The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNOHCHR).
It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights. The UNCHR successfully introduced the Universal Declaration of Human Rights of 1948. The body's reputation became controversial over time, as many observers saw it as highly politicized and vulnerable to outside pressure. Scholars have found that states with a poor human rights record were more likely to be elected to the body than countries with good records.
On March 15, 2006, the UN General Assembly voted overwhelmingly to replace UNCHR with the UN Human Rights Council.
History
The UNCHR was established in 1946 by ECOSOC, and was one of the first two "Functional Commissions" set up within the early UN structure (the other being the Commission on the Status of Women). It was a body created under the terms of the United Nations Charter (specifically, under Article 68) to which all UN member states are signatories.
It met for the first time in January 1947 and established a drafting committee for the Universal Declaration of Human Rights, which was adopted by the United Nations on December 10, 1948.
The body went through two distinct phases. From 1947 to 1967, it concentrated on promoting human rights and helping states elaborate treaties, but not on investigating or condemning violators. It was a period of strict observance of the sovereignty principle.
In 1967, the Commission adopted interventionism as its policy. The context of the decade was of Decolonization of Africa and Asia, and many countries of the continent pressed for a more active UN policy on human rights issues, especially in light of massive violations in apartheid South Africa. The new policy meant that the Commission would also investigate and produce reports on violations.
To allow better fulfillment of this new policy, other changes took place. In the 1970s, the possibility of geographically oriented workgroups was created. These groups would specialize in investigating violations in a particular region or even a single country, as was the case with Chile. With the 1980s came the creation of theme-oriented workgroups, which would specialize in specific types of abuses.
None of these measures, however, were able to make the Commission as effective as desired, mainly because of the presence of human rights violators and the politicization of the body. During the following years until its extinction, the UNCHR became increasingly discredited among activists and governments alike.
The Commission held its final meeting in Geneva on March 27, 2006, and was replaced by the United Nations Human Rights Council in the same year.
Mandate The Commission on Human Rights was intended to examine, monitor and publicly report on human rights situations in specific countries or territories (known as country mechanisms or mandates) as well as on major phenomena of human rights violations worldwide (known as thematic mechanisms or mandates). The Human Rights division of the U.N. is also expected to uphold and protect the Universal Declaration of Human Rights.
Structure
At the time it was extinguished, the Commission consisted of representatives drawn from 53 member states, elected by the members of ECOSOC. There were no permanent members: each year (usually in May), approximately a third of its seats would come up for election and those chosen would be appointed for a three-year term.
Seats on the Commission were apportioned by region, using the mechanism of the United Nations Regional Groups. During its last year of service in 2005, the representation by region was as follows. 15 from the African Group: Burkina Faso, Republic of the Congo, Egypt, Eritrea, Ethiopia, Gabon, Guinea, Kenya, Mauritania, Nigeria, South Africa, Sudan, Swaziland, Togo, Zimbabwe 12 from the Asian Group: Bhutan, People's Republic of China, India, Indonesia, Japan, Malaysia, Nepal, Pakistan, Qatar, Republic of Korea, Saudi Arabia, Sri Lanka 5 from the Eastern European Group: Armenia, Hungary, Romania, Russian Federation, Ukraine 11 from the Latin American and Caribbean Group: Argentina, Brazil, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Paraguay, Peru 10 from the Western European and Others Group: Australia, Canada, Finland, France, Germany, Ireland, Italy, Netherlands, United Kingdom, United States
The Commission would meet each year in regular session for six weeks during March and April in Geneva, Switzerland. In January 2004, Australia was elected as chair of the 60th Session. In January 2005, Indonesia was elected chair of the 61st Session. Peru was elected chair of the 62nd Session in January 2006. The Commission held its final meeting in Geneva on March 27, 2006.
Chairs +#NameCountryTimeEleanor RooseveltApril 29, 1946 – December 30, 1952Charles MalikDecember 30, 1952Mahmoud Azmi1953-1954René Cassin1955-1956Felixberto Serrano1957Senerat Gunewardene1958-1959Mario Amadeo1960C.S. Jha1961Georges Hakim1962Abdul Rahman Pazhwak1963Enrique Ponce y Carbo1964Salvador P. Lopez1965Fernando Volio Jiménez1966Petr Emelyanovich Nedbailo1967Ibrahima Boye1968R.Q. Quentin-Baxter1969Ashraf Pahlavi1970Andrés Aguilar1971Engeniusz Kulaga1972Radha Krishna Ramphul1973Felix Ermacora1974G. Allana1975Leopoldo Benites1976Aleksander Bozavic1977Kéba Mbaye1978Yvon Beaulne1979Waleed Saadi1980Carlos Calero Rodrigues1981Ivan Garvalov1982Olara Otunnu1983Pieter Kooijmans1984Abu Sayeed Chowdhury1985Héctor Charry-Samper1986Leonid Evmenov1987Alioune Sene1988Marc Bossuyt1989Purificacion Quisumbing1990Enrique Bernales Ballesteros1991Pál Solt1992Mohamed Ennaceur1993Peter van Wulfften Palthe1994Musa Hitam1995Gilberto Saboia1996Miroslav Somol1997Jacob Selebi1998Anne Anderson1999Shambhu Ram2000Leandro Despouy2001Krzysztof Jakubowski2002Najat Al-Hajjaji2003Mike Smith2004Makarim Wibisono2005Manuel Rodríguez Cuadros2006
Sub-Commission on the Promotion and Protection of Human Rights
Originally known as the Sub-Commission on Prevention of Discrimination and Protection of Minorities, this sub-commission became the Sub-Commission on the Promotion and Protection of Human Rights in 1999.UN Human Rights Council, Sub-Commission on the Promotion and Protection of Human Rights, Retrieved 2010-04-19 The sub-commission was the main subsidiary body of the Commission on Human Rights. It was composed of twenty-six experts whose responsibility was to undertake studies, particularly in light of the Universal Declaration of Human Rights, and make recommendations to the Commission concerning the prevention of discrimination of any kind relating to human rights and fundamental freedoms and the protection of racial, national, religious and linguistic minorities. Membership was selected with regard to equitable geographical distribution.
The Sub-Commission established seven Working Groups to investigate specific human rights concerns, including: Minorities Transnational Corporations Administration of Justice Anti-terrorism Contemporary Forms of Slavery Indigenous Populations Communication Social Forum
The United Nations Human Rights Council assumed responsibility for the Sub-Commission when it replaced the Commission on Human Rights in 2006.
Special procedures The Commission on Human Rights established 30 special procedures, or mechanisms, to address specific country situations or thematic issues such as freedom of expression and opinion, torture, the right to food, and the right to education.
Individuals with expertise in particular areas of human rights were appointed by the chair of the Commission to serve as Special Rapporteurs for a maximum of six years. They are unpaid, independent experts who receive personnel and logistical support from the Office of the High Commissioner for Human Rights for their work. Their main activities are to examine, monitor, advise and publicly report on human rights situations in specific countries or territories. They are able to write to governments about reported violations and conduct fact-finding visits to countries that invite them.
The special mechanisms are categorised according to thematicThematic Mandates and country mandates.Country Mandates
Special procedures also include working groups made up of up to five experts who monitor and investigate specific human rights concerns. Three groups were established by the Commission: Working Group on Arbitrary Detention Working Group on Enforced or Involuntary Disappearances Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination
The special procedures are now under the direction of the United Nations Human Rights Council.
Criticism The Commission was repeatedly criticized for the composition of its membership. In particular, several of its member countries themselves had dubious human rights records, including states whose representatives had been elected to chair the Commission. Countries with records of human rights abuses like torture, extrajudicial killings, political imprisonment, and disappearances likely sought election to the Commission to project a positive international image. Commission membership also provided some political shelter from criticism of these abuses.
Another criticism was that the Commission did not engage in constructive discussion of human rights issues, but was a forum for politically selective finger-pointing and criticism. The desire of states with problematic human rights records to be elected to the Commission was viewed largely as a way to defend themselves from such attacks.
Activist groups had long expressed concern over the memberships of the China, Zimbabwe, Russia, Saudi Arabia, and Pakistan, and the past memberships of Algeria, Syria, Libya, Uganda, and Vietnam on the Commission. These countries had extensive records of human rights violations, and one concern was that by working against resolutions on the Commission condemning human rights violations, they indirectly promoted despotism and domestic repression.
On May 4, 2004, United States Ambassador Sichan Siv walked out of the Commission following the uncontested election of Sudan to the commission and called it an "absurdity" in light of Sudan's ethnic cleansing in Darfur.Sudan keeps U.N. human rights post - World news - nbcnews.com One major consequence of the election of Sudan to the Commission was the lack of willingness of some countries to work through the Commission. For example, on July 30, 2004, it was the United Nations Security Council, not the Commission, that passed a resolution—by 13–0, with China and Pakistan abstaining, threatening Sudan with unspecified sanctions if the situation in the Darfur region did not improve within the following 30 days. The reasons given for the action were the attacks by the Janjaweed Arab militias of Sudan on the non-Arab African Muslim population of Darfur, a region in western Sudan.
The Commission had also come under repeated criticism from the United States for its unwillingness to address other human rights concerns. In 2001, the United States was voted off the Commission by the other member states, many of which have been criticized for their human rights violations, and in 2003, Syria put forward a proposal to discuss US war crimes in Iraq. However, the American journalist Anne Applebaum wrote that "the European Union and the United States aren't exempt from blame, either." She cited their hesitance in voting to criticize Russia's actions in Chechnya.
Israel