Other United Nations Human Rights Agencies

Human Rights treaties are only one part of the UN's human rights program. In fact, the UN has several agencies and courts, independent of its human rights treaties, to address continuing human rights abuses. Three notable agencies are the High Commissioner for Human Rights (OHCHR), which serves as a full-time advocate for human rights within the UN; the Human Rights Council, which addresses gross human rights violations; and the Security Council, which has the authority to impose diplomatic and economic sanctions, sponsor peacekeeping missions, and authorize military interventions in cases of human rights emergencies.

The High Commissioner for Human Rights

In 1993, following recommendations included in the World Conference on Human Rights in Vienna, the United Nations General Assembly established the Office of the High Commissioner for Human Rights as part of the UN Secretariat. The OHCHR coordinates the many human rights activities within the UN, working closely with treaty bodies, such as the Human Rights Committee, and other UN agencies such as the Human Rights Council. The High-Commissioner assists in the development of new treaties and procedures, sets the agenda for human rights agencies within the UN, and provides advisory services to governments. Most importantly, the High Commissioner serves as a full-time advocate for human rights within the United Nations. The OHCHR has field offices throughout the world.

The Human Rights Council

In 2006 the longstanding UN Human Rights Commission was replaced by a new Human Rights Council. The Human Rights Commission was a 56 member committee, authorized by the UN Charter, consisting of state representatives. The stated goals of the replacement were to eliminate “double standards and politicization.” The new Council's responsibilities include “promoting universal respect for the protection of all human rights,” addressing gross human rights violations, making recommendations to the General Assembly, and “responding promptly to human rights emergencies.” The Council's other responsibilities include providing direct assistance to UN member states to help them meet their human rights responsibilities through communication, technical assistance, and capacity building.

The Council consists of 47 members, elected directly and individually by the General Assembly with membership based on equitable geographic distribution. Council members serve terms of three years, with a limitation of no more than two consecutive terms. Procedures for Council membership are aimed at keeping countries with very poor human rights records off the Commission. Members must be elected by an absolute majority of the General Assembly, requiring 96 votes in a secret ballot, rather than a simple majority of General Assembly members present. The General Assembly also acts as a check on the Council, with the ability to suspend Council members whose countries commit gross human rights violations. The Council meets at least three times per year for a total of not less than ten weeks, with the ability to hold special sessions when necessary.

An important 2008 development within the procedures of the Council is Universal Periodic Review. This is a system of scrutiny and evaluation run by the Council and its staff in which all UN member states are required once every four years to report on, receive evaluation, and have discussed in the Council their human rights practices. This requirement applies whether or not a country participates in human rights treaties.

The Security Council

The Security Council's mandate under Article 24 of the UN Charter is the maintenance of international peace and security. The fifteen-member body consists of 5 permanent and 10 elected members. Nine votes are needed to approve any measures. Any of the five permanent members (China, France, Russia, the United Kingdom, and the United States) can exercise their veto power to prevent a given action from succeeding. The permanent membership of five countries, with their veto power, is a clear concession to economic and military power within the Security Council. The Security Council can issue binding decisions regarding international security or peace, authorize military interventions and impose diplomatic and economic sanctions (Bailey 1994, Ramcharan 2002). In recent years the Security Council has been willing to discuss and attempt to deal with major human rights crises. After the international failure to intervene to prevent the Rwandan genocide, the Security Council and other UN bodies began to develop the idea of a “Responsibility to Protect” (see Evans 2008).