An International Relations Perspective on the Reform Needs of the Human Rights Council
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An International Relations Perspective on the Reform Needs of the Human Rights Council
German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 43–80
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Dr. phil. habil. Wolfgang S. Heinz
- Dr. phil. habil. Wolfgang S. Heinz, b. in 1953. Former Senior Policy Adviser at the German Institute for Human Rights (DIMR) in Berlin, focusing on United Nations (UN), international security policies, and torture prevention in Europe. Former member of the UN Human Rights Council Advisory Committee 2008–13, and chair of the committee. Former chair of the UN Working Group on Communications which addresses consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances. Senior Lecturer in Political Science at the Free University Berlin.
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Abstract
This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Wolfgang S. Heinz: An International Relations Perspective on the Reform Needs of the Human Rights Council | 43 | ||
| I. The U.S. Withdrawal from HRC Membership in 2018 | 44 | ||
| II. The HRC, its Organs, and Some Major Trends | 46 | ||
| A. The New Human Rights Council | 46 | ||
| B. Main Institutional Arrangements | 48 | ||
| 1. Composition, Membership | 48 | ||
| 2. Becoming a Member of the HRC | 48 | ||
| C. Plenary Sessions | 52 | ||
| D. Dealing With Country Situations | 53 | ||
| E. Thematic Issues | 57 | ||
| F. Universal Periodic Review (UPR) | 58 | ||
| G. Other Actors in HRC Debates: OHCHR, Civil Society/NGOs, NHRIs | 60 | ||
| III. Key Challenges | 61 | ||
| A. Cooperation Between the UN and Member States, Particularly Access to Countries | 61 | ||
| B. Politics and Politicisation | 63 | ||
| C. Special Sessions | 65 | ||
| D. Controversial Issues | 66 | ||
| E. Contesting Narratives | 68 | ||
| 1. Russian Federation: Traditional Values, Protection of the Family | 69 | ||
| 2. China: Cooperation and Public Criticism of Countries | 70 | ||
| IV. Reform Proposals | 72 | ||
| A. Overview | 72 | ||
| B. Proposals From Inter-Governmental Dialogue Meetings (Glion Human Rights Dialogue) | 75 | ||
| C. Civil Society Proposals | 76 | ||
| V. Concluding Remarks | 77 |