UN Human Rights Council meeting at
Geneva from June 10 to 16, 2007
The United Nations Human Rights Council adopted a Resolution for the Universal Periodic Mechanism and Special Procedure for National Human Rights Institutions at a meeting in Geneva last month. Smt Aruna Sharma, Joint Secretary NHRC was nominated to represent all the NHRIs at the meeting. The Chairperson Justice Shri S. Rajendra Babu and the Secretary General Shri R. K. Bhargava participated in the subsequent sittings of the meeting and made interventions.
The Resolution on Institutional Building adopted by the Council has not only endorsed inviting National Human Rights Institutions (NHRIs) to participate in all agenda items of the Council but also a first recourse for complaint remedy. With this Resolution, the importance and responsibility of the NHRIs in the task of protecting and promoting human rights has enhanced.
On Universal Periodic Review (UPR) mechanism, the Resolution said that UPR should complement and not duplicate other human rights mechanisms. It should ensure participation of all relevant stakeholders, including Non-Governmental Organizations (NGOs) and National Human Rights Institutions (NHRIs), in accordance with General Assembly (GA) Resolution 60/251 and Economic and Social Council Resolution 1996/31, as well as decisions that the Council may take in this regard. The Resolution also said that the documents on which the review should be based are - information prepared by the state concerned. States are encouraged to prepare the information through a broad consultation process at the national level with all relevant stakeholders. In the review, the Council should also take into consideration additional credible and reliable information provided by other relevant stakeholders to the UPR.
On Special Procedures, the Resolution said that following entities may nominate candidates as special procedures mandate-holders: a) Governments; b) Regional Groups operating within the United Nations human rights system c) International organizations or their offices (e.g.: Office of the United Nations High Commissioner for Human Rights (OHCHR); d) Non-Governmental Organizations (NGOs); e) other human rights bodies; f) individual nominations.
On Human Rights Council Advisory Committee, the Resolution said that the Committee, consisting of 18 experts acting in their personal capacity will function as a think-tank to the Council and work at its direction. The establishment of this subsidiary body and its functioning will be executed according to guidelines. All members States of the UN can propose or endorse candidates from their own region. When selecting their candidates, States should consult their National Human Rights Institutions and civil society organizations and, in this, regard, to include the names of those supporting their candidates. In the performance of its mandate, the Advisory Committee is urged to establish interaction with States, National Human Rights institutions, NGOs and other civil society entities in accordance with modalities of the Council. However, the Committee shall not establish subsidiary bodies unless the Council authorizes it.
The Resolution strongly talked about strengthening the Complaint procedure. A complaint procedure would be 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 National Human Rights Institutions (NHRIs), when they work under the guidelines of the Paris Principles including in regard to quasi-judicial competence, may serve as effective local remedies.
On the Special Session of the Council, the Resolution said that the Members of the Council, concerned States, observer States, specialized agencies, other intergovernmental organizations and National Human Rights Institutions, as well as non-governmental organizations in consultative status may contribute to the session in accordance with the rules of procedures of the Council. The participation of and consultation with observers of the Council will be governed by the rules of procedure established by the Committees of the General Assembly, the Resolution added.
Participation of National Human Rights Institutions in the UNHRC shall be based on arrangements and practices agreed upon by the Commission on Human Rights while ensuring the most effective contribution of these entities, the Resolution said.
The Resolution on Institutional Building adopted by the Council has not only endorsed inviting National Human Rights Institutions (NHRIs) to participate in all agenda items of the Council but also a first recourse for complaint remedy. With this Resolution, the importance and responsibility of the NHRIs in the task of protecting and promoting human rights has enhanced.
On Universal Periodic Review (UPR) mechanism, the Resolution said that UPR should complement and not duplicate other human rights mechanisms. It should ensure participation of all relevant stakeholders, including Non-Governmental Organizations (NGOs) and National Human Rights Institutions (NHRIs), in accordance with General Assembly (GA) Resolution 60/251 and Economic and Social Council Resolution 1996/31, as well as decisions that the Council may take in this regard. The Resolution also said that the documents on which the review should be based are - information prepared by the state concerned. States are encouraged to prepare the information through a broad consultation process at the national level with all relevant stakeholders. In the review, the Council should also take into consideration additional credible and reliable information provided by other relevant stakeholders to the UPR.
On Special Procedures, the Resolution said that following entities may nominate candidates as special procedures mandate-holders: a) Governments; b) Regional Groups operating within the United Nations human rights system c) International organizations or their offices (e.g.: Office of the United Nations High Commissioner for Human Rights (OHCHR); d) Non-Governmental Organizations (NGOs); e) other human rights bodies; f) individual nominations.
On Human Rights Council Advisory Committee, the Resolution said that the Committee, consisting of 18 experts acting in their personal capacity will function as a think-tank to the Council and work at its direction. The establishment of this subsidiary body and its functioning will be executed according to guidelines. All members States of the UN can propose or endorse candidates from their own region. When selecting their candidates, States should consult their National Human Rights Institutions and civil society organizations and, in this, regard, to include the names of those supporting their candidates. In the performance of its mandate, the Advisory Committee is urged to establish interaction with States, National Human Rights institutions, NGOs and other civil society entities in accordance with modalities of the Council. However, the Committee shall not establish subsidiary bodies unless the Council authorizes it.
The Resolution strongly talked about strengthening the Complaint procedure. A complaint procedure would be 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 National Human Rights Institutions (NHRIs), when they work under the guidelines of the Paris Principles including in regard to quasi-judicial competence, may serve as effective local remedies.
On the Special Session of the Council, the Resolution said that the Members of the Council, concerned States, observer States, specialized agencies, other intergovernmental organizations and National Human Rights Institutions, as well as non-governmental organizations in consultative status may contribute to the session in accordance with the rules of procedures of the Council. The participation of and consultation with observers of the Council will be governed by the rules of procedure established by the Committees of the General Assembly, the Resolution added.
Participation of National Human Rights Institutions in the UNHRC shall be based on arrangements and practices agreed upon by the Commission on Human Rights while ensuring the most effective contribution of these entities, the Resolution said.