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UNIVERSITY INSTITUTE OF LEGAL STUDIES

PROJECT REPORT OF INTERNATIONAL

HUMAN RIGHTS

“HUMAN RIGHTS COUNCIL”

SUBMITTED TO: SUBMITTED BY:

Dr. Agampreet Name- Ujjawal Aggarwal

Panjab University Class- B.Com. LLB ( Hons.)

Chandigarh Section – E

Semester – 9th

Roll no- 287/19

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ACKNOWLEDGMENT

I would like to express my special thanks of gratitude to my Teacher Dr. Agampreet who gave
me the opportunity to do this Project Report on the TOPIC – “Human Rights Council” which
helped me to do a lot of research work which improved my knowledge. I came to know about so
many new things for which I am really thankful to them.

Secondly, I would also like to thank my parents and friends who helped me a lot in finalizing this
Project Report within the limited time frame. I further extend my gratitude towards my teacher
for providing the students with proper academic material for preparing and understanding this
topic.

Ujjawal Aggarwal
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TABLE OF CONTENTS

S.NO. PARTICULARS PAGE NO.

1. Introduction 4
2. Human Rights Council 5
3. History of Human Rights Council 6-7
• UN Commission of Human Rights
• Why Human Rights Council was established?

4. Functions of Human Rights Council 7-8

5. Composition of Human Rights Council 8-9
6. How does Human Right Council Work? 10
7. Procedure and mechanism of Human Rights Council 11-17

8. Conclusion 18
9. References 19
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INTRODUCTION

Human rights refer to the "basic rights and freedoms to which all humans are entitled. A human
right is a universal moral right, something which all men, everywhere, at all times ought to have,
something of which no one may be deprived without a grave affront to justice, something which
is owing to every human simply because he is human. In simple words, human rights are those
basic standards without which people cannot live in dignity. To violate someone's human rights
is to treat that person as though he or she was not a human being.

The History of human rights covers thousands of years and draws upon religious, cultural,
philosophical and legal developments throughout the recorded history. It seems that the concept
of human rights is as old as the civilization. This is evident from the fact that almost at all stages
of mankind there have been a human rights documents in one form or the other in existence.
They define relationships between individuals and power structures, especially the State. Human
rights delimit State power and, at the same time, require States to take positive measures
ensuring an environment that enables all people to enjoy their human rights. Human rights are
the sum of individual and collective rights laid down in State constitutions and international law
Governments and other duty bearers are under an obligation to respect, protect and fulfill human
rights, which form the basis for legal entitlements and remedies in case of non-fulfillment.1

The core principles of human rights first set out in the UDHR, such as universality,
interdependence and indivisibility, equality and non-discrimination, and those human rights
simultaneously entail both rights and obligations from duty bearers and rights owners, have been
reiterated in numerous international human rights conventions, declarations, and resolutions.
Today, all United Nations member States have ratified at least one of the nine core international
human rights treaties, and 80 percent have ratified four or more, giving concrete expression to
the universality of the UDHR and international human rights.2

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October, 2021 at 5:45 PM
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HUMAN RIGHTS COUNCIL

The Human Rights Council is an inter-governmental body within the United Nations system
responsible for strengthening the promotion and protection of human rights around the globe and
for addressing situations of human rights violations and making recommendations on them. It
has the ability to discuss all thematic human rights issues and situations that require its attention
throughout the year. It meets at the UN Office at Geneva. The Council is made up of 47 United
Nations Member States which are elected by the UN General Assembly. The Human Rights
Council replaced the former United Nations Commission on Human Rights which operated
from 1946 to 2006 3. Thus, the council was created by the United Nations General Assembly on
15 March 2006 by resolution 60/251. Its first session took place from 19 to 30 June 2006.

The Council holds meetings throughout the year providing a multilateral forum to address human
rights violations wherever and whenever they occur. It responds to human rights emergencies
and makes recommendations on how to better implement human rights on the ground. The
Council has the ability to discuss all thematic human rights issues and country-specific situations
that require its attention. The Council held its first session in June 2006. One year later, the
Council adopted its “Institution-Building” package by resolution 5/1 to guide its work and set up
its procedures and mechanisms. Among the Council’s subsidiary bodies are the Universal
Periodic Review mechanism (UPR), the Special Procedures, the Advisory Committee and the
Complaint Procedure. The Council can also establish international commissions of inquiry and
fact-finding missions investigating and responding to human rights violations, to help expose
violators and bring them to justice.4

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6:45PM
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HISTORY OF HUMAN RIGHTS COUNCIL

UN COMMISSION ON HUMAN RIGHTS

One of the primary goals of the United Nations (UN) is advancing human rights around the
world. To accomplish this goal, the UN has created the Commission on Human Rights (CHR),
it was established in 1946 as a subsidiary body of the Economic and Social Council (ECOSOC).
Initially created with eighteen member states, the CHR expanded to fifty-three members over the
course of its existence. Those members were chosen according to regional groupings, with a
certain number of seats assigned to each region. . It also acted as a forum where countries large
and small, non-governmental groups and human rights defenders from around the world voiced
their concerns5.

The Commission is mandated to conduct investigations on human rights violations against

marginalized and vulnerable sectors of the society, involving civil and political rights. The
Commission had its own procedures like 1235 procedure (ad hoc working groups to study human
rights violation) and 1503 procedure (complaints from victims regarding human rights). The
commission used to report to ECOSOC, which finally reported to the General Assembly. By
2005, the UNCHR has examined 84 countries for various human rights abuse.6

WHY HUMAN RIGHTS COUNCIL WAS ESTABLISHED?

 Membership Issues: The Commission on Human Rights was misused by gross human
rights violators who sought membership to shield themselves from international scrutiny.
The states were using it for their political goals and selectivity and double standards
prevailed in dealing with human rights. UNCHR consisted of 18 members who were
inititally supposed to be independent individuals with human rights expertise but the
states were not ready to be scrutinized by an independent body.
 Politicization: further, the regional groups resorted to clean slate voting (as many
candidates as seats). All this led to politicization of the Commission. The members were

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6
Ibid
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interested more in advancing their national policies rather than human rights. The
members of the Commissions were the worst abusers of human rights.
 Procedural deficiencies: the Commission working suffered from several weaknesses:
a) From 1947-1967: the Commission adopted the policy of absenteeism and simply
promoted human rights principles, without investigating or condemning the
violators.
b) In 1967: the Commission adopted the policy of interventionism upon insistence of
African and Asian countries against Aparthied in South Africa and enforced
disappearance in Chile.
c) No Action Motion: delegation could, by vote, prevent discussion of particular
matter and block any action on particular countries.
 Lack of Resources: the Commission work was hampered by a lack of time and
autonomy. It held only one session of six weeks annually which was too rief to address
the increasing amount of issues on the agenda.
 The Commission lacked autonomy: and had a subordinate position as it had to depend on
ECOSOC to approve its decisions and to provide funding for their execution.

FUNCTIONS OF UN HUMAN RIGHT COUNCIL7

1) The Council serves as a forum for dialogue among States, with input from other
stakeholders. As a result of its discussions, the Council may issue resolutions calling on
States to take specific actions or uphold certain principles, or it may create mechanisms
to investigate or monitor questions of concern
2) The Human Rights Council has created or renewed the mandates of various “special
procedures.” The special procedures are experts appointed to monitor human rights
around priority themes or in specific countries with serious human rights problems. The
special procedures may be individual experts (“special rapporteurs” or “independent
experts”) or working groups.

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3) The Council also manages the Universal Periodic Review, a process through which each
UN Member State’s overall human rights record is reviewed.
4) In addition, the Council receives complaints alleging patterns of human rights violations,
which are considered by the Working Group on Communications and may be referred to
the Working Group on Situations. The Working Group on Situations reports substantiated
claims of consistent patterns of gross violations to the Council and makes
recommendations for action

COMPOSITION8

The Council is made of 47 Member States, which are elected by the majority of members of the
General Assembly of the United Nations through a direct and secret ballot. The General
Assembly takes into account the candidate States’ contribution to the promotion and protection
of human rights, as well as their voluntary pledges and commitments in this regard. Members of
the Council serve for a period of three years and are not eligible for immediate re-election after
serving two consecutive terms.

The Council’s Membership is based on equitable geographical distribution. Seats are distributes
as follows:

• African states - 13
• Asia – Pacific states -13
• Eastern European States - 6
• Latin American and Caribbean states - 8
• Western European and Other States – 7

 Nazhat Shameem Khan is elected to the 2021 presidency of the Human Rights Council
on 15th January 2021

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PRESIDENTS OF THE HUMAN RIGHTS COUNCIL

June 2006 – June 2007 Luis Alfonso de Alba ( Mexico)

June 2007- June 2008 Doru Romulus Costea ( Romania)
June 2008 – June 2009 Martin Ihoeghuan Uhomoibhi ( Nigeria)
June 2009 - June 2010 Alex Van Meeuwen ( Belgium)
June 2010 – June 2011 Sihasak Phuangketkeow ( Thailand)
June 2011 – June 2012 Laura Dupuy Lasserre ( Uruguay)
2013 Remigiusz Henszel ( Poland)
2014 Baudelaire Ndong Ella ( Gabon)
2015 Joachim Rucker ( Germany)
2016 Choi Kyong – Lim ( South Korea)
2017 Joaquin Alexander Maza Martelli ( Salvador)
2018 Vojislav Suc ( Slovenia)
2019 Coly seck ( Senegal)
2020 Elisabeth tichy- Fisslberger ( Austria)
2021 Nazahat Shameen Khan ( Fiji)

SUSPENSION:

The General Assembly by 2/3rds Majority, present and voting could suspend the rights of
membership of a council who commits gross and systematic violations of Human Rights.
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HOW DOES THE HUMAN RIGHTS COUNCIL WORK?

The Human Rights Council meets for at least 10 weeks per year at the United Nations Office in
Geneva, Switzerland, in regular sessions usually taking place in March, June and September. The
Council can also convene urgent meetings on short notice to respond to emerging human rights
crises – 28 such special sessions were held thus far. The Council’s subsidiary bodies meet for
approximately 20 additional weeks each year. Since its 1st session in 2006, the Council’s agenda
has been expanding and its meeting time has more than doubled.9

The Council has a Bureau which consists of a president and four vice-presidents who represent
each of the five regional groups, and who serve for a year in accordance with the Council’s
annual cycle (January – December). Staff from the Office of the High Commissioner for Human
Rights (OHCHR) serves as the secretariat for the Council providing its members with technical,
substantive and administrative support. In addition to the member States of the Council,
observers, which include non-member States, inter-governmental organizations, national human
rights institutions, and non-governmental organizations (NGOs), also participate actively in
Council sessions.10

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10
Ibid
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PROCEDURE AND MECHANISM ADOPTED BY UNHRC

On 18th June, 2007 one year after its first meeting, members of the new council agreed to its
“Institution-building package” providing a road map guiding the future work of the council and
to set up its procedures and mechanisms. The key elements of this package are-

A. Universal Periodic Mechanism

B. Special Procedure
C. Complaint Procedure
D. Inquiry Commissions

UNIVERSAL PERIODIC MECHANISM

The Human Rights Council’s Universal Periodic Review (UPR) is a unique process which
involves a review of the human rights records of all 193 UN member States once every 4.5 years.
The UPR is one of the most innovative and powerful achievements of the Council designed to
ensure equal treatment for every country when their human rights situations are assessed. It
provides the opportunity for each State to declare what actions they have taken to improve the
human rights situation in their countries and to fulfill their human rights obligations, as well as
the challenges and constraints they are facing in so doing.11 42 States are reviewed each year
during three Working Group sessions dedicated to 14 States each. These three sessions are
usually held in January-February, May-June , October-November.

The result of each review is reflected in the Final Report of the Working Group, which lists the
recommendations the State under review (SuR) will have to implement before the next review.
The working group convenes three 2 weeks sessions per year, or 14 sessions over the course of
an entire cycle.12

I. First cycle of UPR (2008-2011)

II. Second cycle (2011-2016)

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III. Third cycle (2017-2022)

The UPR is a full-circle process comprised of 3 key stages13:

 Preparation for the Review and reporting on implementation

 Review of the human rights situation of the SuR and adoption of the Report
 Implementation of Recommendations and reporting at mid-term

Preparation for
the review

Implementation of
Review to adoption
Recommendations

SPECIAL PROCEDURE14

The Human Rights Council's Special Procedures mandate holders are made up of special
rapporteurs, independent experts or working groups composed of five members who are
appointed by the Council and who serve in their personal capacity. Special procedures undertake
country visits; act on individual cases and concerns of a broader, structural nature by sending
communications to States and other actors bringing alleged violations or abuses to their
attention; conduct thematic studies and convene expert consultations; contribute to the

13
Ibid
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development of international human rights standards; engage in advocacy; raise public

awareness; and provide advice for technical cooperation.

These independent experts report at least once a year to the Council on their findings and
recommendations, as well as to the UN General Assembly. At times they are the only
mechanism alerting the international community to certain human rights issues.

There are two types of Special Procedures mandates: the thematic mandates, such as water and
sanitation, arbitrary detention, the rights of migrants, violence against women, torture and human
trafficking, and the country-specific mandates. At present there are 44 thematic mandates and 11
country specific mandates. This special procedure undertakes following activities:

 undertake country visits

 act on individual cases of reported violations and concerns of a broader nature by sending
communications to States and others
 conduct annual thematic studies, seek information from calls for input and convene
expert consultations
 contribute to the development of international human rights standards, and
 engage in advocacy, raise public awareness, and provide advice for technical cooperation.

COMPLAINT PROCEDURE

On 18 June 2007, the Human Rights Council adopted resolution 5/1 entitled “Institution-
Building of the United Nations Human Rights Council” by which a new complaint procedure
was established to address consistent patterns of gross and reliably attested violations of all
human rights and all fundamental freedoms occurring in any part of the world and under any
circumstances.

The complaint procedure addresses communications submitted by individuals, groups, or non-

governmental organizations that claim to be victims of human rights violations or that have
direct, reliable knowledge of such violations. Like the former 1503 procedure, it is confidential,
with a view to enhance cooperation with the State concerned. The new complaint procedure has
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been improved, where necessary, to ensure that the procedure be impartial, objective, efficient,
victims-oriented and conducted in a timely manner.

Two distinct working groups - the Working Group on Communications and the Working Group
on Situations – are responsible, respectively, for examining communications and bringing
violations of human rights and fundamental freedoms to the Council’s attention, for their further
action. The Complaint Procedure conducts its work in a confidential manner with a view to
enhance cooperation with the State concerned.15

INQUIRY COMMISSIONS

The Human Rights Council can also establish international commissions of inquiries, fact-
finding missions and investigations to respond to serious violations of international human rights
and humanitarian law, whether protracted or resulting from sudden events, and to promote
accountability for such violations and counter impunity. The commissions of inquiries and fact-
finding missions produce hard-hitting evidence on war crimes and crimes against humanity,
feeding into formal justice processes to hold violators accountable. These investigative bodies
are supported by OHCHR staff that provide administrative, logistical as well as security support
and expertise, and carry out missions as mandated. To date 31 such commissions and missions
have been created by the Council with 7 currently active.16

ADVISORY COMMITTEE

The Committee is composed of 18 independent experts from different professional backgrounds

representing the various regions of the world. It meets twice a year, for one week in February

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immediately before the March session of the Council and for one week in August. It has been
established to function as a “think-tank” for the Council and work at its direction.17

Mandate & Functions of Advisory Committee18

a) The Advisory Committee provides expertise to the Council in the manner and form
requested by it. It mainly focuses on studies and research-based advice.
b) The Committee may also propose within the scope of the work set out by the Council, for
the latter’s consideration and approval, suggestions for further research proposals.
c) In its work, the Committee should be implementation-oriented and the scope of its advice
should be limited to thematic issues pertaining to the mandate of the Council, namely
promotion and protection of all human rights.
d) It shall not adopt resolutions or decisions.

Among these mechanisms, Council also established the following subsidiary expert mechanisms
to provide the council with thematic expertise and forums providing a platform for dialogue and
cooperation. These bodies focus mainly on studies, research based advice or best practices. They
meet and report annually to the council19

 Expert mechanism on the Rights of indigenous people - The Expert Mechanism on the
Rights of Indigenous Peoples (EMRIP) was established by the Human Rights Council,
the UN’s main human rights body, in 2007 under resolution 6/36 as a subsidiary body of
the Council. Its mandate was then amended in September 2016 by Human Rights Council
resolution 33/25. The Expert Mechanism is composed of seven independent experts on
the rights of Indigenous Peoples. The experts are appointed by the Human Rights Council
and are selected on the basis of competence and experience in the rights of Indigenous
Peoples, due consideration for experts of indigenous origin, and gender balance.

17
Ibid
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The Expert Mechanism provides the Human Rights Council with expertise and advice on
the rights of Indigenous Peoples. It assists Member States in achieving the goals of the
United Nations Declaration on the Rights of Indigenous Peoples.
The Expert Mechanism conducts studies to advance the promotion and protection of
Indigenous Peoples’ rights by:
a. clarifying the implications of key principles, such as self-determination and free,
prior and informed consent
b. examining good practices and challenges in a broad array of areas pertaining to
Indigenous Peoples’ rights,
c. Suggesting measures that States and others can adopt at the level of laws, policies
and programs.

 Expert Mechanism on the rights to development - The Expert Mechanism on the Right
to Development was established by the Human Rights Council in September 2019 with a
mandate to provide the Council with thematic expertise on the right to development in
order to implement this right worldwide. The Expert Mechanism will consist of five
independent experts for a three year period and may be re-elected for one additional
period. The new body will meet once annually for three days in Geneva and once
annually for three days in New York, and will report once a year to the Council on its
activities.

 Forum on Minority issues - The Forum on Minority Issues has been established to
provide a platform for promoting dialogue and cooperation on issues pertaining to
national or ethnic, religious and linguistic minorities, as well as to provide thematic
contributions and expertise to the work of the Special Rapporteur on Minority Issues. The
Forum meets annually for two working days allocated to thematic discussions with a
Chairperson appointed by the President of the Human Rights Council on the basis of
regional rotation, and in consultation with regional groups. The Special Rapporteur on
minority issues guides the work of the Forum, prepares its annual meetings and reports
on the thematic recommendations of the Forum to the Council.
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 Social forum - The Social Forum is an annual three-day meeting convened by the Human
Rights Council. It is defined as a unique space for open and interactive dialogue between
civil society actors, representatives of member States, and intergovernmental
organizations, on a theme chosen by the Council each year.

2021 Social Forum focused on the fight against the COVID-19 Pandemic, international
Cooperation and solidarity and a human rights perspective.

 Forum on Business and Human Rights - The Forum on Business and Human Rights is a
multi-stakeholder body charged with discussing trends and challenges in the
implementation of the Guiding Principles on Business and Human Rights. It promotes
dialogue and cooperation on issues linked to business and human rights, including
challenges faced in particular sectors, operational environments or in relation to specific
rights or groups. It also identifies good practices

 Forum on Human Rights, Democracy and Rule of Law - The purpose of the Forum is
“provide a platform for promoting dialogue and cooperation on issues pertaining to the
relationship between these areas and to identify and analyze best practices, challenges
and opportunities for States in their efforts to secure respect for human rights, democracy
and the rule of law. The forum takes place every two years.
 18

CONCLUSION
The UN Human Rights Council is the main inter-governmental body within the United Nations
system responsible for addressing situations of Human Rights Violations. The creation of the UN
Human Rights Council is an improvement in UN human rights policy, especially in institutional
terms. Since the inception it focuses on the promotion and protection of human rights around the
world. The UNHRC has more authority, better membership criteria and fairer and more
representative election procedure. The Council has a new mechanism of evaluating human rights
records of all UN members and is allocated more meeting time.

At the recent 48th session of UN Human Rights Council which was held from September 13 –
October 11 it advanced country specific and thematic actions to promote greater respect for the
human rights and fundamental freedoms of women and girls, LGBTQI+persons, indigenous
persons, members of ethnic and religious minority groups, older persons and other marginalized
and vulnerable groups

However, sometimes it has shown the same trend towards disregarding some issue while
focusing excessively on others and harboring violators among its members. Therefore,
continuous reforms must be there to keep the body up to date so that it continuous to protect and
promote universal human rights.
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