A critical evaluation of the work of the UN Human Rights Council, or taking stock of fifteen years without illusions

Abstract

In the context of this article, the author takes stock of the legacy of the UN Commission on Human Rights (CHR) and the changes that its replacement by the Human Rights Council (HRC) in 2006 have led to. A political body such as the CHR/HRC cannot do more than the member states allow it to do, and cannot be blamed for being driven by political motivations. Against this background it is not surprising that the new institutional framework did not solve the political problems associated with the CHR, since the new body was almost identical in size to its predecessor, involved the same actors, and operated under similar political conditions. The establishment of the Universal Periodic Review (UPR) mechanism, however, introduced a new approach to the UN system by ensuring a cooperative review of the human rights situation of all UN member states, thus awarding an increasingly important role to the technical assistance pillar in implementing its recommendations. Notwithstanding the above, the UPR process has not rendered the adoption of country-specific resolutions unnecessary, but their use should be more strategic, ensuring better coordination within the UN system as a whole, and increasing the importance of the regional dimension in the work of the world organisation. It is not politically realistic to expect all HRC member states to have excellent, flawless human rights records, but the nomination of governments committed to and supportive of human rights should be encouraged. It is important to underline that over the past years, WEOG, EEG, and GRULAC countries, together with some pro-human-rights countries from Asia and Africa, have built successful coalitions within the HRC concerning a number of sensitive issues. The process of democratisation around the world, despite the decline in recent years, will further reinforce these positive trends, improving the composition of the HRC as more and more democratic countries hopefully seek to join the body.