23.02.06 DRAFT RESOLUTIOI.{ BY THE PRESIDENT OF THE GENER,{L ASSEMBLY

Human Rishts Council The GeneralAssernblv. PP1 Reffirming the pulposesand principles contained in the Charter of the United Nations, including developingfriendly relationsamong nations basedon respectfor the principle of equal rights and self-determinationof peoples, achieving international cooperation in solving international problems of an economic, social, cultural and humanitarian character,and in promoting and encouraging respectfor human rights and fundamental freedoms all, for PP2 Reffirming the Universal Declarationof Human Rights, the Vienna Declaration gtd Programmeof Astion and recalling the International Covenanton Civil and political Rights and the International Covenanton Economic,Socialand Cultural Rights and other human rights instruments, PP3 Reffirnting that all human rights are universal, indivisible, interrelated, interdependentand mutually reinforcing and that all human rights must be treated in a vv Lr fair and equalmanner,on the samefooting and_withthe sameemphasis, PP4 Reffirming alsothat while the significance national of and regionalparticularities and various historical, cultural and religious backgrounds must be borne in mind, all States,regardlessof their political, ."ono*ic and cultural systems,have the duty to promote and protect all human rights and fundamentalfreedoms, PP5 Emphasiz. the responsibilities all States, ing of in conformity with the Charter,to respecthuman rights and fundamentalfreedomsfor uil, *ithout disiirr"tio, of any kind as to race, colour, sex, languageor religion, political or other opinion, national or social origin, property,birth or other status, PP6 Acl*tow-ledgingthat peace and security, development and human rights are the pillars of the United Nations systemand the foundation, fo, collectivesecurityand wellbeing and recognizing that development, peace and security and human nghts are interlinked and mutually reinforcing, PP7 ffirming the need for all States to continue international efforts to enhance dialogue and broaden understanding among civtltzatrons, cultures and religions and emphasizing that States, regional- orgunitations, non-governmental organrzations, religious bodies and the media have u.r i*portant role to play in promoting tolerance, respectfor and freedomof religion and beliei

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PP8 Recognizing the work undertaken the United Nations Commissionon Human by Rights and the need to preserve and build on its achievementsand to redress its shortcomings, PP9 Recognizingalso the importanceof ensuringuniversality,objectivity, and nonselectivity in the considerationof human rights issues,and the elimination of double standards politicization, and PP10 Recognizingfurther that the promotion and protectionof human rights should be basedon the principles of cooperationand genuine dialogue and aimed at strengthening the capacity of Member Statesto compty with their human rights obligations for the benefit of all humanbeings, PP11 Aclorcwledgingthat non-governmentalorganizattons play an important role, at the national, regional and international level, in the promotion and protection of human rights, PPlz Reffirming the commitment to strengthen the United Nations human rights machinery with the airn of ensuringeffective enjoymentby all of all human rights - civil, political, economic,social and cultural rights, including the right to development and to this end, the resolve to createa Human Rights council.

OPl Decidesto establish Human Rights Council, basedin Geneva, replacement a in of the Commissionon Human Rights, as a subsidiaryorgan of the GeneralAsiembly. The GeneralAssemblyshall review the statuswithin five years. OPZ Decidesthat the Council will be responsible promoting universalrespectfor for the protection of ail human rights and fundamentalfreedoms for u11. *ithout distinction of any kind and in a fair and equalmanner. OP3 Decidesthat the Council should address situationsof violations of human rights, including 9rossand systematic violations, and make recommendations thereon.It shoulC aiso promote eflective coordination and the mainstreamingof human rights within the United Nations system. OP4 Decides also that the work of the Council shall be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation with a view to enhancethe promotion and protection of all human rights - civil, political, economic, social and cultural rights, including the right to developrnent. oP5 Decidesfurther that the council will, inter alia:

a) promote human rights educationand learning as well as advisory services,technical assistance and capacity-building, be provided in consultationand with the consentof to the Members Statesconcerned.

b) serveas a forum for dialogueon thematicissues all humanrights, on c) make recommendationsto the General Assernbly for the further development of internationallaw in the field of humanrights, d) promote the full irnplementation human rights obligationsundertakenby States of and the follow-up of the goals and commitmentsrelatedto the promotion and protection of human rights emanatingfrom United Nations conferences sumrnits, and e) undertakea universalperiodic review basedon objectiveand reliable information of the fulfilhnent by each State of its human rights obligations and commitments in a manner which ensuresuniversality of coverageand equal treatment with respect to all Member States.The review shall be a cooperativemechanismbased on an interactive dialoguewith the full involvementof the country concerned given and with consideration to its capacity-building needs. Such a mechanism shall complement and not duplicatethe work of treaty-bodies.The Council shall develop the modalities and necessarytime allocation of the universalperiodic review mechanismwithin one year after the holding of its first session. 0 contribute,through dialogue and cooperation,towards the preventionof human rights violations and respond promptly to humanrights emergencies, g) assumethe role and responsibilities the Commissionon Human Rights relating to of the work of the Office of the High Commissionerfor Human Rights, as decidedby the GeneralAssemblyin its resolution 48/141, h) work in close cooperationin the field of human rights with govemments,regional organTzations, national human rights institutions and civil society, i) j) make recommendations with regard to the promotion and protectionof hurnanrights, submit an annualreport to the GeneralAssembly,

OP6 Decidesthat the Council will assume, review, and where necessary improve and rationalize, all mandates, mechanisms, functionsand responsibilities the Commission of on Human Rights,in order to maintain a systemof specialprocedures, expert adviseand complaint procedure. The Council shall completethis review within one year after the holding of its first session. OP7 Decidesthat the Human Rights Council shall consistof 47 Member Stateswhich shall be electeddirectly and individually by secretballotsby the majority of the members of the General Assembly. The membership shall be based on equitable geographic distribution and seats shall be distributed as follows among regional groups: African Group 13; Asian Group 13; EasternEuropeanGroup 6; GRULAC 8; WEOG 7. The membersof the Council will servefor a period of three yearsand shall not be eligible for immediatere-electionaftertwo consecutive terms. OP8 Decidesthat the membershipin the Council shall be opento all Member Statesof the United Nations. When electingmembersof the Council, Member Statesshall take into accountthe candidates'contribution to the promotion and protectionof human rights and their voluntary pledgesand commitmentsmadethereto. The GeneralAssembly, by a

two-thirds majority of the members present and voting, may suspendthe rights of membershipin the Council of a member of the Human Rights Council that commits gross violationsof humanrights and systematic OP9 Members elected to the Council shall uphold the highest standards in the promotion and protection of human rights, fully cooperatewith the Council, and be reviewed under the universal periodic review mechanism during their term of membership. OP 10 The Council shall meet regularly throughoutthe year and schedulenot fewer than per for three sessions year, including a main session, a total durationof no less than ten when neededat the requestof a Member weeks,and shallbe able to hold specialsessions of of the Council with the supportof one-thirdof the membership the Council. OP11 Decides that the Council shall apply the rules of procedure establishedfor committees of the General Assembly, as applicable, unless subsequentlyotherwise that the participationof decidedby the GeneralAssemblyor the Council and also decides and consultationwith observers, including Statesthat are not membersof the Council, specialized agencies, other intergovernmental organizations, national human rights institutions as well as non goverrrmentalorganizations,shall be basedon arrangements, and practices observedby the Commission, including ECOSOC resolution 1996131, while ensuringthe most effective contribution of theseentities. OPIZ Decides that the methods of work of the Council shall be transparent,fair and followand allow subsequent impartial and enablegenuinedialogue,be result-oriented, up discussionsto recommendations and their implementation,and allow for substantive interactionwith specialprocedures mechanisms. and OP13 Recommends the Economic and Social Council to requestthe Commission on and to abolishthe Commissionon session Human Rights to concludeits work at its 62nd 16 June2006. OP14 Decidesto electthe new membersof the Council. The terms of membershipshall and such decisionwill be tak0n for the first electionby the drawing of lots, be staggered geographical taking into consideration regional distribution. OP15 Decidesthat the electionsof the first membersof the Council shall take place on 9 Mav 2006 and that the first meetins of the Council shall be convenedon 19 June2006. OP 16 Decidesthat the Council shall review its work and functionins five vears after its establishment and report to the GeneralAssembly.