UN Charter (Bodies)

Human Right Law
Unit 2
Topic 2.2: UN Charter (Human Rights
Bodies)
Anushka Ukrani
Assistant Professor of Law
a.ukrani@dme.ac.in
Introduction
The UN human rights institutions are generally either ‘Charter
bodies’ or ‘treaty bodies’. Charter bodies are established by the
Charter itself, or by bodies which are themselves created by the
Charter. Treaty bodies are created by the respective UN human
rights treaties, referred to above. The main charter bodies are the
political UN human rights institutions, as they are made up of
the representatives of governments, while the treaty bodies are
the quasi-judicial arm of UN human rights supervision,
composed of human rights experts acting in their individual
capacity. Both types of bodies are supported by the Office of the
High Commissioner for Human Rights.
This PPT will focus on 2 major human rights institutions which
are a result of the UN charter
INTRODUCTION
UN commission of human rights
• 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 (UN OHCHR).
• It was the UN's principal mechanism and international forum concerned
with the promotion and protection of human rights.
• On March 15, 2006, the UN General Assembly voted overwhelmingly
to replace UN CHR with the UN Human Rights Council.
• It’s 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.
Reasons behind the replacement of CHR
Despite its successes, the CHR came increasingly to be seen as
unable to properly fulfil its functions due to ‘its declining credibility
and professionalism’. A number of key problems were widely
recognised. Cynical manipulation of the CHR’s mechanisms by
Member States in order to avoid scrutiny and possible public censure
or to score political points against other States, the increasing
‘politicisation’ of the CHR and in particular the selectivity reflected
in the choice of States singled out for country-specific measures, and
a number of high-profile elections to the CHR of States with
particularly poor human rights records (For example, the defeat in
May 2001 of the United States in its bid for re-election to the CHR,
together with the concurrent membership of the Sudan and its re-
election in May 2004, was significant in contributing to the
controversy surrounding membership) all fuelled the view that the
CHR needed to be radically reformed in order to preserve the
integrity of the UN system.
Human Rights Council (Introduction)
The Human Rights Council is the principal United Nations
intergovernmental body responsible for human rights. Established
by General Assembly resolution 60/251, it replaced and assumed
most mandates, mechanisms, functions and responsibilities
previously entrusted to the Commission on Human Rights. The
Office of the United Nations High Commissioner for Human
Rights (OHCHR) is the secretariat for the Human Rights Council.
It consists of 47 member states based out of geneva. It meet for at
least 10 weeks a year spread over no fewer than three sessions,
and can also hold special sessions. While the Commission was a
subsidiary organ of the Economic and Social Council (ECOSOC),
the Human Rights Council is a subsidiary organ of the General
Assembly. Its role includes addressing violations of human rights,
including gross and systematic violations, and the promotion of
effective coordination and the mainstreaming of human rights
within the United Nations system.
Election to Human Rights Council
The Council is made up of 47 member States who are
elected by the UN General Assembly by a simple majority
vote, through a secret ballot. Members of the Council are
elected for three-year terms with one-third of the members
being renewed each year. Council membership is based on
equitable geographical distribution of seats according to the
following regional breakdown:
• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats
HRC’s Complaints Procedure
The complaint procedure addresses communications submitted
by individuals, groups, or non-governmental organizations that
claim to be victims of human rights violations or that have direct,
reliable knowledge of such violations. Two distinct working
groups - the Working Group on Communications and the
Working Group on Situations – are responsible, respectively,
for examining written communications and bringing consistent
patterns of gross and reliably attested violations of human rights
and fundamental freedoms to the attention of the Council. The
Complaint Procedure conducts its work in a confidential manner
(unless it decides otherwise), with a view to enhance cooperation
with the State concerned.
Criterion for complaint to be accepted
❖ It is not manifestly politically motivated and its object is

consistent with the Charter of the United Nations.
❖ It gives a factual description of the alleged violations,
including the rights which are alleged to be violated.
❖ Its language is not abusive.
❖ Complainant shall be acting in good faith, is not driven by
political motives.
❖ Domestic remedies have been exhausted
Advisory Committee
• The Human Rights Council’s Advisory Committee functions as
the “think-tank” of the Council focusing mainly on studies and
research-based advice
• It consists of 18 independent experts that are elected by the
Council and are drawn proportionally from the five UN regional
groups, all serve in their personal capacity for three-year terms
and are eligible for re-election only once.
• The Advisory Committee is implementation-oriented, has
produced studies on a wide range of thematic issues including
vulture funds, corruption, local government, post-disaster and
post-conflict situations, terrorist hostage taking, the right to food,
missing persons.
• The Advisory Committee has also formulated draft declarations
as well as principles and guidelines on a number of topics, some
of which were endorsed by the General Assembly.
Advisory Committee (Cont.)
• The Advisory Committee replaces the former Sub-
Commission on the Promotion and Protection of Human
Rights. The Committee held its first meeting in August 2008.
It meets twice a year, for one week in February immediately
before the March session of the Council and for one week in
August.
• Members serve for a period of three years and are eligible for
re-election once. Elections of new members currently take
place once a year at the September session of the Human
Rights Council. Their term of membership starts on 1
October of the year of their election.
Universal Periodic Review
The Universal Periodic Review (UPR) is a unique process which
involves a review of the human rights records of all UN
Member States. The UPR is a State-driven process, under the
auspices of the Human Rights Council, which provides the
opportunity for each State to declare what actions they have
taken to improve the human rights situations in their countries
and to fulfil their human rights obligations.
As one of the main features of the Council, the UPR is designed
to ensure equal treatment for every country when their human
rights situations are assessed. The ultimate aim of this
mechanism is to improve the human rights situation in all
countries and address human rights violations wherever they
occur. Currently, no other universal mechanism of this kind
exists.
Universal Periodic Review (Cont.)
In each cycle 1/4th of the members (48 members) are reviewed. The
reviews are conducted by the UPR Working Group which consists of the
47 members of the Council; however any UN Member State can take part
in the discussion/dialogue with the reviewed States. Each State review is
assisted by groups of three States, known as “troikas”, who serve as
rapporteurs. The selection of the troikas for each State is done through a
drawing of lots following elections for the Council membership in the
General Assembly.
The documents on which the reviews are based are: 1) information
provided by the State under review, which can take the form of a
“national report”; 2) information contained in the reports of independent
human rights experts and groups, known as the Special Procedures,
human rights treaty bodies, and other UN entities; 3) information from
other stakeholders including national human rights institutions and non-
governmental organizations.
Special Procedures
The Human Rights Council's Special Procedures mandate holders are
made up of special rapporteurs, independent experts or working groups
composed of five members who are appointed by the Council and who
serve in their personal capacity. Special procedures undertake country
visits; act on individual cases and concerns of a broader, structural nature
by sending communications to States and other actors bringing alleged
violations or abuses to their attention; conduct thematic studies and
convene expert consultations; contribute to the development of
international human rights standards; engage in advocacy; raise public
awareness; and provide advice for technical cooperation.
These independent experts report at least once a year to the Council on
their findings and recommendations, as well as to the UN General
Assembly. At times they are the only mechanism alerting the international
community to certain human rights issues.
There are two types of Special Procedures mandates: the thematic
mandates, such as water and sanitation, arbitrary detention, the rights of
migrants, violence against women, torture and human trafficking, and the
country-specific mandates.
Office of the Human Rights High Commissioner
(OHCHR): Introduction
The OHCHR has four strategic aims:

1. To enhance the effectiveness of the United Nations
human rights machinery;
2. To increase United Nations system-wide
implementation and coordination of human rights;
3. To build national, regional and international capacity
to promote and protect human rights;
4. To analyze, process and disseminate reports,
recommendations and resolutions of human rights
organs and bodies, as well as other relevant human
rights information.
Introduction (Cont.)
The OHCHR is headed by a High Commissioner with the rank
of Under Secretary-General who reports to the Secretary-
General. The High Commissioner is assisted in all activities by
a Deputy High Commissioner who acts as Officer-in-Charge
during the absence of the High Commissioner. In addition, the
Deputy High Commissioner carries out specific substantive and
administrative assignments as determined by the High
Commissioner.
The OHCHR’s work has three dimensions- standard-setting;
monitoring; and implementation on the ground
The High Commissioner’s functions as listed in GA resolution
48/141
• to carry out the tasks assigned to him/her by the competent bodies
of the United Nations system in the field of human rights and to
make recommendations to them with a view to improving the
promotion and protection of all human rights;
• to provide, through the [Office of the High Commissioner for
Human Rights] and other appropriate institutions, advisory
services and technical and financial assistance, at the request of
the State concerned.
• to coordinate relevant United Nations education and public
information programmes in the field of human rights;
• to engage in a dialogue with all Governments in the
implementation of his/her mandate with a view to securing
respect for all human rights;
• to rationalize, adapt, strengthen and streamline the United Nations
machinery in the field of human rights with a view to improving
its efficiency and effectiveness;
Structure of OHCHR
1.Front Office
2.Research and Right to Development Branch
3.Activities and Programmes Branch
4.Support Services branch

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Human Right Law

❖ It is not manifestly politically motivated and its object is

The OHCHR has four strategic aims:

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