Role of UNHRC in Safeguarding Human Rights

The Role of UNHRC (United Nations Human Rights Council) is to promote and protect human rights worldwide. Its mandate, as outlined in its founding resolution, includes a variety of tasks aimed at safeguarding human dignity, promoting the rule of law, and addressing human rights abuses. The UNHRC is a intergovernmental body of the United Nations, headquarted in Geneva, Switzerland, which was formed in 2006. It succeeded the United Nations Commission on Human Rights (UNCHR), which had been criticized for being ineffective and vulnerable to political manipulation.

The UN General Assembly selected 47 member states to make up the council, with each serving a three-year term and limited to two consecutive terms. The council’s composition is determined by equitable geographical distribution, with seats assigned to various regions: Africa, Asia-Pacific, Latin America and the Caribbean, Western Europe and others, and Eastern Europe. This structure ensures balanced global representation in the council’s activities.

Factors that led to the establishment of the UNHRC

• The United Nations Commission on Human Rights (UNCHR) had faced widespread criticism for allowing countries with poor human rights records to serve as members, which undermined its credibility. It was accused of being overly politicized, as some member states used it to shield themselves or their allies from criticism while targeting political opponents.
• The desire for a stronger human rights body led to the envisioning of a new council which would be more impartial entity with the power to address human rights violations globally. Its formation reflected a growing global consensus on the need for more robust mechanisms to prevent and address violations of human rights.
• A key motivation behind the creation of the UNHRC was to improve transparency and accountability in addressing human rights issues. This included changes in membership criteria and enhanced monitoring and reporting procedures.

Role of UNHRC in Safeguarding Human Rights

• The UNHRC plays a critical role in setting international standards by adopting resolutions and treaties that address issues like gender equality, discrimination, and freedom of expression.
• A central function of the council is investigating and addressing human rights violations in member states. It does this through fact-finding missions, commissions of inquiry, and the appointment of special rapporteurs.
• The council appoints independent human rights experts, called Special Rapporteurs, to monitor, report, and advise on specific human rights issues globally, such as the rights of migrants or freedom of religion.
• Beyond crisis zones, the UNHRC investigates persistent human rights abuses in stable countries or regions with longstanding issues, such as discrimination, poverty, or violations of minority rights.
• The UNHRC works to establish and promote international norms for human rights through discussions, declarations, and the adoption of resolutions that set standards for member states to follow. This helps strengthen international law and ensures a common understanding of human rights obligations.
• One of the UNHRC’s most notable mechanisms is the Universal Periodic Review (UPR). The UPR is a unique process in which the human rights record of every UN member state is reviewed every four to five years. This review allows for a thorough evaluation of a country’s human rights practices and provides recommendations for improvement. The process is designed to be transparent and inclusive, encouraging dialogue between governments and civil society.
• The UNHRC works closely with UN member states, the UN system, NGOs, and civil society organizations. It provides a platform for dialogue and cooperation on human rights issues and seeks to strengthen international collaboration to address global challenges.
• The council can convene special sessions to address emergency human rights crises, such as conflicts, mass atrocities, or widespread abuses. These special sessions allow the UNHRC to act quickly in response to urgent human rights concerns, such as in cases of war crimes, ethnic cleansing, or genocide.
• The UNHRC holds states accountable for their human rights obligations. Through resolutions and recommendations, it urges governments to take concrete actions to improve their human rights records. When states fail to comply, the council can refer cases to other UN bodies, such as the International Criminal Court (ICC).

Role of UNHRC in Crisis Management

Monitoring and Reporting Human Rights Violations

• The role of UNHRC is to deploy mechanisms such as fact-finding missions, special rapporteurs, and commissions of inquiry to monitor and document human rights abuses in crisis situations.
• These investigations produce reports that provide crucial information to the global community, detailing the scope of abuses and identifying those responsible.
• By documenting atrocities like war crimes, torture, and mass killings, the council brings attention to abuses, preventing them from being overlooked.

Convening Special Sessions for Urgent Crises

• In times of crisis, the UNHRC holds special sessions to address urgent human rights situations.
• These sessions bring together member states to discuss immediate actions, issue resolutions, and condemn ongoing abuses.
• Special sessions provide a rapid international response to escalating crises, helping to mobilize diplomatic and humanitarian interventions.

Establishing Accountability Through Investigations

• By establishing commissions of inquiry and fact finding missions to investigate human risgts violation, the UNHRC recommends accountability measures.
• These investigations help lay the groundwork for prosecuting those responsible for atrocities, contributing to international legal efforts.

Also Read: Role of NGOs in Human Rights Protection

Supporting Vulnerable Populations

• During crises, vulnerable groups such as women, children, refugees, and ethnic minorities are often the most affected.
• The UNHRC prioritizes protecting these groups by advocating for their rights and coordinating with other UN agencies to deliver humanitarian assistance.
• The council also highlights gender-based violence, sexual violence, and exploitation, ensuring that these issues remain central to international responses.

Promoting Humanitarian Aid and Refugee Protection

• The UNHRC advocates for humanitarian assistance in conflict zones and supports the rights of refugees and internally displaced persons (IDPs).
• It coordinates with the UN High Commissioner for Refugees (UNHCR) and other bodies to ensure that displaced populations receive food, shelter, healthcare, and protection, while also emphasizing long-term solutions such as safe resettlement.

Also Read: Role of WHO in Healthcare

Encouraging Peacebuilding and Post-Conflict Justice

• In post-crisis recovery, the role of UNHRC is to promote transitional justice mechanisms, such as truth commissions and war crimes tribunals, to ensure accountability for past violations.
• It helps in rebuilding trust in post-conflict societies and prevents future violence by holding perpetrators accountable.

Notable Works of UNHRC in Conflict-Affected Areas

Establishment of the Universal Periodic Review (UPR)

One of the UNHRC’s most notable achievements is the creation of the Universal Periodic Review (UPR) mechanism in 2008, a groundbreaking system designed to review the human rights records of all 193 UN member states every four to five years.

• The UPR is unique because it treats all countries equally, regardless of their size, power, or political influence. Every nation is subject to the same review process, helping ensure a fair evaluation of human rights performance.
• The UPR has promoted cooperation and dialogue among states by allowing countries to discuss their human rights challenges in a non-confrontational environment. Countries often receive recommendations on how to improve their human rights records, fostering international engagement and constructive solutions.
• Many countries have implemented reforms based on UPR recommendations, leading to significant improvements in areas such as judicial reform, freedom of expression, and gender equality.
  • Morocco undertook reforms to improve women’s rights, including amending the family code.
  • Tunisia, after its UPR, made substantial progress in enshrining human rights protections in its new constitution following the Arab Spring.

Advocacy and Action in the Syrian Civil War

The UNHRC has been instrumental in documenting atrocities during the Syrian Civil War, one of the most brutal conflicts of the 21st century. In response to widespread reports of human rights abuses, including mass killings, chemical attacks, and the targeting of civilians, the council established the Independent International Commission of Inquiry on the Syrian Arab Republic in 2011.

• The commission gathered detailed evidence of war crimes and crimes against humanity, including the use of chemical weapons, indiscriminate bombing of civilian areas, and systematic torture by the Syrian government and opposition forces. This documentation has been vital in raising awareness about the conflict and has served as a foundation for future accountability efforts.
• The commission’s findings were crucial in pushing for international legal accountability, with numerous calls for the situation in Syria to be referred to the International Criminal Court (ICC). Although challenges remain in holding perpetrators accountable, the UNHRC’s work has kept the atrocities in Syria in the global spotlight.

Advocacy for the Rohingya People of Myanmar

The Rohingya, a Muslim minority group, have faced long-standing persecution in Myanmar, which escalated into what many have called ethnic cleansing in 2017 when military forces launched a brutal campaign against them, forcing hundreds of thousands to flee to Bangladesh.

• The UNHRC established a fact-finding mission in 2017 to investigate the violence. The mission’s report found that Myanmar’s military had committed genocide, including mass killings, rapes, and the destruction of entire villages. The detailed documentation of these atrocities laid the groundwork for increased international pressure on Myanmar.
• The mission’s findings have been used as evidence in international legal forums. In 2019, The Gambia filed a case against Myanmar at the International Court of Justice (ICJ), accusing the country of violating the Genocide Convention. The UNHRC’s role in documenting the crimes has been vital in advancing these legal proceedings.
• The council’s persistent focus on the Rohingya crisis has also mobilized the international community to provide humanitarian assistance to refugees, including coordinating aid for the over 700,000 Rohingya who fled to Bangladesh.

Also Read: UNDP and Its Partnership with India

Intervention in Libya during the Arab Spring

During the Libyan Civil War in 2011, the UNHRC played a key role in addressing human rights violations by the regime of Muammar Gaddafi. The conflict, part of the broader Arab Spring, involved widespread violence against civilians as the Gaddafi regime attempted to suppress an uprising.

• In response to reports of mass killings and the use of heavy weapons against civilians, the UNHRC swiftly established a Commission of Inquiry to investigate the situation. The commission documented the use of excessive force, arbitrary detention, and torture by government forces.
• The UNHRC’s findings, combined with pressure from other UN bodies, played a role in the UN Security Council’s decision to refer the situation in Libya to the International Criminal Court (ICC). This was a landmark move, as it marked one of the few instances where the Security Council acted so decisively in response to a human rights crisis.
• The council’s reports on the scale of human rights violations contributed to the international consensus that led to a NATO-led intervention to protect Libyan civilians, demonstrating the council’s influence in shaping global responses to crises.

Addressing Human Rights Violations in Yemen

In the context of the Yemen Civil War, which has led to one of the world’s worst humanitarian crises, the UNHRC has been active in documenting human rights violations by all parties involved, including the Houthi rebels and the Saudi-led coalition.

• In 2017, the UNHRC established the Group of Eminent Experts (GEE) on Yemen to investigate abuses. The GEE has documented indiscriminate attacks on civilians, sexual violence, and the use of child soldiers, highlighting violations of international humanitarian law.
• Although the conflict continues, the UNHRC’s reports have increased global awareness of the humanitarian crisis and have contributed to calls for a peaceful resolution, as well as for accountability for the perpetrators of war crimes.

Partnerships and Collaborations

The UNHRC’s collaborations with various NGOs and civil society organizations (CSOs) significantly enhance its ability to address human rights violations worldwide. These partnerships enable the UNHRC to leverage the specialized knowledge, local networks, and advocacy efforts of these groups. Such collaborations are vital for expanding the council’s influence on the ground, providing in-depth reports on violations, championing specific causes, and ensuring diverse voices—particularly those from vulnerable and marginalized populations—are represented at the global level. Each organization offers unique expertise and local connections that contribute to the UNHRC’s overarching goal of promoting and protecting human rights. Below are some collaboration of UNHRC with other NGOs and CSOs:

Human Rights Watch (HRW)

Human Rights Watch is a key partner of the UNHRC, providing detailed reports and evidence of human rights violations in conflict zones, authoritarian regimes, and countries experiencing political unrest. HRW’s research has informed the UNHRC’s decisions on crises such as the Syrian Civil War, Myanmar’s treatment of the Rohingya, and abuses in North Korea. HRW’s lobbying efforts have also supported the passage of important resolutions at the UNHRC.

Also Read: Role of UNESCO in Education

Save the Children

The Save the Children organization collaborates with the UNHRC on issues related to children’s rights, particularly in conflict zones and refugee crises. Their work in advocating for the protection of children from violence, exploitation, and displacement has helped shape the UNHRC’s approach to addressing the vulnerabilities faced by children in humanitarian settings.

Reporters Without Borders (RSF)

Reporters Without Borders (RSF) partners with the UNHRC to advocate for press freedom and the protection of journalists. RSF provides reports and data on media repression, especially in countries where journalists are targeted, censored, or killed. The collaboration helps the UNHRC address freedom of speech violations and calls for protective measures for journalists and media workers in dangerous regions.

Amnesty International

As one of the most prominent international human rights organizations, Amnesty International works closely with the UNHRC by providing critical information on human rights violations globally. Amnesty’s reports and investigations contribute to UNHRC discussions, particularly during the council’s regular and special sessions, and their advocacy campaigns often align with the council’s resolutions on issues like torture, the death penalty, and freedom of expression.

Limitation of UNHRC

• The UNHRC has been criticized for allowing political bias to influence its decisions, with some member states using their positions to protect allies or themselves from scrutiny. This has led to accusations of selective attention to certain countries while overlooking severe violations in others.
• Countries with poor human rights records are sometimes elected to the council, which undermines its credibility. These states may use their influence to block investigations or resolutions that would hold them accountable, diminishing the council’s legitimacy.
• The UNHRC can investigate, report, and make recommendations, but it lacks binding enforcement authority. Its decisions are not legally obligatory, and it has no mechanism to compel states to follow its recommendations, making it reliant on moral authority and international pressure.
• In some instances, the UNHRC has been slow to respond to urgent human rights crises. Bureaucratic processes, political disagreements, and limited resources often delay its ability to act swiftly in situations where immediate intervention is needed.
• The UNHRC often struggles with limited funding, which affects its ability to conduct thorough investigations and deploy fact-finding missions. This lack of resources hinders its effectiveness, especially in conflict zones or areas with restricted access.
• Powerful countries can influence the council’s agenda, decisions, and outcomes. This geopolitical dominance can lead to decisions that align more with political interests than genuine human rights concerns, limiting the impartiality of the council.
• Many recommendations issued by the UNHRC, particularly through mechanisms like the Universal Periodic Review (UPR), are not implemented by states. There is often little follow-up or accountability to ensure that countries act on the council’s advice or improve their human rights records.
• The UNHRC’s role sometimes overlaps with other UN entities, such as the Office of the High Commissioner for Human Rights (OHCHR) or the Security Council. This can lead to confusion, duplication of efforts, and inefficiency in addressing human rights violations.
• The council has been criticized for inefficiency and slow bureaucratic processes. Meetings and debates can become protracted without leading to concrete action, reducing the effectiveness of the council’s work on critical human rights issues.
• While the UNHRC has mechanisms in place to address traditional human rights violations, it has been slow to address emerging challenges such as digital privacy, climate change, and health-related rights, which are increasingly impacting global human rights landscapes.

Conclusion

The UNHRC plays a crucial role in protecting human rights globally through mechanisms like fact-finding missions, special rapporteurs, and the Universal Periodic Review. While it faces challenges such as political bias and limited enforcement power, its partnerships with NGOs and civil society enhance its effectiveness. To remain relevant, the UNHRC must adapt to new challenges like climate change and digital rights. Despite its limitations, ongoing reforms and a commitment to accountability ensure the UNHRC remains a key institution in safeguarding human rights and promoting justice worldwide.

Frequently Asked Questions (FAQs)

What is the UNHRC, and when was it established?

The United Nations Human Rights Council (UNHRC) is a global body within the UN system responsible for promoting and protecting human rights around the world. It was established in 2006, replacing the United Nations Commission on Human Rights.

What is the primary mandate of the UNHRC?

The UNHRC’s mandate is to promote and protect human rights globally, address violations, and make recommendations to prevent future abuses. It also supports countries in upholding international human rights standards.

How does the UNHRC differ from the former United Nations Commission on Human Rights?

The UNHRC replaced the Commission on Human Rights to address criticisms of political bias and inefficiency. The UNHRC has a stronger focus on transparency, accountability, and global participation, with mechanisms like the Universal Periodic Review (UPR) to evaluate all member states.

What mechanisms does the UNHRC use to investigate human rights abuses?

The UNHRC uses fact-finding missions, special rapporteurs, commissions of inquiry, and independent experts to investigate human rights violations and compile reports on abuses.

How does the UNHRC contribute to global efforts in combating discrimination and inequality?

The UNHRC promotes equality by addressing racial, gender, religious, and social discrimination through its resolutions, fact-finding missions, and support for marginalized groups. It advocates for anti-discrimination laws and policies globally.

What are the main criticisms or limitations of the UNHRC?

Criticisms of the UNHRC include political bias, the election of member states with poor human rights records, lack of enforcement power, and slow response to crises. Limited resources and geopolitical influences also affect its work.

What is the role of special rapporteurs within the UNHRC?

Special rapporteurs are independent experts appointed by the UNHRC to focus on specific human rights issues, such as freedom of expression or torture. They conduct investigations, report on violations, and make recommendations to improve human rights practices.

What successes has the UNHRC achieved in safeguarding human rights?

The UNHRC has successfully brought global attention to crisis zones, helped implement human rights reforms through the UPR, and initiated international investigations that exposed violations in countries like Myanmar, Syria, and South Sudan.

What reforms are being proposed to strengthen the role of the UNHRC?

Proposed reforms include stricter membership criteria, enhancing the UPR mechanism, improving fact-finding missions, and creating stronger enforcement mechanisms to hold violators accountable. There are also calls for more focus on emerging issues like climate change and digital rights.

How can individuals or organizations engage with the UNHRC?

Individuals and organizations can engage with the UNHRC by submitting reports on human rights violations, attending council sessions, and participating in side events. NGOs can also apply for consultative status to work directly with the council.