UNIT I: Human Rights & UN

Module 4: UN Human Rights Commission

Objectives
 Examine the historical and philosophical backdrop of UNCHR
 Understand the linkage between UNCHR and other UN organs
 Elaborate the activities and interventions
 Engage with the debates on abolition of UNCHR

Summary
In 1946, the UN established the Commission on Human Rights as one of the principal
policy-making bodies for human rights. Originally composed of 18 members States, the UN
Commission on Human Rights Commission (UNCHR) went on to become a 53 members’
body. Its main function has been to review, develop and codify new international norms. It
also made recommendations to member Governments on human rights issues. The
philosophy and practice of UN towards human rights inherently stands to cover all human
beings, irrespective of nationalities, place of residence, sex, national or ethnic origin, colour,
religion, language, or any other status. Like several other organs of UN, the membership of
UNCHR are distributed zone-wise with 15 members from African States 15, 12 from Asian
States, 5 from Eastern European States, 11 Latin American & Caribbean States, 10 from
Western Europe & Other States. On 15 March 2006, the UN General Assembly voted
overwhelmingly to replace UNCHR with the UN Human Rights Council

TEXT

Introduction
The idea of protecting human rights actually precedes the United Nations. After
having experienced the two disastrous World Wars of the twentieth century, the perception of
international community on individual and collective rights had increased enormously. It was
with this broad concern in mind, in 1946, the UN established the Commission on Human
Rights as one of the principal policy-making bodies for human rights. Originally composed of
18 members States, the UN Commission on Human Rights Commission (UNCHR) went on
to include 53 members who meet annually in Geneva to review, develop and codify new
international norms, and make recommendations to Governments on human rights issues.
All Members of the United Nations pledge themselves, in Article 56 of the Charter
signed at San Francisco, to take both joint and individual action, in cooperation with the
United Nations organization, to bring about universal respect for, and observance of, human
rights and certain fundamental freedoms for all without distinction as to race, sex, language,
or religion. The responsibility placed upon the United Nations for the effective promotion of
the universal observance of these and other fundamental freedoms is to be discharged,
according to Articles 60 and 68 of the Charter, by the General Assembly, by the Economic
and Social Council, and by a Commission on Human Rights. The major assignment of the
Commission is to provide effective leadership in building up a system of international
cooperation by sovereign States which may insist inopportunely upon their right “to order
their national affairs . . . in their own way.” The Commission, with the support of the
Economic and Social Council, will have to work out methods of procedure, acceptable to the
sovereign States, for obtaining information as to the manner in which the fundamental
freedoms are observed in each of the States.
The philosophy and practice of UN towards human rights inherently stands to cover
all human beings, irrespective of nationalities, place of residence, sex, national or ethnic
origin, colour, religion, language, or any other status. The idea to ensure rights of all without
discrimination constitutes the core of UN’s willingness to produce a Universal system on
human rights. The Universal human rights are often expressed and guaranteed by several UN
laws such as treaties, customary international laws, conventions, etc. International human
rights law lays down obligations of Governments to act in certain ways or to refrain from
certain acts, in order to promote and protect human rights and fundamental freedoms of all.
Historically speaking, the principle of universality of human rights is the cornerstone
of international system on human rights. It is pertinent to link the UNCHR with the overall
UN’s international will to weave a way to safeguard fundamental rights from a non-
discriminatory perspective. For example, the UN Economic and Social Council (ECOSOC)
and the Office of the United Nations High Commissioner for Human Rights (UNHCHR)
served as the backbone of UNCHR’s activities in general.

Objectives
The primary objectives of UNCHR include greater engagement, working closely with
the UN partners at all levels in order to ensure that international human rights standards.
UNCHR officiated by the Office of the United Nations High Commissioner for Human
Rights (OHCHR) represents the international will to ensure human rights and dignity. Thus,
the UNCHR enjoys a unique mandate from the international community vis-à-vis human
rights.

Membership
The UNCHR is constituted by 53 member States. The election to the UNCHR takes
place in the month of May. The members serve for a three-year term and they can be re-
elected as well. It is worthy to note that within UNCHR system there is no provision for
permanent membership. Like several organs of UN, the membership of UNCHR are
distributed zone-wise with 15 members from African States 15, 12 from Asian States, 5 from
Eastern European States, 11 Latin American & Caribbean States, 10 from Western Europe &
Other States. The meetings are held each year with regular sessions for six weeks during
March and April.

Philosophy of UNCHR
The UNCHR was established as one of the first two “Functional Commissions” set up
in the initial years of United Nations Organisation. The other commission was the
Commission on the Status of Women. To talk about the UN covenant, UNCHR was
conceived under the Article 68 of the UN Charter. The Commission’s philosophy and
incessant work resulted in the emergence of a drafting committee for the Universal
Declaration of Human Rights, which was ultimately approved on December 10, 1948. The
Declaration continues to be the guidebook for all UN perspectives on human rights.

Special Interventions
In its entire six decades of lifetime, the UNCHR established at least 30 special procedures
to address various issues which included the following;
 Freedom of expression and opinion
 Against Torture
 Right to Food
  Right to education
In order to meet its objectives, people with commendable knowledge on specific issues
relating to human rights were appointed. The experts were called as the Special Rapporteurs.
The rapporteurs work for a maximum of six years. Their main activities are to examine,
monitor, advice and publicly report on human rights situations. The Commission enjoys the
power to write to governments about reported violations. It can also conduct fact-finding
visits to countries that invite them. The interventions of the UNCHR’s special mechanisms
are broadly classified as;
A. Thematic Mandates
B. Country Mandates
To define the above two concepts, the interventions of Commission which largely
addressed major phenomena of human rights violations all over the world are broadly
categorised as thematic mandates. Country mandates referred to such interventions of the
Commission that involved monitoring and acquire wider reporting on human rights violations
and abuses in a specific country or territory.
Phases of Interventions
The UNCHR has gone through two important phases as far as its interventions are
concerned. It is generally perceived that the period between 1947 to 1967 UNCHR harped on
the policy of absenteeism. During this period of functional absenteeism the UNCHR
concentrated on promoting human rights and the member states to acquaint with international
norms and treaty practices. It can be, thus, argued that the first phase of UNCHR was that of
strict observance of the “sovereignty principle”. Opting to the ‘sovereignty’ principle made
the UNCHR’s interventions largely sterile and inactive.
The activities of UNCHR which began in 1967 is regarded as the second phase. The
Commission adopted an active approach. The second coincided with the speedy
decolonization of states in Africa and Asia. During this phase, many countries of the
continent pressed for a more active UN policy on human rights issues, especially in the wake
of massive oppression in Apartheid South Africa. The approach of the second phase resulted
in a more direct and investigative manner on issues concerning human rights violations.
The approach of the second phase resulted in a more direct and investigative manner
on issues concerning human rights violations. In the second phase, the main concern of
UNCHR was to allow better fulfilment of its commitment to improve human rights several
additional processes were created. Throughout the second phase the activities remained zone-
based as a result of which several geographically-oriented workgroups was created. The
working groups focused on the investigation and preventing violation of human rights.
One of the interesting interventions of UNCHR during this phase was the passing of
number of resolutions concerning genocide. It was in the 1978 the UNCHR endorsed the
recommendations of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities. Similarly, in August 1992, the UNCHR condemned the concept and practice of
‘ethnic cleansing’ particularly drawing international attention to the experiences in former
Yugoslavia. In November 1992, the UNCHR called upon all Sates to consider the extent to
which the acts committed in Bosnia and in Croatia constitute genocide in accordance with the
Genocide Convention. The interventions are many. Again in 1994, at the request of Canada
an emergency meeting was convened to deal with the on-going genocide in Rwanda. With
the turn of 1980s, the works of UNCHR concentrated on theme-oriented working groups
which meant the establishment of more specialised initiatives to prevent abuses and
violations of human rights.
Sub-Commission on the Promotion and Protection of Human Rights
As a part of Commission’s pro-active approach to deal with human rights issues in the
1990’s, UNCHR proceeded to form various sub-commissions. The sub-Commissions are also
often defined as ‘subsidiary bodies; of UN dealing with promoting human rights. The
subsidiary bodies were composed of twenty-six experts whose task was to undertake studies,
document and make suggestions to the Commission concerning the prevention of
discrimination of any kind relating to human rights including racial, religious and minorities.
The following are the main themes on which the sub-commissions acted upon;

 Minorities
 Transnational corporations
 Anti-terrorism
 Contemporary Forms of Slavery
 Indigenous Populations
 Social Forum
As the time progressed, the United Nations Human Rights Council finally assumed main
responsibility for the Sub-Commission as it finally replaced the UNCHR in 2006.
Recent Trends of UNCHR
The United Nations human rights programme has grown considerably in the last 60
years. Organizationally, it began as a small unit at United Nations Headquarters in the 1940s.
Subsequently, the unit later moved to Geneva and was upgraded to the Centre for Human
Rights in the 1980s. At the World Conference on Human Rights in 1993, it was decided to
wage a bigger human rights movement with stronger institutional support. Thus, the member
States of the United Nations resolved to form OHCHR by a General Assembly Resolution in
1993. The 1993 Vienna World Conference on Human Rights acknowledged that it was the
duty of States to protect all human rights and fundamental freedoms irrespective of political,
economic and cultural belongingness. Since then several fundamental rights have been
emphasised which gradually became a customary international legal norm. However, what is
problematic in this regard is that even the right to liberty have been restricted in situations
wherever needed.
According to Fifty-ninth UNCHR session of 2005 recommendation number 12 and
13, the proposal to elevate the Commission on Human Rights to a standing Human Rights
Council was supported by many delegations as a means of concretely reflecting the centrality
of human rights issues in the United Nations system. The representative who participated in
debates on establishing of a Council with higher status and increased role was expected to
accord human rights a higher priority. There was a school of thought that argued
pessimistically. According to them, such a proposal would weaken the comparative
importance of other United Nations bodies dealing with issues of similar importance,
particularly with regard to developing countries.
They further argued that proposals to transform the Commission into a Council
merely addressed the superficial issues, not the substance of human rights. Apprehensions
were in plenty as doubts subsumed as to whether the proposed new human rights body would
effectively tackle the perceived shortcomings of the Commission in its operation.
In addition, many argued in favour of Commission’s achievements which emphasised
the need to preserve or improve upon its contributions. The view was also expressed that
reform of the current Commission could be undertaken without changing its form or
composition but by addressing the perceived main root causes of its challenges, including the
lack of credibility.
As the UNCHR was replaced by the Human Rights Council in 2006, the Council
began to assume the role and power of mandates system as structured in the Commission
system. The newly created Council had to report directly to the General Assembly. The
procedure knitted the Council and the General Assembly in the field of human rights. The
two bodies combined to undertake a periodic review of the state of human rights and
obligations entrusted upon the member States. On fifteenth March 2006, the UN General
Assembly voted overwhelmingly to replace UNCHR with the UN Human Rights Council.
Conclusion: An appraisal
The relevance and critical areas with regard to the importance of UN Commissions
had been taken up seriously in the open-ended informal consultations held by the
Commission on Human Rights pursuant to Economic and Social Council decision of
2005/217. Many statements referred to the declining international credibility of the
Commission on Human Rights, and several specific proposals put forward by delegations
addressed this issue within the context of the proposed role, functions and structure of the
new human rights body. One of the allegations was that the Commission was blamed for
having not acting against UN members which had continuous record of encroaching upon
human rights. The Commission was also blamed for having ‘selective’ in dealing with human
rights issues, particularly in cases when bigger and powerful states were involved. As the UN
deliverances are dominated by powerful ‘Western’ world the protagonist of human rights
often pin-point the crises within UN system. Politicization, selectivity and double standards
were commonly acknowledged to be shortcomings of the current Commission.

According to Fifty-ninth UNCHR session of 2005 recommendation number 12 and

13, the proposal to elevate the Commission on Human Rights to a standing Human Rights
Council was supported by many delegations as a means of concretely reflecting the centrality
of human rights issues in the United Nations system.

Delegations considered that the establishment of a Council with higher status and
increased authority would accord human rights a higher priority or a greater degree of
importance than other issues, such as development. It was stated that such a proposal would
weaken the comparative importance of other United Nations bodies dealing with issues of
similar importance, particularly with regard to developing countries.

Several delegations considered that proposals to transform the Commission into a

Council merely addressed the form and not the substance of human rights and doubts were
expressed as to whether the proposed new human rights body would effectively overcome or
avoid the perceived shortcomings of the Commission in its operation.

Many statements also referred to the achievements of the Commission, as well as the
need to preserve or improve upon its positive activities. The view was also expressed that
reform of the current Commission could be undertaken without changing its form or
composition but by addressing the perceived main root causes of its challenges, including the
lack of credibility.

It was stated that such a proposal would weaken the comparative importance of other
United Nations bodies dealing with issues of similar importance, particularly with regard to
developing countries and new states. Several delegations considered that proposals to
transform the Commission into a Council merely addressed the form and not the substance of
human rights and doubts were expressed as to whether the proposed new human rights body
would effectively overcome or avoid the perceived shortcomings of the Commission in its
operation.

On the whole, the proposal to elevate the Commission on Human Rights to a standing
Human Rights Council was supported by many. Perhaps it was this explication which made
the delegates to consider that the establishment of a Council with higher status and increased
authority would accord human rights a higher priority in the international arena. The thrust
point still reminds us that the philosophy and achievements of the UN Commission on
Human Rights needs to continuous revisiting and improvement upon the legacy it has left
behind in the world’s journey of safeguarding Human Rights.

TRANSCRIPT

Introduction
The idea of protecting human rights actually precedes the United Nations. After
having experienced the two disastrous World Wars of the twentieth century, the perception of
international community towards individual and collective rights had increased enormously.
It was with this broad concern in mind, in 1946, the UN established the Commission on
Human Rights as the principal policy-making body for human rights. Originally composed of
18 members States, the Human Rights Commission went on to include 53 members who
meet annually in Geneva to review, develop and codify new international norms, and make
recommendations to Governments on human rights issues.
The philosophy and practice of UN towards human rights inherently stands to cover
all human beings, irrespective of nationalities, place of residence, sex, national or ethnic
origin, colour, religion, language, or any other status. The idea to ensure rights of all without
discrimination constitutes the core of UN’s willingness to produce a Universal system on
human rights. For instance, Universal human rights are often expressed and guaranteed by
several UN laws, in the forms of treaties, customary international law, etc. International
human rights law lays down obligations of Governments to act in certain ways or to refrain
from certain acts, in order to promote and protect human rights and fundamental freedoms of
all.
Historically speaking, the principle of universality of human rights is the cornerstone
of international system on human rights. It is pertinent to link the United Nations
Commission on Human Rights (UNCHR) with the overall UN’s international will to weave a
way to safeguard fundamental rights from a non-discriminatory perspective. The UN
Economic and Social Council (ECOSOC) and the Office of the United Nations High
Commissioner for Human Rights (UNHCHR) served as the backbone of UNCHR’s activities
in general.

Objectives
The primary objectives of UNCHR include greater engagement, working closely with
the UN partners at all levels in order to ensure that international human rights standards.
UNCHR officiated by the Office of the United Nations High Commissioner for Human
Rights (OHCHR) represents the international will to ensure human rights and dignity. Thus,
the UNCHR enjoys a unique mandate from the international community vis-à-vis human
rights.

Membership
The UNCHR is constituted by 53 States members through the initiatives of ECOSOC.
The election to the UNCHR takes place in the month of May. The members serve for three-
year periods and can be re-elected. UNCHR has no system of permanent membership. Like
several organs of UN, the membership of UNCHR are distributed zone-wise with 15
members from African States 15, 12 from Asian States, 5 from Eastern European States, 11
Latin American & Caribbean States, 10 from Western Europe & Other States.
The working procedure of the Commission would meet each year in regular session
for six weeks during March and April in Geneva, Switzerland.

Philosophy of UNCHR
The UNCHR was established as one of the first two “Functional Commissions” set up
in the initial years of UN system. Another such commission is the Commission on the Status
of Women. UNCHR was conceived under the Article 68 of UN Charter. The Commission’s
incessant work finally contributed in the formation of a drafting committee for the Universal
Declaration of Human Rights, which was ultimately approved on December 10, 1948.

Special Interventions
In its entire lifetime of UNCHR, it established atleast 30 mechanisms to address specific
country situations or thematic issues which included the following;
 Freedom of expression and opinion
 Against Torture
 Right to Food
 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. Their main
activities are to examine, monitor, advice and publicly report on human rights situations. The
Commission enjoys the power to write to governments about reported violations. It can also
conduct fact-finding visits to countries that invite them. The interventions of the UNCHR’s
special mechanisms are broadly classified as;
C. Thematic Mandates
D. Country Mandates
To define the above two concepts, the interventions of Commission which largely
addressed major phenomena of human rights violations all over the world are broadly
categorised as thematic mandates. Country mandates referred to such interventions of the
Commission that involved monitoring and acquire wider reporting on human rights violations
and abuses in a specific country or territory.

Phases of Interventions
The UNCHR has gone through two important phases as far as its interventions are
concerned. It is generally perceived that the period between 1947 to 1967 UNCHR harped on
the policy of absenteeism, which meant that the Commission would concentrate on
promoting human rights and helping States to acquaint with international norms and treaties.
It can be, thus, argued that the first phase of UNCHR was of strict observance of the
“sovereignty principle”. In other words, opting to the Sovereignty principle made the
UNCHR’s interventions largely sterile and inactive.
However, towards 1967, also somewhat known as the second phase, the Commission
adopted an active approach. 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 the wake of massive oppression in apartheid South Africa. The
approach of the second phase resulted in a more direct and investigative manner on issues
concerning human rights violations. In the second phase, the main concern of UNCHR was to
allow better fulfilment of its commitment to improve human rights several additional
processes were created.
 At the outset of this second phase which began in the 1970s were zone-based. In the
1970s, the possibility of geographically-oriented workgroups was created. These groups were
to intensify their activities on the investigation of violations on a particular area or in a
country. For example, similar approach was applied in case of Chile.

Genocide and UNCHR

It is interesting to note that UNCHR passed a number of resolutions concerning
genocide. For example, 1978 the UNCHR endorsed the recommendations of the Sub-
Commission on Prevention of Discrimination and Protection of Minorities. Similarly, in
August 1992, the UNCHR condemned the concept and practice of ‘ethnic cleansing’
particular drawing international attention to the experiences in former Yugoslavia.
Again in November 1992, the UNCHR called upon all Sates to consider the extent to
which the acts committed in Bosnia and in Croatia constitute genocide in accordance with the
Genocide Convention. The interventions are many. In 1994, at the request of Canada an
emergency meeting was convened to deal with the on-going genocide in Rwanda. With the
turn of 1980s, the works of UNCHR concentrated on theme-oriented working groups
meaning a more specialised interventions of specific abuses and violations of human rights.
Sub-Commission on the Promotion and Protection of Human Rights
As a part of Commission’s pro-active approach to deal with human rights issues in the
1990’s, UNCHR proceeded to form various sub-commissions. The sub-Commissions are also
often defined as subsidiary bodies of UN to promote and protect 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 suggestions to
the Commission concerning the prevention of discrimination of any kind relating to human
rights and fundamental freedoms, may it be racial, national, religious and linguistic
minorities. The outreach of the sub-commissions is so extensive that it established seven
Working Groups on human rights. The following are the main themes on which the sub-
commissions acted upon;
 Minorities
 Transnational corporations
 Anti-terrorism
 Contemporary Forms of Slavery
 Indigenous Populations
 Social Forum
However, it is important to note that the United Nations Human Rights Council finally
assumed main responsibility for the Sub-Commission when it replaced the Commission on
Human Rights in 2006.

Recent Trends of UNHRC

The United Nations human rights programme has grown considerably in the last 60
years. Organizationally, it began as a small unit at United Nations Headquarters in the 1940s.
Subsequently, the unit later moved to Geneva and was upgraded to the Centre for Human
Rights in the 1980s. At the World Conference on Human Rights in 1993, it was decided to
establish a bigger human rights movement with stronger institutional support. Thus, Member
States of the United Nations resolved to form OHCHR by a General Assembly Resolution in
1993.
The 1993 Vienna World Conference on Human Rights acknowledged that it was the
duty of States to protect all human rights and fundamental freedoms irrespective of political,
economic and cultural belongingness. Since then several fundamental rights have been
emphasised which gradually became a customary international legal norm. However what is
problematic in this regard is that even the right to liberty have been restricted in situations
wherever needed.
As the UNCHR was replaced by the Human Rights Council in 2006, the Council
began to assume the role and power of mandates system as structured in the Commission
system. The newly created Council had to report directly to the General Assembly. The
procedure knitted the Council and the General Assembly in the field of human rights. The
two bodies combined to undertake a periodic review of the state of human rights and
obligations entrusted upon the member States.
On 15 March 2006, the UN General Assembly voted overwhelmingly to replace
UNCHR with the UN Human Rights Council.

Conclusion
The relevance and critical areas with regard to the importance of UN Commissions
had been taken up seriously in the open-ended informal consultations held by the
Commission on Human Rights pursuant to Economic and Social Council decision of
2005/217. Many statements referred to the declining international credibility of the
Commission on Human Rights, and several specific proposals put forward by delegations
addressed this issue within the context of the proposed role, functions and structure of the
new human rights body. Politicization, selectivity and double standards were commonly
acknowledged to be shortcomings of the current Commission. The proposal to elevate the
Commission on Human Rights to a standing Human Rights Council was supported by many
delegations as a means of concretely reflecting the centrality of human rights issues in the
United Nations system. Perhaps it was this explication which made the delegates to consider
that the establishment of a Council with higher status and increased authority would accord
human rights a higher priority in the international arena.

It was stated that such a proposal would weaken the comparative importance of other
United Nations bodies dealing with issues of similar importance, particularly with regard to
developing countries. Several delegations considered that proposals to transform the
Commission into a Council merely addressed the form and not the substance of human rights
and doubts were expressed as to whether the proposed new human rights body would
effectively overcome or avoid the perceived shortcomings of the Commission in its
operation. However, the thrust point still reminds us that the philosophy and achievements of
the UN Commission on Human Rights needs to continuous revisiting and improvement upon
the legacy it has left behind in the world’s journey of safeguarding Human Rights.

Glossary

Thematic mandates: The interventions of the UNCHR which addressed major phenomena
of human rights violations all over the world are broadly categorised as thematic mandates.

Country mandates: Country mandates are those interventions of the Commission that
involved monitoring and acquiring wider documentation on human rights violations and
abuses in a specific country or territory.

Genocide: It refers to a brutal and intentional infliction of harm, intimidation and oppression
mainly amounting to multiple deaths and killings. Within the UN system, the concept of
genocide has been a major issue of concern with regard to maintaining an international
standard of human rights. Both the member states and non-member entities had been often
found allegedly committing genocide.

FAQ

Q.1.What was the main historical backdrop that influenced the conceptualisation of a UN
Commission on Human Rights (UNCHR)?

Ans. The idea of protecting human rights actually precedes the United Nations. After having
experienced the two disastrous World Wars of the twentieth century, the perception of
international community on individual and collective rights had increased enormously. It was
with this broad concern in mind, in 1946, the UN established the Commission on Human
Rights as one of the principal policy-making bodies for human rights. Till its replacement in
2006, the Commission carried out numerous activities and interventions on human rights
related issues.

Q.2. Narrate the structural evolution of UN Commission on Human Rights in reference to its
fundamental objectives?
Ans. The UNCHR originally composed of 18 members States but it went on to become a 53
members’ body who meet annually. It reviewed, developed and codified new international
norms while making recommendations to Governments on human rights issues. The
philosophy and practice of UN towards human rights inherently stands to cover all human
beings, irrespective of nationalities, place of residence, sex, national or ethnic origin, colour,
religion, language, or any other status.
Q.3. In what ways the Universal Declaration of Human Rights is linked to UNCHR?
Ans. The international norms for protecting human rights are often expressed and guaranteed
by several UN laws. It comes as treaties, customary international laws and conventions. The
international perspectives on human rights, lays down obligations of Governments to act in
certain ways or to refrain from certain acts, in order to promote and protect human rights and
fundamental freedoms of all. It is pertinent to link the UNCHR with the overall UN’s
international will to weave a way to safeguard fundamental rights from a non-discriminatory
perspective. The Universal Declaration of Human Rights is linked to UNCHR as it was just
two years after the formation if UNCHR the Universal Declaration on Human Rights upheld
the philosophy and premise of UNCHR.
Q.4. In what ways the UNCHR stands to herald a non-discriminatory perspective on human
rights in association with other UN organs?
Ans. From the establishment of UNCHR in 1946 to the Universal Declaration of Human
Rights in 1948, the concern for protecting human rights has been growing at least
theoretically. The membership and deliverance of UNCHR has reflected an inclusive
exercise. For example, the attempt to distribute membership all over the regions of the world
and continuous commitment to human rights irrespective of region, caste, creed and colour
have all contributed in the Universalization of rights.
Q.5. What are parameters that shapes the nature of membership within UNCHR? Name the
distribution of membership.
Ans. The UNCHR is constituted by 53 States members. The election to the UNCHR takes
place in the month of May. The members serve for three-year periods and can be re-elected.
UNCHR has no system of permanent membership. Like several organs of UN, the
membership of UNCHR are distributed zone-wise with 15 members from African States 15,
12 from Asian States, 5 from Eastern European States, 11 Latin American & Caribbean
States, 10 from Western Europe & Other States.
Q.6. What are thematic and country mandates?
Ans. The working responsibility of UNCHR comes from two important parameters. They are
Thematic Mandates and Country Mandates. The interventions of Commission which largely
addressed major phenomena of human rights violations all over the world are broadly
categorised as thematic mandates. Country mandates referred to such interventions of the
Commission that involved monitoring and acquire wider reporting on human rights violations
and abuses in a specific country or territory.
Q.7. Discuss the special interventions of UNCHR with regard to protection of human rights.
Ans. In its entire lifetime of UNCHR, it established at least 30 mechanisms to address
specific country situations or thematic issues which included; Freedom of expression and
opinion; Against Torture; Right to Food; Right to education.
Q.8. Examine the contribution of UNCHR during 1947-1967.
Ans. It is generally perceived that the period between 1947 to 1967 UNCHR harped on the
policy of absenteeism, which meant that the Commission would concentrate on promoting
human rights and helping States to acquaint with international norms and treaties. It can be,
thus, argued that the first phase of UNCHR was of strict observance of the “sovereignty
principle”. In other words, opting to the Sovereignty principle made the UNCHR’s
interventions largely sterile and inactive.
Q.9. Which period is known as the second phase of UNCHR? Elaborate the nature of its
activities.
Ans. The activities of UNCHR which began towards 1967 is regarded as the second phase.
The Commission adopted an active approach. The context of the decade was of
decolonization of Africa and Asia. During this phase, many countries of the continent pressed
for a more active UN policy on human rights issues, especially in the wake of massive
oppression in apartheid South Africa. The approach of the second phase resulted in a more
direct and investigative manner on issues concerning human rights violations.
Q.10. Highlight the deliverance of UNCHR’s sub-commissions.
Ans. As a part of Commission’s pro-active approach to deal with human rights issues in the
1990’s, UNCHR proceeded to form various sub-commissions. The sub-Commissions are also
often defined as subsidiary bodies of UN to promote and protect human rights. The outreach
of the sub-commissions is so extensive that it established seven Working Groups on human
rights. The following are the main themes on which the sub-commissions acted upon;
 Minorities
 Transnational corporations
 Anti-terrorism
 Contemporary Forms of Slavery
 Indigenous Populations
 Social Forum

References
Howard Tolley, The U.N. Commission on Human Rights. Review by Roger S. Clark. The
American Journal of International Law, Vol. 83, No. 1 (Jan., 1989), pp. 189-190; American
Society of International Law.

Edgar Turlington, The United Nations Commission on Human Rights. The American Journal
of International Law, Vol. 39, No. 4 (Oct., 1945), pp. 757-758. American Society of
International Law
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. International
Legal Materials, Vol. 19, No. 3 (MAY 1980), pp. 647-667: American Society of International
Law.

ECOSOC decision 2000/284 endorsing specific recommendations in Commission decision

2000/109
General Assembly, Resolution adopted by the General Assembly on 15 March 2006
(A/RES/60/251)
“Main rules and practices followed by the Commission on Human Rights in the organization
of its work and the conduct of business”. (Note by the Secretariat, doc. E/CN.4/2001/CRP.1)
Summary of the open-ended informal consultations held by the Commission on Human
Rights pursuant to UN Economic and Social Council decision 2005/217, prepared by the
Chairperson of the sixty-first session of the Commission (A/59/847E/2005/73)

Web links
http://www.jstor.org/page/info/about/policies/terms.jsp.Accessed: 15/05/2014
http://www.ohchr.org/en/hrbodies/hrc/pages/hrcindex.aspx. Accessed on 13/04/2014
http://www.globalpolicy.org/un-reform/un-reform-topics/human-rights-
council.html.Accessed on 12/04/2014.