UN “REFORM” THE NEGOTIATIONS OVER A NEW UN HUMAN RIGHTS BODY Date of Document UN Text Groups of States’ Proposed Text Particular States’ Proposed Text September 13, 2005 FINAL DOCUMENT Human Rights Council 157. Pursuant to our commitment to further strengthen the United Nations human rights machinery, we resolve to create a Human Rights Council. 158. The Council will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner. 159. The Council should address situations of violations of human rights, including gross and systematic violations and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the UN system. 160. We request the President of the General Assembly to conduct, open, transparent and inclusive negotiations to be completed as soon as possible during the 60th session, with the aim of establishing the mandate, modalities, functions, size, composition, membership, working methods and procedures for the Council. September 12, 2005, 12:30 p.m. DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 145. Pursuant to our commitment to further strengthen the United Nations human rights machinery, we decide to establish a [standing] Human Rights Council as a subsidiary organ [principal organ] of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly shall review within five years the functioning and effectiveness [and status] of the Council. 146. The Human Rights Council will be responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their universal, indivisible, inalienable and interrelated character and inter alia, it will: a) Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards, including through the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation, education and capacity building; b) Serve as a forum for dialogue on thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights c) Promote effective coordination and the mainstreaming of human rights within the United Nations System, including by making policy recommendations to the General Assembly [and other UN bodies.] The Council should also work in close cooperation with regional organizations in the field of human rights; [d) Promote and periodically examine the fulfilment by all States of their human rights obligations, [under international law], in particular under the Charter and the Universal Declaration of Human Rights, through a cooperative mechanism] e) Address all human rights issues, including [urgent or continuing] [gross and systematic] violations and situations of human rights, and recommendations thereon to the Member States, the General Assembly and other bodies. f) Assume [, review and rationalize] [after appropriate review and rationalization] the mandate, functions and special procedures of the Commission on Human Rights in order to preserve its strengths, as well as the arrangements and practices for NGO participation observed by the Commission on Human Rights under Article 71 of the Charter. 147. We request the president of the General Assembly to [conduct open, transparent and inclusive negotiations] [establish an open-ended working group] [establish a working group with open participation of all Member States] in order for the General Assembly to adopt during its sixtieth session, [preferably] before [28 February 2006] [to enable it to become functional by May 1, 2006], the mandates, modalities, functions, procedures, size, composition, [membership] and working methods of the Human Rights Council and arrangements for the transition from the Commission to the Council, based, inter alia, on the following considerations: a) The size of the Council should be [between 30 and 53 members] [between 30 and 50], [comparable in size to the current Commission] each serving for a period of there years, to be elected directly by the General Assembly by a [simple] [two-thirds] [simple or two-thirds] majority. In establishing the membership of the Council, [with due regard] shall be [based on] [given to] the principle of equitable geographical distribution and [due regard to] the contribution of Member States to the promotion and protection of human rights; [b) Those members elected to the Council should undertake to abide by human rights standards and to be examined according to procedures established under paragraph 146d] [will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council, [and according to criteria to be agreed upon.]] [b) alt Members elected to the Council shall undertake to abide by the highest human rights standards and to be reviewed under the review mechanism during their term of membership;] [and according to criteria to be agreed upon.] 148. The Council shall submit an annual report to the General Assembly. September 12, 2005 8:00 a.m. DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 145. Pursuant to our commitment to further strengthen the United Nations human rights machinery, we decide to establish a [standing] Human Rights Council as a subsidiary organ [principle organ] of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly shall review within five years the functioning and effectiveness, [and status] of the Council. 146. The Human Rights Council will be responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their universal, indivisible, inalienable and interrelated character and, inter alia, it will: a) Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards, including through the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation, education and capacity building; b) Serve as a forum for dialogue on thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights c) Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly [and other UN bodies.] The Council should also work in close cooperation with regional organizations in the field of human rights; [d) Promote and periodically examine the fulfilment by all States of their human rights obligations, [under international law], in particular under the Charter and the Universal Declaration of Human Rights, through a cooperative mechanism] e) Address all human rights issues, including [urgent or continuing] [gross and systematic] violations and situations of human rights, and recommendations thereon to the Member States, the General Assembly and other bodies. f) Assume [,review and rationalize] [after appropriate review and rationalization] the mandate, functions and special procedures of the Commission on Human Rights in order to preserve its strengths, as well as the arrangements and practices for NGO participation observed by the Commission on Human Rights under Article 71 of the Charter. 147. We request the President of the General Assembly to [conduct open, transparent and inclusive negotiations] [establish an open-ended working group] [establish a working group with open participation of all Member States] in order for the General Assembly to adopt during its sixtieth session, [preferably] before [28 February 2006][to enable it to become functional by May 1, 2006], the mandates, modalities, functions, procedures, size, composition, [membership] and working methods of the Human Rights Council and arrangements for the transition from the Commission to the Council, based, inter alia, on the following considerations: a) The size of the Council should be [between 30 and 53 members] [between 30 and 50], [comparable in size to the current Commission] each serving for a period of three years, to be elected directly by the General Assembly by a [simple] [two-thirds] [simple or two- thirds] majority. In establishing the membership of the Council, [with due regard] shall be [based on] [given to] the principle of equitable geographical distribution and [due regard to] the contribution of Member States to the promotion and protection of human rights; [(b) Those members elected to the Council should undertake to abide by human rights standards and to be examined according to procedures established under paragraph 146 d] [will be evaluated during their term of membership under the .review mechanism, unless they have been evaluated shortly before the start of their term in the Council, [and according to criteria to be agreed upon.] [(b) alt Members elected to the Council shall undertake to abide by the highest human rights standards and to be reviewed under the review mechanism during their term of membership;] [and according to criteria to be agreed upon.] 148. The Council shall submit an annual report to the General Assembly. September 6, 2005 DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 145. Pursuant to our commitment to further strengthen the United Nations human rights machinery, we decide to establish a standing Human Rights Council as a [subsidiary organ of the General Assembly] [principal organ] to be based in Geneva, in replacement of the Commission on Human Rights. [The General Assembly shall review and consider, within five years, [the functioning and effectiveness of the Council, including] whether the Council should be transformed into a principal organ.] 146. The Human Rights Council will be [the organ primarily] responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their universal, indivisible, inalienable and interrelated character and, inter alia, it will: Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards, including through the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of education, advisory services, technical cooperation and capacity buildings; Serve as a forum for dialogue on thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations [to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies] [to other United Nations bodies as appropriate]. The Council should also work in close cooperation with regional organizations in the field of human rights; [d) Periodically review the compliance by all States with all their human rights commitments and obligations under international law, including the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures begin carried out under the human rights treaties;] [e) Address any matters or situations related to the promotion and protection of human rights, including urgent or continuous human rights situations, make recommendations thereon to the Member States and provide policy recommendations to the United Nations system;] f) Assume and review the mandate, functions and special procedures of the Commission on Human Rights in order to preserve its strengths, as well as the arrangements and practices for NGO participation observed by the Commission on Human Rights under Article 71 of the Charter. 147. We request the President of the General Assembly to [conduct consultations with Member States] [conduct negotiations through a working group open to all Member States] [establish an open-ended working group open to all Member States] in order for the General Assembly to adopt during its sixtieth session, before [31 December 2005][28 February 2006], the mandates, modalities, functions, procedures, size, composition and working methods of the Human Rights Council and arrangements for the transition from the Commission to the Council, based, inter alia, on the following considerations: a) [The Council shall comprise between 30 and 50 members] [The size of the Council should be comparable to the current membership of the Commission of the Commission on Human Rights], each member serving for a period of three years, to be elected directly by the General Assembly by a [two-thirds] [simple] majority [and should not include any States subject to measures imposed under Article 41 or 42 of the UN Charter or the subject of a UN Security Council Commission of Inquiry or similar UN Security Council investigation of human rights violations]. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights; [(b) Those members elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council;] [(b) alt Members elected to the Council shall undertake to abide by the highest human rights standards and to be reviewed under the review mechanism during their term of membership;] c) The Council shall submit an annual report to the General Assembly. August 2005 Cuba…there is clearly no consensus on how the UN human rights machinery should be reformed…We support a neutral approach to the matter in the context of the draft outcome document of the High Level Plenary Meeting and to start direct negotiations of the issue during the 60th Session of the General Assembly. The delegation crossed out the entire Human Rights Council section and indicated that the following should replace it: We decide to create an Open-ended Working Group of the General Assembly to elaborate further on the issues of mandate, agenda, modalities, functions, procedures, working methods, composition of a possible future human rights body and arrangements for consultations with the non-governmental organizations. In this regard serious consideration should be given to all the proposals put forward for the reform of the United Nations human rights machinery. August 30, 2005 United States Human Rights Council 138. Pursuant to our commitment to give greater priority to human rights in the work of the UN and to strengthen the human rights machinery of the organization, we endorse the establishment of decide to establish a standing Human Rights Council, as a subsidiary organ of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly should all review within 5 years whether the Council should be transformed into a principal organ. 139. The Human Rights Council should will have the following mandates, size and composition: (a). It should will be the organ primarily responsible for promoting the universal respect for and, observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated character. The Council should all assume the mandate of the Commission on Human Rights and preserve its strengths, including the a system of special procedures, and also eliminate redundant or unnecessary entities such as the Subcommission for the Promotion and Protection of Human Rights. In particular, it should will: i. Serve as a forum for dialogue for thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; ii. Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards including through the provision of assistance by the Office of the High Commissioner for Human Rights to Member States, at their request through programmes of advisory services, technical cooperation and capacity building; iii. Promote effective coordination and the mainstreaming of human rights within the United Nations System, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other UN bodies. The Council should also work in close cooperation with regional organizations in the field of human rights; iv. Periodically review the fulfillment by all States of all their human rights obligations under international law. in particular under the United Nations Charter and the Universal Declaration of Human Rights. This procedure should will not duplicate the reporting procedures being carried out under the human rights treaties; v. Address any matters or situations related to the promotion and protection of human rights, specifically those related to including urgent or continuous human rights situations, and make recommendations thereon to the member States of the UN and provide policy recommendations to the UN system. (b) -The Council should all comprise between 30 to 50 members, each serving for a period of three years, to be elected individually and directly by the General Assembly, each by a two thirds majority and should not include any States subject to measures imposed under Article 41 or 42 of the UN Charter or the subject of a UN Security Council Commission of Inquiry or similar UN Security Council investigation of human rights violations. In establishing the membership of the Council, due regard should all be given to the principle of equitable geographical distribution and the contribution of member States to the promotion and protection of human rights. (c) Those elected to the Council should undertake to abide by human rights standard in their respect, protection and promotion of human rights, and should will be evaluated during their term of membership under the review mechanism, unless they have been recently evaluated within the last year before the start of their term in the Council. (d) The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under article 71 of the Charter should apply to the Council, as well as current practices observed in the Commission on Human Rights. (e) The Council shall should provide an annual report to the UN General Assembly. 140. We request the President of the General Assembly to conduct consultations with Members States in order to facilitate its adoption during its 60th session, before 31 December 2005, of the modalities, functions, procedures and working methods of the Human Rights Council, and transitional arrangements from the Commission to the Council as well as the composition of the proposed Human Rights Council. August 17, 2005 United States Human Rights Council 138. Pursuant to our commitment to give greater priority to human rights in the work of the UN and to strengthen the human rights machinery of the organization, we endorse the establishment of [deleted: decide to establish] a standing Human Rights Council, as a subsidiary organ of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly should [deleted: all] review within 5 years whether the Council should be transformed into a principal organ. 139. The Human Rights Council should [deleted: will] have the following mandates, size and composition: (a). It should [deleted: will] be the organ primarily responsible for promoting the universal respect for and, observance and protection of all human rights and fundamental freedoms [deleted: for all] without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated character. The Council should [deleted: all] assume and review the mandate of the Commission on Human Rights and preserve its strengths, including [deleted: the] a system of special procedures. In particular, it should [deleted: will]: i. Serve as a forum for dialogue for thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; ii. Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards including through the provision of assistance by the Office of the High Commissioner for Human Rights to Member States, at their request through programmes of advisory services, technical cooperation and capacity building; iii. Promote effective coordination and the mainstreaming of human rights within the United Nations System, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other UN bodies. The Council should also work in close cooperation with regional organizations in the field of human rights; iv. Periodically review the fulfillment by all States of all their human rights obligations under international law [deleted: in particular under the United Nations Charter and the Universal Declaration of Human Rights]. This procedure should [deleted: will] not duplicate the reporting procedures being carried out under the human rights treaties; v. Address any matters or situations related to the promotion and protection of human rights, including urgent or continuous human rights situations, and make recommendations thereon to the member States of the UN and provide policy recommendations to the UN system. (b) The Council should [deleted: all] comprise [deleted: between] 30 [deleted: to 50] members, each serving for a period of three years, to be elected individually and directly by the General Assembly, each by a two thirds majority and should [deleted: will] not include any States subject to measures imposed under Article 41 or 42 of the UN charter or the subject of a Un Security Council Commission of Inquiry or similar UN Security Council investigation of human rights violations. In establishing the membership of the Council, due regard should [deleted: all] be given to the principle of equitable geographical distribution and the contribution of member States to the promotion and protection of human rights. (c) Those elected to the Council should undertake to abide by human rights standard in their respect, protection and promotion of human rights, and should [deleted: will] be evaluated during their term of membership under the review mechanism, unless they have been [deleted: recently] evaluated within the last year before the start of their term in the Council. (d) The arrangements made by the Economic and Social Council for consultation with non-governmental organizations under article 71 of the Charter should apply to the Council, as well as current practices observed in the Commission on Human Rights. (e) The Council should [deleted: shall] provide an annual report to the UN General Assembly. 140. We request the President of the General Assembly to conduct consultations with Members States in order to facilitate its adoption during its 60th session, before 31 December 2005 [deleted] of the modalities, functions, procedures and working methods of the Human Rights Council, and transitional arrangements from the Commission to the Council as well as the composition of the proposed Human Rights Council. August 10, 2005 DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 139. Pursuant to our commitment to give greater priority to human rights in the work of the United Nations and to strengthen the human rights machinery of the organization, we decide to establish a standing Human Rights Council as a subsidiary organ of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly shall review within five years whether the Council should be transformed into a principal organ. 140. The Human Rights Council will have the following mandate, size and composition: (a) It will be the organ primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated character. The Council shall assume the mandate of the Commission on Human Rights and preserve its strengths, including the system of special procedures. In particular it will: (i) Serve as a forum for dialogue on thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; (ii) Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards, including through the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation and capacity-building; (iii) Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies. The Council should also work in close cooperation with regional organizations in the field of human rights; (iv) Periodically review the fulfilment by all States of all their human rights obligations, in particular under the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties; (v) Address any matters or situations related to the promotion and protection of human rights, including urgent or continuous human rights situations, make recommendations thereon to the Member States and provide policy recommendations to the United Nations system; (b) The Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly by a two-thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights; (c) Those members elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council; (d) The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Council as well as current practices observed in the Commission on Human Rights; (e) The Council shall submit an annual report to the General Assembly. 141. We request the President of the General Assembly to conduct consultations with Member States in order to adopt during its sixtieth session, before 31 December 2005, the modalities, functions, procedures and working methods of the Human Rights Council and arrangements for the transition from the Commission to the Council. August 5, 2005 DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 138. Pursuant to our commitment to give greater priority to human rights in the work of the UN and to strengthen the human rights machinery of the organization, we decide to establish a standing Human Rights Council, as a subsidiary organ of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly shall review within 5 years whether the Council should be transformed into a principal organ. 139. The Human Rights Council will have the following mandates, size and composition: (a). It will be the organ primarily responsible for promoting the universal respect for and, observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated character. The Council shall assume the mandate of the Commission on Human Rights and preserve its strengths, including the system of special procedures. In particular, it will: i. Serve as a forum for dialogue for thematic issues on all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; ii. Promote international cooperation to enhance the abilities of Member States to implement human rights commitments and international norms and standards including through the provision of assistance by the Office of the High Commissioner for Human Rights to Member States, at their request through programmes of advisory services, technical cooperation and capacity building; iii. Promote effective coordination and the mainstreaming of human rights within the United Nations System, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other UN bodies. The Council should also work in close cooperation with regional organizations in the field of human rights; iv. Periodically review the fulfillment by all States of all their human rights obligations, in particular under the United Nations Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties; v. Address any matters or situations related to the promotion and protection of human rights, including urgent or continuous human rights situations, and make recommendations thereon to the member States of the UN and provide policy recommendations to the UN system. (b) The Council shall comprise between 30 to 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of member States to the promotion and protection of human rights. (c) Those elected to the Council should undertake to abide by human rights standard in their respect, protection and promotion of human rights, and will be evaluated during their term of membership under the review mechanism, unless they have been recently evaluated before the start of their term in the Council. (d) The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under article 71 of the Charter shall apply to the Council, as well as current practices observed in the Commission on Human Rights. (e) The Council shall provide an annual report to the UN General Assembly. 140. We request the President of the General Assembly to conduct consultations with Members States in order to adopt during its 60th session, before 31 December 2005, the modalities, functions, procedures and working methods of the Human Rights Council, and transitional arrangements from the Commission to the Council. August 2, 2005 United States (1) A smaller, more effective Human Rights Council, elected by a two-thirds majority of the General Assembly with due consideration of any potential Council member's commitment to human rights. The legitimacy of such a council depends upon more credible membership than exists with the current Commission on Human Rights. There should be clear, objective criteria for membership. For example, countries under UN sanctions should not be considered for membership. A peer review mechanism must include elected members within a year of election and must focus on the most acute cases of human rights abuse. We need a mandate, which serves to improve the freedom and human dignity of people on the ground. The Council should have a manageable membership of not more than 30 countries. The Council should be action-oriented, focused on helping countries meet existing international standards and on improving human rights conditions on the ground, especially in situations of serious or persistent human rights abuses. Along with increased regular budget funding for the Office of the High Commissioner for Human Rights, which will allow for practical action to assist nations to improve human rights, these steps will restore credibility to the UN's human rights machinery and bring the UN closer to its Charter responsibilities. August 1, 2005 Non-Aligned Movement 2. The Movement affirms the continued validity and relevance of its comments and proposals on Cluster V that were submitted to you and your Facilitators on 11 July 2005 and that this statement should be read in conjunction with those comments and proposals. In keeping with your request, I shall limit my intervention on this Cluster of the draft outcome document to the sub-section on Human Rights Council. NAM has noted the discussions on and interests in advancing the establishment of the Human Rights Council. NAM is still studying carefully and considering the proposed elements contained in paragraphs 130 through 132 of the draft outcome document concerning this question. We hope to conclude our study and consideration of this proposal soon. At this preliminary juncture, NAM is considering on a provisional basis the following three elements: First, addressing the systemic question of abolishing the Commission on Human Rights, which is established by the ECOSOC, and replacing the Commission with such Human Rights Council or body, which is envisaged to be established by the General Assembly, bearing in mind the relationship among the principal organs of the UN and their role and competencies as enshrined in the Charter. Secondly, ensuring that the mandate and terms of reference, modalities, structure and membership, among others, of such Human Rights Council or body, if established, would be consistent with the purposes and principles of the Charter, the Universal Declaration on Human Rights, the Vienna Declaration and Programme of Action, and relevant international treaties and conventions. Finally, ensuring that the size of and criteria for membership in such Human Rights Council or body, if established, would be consistent with the purposes and principles of the Charter, in particular the principle of equitable geographical distribution, and that the methods of elections thereof would be consistent with the relevant resolutions and Rules of Procedure of the General Assembly. 3. The Non-Aligned Movement will be submitting separately to you, Mr. President, our specific comments, ideas and proposals concerning Cluster V on Strengthening the United Nations. We hope that these would assist you in your efforts in finding consensus on the draft outcome document. Cuba Human Rights Council In paragraph 130 we propose to eliminate the last sentence for it seems to prejudge future debates on this issue and it also reinforce the position of those Member States interested in unbalancing the way this Organization tackles all socio-economic topics that interest the International Community. We consider that the formulations enshrined in paragraph 131 would guarantee the prolongation in time of contradictions and the loss of credibility of the current Commission on Human Rights. Thus, we propose to eliminate this paragraph and include in paragraph 132 a reference to the need of Member States to negotiate during the 60 UNGA the details for the creation of the Human Rights Council, including the issues related to its mandate, size and composition. Mr. President, I'd like to make a brief reflection on the section related to the Human Rights Council. We think the drafters of this new version of the draft outcome document disregarded some amendment proposals especially, as expected, those of a group of delegations, including ours; for these proposals disturb the interests of those self-elected human rights inquisitor judges and proprietor of the reform of the Human Rights Council. Some cosmetic changes that do not change the idea of creating an elite group of inquisitors are introduced in the language regarding the proposed Human Rights Council -- promoted by those responsible for the discredit and political manipulation of the works of the CHR and especially by those who torture and murder innocent civilians on the name of false freedom. Cuba, will not participate in the conspiracy to totally destroy the international system for the promotion and protection of all human rights for all peoples. Cuba timely presented some proposals, faced by the new selectivity being attempted to impose, that intended to create a new body, no matter its name, with higher democracy standards, where some of the geographical inequalities would be corrected, for these have undermine the Commission on Human Rights for years. The new version of your document, Mr. President, should have had at least a sort of compilation of proposals received, for it is already know that there is no current consensus to take a final decision regarding the reform of then CHR. As our opinions have been antidemocratically unheard, we have here today at your disposal copies of a possible draft resolution elaborated by the delegation of Cuba as a contribution to the debate. We would like to make clear that we are convinced this issue shall be negotiated in details during the 60 UNGA in order reach consensus among all Member States. We reiterate that the CHR needs to be re-founded so it may face the challenges and higher objectives which motivated its foundation. The credibility crisis the Commission faces is not resulting either from its structure or its proceedings. The nature of the problems affecting the CHR is essentially political. It is urgent to overcome double standards affecting its work. Nevertheless, the political manipulation of the works of CHR or the body succeeding it; is not a matter that could be overcome by decree or through ¨magic¨ proposals. New concrete alternatives to facilitate impartial and objective treatment for situations in countries are needed, for this is the agenda item where the most evident double standard and political manipulation examples are shown. July 28, 2005 European Union Human Rights Council --The EU believes that the Human Rights Council is a core reform proposal of the September Summit. If we fail to deliver on improving the UN's approach to human rights, the progress we make in the areas of development and security will be severely limited. Establish the Human Rights Council as a main free-standing Charter body, linked to the General Assembly - meeting throughout the year, reflecting, at the institutional level, the centrality and universality of human rights, as well as the concern to place them on the same footing as development, peace and security. ---The Council must be able to address urgent human rights situations swiftly and effectively. --Pending a decision the General Assembly might take on the establishment of such a body, the Human Rights Council should be established now as a subsidiary body of the General Assembly, thus creating a link with a universal body. --We welcome the proposal to finalise arrangements on modalities by the end of this year and that the GA should later review the status of the Council. Human rights mainstreaming: --The EU believes that human rights issues are relevant to all aspects of the UN's work. We strongly support the call for human rights mainstreaming throughout the system. --To play a leading role in this process, the Office of the High Commissioner for Human Rights and its field offices should be strengthened; and EU strongly endorses the proposal to double funding for OHCHR over the next five to six years, including through an increased share of the regular budget. --The High Commissioner will then be better able to further develop mainstreaming efforts through strengthened engagement with all relevant UN bodies, including the Security Council. The present mandate arrangements are adequate, and the High Commissioner should be encouraged to further them. We believe there is a link between the Council and human rights mechanisms. Conflict is invariably proceeded by a period of increasing violations of human rights. --Mr President, this cluster includes issues of key import to individuals, to greater practical respect for human rights, and to the reputation of the United Nations. The Summit should take the necessary decisions and previous debates justify including decisions on issues which have been adequately discussed but which I have not mentioned today. July 22, 2005 DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 130. Pursuant to our commitment to give greater priority to human rights in the work of the United Nations and to strengthen the human rights machinery of the organization, we decide to establish a standing Human Rights Council as a subsidiary organ of the General Assembly to be based in Geneva, in replacement of the Commission on Human Rights. The General Assembly shall review within five years the question of whether the Council should be transformed into a principal organ. 131. The Human Rights Council will have the following mandate, size and composition: (a) It will be the organ primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated character. To carry out this mandate, the Council shall assume and review all the functions of the Commission on Human Rights and preserve its strengths, including the system of special procedures. In particular it will: (i) Serve as a forum for dialogue on thematic issues relating to all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; (ii) Promote international cooperation to enhance the abilities of Member States to implement human rights commitments, including international norms and standards, and the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation and capacity-building; (iii) Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies. The Council should also work in close cooperation with regional organizations in the field of human rights; (iv) Evaluate the fulfilment by all States of all their human rights obligations, in particular under the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties; (v) Address any matters or situations related to the promotion and protection of human rights, including urgent human rights situations, and make recommendations thereon to the Member States and provide policy recommendations to the United Nations system; (b) The Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two-thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights; (c) Those elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights, and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council; (d) The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Council; (e) The Council shall submit an annual report to the General Assembly. 132. We request the President of the General Assembly to conduct consultations with Member States in order to adopt during its sixtieth session, before 31 December 2005, the modalities, functions, procedures and working methods of the Human Rights Council and arrangements for the transition from the Commission to the Council. July 1, 2005 Malaysia Human Rights Council 29. Malaysia strongly recognizes the need to strengthen the human rights component in the work of the United Nations. Given that there are still a number of different views on how and what shape the reformed human rights body should take, we believe that it would be more prudent at this juncture for our leaders to make a principled decision on the need to reform the UN human rights machinery. Pending a decision on possible changes in the status of the Commission on Human Rights, the General Assembly could elaborate further on the specifics of a possible future human rights body. June 30, 2005 Egypt To that effect, we agree on the need to reform the human rights machinery to overcome its functional problems and the problems of politicization and double standards. The establishment of a human rights council as a subsidiary body of the General Assembly to substitute the Commission on Human Rights would require a clear assertion that the reform of the Commission would not lead to the desired result. We can reach this conclusion when we reach agreement through negotiations on an acceptable framework for the functioning, scope, mandate, decision making mechanism and means of electing members to this suggested body. Furthermore, a clear delimitation will be essential for the boundaries between such a body and the Third Committee as the main body dealing with human rights issues within the General Assembly. Early July 2005 (between 6/8/2005 and 7/22/2005) DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 116. Pursuant to our commitment to give greater priority to human rights in the work of the United Nations and to strengthen human rights machinery of the organization, we decide to elevate the commission-on Human Rights to a standing Human Rights council as a subsidiary organ of the General Assembly based in Geneva, pending a decision that the Assembly might take on the establishment of a main Charter body reflecting the centrality of human rights in the United Nations system' 117. We therefore decide that: --The members of the Council shall be elected directly by the General Assembly, by a two thirds majority, due regard being specially paid to equitable geographical distribution and to their contribution to the promotion and protection of human rights' Those elected to the council should undertake to abide by the highest standards in their respect, protection and promotion of human rights. The size of the council should be relatively comparable to that of the Commission on Human Rights --The Council shall discuss any matters or situations related to the promotion and protection of human rights and make recommendations thereon to the Member States of the United Nations and provide policy recommendations to the United Nations system through the General Assembly --The Council shall fulfill its responsibility on the basis of the principle that all human rights are universal, indivisible, interdependent and interrelated and must be treated in a fair and equal manner --The Council shall provide assistance to Member States through programmes of advisory services, technical cooperation and capacity-building in order to enhance their own abilities to implement human rights commitments, including international norms and standards. it shall also promote effective coordination and the mainstreaming of human rights within the United Nations system. It shall also work in close cooperation with regional organizations in the field of human rights --The Council shall have the ability to periodically review the fulfillment of all human rights obligations of all Member States [through a peer review mechanism] --The arrangements made by the Economic and Social Council for consultations with Non-governmental organizations under Article 71 of the Charter shall apply to the Human Rights Council --The Human Rights Council shall preserve the strengths of the Commission on Human Rights, including the system of special procedures 118. We mandate the General Assembly to elaborate further in order to adopt during its sixtieth session the modalities, functions, procedures and working methods of the proposed Human Rights Council as well transitional arrangements from the Commission to the Council. June 22, 2005 United States Human Rights The protection of human rights is one of the United Nations' most solemn duties, a Charter responsibility that should be a source of hope to millions of oppressed people throughout the world. Unfortunately, the UN Commission on Human Rights as currently constituted, where countries with records of serious human rights abuses like Zimbabwe and Cuba sit in judgment of democratic countries, casts a shadow on the work of the Commission and seriously harms its reputation and effectiveness. We support the creation of a UN mechanism such as the proposed Human Rights Council that effectively addresses the most serious human rights situations. A smaller body is needed for more efficiency and less politics; 20 members would be ideal. We believe that members of the new Council should have a solid record of commitment to human rights and should not include serious human rights abusers. This is not a pass/fail test, but a guideline that UNGA members should keep in mind when they cast their votes to elect members of the Council, and a message that all countries and the UN leadership should emphasize. Candidates/members of the Council should recommit themselves to the principles of the UN Declaration of Human Rights. Seats should be filled through elections with regional allocations. Candidates would have to secure a two-thirds majority vote as suggested in the SYG's recommendation to be elected and they should be eligible for re-election. The Council can vote to remove members that fall out of compliance with these criteria after election. No country should serve on the Human Rights Council if it is subject to sanctions imposed by the Security Council. The Council’s mandate should empower it to take effective action to deal with the most egregious human rights violations and crises. The Human Rights Council should not compete with the UN Security Council. A division of labor between the Human Rights Council and the General Assembly's Third Committee -- or, as the United States Government has proposed, a universal-membership ECOSOC replacing the Second and Third Committees -- should be implemented. The universal body, which is not standing year-round, might best deal chiefly with thematic and norm-setting issues, while the standing council can deal with pressing situations of human rights abuse. On a technical note, the U.S. believes that a smaller, efficient, standing Council could better coordinate urgently needed technical assistance to the countries that need it most, in order to improve a human rights situation or prevent a human rights emergency. We also believe that the Office of the High Commissioner for Human Rights (OHCHR) continues to be woefully under-funded and the U.S. Government will fully support the steady increase of Regular Budget funding for it. June 21, 2005 European Union 23. The EU has been, is and will be a strong advocate for the centrality and the mainstreaming of human rights issues throughout the UN system. The guarantee of human security and the protection of human rights and the rule of law go hand in hand, on a national, international and institutional level. 24. The EU calls for a strengthening of the OHCHR and of the role of the High Commissioner, taking guidance from the plan of action that the High Commissioner published recently. It is incumbent upon us to provide the OHCHR with resources that are commensurate to its tasks. This necessitates a significant increase in the proportion that the OHCHR receives financial resources from the regular budget. 25. The EU favors to establish the Human Rights Council as a main freestanding Charter body of the UN, linked to the General Assembly, reflecting, at the institutional level, the centrality and universality of human rights, and the EU’s concern to put human rights on the same footing as issues of development and of peace and security. Pending a decision the General Assembly might take on the establishment of such a body, the HRC should be established as a subsidiary body of the General Assembly, thus creating a link with a universal body. A Human Rights Council, whose membership is elected at a two thirds majority of the General Assembly on the basis of equitable geographic representation, will gain in status and legitimacy. An equitable peer review mechanism could be established. The Human Rights Council should address urgent human rights violations in an effective manner and promote the mainstreaming of human rights, while maintaining the main tasks of the CHR. 26. We do not need to reinvent the wheel. Central features of the CHR, such as the special procedures and the very positive participation of NGOs as well as national human rights institutions in the proceedings of the CHR, are to be maintained and further strengthened. 27. The EU strongly supports the emphasis put on the fight against impunity in the outcome document and reaffirms its firm support for the International Criminal Court (ICC). China Thirdly, China agrees to and supports the reform of the human right institution of the UN. The key is to change the current politicization of human rights issues, do away with double standards, promote cooperation and dialogue and strengthen the capacity building of countries in the field of human rights. China supports the High Commissioner for Human Rights in playing an active role in the UN system according to his/her mandate. The Office of the High Commissioner should enhance efficiency and rationalize resources, and its composition should reflect the principle of equitable geographical distribution. As to the Democracy Foundation, we hope that the Secretary-General provide explanations as to its source, rules and regulations governing its use and ways of assessment so as to facilitate our discussion. June 21, 2005 Non-Aligned Movement iii. The Ministers endorsed and reiterated the Movement's positions concerning efforts to strengthen the United Nations, including the revitalization of the work of the General Assembly, reform of the Security Council, reform of the Economic and Social Council, reform of the Secretariat, and the proposed establishment of the Human Rights Council and the Peacebuilding Commission, which have been conveyed during the process of consultations convened by the President of the 59th Session of the General Assembly in the context of preparations for the High-Level Plenary Meeting. Cuba As regards the proposed Human Rights Council, especially promoted by those who have been responsible for the discredit and the political manipulation of the works of the Commission on Human Rights and particularly by those who torture and murder innocent civilians on behalf of a false freedom, before taking a decision in this regard a broad and inclusive process shall be opened to analyze the different proposals that Member States have been submitting for the creation of a body that, no matter the name it might take, has a higher level of democracy, real equitative geographical representation and clear moral which has been absent from the Commission on Human Rights during years. The creation of a new body would make no sense, if we do not devoid it from politicization, double standards, confrontation, lack of cooperation and unbalance in the treatment of the different human rights categories imposed on the works on the Commission on Human Rights by the great western powers. The new body's membership should not be further restricted and shall tend to its universalization. The imposition of new requirements for the election of this body's members, such as the necessity to reach the two thirds of the votes of UN Member States, would turn it into a privilege for the great powers and the countries with great financial and human resources. June 21, 2005 Iran Seventh, on Human Rights A pertinent question arises whether the proposed Human Rights Council would be able to rectify the present shortcomings of the UN human rights machinery, or would it simply add to the atmosphere of mistrust and crisis of confidence that have afflicted the entire human rights system over the past several decades. Moreover, even if the proposed Human Rights Council is to be created as a subsidiary organ of the General Assembly, then the requirement of a two-third majority for election of its members, as proposed in the draft, would be a departure from the procedure established by the Charter, which requires the members of the subsidiary organs of the General Assembly to be elected by a simple majority. June 21, 2005 United Kingdom The Secretary General’s report In Larger Freedom clearly sought to establish the protection and promotion of human rights, along with development and security as one of the core purposes of the United Nations. Mr President, this level of ambition is not yet reflected in the Summit outcome. By September, we should have clearly agreed to establish the Human Rights Council as a main free standing Charter body, linked to the GA, that has the ability to address human rights violations on the ground and with strong working inter-relationships with the rest of the UN system. We should also have clearly set out the means by which human rights can be more effectively mainstreamed into the work of the UN across the board, particularly through enhancing the links between a reinforced OHCHR and other parts of the UN system, including the Security Council. June 8, 2005 DRAFT CIRCULATED BY GENERAL ASSEMBLY PRESIDENT Human Rights Council 87. Recognizing the need to give greater priority to human rights in the work of the United Nations, we decide to elevate the Commission on Human Rights to a standing Human Rights Council as a subsidiary organ of the General Assembly based in Geneva, pending a decision that the Assembly might take on the establishment of a main Charter body reflecting the centrality of human rights in the United Nations system. 88. We therefore decide that: • The members of the Council shall be elected directly by the General Assembly, by a two thirds majority on the basis of equitable geographic representation, and be comparable in size to the Commission on Human Rights • The Council shall discuss any matters or situations related to the promotion and protection of human rights and make recommendations thereon to the Member States of the United Nations and provide policy recommendations to the United Nations system through the General Assembly • The Council shall fulfil its responsibility on the basis of the principle that all human rights are universal, indivisible, interdependent and interrelated and must be treated in a fair and equal manner • The Council shall have the ability to periodically review the fulfilment of all human rights obligations of all Member States • The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Human Rights Council • The Human Rights Council shall preserve the strengths of the Commission on Human Rights, including the system of special procedures 89. We mandate the General Assembly to elaborate further in order to adopt during its sixtieth session the modalities, functions, procedures and working methods, as well as the composition, of the proposed Human Rights Council. June 7, 2005 China 4. Human rights China is in favour of and supports the reform of UN human rights bodies. The essence of the reform is depoliticizing human rights issues, rejecting double standards, reducing and avoiding confrontation and promoting cooperation, so as to gear more resources to human rights technical cooperation projects and countries' human rights capacity building. Equal importance should be given to the economic, social and cultural rights on the one hand and the civil and political rights on the other. Emphasis on one category of human rights to the neglect of the other should be redressed. The UN Commission on Human Rights has played an important role in the area of international human rights. Its role and contribution should not be denied. The UN human rights bodies must abide by the principle of equitable geographical distribution in their composition to ensure broad representation. To have a small Human Rights Council to replace the Commission may not possibly overturn the serious credit deficit in the human rights area. It is necessary to conduct serious discussions on ways to improve the work of UN human rights agencies. China agrees to the global programme to equip United Nations inter-agency country teams to work with Member States to bolster their national human rights promotion. The country teams should respect the sovereignty and laws of Member States, give full consideration to the actual needs of Member States in the human rights area and take the capacity building of Member States as the objective. An annual report on the work of the country teams should be submitted for the deliberations of Member States. China supports the High Commissioner for Human Rights in playing a more active role in the UN system within his/her term of reference. The Security Council and the proposed Peacebuilding Commission can invite, if needed, the High Commissioner to participate in relevant deliberations. The Office of the High Commissioner for Human Rights should be granted adequate resources to strengthen its capability to perform its functions. Meanwhile, its funds should be used more efficiently. The composition of the Office of High Commissioner for Human Rights should better reflect the principle of geographical equality so as to win broader support of member states. China is in favour of reforming the current reporting and reviewing system so as to avoid redundancy of various treaty bodies' work and lighten the burden on Contracting Parties. A working code should be formulated for treaty bodies to strengthen communication and dialogue with Contracting Parties. May 2, 2005 Indonesia On the issue of a human rights body, Mr. Facilitator, my delegation would like to thank the Secretary-General concerning his clarification of his proposal for a Human Rights Council with a smaller, selective membership, to take over the mandate of the Commission on Human Rights. His elaboration indicates that the work of the proposed Council would include a Peer Review mechanism. In our view, it might be difficult to expect developing nations to be enthusiastic about this proposal. First of all, rather than reduce the politicization problem which afflicts the existing Commission, the Council is certain to result in the exclusion of more countries from the decision-making process, and therefore end up not being more credible and effective than the Commission. Beyond this, the proposal of a Peer Review raises further questions. These include the sheer enormity of the work that the Council would be burdened with, concerning the individual review of over 190 Member States; a set of criteria for the review that would be satisfactory to the total membership; and ensuring that the process is not politicized. In light of these questions, my delegation believes that it might be better to reform the Commission so as to realign and re-energize it, than to abandon it completely for a new body that might be unworkable from the beginning. In this regard, we look forward to the report of the open-ended working group, established by the last session of the Commission, to address this issue. May 2, 2005 Iran 4. We share the Secretary General’s feeling on the “declining credibility and professionalism” of the Human Rights Commission. This unfavorable situation is indeed the product of politicization of the Commission’s work by certain group of countries through application of gross selectivity and double-standards. A pertinent question arises whether the proposed human rights council would be able to rectify the shortcomings of the Human Rights Commission. The answer, in our view, is not affirmative. The problem underlying the Commission on Human Rights is not the size of its membership, or its heavily-loaded agenda, or even its inability to fulfill its important mandate. The members of the Commission are elected on the established election criteria and procedures of the Organization. The smaller membership of the proposed Human Rights Council will certainly deprive the large majority of the Organization from participating in and contributing to the UN human rights machinery. We are extremely hesitant that the proposed Council with a limited membership, if established, would guarantee to remedy the shortcomings of the present Commission by avoiding politicization, application of double-standards and selectivity in its work. We feel that it may even further marginalize the developing countries in yet another important forum within the UN. In fact, this deficiency can be cured through appropriate process of reform and revitalization of the Commission to be undertaken by Member States, without necessarily replacing it with a new body. April 28, 2005 Cuba On the other hand, Cuba reiterates that the Commission on Human Rights (CHR) has lost credibility due to political manipulation, selectivity, politicization, double standards, blackmails and hypocrisy that a group of developed countries show in their works. The creation of the Human Rights Council, with an even more reduced membership, will create even more favorable conditions so that the body entitled to foster cooperation in terms of human rights is used as private property of the powerful and inquisitive tribunal to condemn Southern countries. This would eliminate the Third Committee of the General Assembly, the only body of universal composition exercising sovereign equality of States in the consideration of human rights. Additionally, when separating the CHR from the Economic and Social Council the consideration of economic, social and cultural rights is weakened, the mere existence and recognition of this type of right is questioned once again and the principle acknowledging the universal, interdependent and interrelated nature of all human rights is set aside. April 28, 2005 South Africa The Secretary-General has been very convincing in his argument that there can be no security without development and neither security nor development without the respect for all human rights. He has also reminded us that human rights are fundamental to the poor as well as to the rich. We believe that reforms are long overdue for the human rights machinery of the United Nations to work in an impartial and objective manner. We note with interest the proposal for the creation of a Human Rights Council and welcome the explanatory note provided by the Secretary-General on this matter. Our belief is that it would be important that such a Human Rights Council make a difference to the protection of human rights throughout the world. The Secretary-General is correct when he states in his explanatory note that the Commission on Human Rights in its current form has some notable strengths and proud history, but its ability to perform its tasks has been overtaken by new needs, and undermined by the politicization of its sessions and the selectivity of its work. And regarding the universal protection of human rights we also hope that the Human Rights Council must live up to the words of the Secretary-General when he told the Commission on Human Rights on 7 April 2005 that equal attention will be given to civil, political, economic, social and cultural rights as well as the right to development. We look forward to engaging further with other delegations on critical issues such as membership and size of this important body. April 27, 2005 European Union 17. The EU agrees on the need to guarantee that human rights have the central and equal place assigned to them in the Charter. To that end the UN structure for the promotion and protection of human rights should be strengthened and upgraded. The EU thanks the Secretary-General for his explanatory note on the proposed creation of a standing Human Rights Council and is looking forward to further discussing the creation of such a body. 18. Consistent with its mandate, such a new structure should benefit from an increased legitimacy that could be obtained by electing its members by a two thirds majority of the members of the General Assembly. That would also strengthen the accountability of its members. The peer review mechanism, as proposed by the Secretary-General, deserves further study, especially the role that the OHCHR could play in that regard. The EU has consistently supported the view that accountability of all States is necessary. The composition of the proposed Council should also be studied carefully. 19. The EU is of the view that the valuable aspects of the acquis of the present system should be safeguarded, including the ability to address specific country situations. Likewise, special procedures should be preserved and strengthened. In that regard, we would like to stress that the place of non member states as well as of civil society in the field of human rights should be preserved. The new structure should also keep the ability to address serious human rights situations and to take action accordingly. 20. As a general point, the EU underlines that closer linkages between the main UN organs should be established to promote synergy among their different fields of action. The EU supports as well a strong linkage between ECOSOC and the Peacebuilding Commission, proposed in the Secretary-General’s report and explanatory note, ensuring that ECOSOC highlights the medium and long-term economic, social and environmental dimensions of post-conflict situations. In order to do so, its agenda needs to become more flexible, allowing for timely meetings and discussions of relevant issues. China China favors and supports reform of the UN human rights machinery. In this reform, the prescription needs to be matched to the diagnosed malaise. It should focus on depoliticizing human rights questions, reducing confrontation and promoting cooperation so that more resources can be devoted to projects of technical cooperation and of national capacity-building in human rights. China believes that in its 60 years of existence, the Commission on Human Rights has been playing an important role in the field of international human rights; its role and contribution must not be dismissed lightly. Whether replacing the Commission on Human Rights with a smaller standing Human Rights Council can indeed correct the serious credibility deficit in the human rights field or make members of human rights bodies more accountable and more representative remains a question mark in the minds of many. Further earnest discussions are needed on this question. April 27, 2005 Non-Aligned Movement Proposed Human Rights Council 12. The Non-Aligned Movement takes note of the proposal advanced by the Secretary-General in paragraphs 181 until 183 concerning the Human Rights Council. NAM also takes note of his subsequent explanatory note dated the 14th of April 2005 on this proposal. At this juncture, NAM wishes to offer its comments as follows:- --First, the human rights agenda of the UN should be addressed through the Commission on Human Rights in a fair and balanced manner, taking into account in particular of the need to ensure equal treatment of both civil and political rights as well as economic, social and cultural rights. In this connection, NAM maintains that the Commission remains relevant in the promotion and protection of all human rights. --Secondly, NAM acknowledges that there are some shortcomings in the performance of the Commission of Human Rights in attaining the full realization of its mandate – just like many other UN bodies. These shortcomings could be addressed through the appropriate process of reform and revitalization of the Commission to be undertaken by Member States, without necessarily replacing the Commission with another UN organ or body. The recent decision adopted by the 61st Session of the Commission on the 22nd of April 2005 on this question would be a move in the right direction. We believe that the outcome of the work by the Open-Ended Working Group of the Commission will immensely enrich and assist efforts toward improving the effectiveness of human rights machineries of the UN. In this connection, NAM is committed to work with other Member States within the process of reform and revitalization of the Commission with a view to contributing to the intergovernmental deliberations on the proposed reform of the UN in the General Assembly, as well as towards adapting the Commission to current and future needs in accordance with its responsibility to promote and protect human rights. --Thirdly, the major obstacle to the Commission on Human Rights in fulfilling its role, with full objectivity and in conformity with the principles and norms envisaged in the UN Charter, is due to the tendency by some of its members to politicize the forum by primarily applying double standards and selectivity in its work. The Secretary-General has recognized this factor when he addressed the 61st Session of the Commission earlier this month. --Fourthly, NAM underlines that any initiative to further reform and revitalize the UN human rights machinery should be approached with a view to removing confrontational approaches, exploitation of human rights for political purposes and selective targeting of individual countries for extraneous considerations, which are contrary to the principles and purposes of the UN Charter. --Fifthly, NAM cannot concur with the notion that the composition of the Commission on Human Rights, whose members were elected based on established election procedures of the Organization, is a contributive factor to the problem of its “declining credibility and professionalism”. The smaller membership of the proposed Human Rights Council will not guarantee the reduction in the politicization and application of double standards and selectivity in the work of the Commission. Rather, it could generate an increase in the tendency for greater politicization, greater application of double standard and selectivity, and will significantly lessen the opportunity of Member States to participate in and contribute toward issues and developments on human rights and fundamental freedoms. --Sixthly, NAM wishes to caution that the proposed Human Rights Council, with an envisaged limited membership, might result in the lack of transparency in the work of the UN in the field of human rights and fundamental freedoms. As such, NAM would appreciate receiving clarification on the modalities concerning the Council’s membership and additional justification on how the Council will strengthen the work of the UN in the field of human rights and fundamental freedoms in place of the existing Commission on Human Rights. --Seventhly, the coordination of human rights activities must be carried out by UN organs, bodies, programmes and specialized agencies, whose activities deal with human rights, so as in a co-operative fashion in order to strengthen, rationalize and streamline those activities, taking into account the need to avoid duplication. --Finally, the impact of the proposed Council on the work and agenda of the Third Committee of the General Assembly must be seriously considered. United Kingdom Mr Chairman, the UK is convinced that action is needed to put human rights back at the centre of UN work, as the Charter intended. We therefore strongly welcome and endorse the Secretary General's emphasis on improving the UN human rights machinery. The proposal to replace the Commission on Human Rights with a standing Human Rights Council is bold and welcome. We very much support a change of emphasis from standard setting toward implementing human rights. We welcome efforts towards depoliticising human rights. We need a credible standing body of states committed to promoting and protecting human rights, able to deal effectively with human rights issues, and with strong links to the UN's other organs. Its members must be countries who have shown real commitment to promoting and protecting human rights. This is clearly not always the case today. The Secretary-General has made other useful proposals to improve UN human rights machinery. The Treaty Monitoring Bodies are victims of the success of the standard setting era. They can no longer cope with the workload, and need reform. The Office of the High Commissioner is similarly overburdened and under-resourced. We therefore endorse the SG's call for it to be better funded. April 8, 2005 Cuba Human Rights issues are narrowly analyzed in the Report, and it is intended to relegate States' role to create the conceptual base to justify interventions and violations of their sovereignties. The Commission on Human Rights (CHR) has lost prestige on account of political manipulation, selectivity, politicization, double standards, blackmailing and hypocrisy evident in the work of a group of developed countries which are moved by the sole objective of implementing their own political interest. Nevertheless, instead of recommending a real democratization of the Commission and advocating for greater transparency in their works, the Secretary General's Report resorts to propose the creation of a Human Rights Council, with more reduced membership to create more favorable conditions so that the body entitled to assure cooperation in human rights is used as private property of the powerful ones and the inquisitor tribunal to condemn Southern countries, especially, those actively opposing their neocolonial domination strategy. The strategy of those supporting this approach is clear: to eliminate the Third Committee of the UNGA, which is a body of universal composition an where sovereign equality is truly practiced among Member States in the consideration of human rights within the general context of social, cultural and humanitarian issues. Additionally, when separating the CHR from the Economic and Social Council, the consideration of economic, social and cultural rights is weakened, the mere existence and recognition of these rights is questioned once more and the principle of recognizing the universal, interdependent and interrelated nature of all human rights is disregarded. The choice of prioritizing one of the components of the equation to the detriment of the others can only bring about greater distortion of the system, greater political questioning and manipulation. April 7, 2005 Indonesia The report also proposes the replacement of the Commission of Human Rights with a Human Rights Council, characterized by limited, selective membership. We are uncertain that this proposal addresses the various controversial issues concerning human rights in this Organization, and we look forward to receiving clarifications on it. April 7, 2005 Iran 7. We share the Secretary General's feeling on the diminishing credibility of the Human Rights Commission. We also concur with the Secretary General that human rights is a crucial aspect of the work of the United Nations, while further believing that politicization of the commission's work has risked engaging nations in a global clash of cultures between North and South and between East and West. Moreover, the Commission of Human Rights has been a text book case of political manipulation through gross selectivity and application of double standards over the past several decades. To restore the credibility of the human rights machinery and to best combine its efficiency with legitimacy, concrete steps must be taken to reduce selective approaches. A pertinent question arises whether the proposed Human Rights Council would be able to rectify the present shortcomings of the UN human rights machinery. In our view, such a council may further polarize and politicize the human rights system and may, in turn, further marginalize the developing countries in yet another important forum within the UN. Furthermore, while human rights are indivisible, the Report's approach towards human rights is exclusively based on civil and political rights and it virtually disregards the longstanding consensus which considers civil and political rights as well as the right to development as the two sides of the same coin. April 6, 2005 European Union Institutional reform in the field of human rights must allow to strengthen the United Nations’ human rights machinery as a whole. In that regard, we welcome the presentation of a proposal reflecting the primacy of human rights by the creation of a Human Rights Council. We emphasize again that human rights are universal in nature and that all countries have a responsibility in their promotion and protection. The establishment of such a body must take into account the valuable aspects of the acquis in the field of human rights. Before expressing our final views on the proposal, the EU would appreciate further elaboration by the Secretary-General concerning i.a. increased legitimacy, responsibility, accountability and efficiency. China China favors and supports the reform of the existing human rights machinery of the United Nations. The key to such reform is to change the current practice of politicizing the human rights issues, reduce confrontation and promote cooperation so that more resources can be devoted to technical cooperation projects aimed at national capacity-building in the area of human rights. Whether or not the replacement of the Commission on Human Rights with a smaller standing Human Rights Council will overcome the serious credibility deficit characterizing international human rights work is a topic that needs further earnest exploration. April 6, 2005 Egypt In this context, the proposal to establish a council on human rights appears to be an attempt to establish a new major organ, in addition to the Security Council and the Economic and Social Council. The new proposed council seem to undermine the responsibilities assigned to the Commission on Human Rights and the Third Committee of the General Assembly, and would alter the intergovernmental nature of the international review process in the field of human rights, particularly as the mandate of the proposed Council and its relation to other relevant organs remain unclear. March 21, 2005 IN LARGER FREEDOM: SECRETARY-GENERAL REPORT Proposed Human Rights Council 181. The Commission on Human Rights has given the international community a universal human rights framework, comprising the Universal Declaration on Human Rights, the two International Covenants21 and other core human rights treaties. During its annual session, the Commission draws public attention to human rights issues and debates, provides a forum for the development of United Nations human rights policy and establishes a unique system of independent and expert special procedures to observe and analyse human rights compliance by theme and by country. The Commission’s close engagement with hundreds of civil society organizations provides an opportunity for working with civil society that does not exist elsewhere. 182. Yet the Commission’s capacity to perform its tasks has been increasingly undermined by its declining credibility and professionalism. In particular, States have sought membership of the Commission not to strengthen human rights but to protect themselves against criticism or to criticize others. As a result, a credibility deficit has developed, which casts a shadow on the reputation of the United Nations system as a whole. 183. If the United Nations is to meet the expectations of men and women everywhere — and indeed, if the Organization is to take the cause of human rights as seriously as those of security and development — then Member States should agree to replace the Commission on Human Rights with a smaller standing Human Rights Council. Member States would need to decide if they want the Human Rights Council to be a principal organ of the United Nations or a subsidiary body of the General Assembly, but in either case its members would be elected directly by the General Assembly by a two-thirds majority of members present and voting. The creation of the Council would accord human rights a more authoritative position, corresponding to the primacy of human rights in the Charter of the United Nations. Member States should determine the composition of the Council and the term of office of its members. Those elected to the Council should undertake to abide by the highest human rights standards. December 1, 2004 REPORT OF THE HIGH LEVEL PANEL XVIII. The Commission on Human Rights 282. One of the central missions of the United Nations is to protect human rights, a mission reaffirmed by the Millennium Declaration. The Commission on Human Rights is entrusted with promoting respect for human rights globally, fostering international cooperation in human rights, responding to violations in specific countries and assisting countries in building their human rights capacity. 283. In recent years, the Commission’s capacity to perform these tasks has been undermined by eroding credibility and professionalism. Standard-setting to reinforce human rights cannot be performed by States that lack a demonstrated commitment to their promotion and protection. We are concerned that in recent years States have sought membership of the Commission not to strengthen human rights but to protect themselves against criticism or to criticize others. The Commission cannot be credible if it is seen to be maintaining double standards in addressing human rights concerns. 284. Reform of this body is therefore necessary to make the human rights system perform effectively and ensure that it better fulfils its mandate and functions. We support the recent efforts of the Secretary-General and the United Nations High Commissioner for Human Rights to ensure that human rights are integrated throughout the work of the United Nations, and to support the development of strong domestic human rights institutions, especially in countries emerging from conflict and in the fight against terrorism. Member States should provide full support to the Secretary General and the High Commissioner in these efforts. 285. In many ways, the most difficult and sensitive issue relating to the Commission on Human Rights is that of membership. In recent years, the issue of which States are elected to the Commission has become a source of heated international tension, with no positive impact on human rights and a negative impact on the work of the Commission. Proposals for membership criteria have little chance of changing these dynamics and indeed risk further politicizing the issue. Rather, we recommend that the membership of the Commission on Human Rights be expanded to universal membership. This would underscore that all members are committed by the Charter to the promotion of human rights, and might help to focus attention back on to substantive issues rather than who is debating and voting on them. 286. In the first half of its history, the Commission was composed of heads of delegation who were key players in the human rights arena and who had the professional qualifications and experience necessary for human rights work. Since then this practice has lapsed. We believe it should be restored, and we propose that all members of the Commission on Human Rights designate prominent and experienced human rights figures as the heads of their delegations. 287. In addition, we propose that the Commission on Human Rights be supported in its work by an advisory council or panel. This council or panel would consist of some 15 individuals, independent experts (say, three per region), appointed for their skills for a period of three years, renewable once. They would be appointed by the Commission on the joint proposal of the Secretary-General and the High Commissioner. In addition to advising on country-specific issues, the council or panel could give advice on the rationalization of some of the thematic mandates and could itself carry out some of the current mandates dealing with research, standard-setting and definitions. 288. We recommend that the High Commissioner be called upon to prepare an annual report on the situation of human rights worldwide. This could then serve as a basis for a comprehensive discussion with the Commission. The report should focus on the implementation of all human rights in all countries, based on information stemming from the work of treaty bodies, special mechanisms and any other sources deemed appropriate by the High Commissioner. 289. The Security Council should also more actively involve the High Commissioner in its deliberations, including on peace operations mandates. We also welcome the fact that the Security Council has, with increasing frequency, invited the High Commissioner to brief it on country-specific situations. We believe that this should become a general rule and that the Security Council and the Peacebuilding Commission should request the High Commissioner to report to them regularly about the implementation of all human rights-related provisions of Security Council resolutions, thus enabling focused, effective monitoring of these provisions. 290. More also needs to be done with respect to the funding situation of the Office of the High Commissioner. We see a clear contradiction between a regular budget allocation of 2 per cent for this Office and the obligation under the Charter of the United Nations to make the promotion and protection of human rights one of the principal objectives of the Organization. There is also a need to redress the limited funding available for human rights capacity-building. Member States should seriously review the inadequate funding of this Office and its activities. 291. In the longer term, Member States should consider upgrading the Commission to become a “Human Rights Council” that is no longer subsidiary to the Economic and Social Council but a Charter body standing alongside it and the Security Council, and reflecting in the process the weight given to human rights, alongside security and economic issues, in the Preamble of the Charter.