: ldolci-kanaan@ohchr.org
Tel: +41 22 917 9656

For more information about the Subgroup for the Human Rights Council, contact:
Cecile Trochu, co-Convenor 
OMCT
Email: ct@omct.org
Visit: http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR.asp

or Jennifer Grant, co-Convenor
Save the Children UK
Email: J.Grant@savethechildren.org.uk
Visit: http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR.asp

Any other enquiries:
Child Rights Information Network (CRIN)
c/o Save the Children, 1 St. John's Lane, London EC1M 4AR, UK
Tel: + 44 (0)20 7012 6867; Fax: + 44 (0)20 7012 6963
Email: info@crin.org
Website: http://www.crin.org/HRC