Speeches, Interviews

Statement by the Council Presidency on progress in negotiations on the United Nations Human Rights Council

State Secretary Hans Winkler at the European Parliament's plenary session

The negotiations on establishing the United Nations Human Rights Council is a dossier of particular concern to me. I have therefore changed my original travel plans at short notice so that I can discuss recent developments with you even at this unusually late hour for a Council appearance before the Parliament.

Last year, a United Nations World Summit of Heads of State or Government on reforming the United Nations was held in New York, when it was decided, inter alia, that a Human Rights Council would be established.  At the end of the summit participants were asked whether they thought the summit had been a success.  Austria's Federal President, Dr Heinz Fischer, made it quite clear that for him it had been.  Especially with hindsight, it can certainly be said that the developments of this last year have been a decisive and important step for the United Nations, as well as for the European Union.

Last year's decision, however, was merely a fundamental legal decision which was to be fleshed out only after lengthy and, no doubt at times, very laborious negotiations.  At this point, allow me to extend particular thanks to the President of the General Assembly, Jan Eliasson, under whose leadership it was possible to complete successfully such an important stage in reforming the United Nations.

As you perhaps know, the text of a Resolution establishing a Human Rights Council presented by the President of the General Assembly was adopted by the General Assembly today, some few hours ago.  The Resolution was adopted with 170 votes for, 4 against (US, Israel, Palau and the Marshall Islands) and 3 abstentions (Venezuela, Iran and Belarus).  170 votes in the United Nations is certainly no mean feat.  At the vote in the General Assembly the European Union truly spoke with one voice.

The establishment of the Human Rights Council (HRC) certainly represents an historic step forward in further strengthening the UN human rights system, and human rights protection across the globe in general.

From the outset, the EU supported the establishment of a strong Human Rights Council.  Even though not all EU demands could be met at the negotiations, the newly established HRC is  nevertheless a considerable improvement on the existing Commission on Human Rights (CHR) and has the potential to strengthen substantially the UN human rights system and human rights protection across the globe.

I would like to point up the following improvements:

1. Unlike the CHR, which was an ECOSOC body, the Human Rights Council will meet regularly.  By increasing the number of meetings per year, and by simplifying the mechanism for convening extraordinary meetings, it will be possible to react more swiftly to human rights violations.
2. We are expecting membership to be upgraded and enhanced by the direct and individual election of members, requiring an absolute majority among all UN Member States. It will also now be possible to suspend HRC members in the event of serious and systematic human rights violations.
3. Regular vetting of all States in the sphere of human rights, by setting up a "Universal Review", should make it possible to refute accusations of dual standards and selectivity.
4. The HRC is empowered to submit direct recommendations to all the bodies in the UN system, including the UN Security Council, and will therefore make a decisive contribution to ensuring that human rights issues permeate work in all UN bodies.
5. The pivotal achievements of the UN Commission on Human Rights, such as the system of Special Rapporteurs and active participation by NGOs in meetings, will be retained.

It will now be important to build on these solid foundations and quickly make the Human Rights Council a reality.  The first elections for HRC members will be held at the start of May; the first HRC meeting is scheduled for June.  In the meantime we will press for all the necessary steps to be taken so that the HRC can make an effective start to its work.  This will be crucial for the reputation and credibility of this new universal human rights body.  I can assure you that the EU will make a significant contribution to that end.

In closing, allow me to raise one more point.  As mentioned previously, there was very broad support for the proposal by the President of the General Assembly.  However, the US, in particular, was unable to agree to the text presented.  We genuinely strove to find ways and means of meeting the USA's concerns.  As you know, the US stood by its position and voted against the text.  At the same time it did stress, however, that it would cooperate constructively on the HRC.  We are therefore certain that the HRC will become a truly universal body for the protection of human rights.