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Statute

Charter of the United Nations

Chapter XIII Human Rights Council HA-16-9-06

This treaty amends Chapter XIII of the UN Charter Arts 86-91 Trusteeship Council for the Human Rights Council as ordered in the Outcome Document of the 2005 World Summit A/59/HLPM/CRP.1/Rev.1 of 22 September 2005 and established in General Assembly Resolution A/60/251 Human Rights Council of 3 April 2006.  The Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two-thirds majority. The Council will be primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated culture. 

COMPOSITION

Article 86

1. The Human Rights Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights;

 

2. Those elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights, and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council.

RESPONSIBILITY

Article 87

The Council will be the organ primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated culture.  The treaty bodies the Council reviews are:

a. High Commissioner of Human Rights

b. Council on Human Rights

c.  Committee on Migrant Workers

d.  Committee on Economic, Social and Cultural Rights

e.  Committee on the Elimination of Discrimination against Women

f.   Committee on the Rights of the Child

g.  Committee on the Elimination of Racial Discrimination

h.  Committee against Torture

FUNCTION

Article 88

The Council will be:

1. The forum for dialogue on thematic issues relating to all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights;

2. To promote international cooperation to enhance the abilities of Member States to implement human rights commitments, including international norms and standards, and the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation and capacity-building;

3. Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies. The Council should also work in close cooperation with regional organizations in the field of human rights;

4. Evaluate the fulfillment by all States of all their human rights obligations, in particular under the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties;

5. Address any matters or situations related to the promotion and protection of human rights, including urgent human rights situations, and make recommendations thereon to the Member States and provide policy recommendations to the United Nations system and petitioners.

VOTING

Article 89

  1. Each member of the Council shall have one vote.  
  2. Decisions of the Council shall be made by a majority of the members present and voting.                                                                                                                                                                       

PROCEDURE

Article 90

  1. The Council shall adopt its own rules of procedure, including the method of selecting its High Commissioner.
  2. The Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Article 91

1. The Council shall submit an annual report to the General Assembly.

2. The Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned. 

3. The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Council.