Mr. President,

When it created the Human Rights Council in 2006, the General Assembly already decided to conduct a review of the status, as well as of the work and functioning of this new body after five years. Such a review, in the eyes of its proponents, would provide an opportunity for assessing the actual performance and results of the Council based on the commitments and expectations which the General Assembly itself had formulated. Insofar as this scheduled review allowed the Assembly to decide upon any adjustments deemed necessary for improving the Council's functioning as the U.N.'s central human rights body, the review was part and parcel of the Council's establishment. Today's adoption of the outcome of the review processes conducted in both Geneva and New York thus marks the end of the Council's founding stage.

The European Union would like to express disappointment over the outcome. Almost two years of hard work in Geneva and New York have produced little beyond a mere confirmation of the Council's existing regulatory framework. On 24 February in Geneva, the EU has already expressed its position regarding the meagre outcome of the review of the Council's work and functioning. What could have been an opportunity to increase the Council’s capacity to have an impact on the ground and to deal with situations of concern and emergency situations actually resulted in little or no progress. None of the results produced in areas such as the Council's calendar, the system of Special Procedures, or the UPR represent a meaningful increase of the Council’s capacity to take practical action to promote and uphold human rights in a way which has impact on the ground or enables it to respond more effectively to urgent situations. We also regret that no efforts were made to consider removing agenda item 7 of the Council, which in a discriminatory manner singles out one particular country situation as a separate standing item. 

Throughout the negotiations conducted in New York, the EU has maintained that a more effective implementation of certain key provisions of the Council's founding resolution 60/251 was not only needed, but also well within the mandate of the review. In particular, we wanted to ensure that the Council Members fulfill the requirement to uphold the highest standards in the promotion and protection of human rights, both as a condition for election, and in the course of their Membership. We also regret that it was impossible to encourage regional groups through this text, to present competitive slates for HRC elections. The EU will continue encouraging regional groups to do so in their internal deliberations At the same time, the European Union is very pleased to note that the Council has taken a leading role in responding to recent events in the Middle East and elsewhere, and has produced a swift and effective response. In particular the action taken by the Council to address a number of urgent country situations is an example of the Council functioning as it is intended to. The EU hopes that this positive trend will continue and remains committed to the objective that candidates and members of the Human Rights Council follow the letter and spirit of resolution 60/251 in a responsible and, above all, exemplary manner.

In essence, the present text maintains the current status of the Council as a subsidiary body of the General Assembly, and approves the Geneva outcome. While the European Union is happy to see that the regular September session of the Council will henceforth be included in the annual report to the GA, we continue to believe that op. 6 does not fully recognize and reflect the status of the Council - which is subsidiary only to the GA, and not the Third Committee.

Mr. President,

In view of these shortcomings, the European Union has decided to support the text just adopted only as it became clear that a better result could not be achieved. The European Union continues to believe that much can, and indeed must be done to enable the Council to fulfill the commitments undertaken and to live up to the expectations  that the world at large places on it. The full and earnest commitment of the Council's members to the promotion and protection of human rights is the sole basis for such positive change. The European Union and its members who are elected members of the Council will continue to actively work towards the realization of this objective.

The Human Rights Council is a central component of the UN's human rights protection system. The Special Procedures and other instruments and mechanisms of the Council act as its eyes and ears, and thus help the Council to fulfill its tasks. The unique system of the treaty bodies keeps track of the implementation of human rights norms and standards by states' parties to the conventions. Also, the Office of the UN High Commissioner for Human Rights has received a comprehensive mandate from the international community to promote and protect all human rights. The European Union remains committed to the independence and integrity of OHCHR, and we are happy to see that the present resolution does not interfere with the mandate and tasks of OHCHR.

Finally, we take this opportunity to extend our sincere thanks to the New York facilitators, Ambassador Loulichki of Morocco and Ambassador Wenaweser of Liechtenstein, for all their efforts and, most of all, the patience shown throughout this process.

I thank you.