The UNHRC a Year After

Is the U.N. Human Rights Council Living Up to its Name?

© Armando Ricardo J. Aguado

The enforcement of human rights has long been an issue for the U.N. After much fanfare about the new UNHRC, the question remains: is it getting its job done?

In 2006, then U.N. Secretary-General Kofi Annan dissolved the U.N. Commission on Human Rights (UNHCR), after coming under heavy pressure for alleged shortcomings. One of the main problems of the Commission was the composition of its membership: several of the member countries themselves had dubious human rights records, thus undermining their credibility. Although first established in 1946, its 60 years of existence (the Commission would be later abolished in place of a new human rights body) did little to improve its effectivity or set new rules in screening member countries on its body. One of the significantly unfortunate events in its recent history happened in May 2004, when U.S. Ambassador Sichan Siv walked out after the uncontested election of Sudan as a member. The election was called an “absurdity” in the light of the blatant violation of human rights taking place in the Darfur region. It would then not be long before the General Assembly voted unanimously to create a new watchdog on human rights, thus forming the U.N. Human Rights Council (UNHRC).

Just last week, the Council celebrated its one year of existence in Geneva, but under criticism for its actions thus far. Among other actions the Council has pursued, it was voted that human rights monitors from Cuba and Belarus would be withdrawn, and new rules were enacted that only make it more difficult to investigate human rights violations. The focus on Israeli “violations” in Palestinian territories has also been made a top priority, though others have questioned the spotlight on Israel alone. Furthermore, a new Code of Conduct for human rights investigators has also been adopted, though instead of giving them broader powers to address the changing human rights landscape, their mandate has been further restricted. One could say that investigators working for the Commission would be on a very tight leash: apparently, failure to exercise restraint, moderation and discretion of their actions would represent grounds for dismissal. The issue of membership too, remains a problem. Even after the creation of a new human rights body, the General Assembly has again failed to specify membership criterion, of which one should be the strict adherence to human rights. The result of this is that some countries which have doubtful human rights records are still members of the Commission.

Nevertheless, the U.N. Human Rights Council remains relatively young, and there is certainly much hope left that the Council will continue to evolve with the passing times in order to best address the human rights concerns of today. With a bit of luck, the lessons learned from the UNHCR will not be lost on the Council today.


The copyright of the article The UNHRC a Year After in The United Nations is owned by Armando Ricardo J. Aguado. Permission to republish The UNHRC a Year After must be granted by the author in writing.




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