HUMAN RIGHTS COUNCIL CONCLUDES FIFTH SESSION AFTER ADOPTING PRESIDENTIAL TEXT ON INSTITUTION BUILDING OF COUNCIL

The Human Rights Council concluded its fifth session at midnight on 18 June after adopting a Presidential text on the institution building of the Council.

In remarks to journalists at the end of the meeting, Ambassador Luis Alfonso de Alba of Mexico, the President of the Council, said Member States of the Council had lived up to the challenges that they were facing and they went to a final agreement on the institution building which was going to be a decision with historical dimensions, because it was the beginning of a new era for the United Nations and a new culture in dealing with human rights.

The Presidential text entitled "UN Human Rights Council: Institution-Building" lays out the basic structure for the Council's new institutional machinery, including the Universal Periodic Review Mechanism, the Special Procedures, the Human Rights Council Advisory Committee (which replaces the Sub-Commission for the Promotion and Protection of Human Rights), and the Complaint Procedure (which replaces the confidential 1503 Procedure). It also sets out an agenda and framework for a programme of work, and lays down the Rules of Procedure for the Council. Ambassador de Alba told the Council there was also agreement on the other texts that would be taken up, and he proposed that the text be accepted as a compromise, on the understanding that it also included the Code of Conduct.

Statements on the Presidential text were made by speakers at the first meeting of an organizational session for the second cycle of the Council which opened this afternoon and elected the new Bureau for the second year of the Council (see press release HRC/07/47 of 19 June). The statements continued to be heard on Wednesday, 20 June, after which the Council adopted three resolutions on Lebanon, the occupied Palestinian territory and Darfur, before adopting its report for the fifth session.

At the beginning of the session, which opened on 11 June, the Council heard the Special Procedures of the Council present their reports on the independence of judges and lawyers; racism, racial discrimination, xenophobia and related intolerance; the right to food; the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights; adequate housing as a component of the right to an adequate standard of living; and human rights and extreme poverty.

The Council also heard reports on the situation of human rights in Belarus, Cuba, Cambodia, Haiti, Somalia, and discussed follow-up to the urgent high-level fact-finding missions to the occupied Palestinian territories, including Beit Hanoun, and the updated report by the High Commissioner for Human Rights on follow-up to the report of the Commission of Inquiry on Lebanon. The report of the expert group on the situation of human rights in Darfur was also discussed, and reports on the right to truth and human rights and arbitrary deprivation of nationality were debated.

In the resolution on the report of the United Nations High Commissioner for Human Rights on the follow-up to the report of the Commission of Inquiry on Lebanon, the Council took note with satisfaction of the factual report of the United Nations High Commissioner for Human Rights and requested the High Commissioner to extend support to the Government of Lebanon’s activities and programmes in particular those consistent with her report.

In the resolution on the human rights situation in the occupied Palestinian territory and follow-up to Human Rights Council resolutions S-1/1 and S-3/1, the Council called for the implementation of its resolutions S-1/1 and S-3/1, including the dispatching of the urgent fact-finding missions; and requested the President of the Human Rights Council and the United Nations High Commissioner for Human Rights to report to the Council at its next session on their efforts for the implementation of Council resolutions S-1/1 and S-3/1 and on the compliance of Israel, the occupying power, with these two resolutions.

In the resolution on follow-up to the resolution A/HRC/4/8 of 30 March 2007 adopted by the Human Rights Council at its fourth session entitled “Follow-up to the decision of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled “Situation of human rights in Darfur (S-4/101)”, the Council welcomed the report of the United Nations Experts Group on Darfur; and requested the Experts Group to continue its work for six months and to submit an update to the session of the Council in September 2007 and a final report to the following session of the Council.

The next regular session of the Council will be held from 10 to 28 September 2007.

Institution-Building of the Council

The Presidential text entitled "UN Human Rights Council: Institution-Building" lays out the basic structure for the Council's new institutional machinery, including the Universal Periodic Review Mechanism, the Special Procedures, the Human Rights Council Advisory Committee, and the Complaint Procedure. It also sets out an agenda and framework for a programme of work, and lays down the Rules of Procedure for the Council.

It says the Universal Periodic Review Mechanism, among other things, shall complement and not duplicate other human rights mechanisms. Among its objectives are to improve the human rights situation on the ground, and enhancement of the State’s capacity and technical assistance. The order of review should reflect the principles of universality and equal treatment, with the initial members of the Council reviewed first. The periodicity of first review cycle will be of four years. The duration of the review will be three hours in the Working Group. The State concerned, Member States, and observer States will be given the opportunity to express their views on the outcome of the review before the plenary takes action on it. In considering the outcome of a Universal Periodic Review, the Council will decide if and when any specific follow-up will be necessary.

Regarding the Special Procedures, in appointing mandate-holders due consideration should be given to gender balance and equitable geographic representation, as well as to an appropriate representation of different legal systems. Technical and objective requirements for eligible candidates for mandate-holders will be approved by the Council at its sixth session. A mandate-holder’s tenure in a given function, whether thematic or country mandates, will be no more than six years. A Consultative Group will be established to propose to the President a list of candidates for consideration. The appointment of the special procedures will require the approval of the Council. Thematic mandates periods will be of three years. Country mandates periods will be of one year. Decisions to create, review or discontinue country mandates should also take into account the principles of cooperation and genuine dialogue aimed at strengthening the capacity of Member States to comply with their human rights obligations.

The Human Rights Council Advisory Committee, composed of 18 experts, will function as a think-tank to the Council and work at its direction. All Member States can propose or endorse candidates from their own region. Technical and objective requirements for the submission of candidatures will be established and approved by the Council at its sixth session, and should include: recognized competence and experience in the field of human rights; high moral standing; and independence and impartiality. The Council shall elect the members of the Advisory Committee, in secret ballot, from the list of candidates whose names have been presented in accordance with the agreed requirements. Due consideration should be given to gender balance and to an appropriate representation of different civilizations and legal systems. The members of the Advisory Committee shall serve for a period of three years and shall be eligible for re-election once. The Council will decide at its sixth session on the most appropriate mechanisms to continue the work of the Working Groups on Indigenous Populations; Contemporary Forms of Slavery; Minorities; and the Social Forum.

A Complaint Procedure is being established to address consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances. Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970, as revised in 2000, served as a working basis and was improved where necessary, so as to ensure that the complaint procedure be impartial, objective, efficient, victims-oriented and conducted in a timely manner. The procedure will retain its confidential nature with a view to enhancing cooperation with the State concerned. Two distinct working groups shall be established with the mandate to examine the communications and to bring to the attention of the Human Rights Council consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms. Both Working Groups shall meet at least twice a year for five working days each period. The Council shall consider consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms brought to its attention by the Situations Group as frequently as needed, but at least once a year. The period of time between the transmission of the complaint to the State concerned and the consideration by the Human Rights Council shall not, in principle, exceed 24 months.

The Agenda of the Council, among other things, contains standing items on human rights situations that require the Council's attention; the Universal Periodic Review; the human rights situation in Palestine and other occupied Arab territories; and racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action. The Framework for the Programme of Work basically incorporates the topics from the Agenda.

The methods of work, based on resolution 60/251 of the General Assembly, should be transparent, impartial, equitable, fair, pragmatic; lead to clarity, predictability, and inclusiveness. They can also be updated and adjusted through time. Methods of work covers institutional arrangements for such things as briefings on prospective resolutions or decisions; President’s open-ended information meetings; informal consultations on proposals convened by main sponsors; the role of the Bureau; and the High-Level Segment of the Council (to be held once a year during the main session of the Council). It also sets out the working culture of the Council, including that those proposing a country resolution have the responsibility to secure the broadest possible support for their initiatives (preferably 15 members), before action is taken. It also expresses the need to minimize unnecessary duplication of initiatives with the General Assembly.

According to the Rules of Procedure of the Council, the Council shall meet regularly throughout the year and schedule no fewer than three sessions per Council-year, including a main session, for a total duration of no less than 10 weeks. The Council shall hold special sessions, when needed, at the request of a member of the Council with the support of one third of the membership of the Council. Annex I to the Agenda and Programme of Work contains a list of renewed mandates, until they can be considered by the Council according to its Annual Programme of Work. Notably, the Special Procedures for situations in Cuba and Belarus are not included on the list.

For use of information media; not an official record

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