Study Notes on UN Human Rights Council - Class #6

Introduction to International Human Rights Law

Course Code: ECH 2300
Class Number: #6
Instructor: Alex Neve
Term: Winter 2026

This Week in Human Rights

  • Date: January 29th

  • Context: Conclusion of hearings at the International Court of Justice (ICJ)

  • Key Case: Gambia vs. Myanmar under the UN Genocide Convention

    • Background Information:

    • Filed in 2019

    • Allegations against Myanmar for committing genocide against the Rohingya population.

Mid-Term Assignment Description

  • Task Overview:

    • Description of a current situation with international human rights concerns.

  • Questions:

    1. Choose three UN human rights treaties or soft law instruments:

    • Briefly describe each treaty, relevance to the situation, and particular human rights concerns.

    • No need to cite specific articles.

    1. Consider two UN human rights bodies or processes:

    • Describe their strengths and weaknesses in addressing these concerns.

Summary of Previous Class

  • Main Topics Reviewed:

    • Key international human rights treaties.

    • Relationship between treaties and Optional Protocols.

    • Levels of adherence to treaties, including Canada's record.

    • UN human rights treaties outside the UN human rights system.

    • “Soft law” human rights instruments:

      • Vienna Declaration

      • Human Rights Defenders Declaration

      • Declaration on the Rights of Indigenous Peoples

      • Guiding Principles on Business and Human Rights

      • Mandela Rules

      • Sustainable Development Goals

Class Outline

  • Historical Context:

    • UN Commission on Human Rights (1947-2006)

    • UN Human Rights Council (since 2006)

Main Areas of Focus in Human Rights

  • UN Charter-based bodies

  • Human rights treaty-based bodies

UN Charter Article 68

  • Text: "The Economic and Social Council shall set up commissions… for the promotion of human rights…"

Commission on Human Rights

  • Establishment: 1947 and replaced in 2006 (operated for 59 years)

  • Report Structure: Reported to the Economic and Social Council (ECOSOC).

  • Composition: 53 members (regional distribution)

    • Africa: 15

    • Asia: 12

    • Latin America & Caribbean: 11

    • Western Europe & Other: 10

    • Eastern Europe: 5

  • Sub-Commission: 26 independent experts, formerly known as Sub-Commission on Prevention of Discrimination and Protection of Minorities (1947-1999).

    • Met once a year; could call emergency sessions since 1990.

    • Instances of emergency sessions: Yugoslavia (2), Rwanda, East Timor, Israel/OPT.

  • Limitations in Early Years:

    • Had no power to take any action on human rights complaints (resolution adopted at 1st meeting in 1947).

Human Rights Scrutiny

  • Resolution 1235 (1967): Authorized examination of information on gross violations of human rights.

    • Established Special Procedures mechanisms (notably regarding apartheid in South Africa).

Human Rights Complaints Procedures

  • “1503 Procedure” (1970):

    • Allowed complaints from victims or representatives regarding a consistent pattern of gross human rights violations.

    • Confidentiality maintained; procedures on disclosure of country names.

Canada’s Membership on the Commission

  • Membership Duration: 26 years out of 59

    • Time Periods: 1963-65, 1976-1984, 1989-2003, 2005-06

Commission’s Achievements

  • Key Contributions:

    • Drafting of the Universal Declaration of Human Rights (UDHR).

    • Development of human rights instruments and complaint procedures.

    • Established the Special Procedures system.

    • Provided a platform for human rights defenders and civil society.

    • Sparked discussions on key human rights themes.

Critique of the Commission (Post-2000)

  • Challenges:

    • Became widely discredited due to politicization and increasing ineffectiveness.

Human Rights Council

  • Established: Created in 2006 via GA Res 60/251.

    • Part of UN reform package for the 60th anniversary of the UN.

    • Functions directly under the General Assembly rather than ECOSOC.

  • First Meeting: June 19, 2006.

  • Replacement of Sub-Commission: Replaced by the Advisory Committee of 18 experts.

    • Provides thematic studies and research-based advice.

Composition of the Human Rights Council

  • Members: 47 (regional distribution)

    • Africa: 13

    • Asia-Pacific: 13

    • Latin America & Caribbean: 8

    • Western Europe & Other: 7

    • Eastern Europe: 6

  • Term Length: 3 years, elected by the UN General Assembly with few contested elections.

  • Session Frequency: Conducts 3 sessions per year.

Human Rights Council Special Sessions

  • Special Sessions: Can be convened upon request by one-third of membership (16 states).

  • Recent Session: January 23, addressing the deteriorating human rights situation in Iran.

  • Historical Context: 39 Special Sessions since establishment in 2006; notable resolutions cover various crises (e.g., food crisis, human rights impacts).

Human Rights Council Mandate

  • Responsibilities:

    • Address and make recommendations regarding human rights violations.

    • Promote human rights education.

    • Serve as a dialogue forum.

    • Make recommendations to the General Assembly.

    • Undertake universal periodic reviews of state compliance with human rights obligations.

    • Collaborate with governments, regional organizations, national human rights institutions, and NGOs.

    • Oversee and improve mechanisms from the former Commission in a 1-year timeframe.

Current Members of the Human Rights Council (2026)

  • List of Members:

    • Albania, Angola, Benin, Bolivia, Brazil, Bulgaria, Burundi, Chile, China, Colombia, Côte d’Ivoire, Cuba, Cyprus, Czechia, Democratic Republic of Congo, Dominican Republic, Ecuador, Egypt, Estonia, Ethiopia, France, Gambia, Ghana, Iceland, India, Indonesia, Iraq, Italy, Japan, Kenya, Kuwait, Malawi, Marshall Islands, Mauritius, Mexico, Netherlands, North Macedonia, Pakistan, Qatar, Slovenia, South Africa, South Korea, Spain, Switzerland, Thailand, United Kingdom, Vietnam

Canada and the Human Rights Council

  • Membership History: Only served one term (2006-2009).

  • Coordination: Works informally with Australia, New Zealand, UK, and USA regarding membership.

  • Future Plans: Announced candidacy for 2028-2030 term, with elections scheduled for autumn 2026.

Canada's 2006 HRC Election Pledge

  • Commitment to Human Rights:

    • Integral to Canada's foreign and domestic policy.

    • Strong supporter of the UN human rights system.

  • Engagement Pledges:

    • Collaborate to implement an effective Human Rights Council.

    • Promote and protect human rights in all engagements.

    • Work towards the direct impact of Council's work on human rights globally.

    • Participate in periodic review processes.

    • Involve civil society in Council processes.

    • Maintain an open invitation for special procedures visits (initiated in 1999).

    • Demonstrate leadership in key human rights issues and fight against impunity.

    • Strong support for the Office of the High Commissioner for Human Rights (OHCHR) and cooperative international programs.

Canada and UN Human Rights Instruments

  • Ratified Instruments:

    • International Covenant on Civil and Political Rights (ICCPR)

    • International Covenant on Economic, Social and Cultural Rights (ICESCR)

    • International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

    • Convention Against Torture (CAT)

    • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

    • Convention on the Rights of the Child (CRC)

      • Optional Protocols: Abolition of the death penalty, Sexual exploitation of children

  • Engagement: Canada is one of six states fully up-to-date in reporting to treaty bodies.

    • Established mechanisms for consulting and addressing treaty body recommendations at all governmental levels.

Human Rights in Canada

  • Domestic Framework:

    • Promoted and protected by the Canadian Charter of Rights and Freedoms.

    • Human rights codes and bodies exist at various governmental levels (e.g., Canadian Human Rights Commission).

  • Civil Society Engagement:

    • Vital role in promoting human rights, cooperating with the government on issues.

    • Public education efforts on human rights topics through formal curricula.

  • Commitment to Continue Improvement:

    • Focus on issues of racism, Indigenous peoples, and children's rights.

Canada’s 2028/2030 HRC Candidacy

  • Announcement Date: May 9, 2023, by Minister Mélanie Joly.

  • Rationale for Candidacy: Human rights are foundational for freedom and justice; currently under threat globally.

    • Cited challenges: Russia's aggression in Ukraine, rising racism, discrimination against women and LGBTQ+ communities.

  • Engagement Priorities for Candidacy:

    1. Justice and accountability for defenders of human rights.

    2. Championing anti-racism and freedom of religion.

    3. Advancing Indigenous peoples' rights and reconciliation.

    4. Promoting gender equality and reproductive rights.

    5. Protecting human rights online.

    6. Responding to climate change impacts on human rights.

Current Engagement as a Non-Member of the Council

  • Rights to Propose Resolutions: Canada can sponsor or co-sponsor resolutions even without voting rights.

  • Historical Resolution Focus: Canada leads a resolution on Violence against Women every two years.

HRC Recent Sessions

  • 53rd Session: Dates: June 19 - July 14, 2023

    • Scope: Promotion and protection of all human rights, including civil, political, economic, social rights.

    • Notable resolution passed: 53/27 addressing violence against women and girls in detention.

Future Sessions of the HRC

  • Next Session: 61st Session scheduled for February 23 - April 2, 2026.

UN-Mandated Investigative Bodies

  • Types of Investigative Processes:

    • Commissions of Inquiry, Independent Investigations, Fact-Finding Missions.

  • Current Focus Areas: Sudan, Iran, Nicaragua, Ukraine, Israel/OPT, Libya, Venezuela, Democratic Republic of Congo, South Sudan, Syria.

    • Purpose: Respond to serious violations of international humanitarian law and promote accountability against impunity.

Country Situations at Last HRC Session

  • Resolutions Addressed: Issues ranging from technical assistance to substantial resolutions regarding the following countries:

    • Sri Lanka, Democratic Republic of Congo, Afghanistan, Georgia, Sudan, Libya, Burundi, Cambodia, Russia, Somalia, Yemen.

Thematic Resolutions at Last Session

  • Topics Covered:

    • Right to development, access to safe water and sanitation, arbitrary detention, health, rights of older persons, rule of law, Indigenous Peoples’ rights, escape from inequality, death penalty, maternal mortality, women and children in conflict, effects of sea-level rise on human rights, racism in sports, drug policies and human rights.

Suspension of or Withdrawal from HRC Membership

  • UNGA Authority: May vote to suspend members for gross violations of human rights.

    • Example cases: Libya (2011), Russia (2022).

    • US withdrew in July 2018 but returned in 2021.

Complaint Procedure

  • Responsibility of Working Groups:

    • Communicate and address patterns of gross violations of human rights. Confidential procedures in place.

Summary of Human Rights Council

  • Total Composition: 47 members with Canada seeking membership for the 2028-2030 term.

  • Operational Framework:

    • 3 sessions annually, Special Sessions, country resolutions, thematic resolutions, UN-mandated investigations.

Next Class

  • Topic: Special Procedures

  • Guest: Professor Michael Lynk, former UN Special Rapporteur on Human Rights in the Occupied Palestinian Territories (2016-2022).

  • Focus Area: Universal Periodic Review.