Human Rights Council/ United Nations Commission on Human Rights
Human Rights Council and United Nations Commission on Human Rights (UNHRC & UNCHR)
1. Introduction
The United Nations Human Rights Council (UNHRC) and the United Nations Commission on Human Rights (UNCHR) are two distinct bodies created under the United Nations framework to promote and protect human rights globally.
The UNCHR existed from 1946 to 2006.
It was replaced by the UNHRC in 2006 due to criticisms about its effectiveness and credibility.
2. United Nations Commission on Human Rights (UNCHR)
a. Establishment and Purpose
Established in 1946 by the Economic and Social Council (ECOSOC).
It was responsible for drafting the Universal Declaration of Human Rights (1948).
It comprised 53 member states, elected by ECOSOC.
Its mandate: To examine, monitor, and publicly report on human rights situations in specific countries or territories and on major human rights violations.
b. Criticism of UNCHR
Accused of being politicized and ineffective.
Some member states with poor human rights records used their membership to shield themselves from scrutiny.
c. Case Example – Rwanda Genocide (1994)
Failure of UNCHR: It failed to take meaningful action during the Rwandan Genocide, where over 800,000 people were killed in about 100 days.
Despite reports of atrocities, the Commission did not initiate prompt or preventive measures, raising questions about its response time and political neutrality.
3. United Nations Human Rights Council (UNHRC)
a. Establishment
Created by UN General Assembly Resolution 60/251 on 15 March 2006.
Succeeded the UNCHR to address its structural and functional flaws.
Comprises 47 member states, elected by the General Assembly.
b. Mandate
Promoting universal respect for human rights.
Addressing violations and responding to emergencies.
Conducting the Universal Periodic Review (UPR) – a unique process that reviews the human rights records of all UN member states every 4-5 years.
c. Features
Members are elected based on their human rights record.
Members can be suspended if they commit gross violations (e.g., Libya in 2011).
Special Procedures: Appoint Special Rapporteurs, independent experts, and working groups to monitor specific issues.
4. Key Case Laws and Incidents Involving the Human Rights Council
a. Darfur, Sudan (2006–2007)
After the replacement of UNCHR, UNHRC acted swiftly to address the Darfur crisis.
A High-Level Mission was sent to Sudan, despite lack of cooperation from the Sudanese government.
Result: Led to a series of resolutions condemning Sudan’s human rights abuses.
b. Libya (2011 Arab Spring)
During the Libyan uprising, UNHRC held a Special Session and condemned violence by Gaddafi’s regime.
UN General Assembly suspended Libya’s membership in the Council—first time ever under Resolution 60/251.
Outcome: Marked a significant enforcement of human rights accountability within the Council.
c. Israel and Palestine Conflict
UNHRC has established numerous fact-finding missions, such as the Goldstone Report (2009) investigating war crimes during the Gaza conflict.
Israel has accused the Council of bias, citing the disproportionate number of resolutions passed against it.
5. Comparison: UNCHR vs. UNHRC
| Feature | UNCHR (1946–2006) | UNHRC (2006–Present) |
|---|---|---|
| Created by | ECOSOC | UN General Assembly |
| Membership | 53 states | 47 states |
| Selection criteria | Regional representation | Human rights record + regional basis |
| Mandate | Promotion and protection | Same, with more robust mechanisms |
| Accountability mechanisms | Weak | UPR, suspension of members possible |
| Criticism | Politicization, ineffective | Still criticized, but more active |
6. Conclusion
The United Nations Human Rights Council (UNHRC) is a reformed and more effective version of the United Nations Commission on Human Rights (UNCHR). While both were created with the goal of protecting human rights, the UNHRC introduced accountability, transparency, and procedural reforms that addressed many of the criticisms faced by its predecessor.
Yet, challenges remain – especially accusations of politicization and selective enforcement. Nevertheless, through mechanisms like the Universal Periodic Review and Special Procedures, the UNHRC has significantly enhanced the international community’s ability to monitor and respond to human rights violations.
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