UNHRC

By: Sanskar Pathak

Central University of Kerala, Capital Centre, Thiruvananthapuram

1. Introduction
- Brief overview of the United Nations (UN).
- Purpose and formation of the United Nations Human Rights Commission (UNHRC).
- Importance of human rights in international relations.

2. Historical Background
- Formation of the UNHRC.
- Evolution from UNHRC to the United Nations Human Rights Council (UNHRCouncil) in 2006.
- Key milestones in the history of the Commission.

3. Structure and Functioning

- Composition and membership.
- Mechanisms and procedures: Universal Periodic Review, Special Procedures, and
Complaints Procedure.
- Role of the Office of the High Commissioner for Human Rights (OHCHR).

4. Key Functions and Mandate

- Promotion and protection of human rights.
- Investigative missions and special rapporteurs.
- Adoption of resolutions and their impact.

5. Impact and Criticisms

- Notable achievements and contributions to global human rights.
- Case studies: South Africa's apartheid, Rwanda Genocide, and Syria.
- Criticisms: politicization, membership controversies, and effectiveness.

6. Current Challenges and Future Prospects

- Contemporary challenges: state sovereignty, non-state actors, and global power dynamics.
- Future reforms and the path forward for the UNHRCouncil.

7. Conclusion
- Summary of key points.
- Reflection on the importance of the UNHRCouncil in the current global landscape.
- Final thoughts on strengthening the UNHRCouncil.
Introduction

The United Nations (UN) stands as the world's most prominent international organization, born
from the ashes of World War II, with a mission to maintain global peace, security, and
cooperation. One of its principal objectives, as enshrined in the UN Charter, is to promote and
protect human rights across the globe. The United Nations Human Rights Commission
(UNHRC) was established in 1946 as the main UN body responsible for overseeing this crucial
mandate. Over the years, the Commission has evolved into the United Nations Human Rights
Council (UNHRCouncil), which now functions as the leading institution within the UN system for
the promotion and protection of human rights. This paper explores the historical background,
structure, functioning, achievements, criticisms, and future prospects of the UNHRCouncil,
offering a comprehensive understanding of its role in international human rights governance.

Historical Background
The establishment of the United Nations Human Rights Commission in 1946 marked a
significant moment in the history of international relations. The Commission was created by the
Economic and Social Council (ECOSOC), pursuant to the UN Charter's mandate to promote
human rights and fundamental freedoms for all. The initial purpose of the UNHRC was to draft
the Universal Declaration of Human Rights (UDHR), which was adopted by the UN General
Assembly in 1948. The UDHR remains a cornerstone of international human rights law, setting
out, for the first time, fundamental human rights that are to be universally protected (Morsink,
1999).

Over the decades, the UNHRC played a pivotal role in addressing human rights violations
globally, yet it faced growing criticism for its lack of effectiveness and the politicization of its
work. These criticisms culminated in a major reform in 2006 when the UN General Assembly
replaced the Commission with the United Nations Human Rights Council (UNHRCouncil). The
new body was tasked with addressing the shortcomings of its predecessor by enhancing the
legitimacy, credibility, and effectiveness of UN human rights mechanisms (UN General
Assembly, 2006).

Structure and Functioning

The UNHRCouncil consists of 47 member states, elected by the General Assembly based on
equitable geographical distribution. Members serve for three-year terms and are not
immediately eligible for re-election after two consecutive terms (United Nations, 2023). This
composition is intended to ensure a balanced representation of the global community, although
it has often been a subject of controversy due to the inclusion of states with poor human rights
records.

The Council operates through several mechanisms and procedures designed to monitor and
address human rights violations. The Universal Periodic Review (UPR) is a unique process
that reviews the human rights records of all UN member states every four years. It allows for an
assessment of each state's adherence to human rights obligations and fosters an inclusive
dialogue on how to improve human rights conditions globally (Smith, 2018).

Special Procedures, another key mechanism, consist of independent human rights experts
with mandates to report and advise on human rights from a thematic or country-specific
perspective. These experts, known as Special Rapporteurs, carry out investigations, undertake
country visits, and issue reports on human rights issues ranging from freedom of expression to
the rights of indigenous peoples (OHCHR, 2023).

The Complaints Procedure allows individuals and groups to bring human rights violations to
the attention of the Council. Although this mechanism is less well-known, it provides a critical
avenue for addressing gross and reliably attested violations of human rights in any part of the
world (United Nations, 2023).

The Office of the High Commissioner for Human Rights (OHCHR) plays a vital role in supporting
the work of the UNHRCouncil. The OHCHR provides substantive and logistical support to the
Council, facilitates dialogue and cooperation among states, and assists in the implementation of
Council resolutions and decisions (OHCHR, 2023). The High Commissioner for Human Rights,
who heads the OHCHR, serves as the principal human rights official of the UN, advocating for
human rights globally and working to ensure that the international community upholds its human
rights commitments.

Key Functions and Mandate

The primary mandate of the UNHRCouncil is to promote and protect all human rights globally.
This broad mandate is pursued through a variety of functions, including monitoring human rights
situations, addressing violations, and providing recommendations to states on improving their
human rights practices. The Council's work often culminates in the adoption of resolutions,
which, while not legally binding, carry significant moral and political weight (United Nations,
2023).

One of the most critical functions of the UNHRCouncil is its investigative work. The Council can
establish fact-finding missions and commissions of inquiry to investigate allegations of human
rights violations in specific countries or contexts. For instance, the Council established a
commission of inquiry to investigate the human rights situation in Syria, which has been in
conflict since 2011. The findings of these investigations often serve as crucial evidence in
international efforts to hold perpetrators accountable, as seen in the case of the Syrian conflict,
where the findings of the commission have been used to advocate for justice and accountability
at the International Criminal Court (ICC) (UN Human Rights Council, 2013).

Another significant aspect of the Council's work is the role of Special Rapporteurs and
independent experts, who are tasked with examining specific human rights issues or situations.
For example, the Special Rapporteur on extrajudicial, summary, or arbitrary executions has
played a crucial role in investigating unlawful killings in various countries, including the
high-profile investigation into the assassination of journalist Jamal has Khashoggi in Saudi
Arabia (Callamard, 2019).

Impact and Criticisms

The UNHRCouncil has made notable contributions to the promotion and protection of human
rights globally. One of its early successes was its role in combating apartheid in South Africa.
The Commission (now Council) was instrumental in raising international awareness about the
human rights abuses occurring under the apartheid regime and played a key role in the eventual
dismantling of the apartheid system (United Nations, 1994).

In more recent years, the Council has been at the forefront of addressing human rights crises in
conflict zones. The Council's response to the Rwandan genocide of 1994, although delayed,
eventually led to increased international focus on preventing genocide and the establishment of
the International Criminal Tribunal for Rwanda (ICTR) (United Nations, 1995). Similarly, the
Council's ongoing efforts to address the humanitarian crisis in Syria have underscored its role
as a vital platform for addressing some of the most egregious human rights violations in the
world today.

However, the UNHRCouncil has also faced significant criticisms. One of the most persistent
criticisms is the politicization of the Council's work. The election of member states with
questionable human rights records, such as Saudi Arabia, China, and Venezuela, has raised
concerns about the credibility and legitimacy of the Council (Müller, 2017). Critics argue that the
presence of such states on the Council undermines its ability to effectively hold countries
accountable for human rights violations.

Another major criticism is the perceived ineffectiveness of the Council's resolutions and
decisions. While the Council adopts numerous resolutions each year, many of them are
non-binding and have little practical impact on the ground. For instance, the Council has passed
multiple resolutions condemning human rights abuses in Myanmar, but the situation for the
Rohingya people remains dire, with ongoing reports of violence, displacement, and
discrimination (International Crisis Group, 2018).
Current Challenges and Future Prospects
The UNHRCouncil faces several contemporary challenges that threaten its ability to effectively
fulfill its mandate. One of the most significant challenges is the issue of state sovereignty
versus human rights. Many states argue that the Council's interventions in their domestic affairs
violate their sovereignty, leading to resistance and non-cooperation. This tension between
respecting state sovereignty and protecting human rights remains a fundamental challenge for
the Council (Gaer, 2007).

Another challenge is the rise of non-state actors, such as terrorist groups and multinational
corporations, which are increasingly implicated in human rights violations. The traditional
framework of international human rights law, which primarily focuses on state actors, struggles
to adequately address the complex roles of these non-state entities. For instance, the Council
has been criticized for its limited ability to hold corporations accountable for environmental
degradation and labor rights abuses (Clapham, 2006). Similarly, addressing the human rights
abuses committed by terrorist organizations, such as ISIS in Syria and Iraq, poses significant
legal and operational challenges for the Council.

Furthermore, the global power dynamics within the UNHRCouncil continue to shape its
effectiveness. The influence of powerful states and geopolitical interests often dictates the
Council's agenda, leading to selective scrutiny of human rights situations. This selective
approach undermines the universality and impartiality of the Council's work. For example, the
Council has been accused of disproportionately focusing on Israel while neglecting severe
human rights abuses in other regions, a criticism that has been raised by various states and
observers (Neier, 2013).

Despite these challenges, the UNHRCouncil remains a crucial institution in the global human
rights landscape. The Council's ability to adapt and reform in response to criticisms and evolving
global conditions will determine its future relevance and effectiveness. Reform proposals have
included enhancing the transparency of the Council's decision-making processes, strengthening
the independence of its experts and mechanisms, and improving the criteria for membership to
prevent states with poor human rights records from serving on the Council (Gaer, 2007).

One promising development is the ongoing discussions about enhancing the role of civil
society in the Council's work. Civil society organizations (CSOs) play a vital role in providing
information, advocating for victims, and holding states accountable. Greater involvement of
CSOs in the Council's processes could help address some of the criticisms regarding the
Council's effectiveness and responsiveness to human rights violations (Alston, 2018).

Additionally, there is increasing recognition of the need to integrate a human rights-based

approach into all aspects of the UN's work, including peacekeeping, development, and
humanitarian assistance. Such an approach would ensure that human rights considerations are
at the forefront of international efforts to address global challenges, from climate change to
migration (OHCHR, 2013). The UNHRCouncil, with its mandate to promote and protect human
rights, has a central role to play in advocating for and implementing this approach across the
UN system.

Conclusion
The United Nations Human Rights Commission, now the Human Rights Council, has played a
pivotal role in shaping the global human rights agenda since its inception in 1946. While the
Council has achieved significant successes in promoting and protecting human rights, it has
also faced substantial criticisms related to politicization, membership controversies, and
effectiveness. The challenges posed by state sovereignty, non-state actors, and global power
dynamics continue to test the Council's ability to fulfill its mandate in an increasingly complex
and interconnected world.

Looking ahead, the UNHRCouncil must continue to adapt and reform to maintain its relevance
and effectiveness. Enhancing the Council's transparency, accountability, and inclusiveness, as
well as integrating a human rights-based approach across the UN's work, will be crucial in
ensuring that the Council remains a credible and influential force for human rights in the 21st
century. Ultimately, the success of the UNHRCouncil will depend on the commitment of the
international community to uphold the principles of universality, impartiality, and non-selectivity
in the promotion and protection of human rights for all.

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