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Article
- Priya pillai, human right expert, analyses the importance of Human Rights Council
Important analysis
- US recently withdrew from HRC.
- US alleged that HRC target Israel
- There is demand for withdrawal in other countries including India.
- The HRC was established in 2006, as part of the UN’s reform process, replacing the United Nations Commission on Human Rights.
- There are 47 Council members which are elected by the General Assembly with three-year terms, with a maximum of two consecutive terms.
- States are elected on the basis of geographic quotas.
- Current members include Saudi Arabia, the Philippines, Pakistan, and the United Kingdom
- It was to serve as a forum for all states to examine and ‘peer review’ the record on human rights.
- The ‘Universal Periodic Review’ process, where all states are scrutinised, is currently in its third cycle (2017-2021).
- No state is exempt from this process, including Security Council members.
- The main criticism against it is that it is made up of states not known for their human rights records
- It is also alleged that states are using the opportunity to highlight the records of other states.
- Although HRC has good track record on evolution of human rights norms
- Situation in Syria, Yemen, Myanmar, and North Korea are highlighted by HRC
- HRC also addressed LGBTIQ rights and discrimination on the basis of religion
- The HRC is also a forum to monitor international obligations of a state based on international law that states themselves have undertaken. This forum is an important component of the UN rights system
- Another aspect overseen by the HRC is the appointment of special rapporteurs — independent mandate holders — on issues including internal displacement, torture, racial discrimination, as well as country specific mandates.
- HRC should not be confused with the role of the Office of the United Nations High Commissioner for Human Rights (OHCHR)
- OHCHR is a separate institution which presents reports independent of the HRC, the recent report on Kashmir being an example.
- Discussions and reform proposals for HRC are already in the works, with engagement by states and human rights organisations indicating a consensus building approach.
- Author argues that US has overlooked the reform process of HRC.
- Author observes that invoking sovereignty as the basis to disengage is specious at best and malafide at worst.
- At last author opines that both states and individuals who need more robust defence of their right would lose more.
- Author also suggests for substantive engagement with issues concerning the rights of individuals.
