The Human Rights Council has been instituted in 2006 and it is a subsidiary Body of the United Nations’ General Assembly. It has the duty of promoting and warranting to populations the complete fulfillment of all rights established in the United Nation’s Charter and in Human Rights’ International Laws and Treaties. Its mandate includes Human Rights Violations’ Prevention and Human Rights International cooperation’s Promotion.
The Council substituted the Human Rights’ Commission that, in spite of being an indipendent body, has received many raps. In fact, the Commission was a non permanent body, subsidiary to the Economic and Social Council and composed by 53 States representatives appointed together by “acclamation” for a three years period: this system has quickly brought to a political drift of the body that mostly emerged when certain countries’ violations of Human Rights were discussed.
The Council is, instead, composed by 47 States elected in secret scrutiny with absolute majority by the General Assembly. The mandate lasts three years and its members cannot be re-elected after two consecutive mandates.
The ordinary sessions are held three times a year but, if necessary, can also be convened to gather for special sessions (the Commission met only once a year).
For more information: http://www2.ohchr.org/english/bodies/hrcouncil
Human Rights Council Sessions’ functioning
The Human Rights Council has recently finished its VIIth session held in Geneva (Switzerland) from 3 to 28 march.
In an ordinary session, Human Rights situation worldwide is discussed according to an agenda that foresees the presentation, from the Secial Rapporteurs, of their reports in order to establish an “interactive dialogue” between involved States, member States, observers ones, and civil society represented by the Non Governmental Organizations in Special Consultative Status with the United Nations.
The mechanism chosen for evaluating the situation concerning Human Rights at a global level is the “Special Procedures” (regarding a Country or a Theme). Currently there are 28 Thematic and 10 Countries that are part of the “Special Procedures”.
Special Procedures are carried out by an individual (“Special Rapporteur", "Special Representative of the Secretary-General", "Representative of the Secretary-General" or "Independent Expert") or by a group of work usually composed by 5 members.
All mandate holders are independent and this is an element of fundamental importance in order to have the work performed without States’ influence.
The work, for what concerns the “Special Procedures” is executed through visits to the States in order to verify Human Rights’ situation. Furthermore mandate holders network with institutions, associations and organizations receiving information regarding specific Human Rights’ violations and, when necessary, they may send urgent appeals or letters of allegation to governments requesting clarification.
Fundamental is also the collaborative relation, based on consultative status, with Non Governmental Organizations, that may interact with the special rapporteurs and can intervene during the interactive dialogue.
UPR
The Universal Periodic Review (UPR) is a mechanism of the Human Rights Council (HCR) that involves all UN members-States. Every year, 48 States are reviewed, into three different sessions, on the States’ human rights practices and the respect for their human rights obligations.
Three main documents are used to conduct the review of the State: information prepared by the State concerned, a national report or any other information considered relevant by the State concerned. The presentation does not have to exceed twenty pages. A compilation of no more than ten pages prepared by the Office of the High Commissioner on Human Rights containing: information included in reports of treaty bodies, special procedures, observations and comments by the State concerned and other UN documents. Other “credible and reliable information” provided by other relevant stakeholders (i.e. including Non-governmental Organisations), which are summarized by the Office of the High Commissioner in a document not exceeding ten pages.
The Working Group (WG) is composed of all UN member-States of the HRC and is assisted by a troika; the troika consists of three Rapporteurs selected by the drawing of lots among members of the HRC and from different regional groups. The session begins with the presentation by the State under Review of its national report as well as the answers to the written questions and issues it had received in advance. The following phase is the interactive dialogue, during which States take the floor to ask more questions and to make recommendations about the documentation provided on the State’s Human Rights practices as well as on the Human Rights situation in the Country. At the end, the Working Group adopts a report that contains the summary of the interactive dialogue, responses by the State, recommendation by States and voluntary commitments by the State under Review. This report has to be adopted at a plenary session of the Human Rights Council by a resolution or decision.
