STATEMENT BY

THE PRESIDENTOF THE UNITED NATIONS GENERAL ASSEMBLY H.E. MR. JAI{ ELIASSON

ON THE DRAFT RESOLUTION ON THE HUMAN RIGHTS COUNCIL

UI{ITED NATIONS HEADQUARTERS NEWYORK 15 MARCH 2006

Excellencies, distinguished delegates, We are assembled this morning to take action on the draft resolutionon the Human Rights Council (A/601L.48),the text of which I first presented you to in our informal consultations the Plenary on23 February. of

The draft is presented today in pursuance the mandategiven to us by our of leadersat the 2005 World Summit. The Summit resolvedto strengthen the United Nations human rights machinery. As you know, we have already taken some action on this, for exampleby agreeingto strengthen Office the of the High Commissioner Human Rights. for

Now it falls upon us to fulfill the other main elementof our leaders'resolve to strengthenthe United Nations human rights machinaty, by creating a Human Rights Council. Our leadersgave us a clear mandateto do so. And they gave a specific task to the Presidentof the General Assembly to conduct open, transparentand inclusive negotiations,to be completed as soon as possibleduring the sixtieth session. This I have done, and today I formally presentyou the result.

The draft resolutionis the culmination of five months of negotiations.We are gratefulto thosewho have contributed. the Secretary-General, his To for leadership. To the Co-Chairs, Ambassador Arias of Panama and AmbassadorKumalo of SouthAfrica, for their skilled and selflesswork. To all of you, most of all, for the energy and commitment that you have investedin the consultations and negotiations. And to civil society,for their

active contributions.The draft resolution before us today is above all the outcomeof our commoncombinedeffort, intellect and aspirations.

Since the presentationof the text on 23 February, you have all had the opportunity to study the draft resolutionthoroughly,with your capitalsand in your various groups. I am encouraged the very broad supportthat has by emergedfor the text as an integrated whole as a resultof your deliberations. as a whole - represents the work of all of us. No

The text before us

Member Statehas got everythingit arguedfor. For many of you, adopting this draft resolution today would mean compromising on some points on which you had felt - and still feel - strongly.

But we have now reacheda decisivemoment, both for the promotion and protectionof humanrights,and for effectivemultilateralismand the standing of the United Nationsas a whole.

As our leadersacknowledgedin September2005, the three pillars of the United Nations - development, peaceand security and human rights - are interlinked and mutually reinforcing. Without strength in all, we have strengthin none. And the world has never neededa strong United Nations more than it needsit today. So we needa strongHuman Rights Council,just as we need to achievestrongresultsin the other areasof Summit follow-up and reform with which our leaders entrusted us.

On development, must now do all we can to ensurethe commitmentsof we 2005 are implemented in 2A06. If we are to achieve the Millennium

Development Goalsby 2015,thereis no time to lose.The costof a failure to implement our commitmentson development will be measured lives lost in or blighted by poverty, disease,and lack of opportunity. And in order to deliver, we must ensurethat our Organizationis as strong and effective as possible.We need to finish our work on this draft resolutionon the Human Rights Council, so that we have the time, energy and political space to address development, Secretariat and managementreform and the other important tasksaheadof us.

Excellencies, distinguished delegates,

There area few aspects the text which merit highlighting today. of

The draft resolution would makeuniversality, impartiality,objectivityand non-selectivity, constructive international dialogue and cooperation guiding principlesof the work of the Council.It recognizes the promotionand that
protectionof humanrights shouldbe basedon cooperation and dialogueand should aim at strengthening capacityof Member Statesto comply with the their humanrights obligationsfor the benefitof all humanbeings.

Acknowledging the mistrust and tensionswhich are so evident in today's world, the languageof the draft also sendsa strong and uniting message on the need for dialogue and understandingamong civrlizations, cultures and religions - a clear signal to us all to commit to working togetherto prevent provocativeor regrettableincidentsand to evolve better ways of promoting tolerance,respectfor and freedomof religion and belief. It will be important that the relevantorgansof the United Nations,including the Human Rights
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Council, make positive contributionsin this respect and promote a much neededdialogueon theseimportantand sensitive issues.

The draft recognizes six decadesof valuable work undertaken by the Commissionon Human Rights, and its commendable record of establishing norunsand setting standards. It acknowledges the important role of nongovernmental organr:zations the promotion and protection of human rights in at the national, regional and internationallevel which the Commissionhas done so much to encourage.

But the draft also responds the criticismsof the Commission.It includesa to number of innovativeelements which would make the Council a significant improvementon the Commissionon Human Rights.

For example,the draft resolutionbeforeus would:

o Replace the Commission with a Council, elevating its institutional standingto a subsidiary body of the GeneralAssembly; . It would increasethe frequency of meetings throughout the year, &S well as establishing an efficient mechanism to convene special sessions; It would introduce the universal periodic review as a mechanism wherebyeachState'sfulfillment of its humanrights obligationswould be assessed. Such a mechanismwould ensure equal treatmentwith respectto all Member Statesand would preventdouble-standards and selectivity;

o It would incorporate within the Council's mandatethe mainstreaming of human rights in the IIN systemand the prevention of human rights violations; o It would distribute seatsin accordance with equitable geographical representation; It would make Council membersineligible for immediatere-election after two consecutive terms,therebyensuringrotation; Members of the Council would be elected by the majority of the members of the General Assembly, in other words by an absolute majority. Each candidate would be voted on individually and directly and would have to obtain at least ninety-six votes of support in a secretballot; Member States- when electingmembersto the Council - would take into account the candidates' contribution to the promotion and protection of human rights and their voluntary pledges and commitmentsmadetheretoprior to the election; The GeneralAssembly,by a two-thirds majority of memberspresenr and voting, could suspendthe rights of membership of a Council member who commits gross and systematic violations of human rights; Members of the Council would be expectedto uphold the highest standards the promotion and protection of human rights fully coin operatewith the Council and be reviewedunder the universalperiodic review mechanism during their term of membership.

Excellencies, distinguished delegates,

This draft resolution representsa unique opporfunity for a fresh start for human rights. The adoption of this draft would be the first step in a continuedprocess.

The Council would be expectedto assume,review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilitiesof the Commissionof Human Rights within one year of its first session. Within the sametimeframe,the Council would also developthe modalities and necessary time allocation for the universal periodic review mechanism.

The GeneralAssembly would review the statusof the Council within five years. The Council would also review its work and functioning five years after its establishment report to the GeneralAssembly. Let us also recall and that the Council will submit an annualreportto the GeneralAssembly.

Excellencies, distinguished delegates,

Today, we stand ready to witness a new beginning for the promotion and protection of human rights. By adopting this draft resolution, we would establisha body which would be basedon dialogue and cooperation,and, would be principled, effective and fair. A body whose members would uphold the highest standardsin the promotion and protection of human rights. And a body that would advancethe founding principles that were

initiated by the GeneralAssemblywith the UniversalDeclarationof Human Rights.

The establishment the Human Rights Council is a decisionwhose time of has come. Many of you have told me over recent days and weeks of the importanceyou attachto the prompt adoptionof this text as it is. I therefore propose that the GeneralAssembly today moves to adopt the text of this draft resolution.as a whole.

Very many of you havemadecontributionsto the draft resolution,from both national and intemationalperspectives, over the last five months. It is the result of our common endeavors and aspirations. No one part can now be added or subtractedin isolation without jeopardizing its balance,strength and workability. This is a draft resolutionwhosesum is greaterthan its parts. It is my hope that you, Member States, will now be ready to adoptthis draft resolutionin its entiretyin the interestof humanrights.