Awa Dabo, the new Deputy High Commissioner for Human Rights, emphasized the critical role of the Human Rights Council during challenging times, stating, “Human rights were built for moments like this.” She highlighted the need for protection and the translation of principles into concrete actions when pressure mounts.
Established on June 19, 2006, to replace the UN Commission on Human Rights, the 47-member Council was initially urged by then Secretary-General Kofi Annan to avoid “political point-scoring or petty manoeuvre.” In its 62nd session, the Council remains highly active, pursuing accountability amid numerous emerging crises and ongoing conflicts.
A central question persists: has the Council met expectations and effectively adapted to a world where, as UN chief António Guterres noted, “human rights are under assault [and] violated flagrantly?”
Founding the Council: A Challenging Inception
Recalling the early days, Luis Alfonso de Alba Góngora, the Council’s first president, described the founding process as difficult, marked by significant disagreements among Member States regarding necessary reforms and the retention of elements from the previous Commission. The international climate was also complex, with some nations opposing the new body’s establishment amidst ongoing global conflicts.
Ensuring Inclusive Participation
A primary objective for the Council, aligning with other UN entities, has been to foster broad participation. This includes contributions from governmental and non-governmental representatives, independent investigators, and civil society activists. Volker Türk, High Commissioner for Human Rights, pointed out how this inclusive approach ensures that marginalized groups, such as Indigenous Peoples, whose voices are often underrepresented, are heard. He also recognized the value of interactive panels featuring children, youth, survivors, and victims as a model for UN engagement.
The Council’s president, chosen annually through a rotational system among regional groups, frequently reminds delegates to uphold mutual respect. This serves as a crucial reminder of the severe reprisals faced by many human rights defenders today and underscores the forum’s vital function in amplifying their concerns.
Special Investigators: The Vanguard of Advocacy
Another distinctive characteristic of the Council is its dedicated human rights investigators, known as Special Rapporteurs. These individuals are tasked with monitoring specific situations of concern, reporting their findings to raise awareness, and advocating for action. Farida Shaheed, Special Rapporteur on the right to education, described them as the “frontline for voices that are unheard.” She added, “We also do speak when others fall silent, and sometimes people don’t like what we say. We’re bringing to the table things that are not always discussed.”
A Deliberate Approach to Resolutions
As a subsidiary organ of the UN General Assembly, the Council holds a superior status to its predecessor. It convenes three regular sessions each year, typically addressing over two dozen resolutions on a wide array of issues. These range from human rights situations in specific countries, such as South Sudan, to topics like freedom of religion or belief and the right to a clean, healthy, and sustainable environment.
Many of these texts, which outline expected actions, are adopted by consensus without a vote. Others undergo revisions or are withdrawn following informal consultations. In instances where consensus cannot be achieved, such as regarding the situation in Ukraine, a vote is conducted. While the Council continues to face allegations of bias against Israel, its supporters emphasize the Universal Periodic Review, a peer-review mechanism for the human rights record of all UN Member States, conducted every four and a half years.
The Impact of Funding Shortfalls
Despite human rights being a foundational pillar of the UN, a pervasive funding crisis presents a significant threat to the Council’s operations. Delegates have experienced reduced speaking times, and interpretation services have been scaled back. Independent experts have frequently indicated that funding limitations necessitate streamlining their work, echoing concerns previously voiced by the High Commissioner for Human Rights.
Reflections on Hope and Indispensability
Rolando Gomez, a senior communications official, recalled the palpable excitement of the Council’s inaugural session in 2006. He described a sense of witnessing the commencement of a reinforced international commitment to bolster human rights efforts and elevate their global prominence. “While it has faced its share of challenges and controversies, it has become an indispensable forum for dialogue, accountability and action on human rights issues worldwide,” he stated. He highlighted its unique capacity to provide a platform for often marginalized voices—victims, defenders, experts, and civil society representatives—whose testimonies shed light on human rights realities.
Bob Last, a seasoned political counsellor from the UK Mission who was present from the Council’s inception, remembered a blend of excitement and hope. Excitement arose from launching a significant new institution, while hope was rooted in improving upon the perceived shortcomings of the former Commission. He noted that while disagreements about those failings persist, Kofi Annan was explicit in his inaugural address about the Commission’s weaknesses and his aspirations for the newly formed Council.
