I. >> H
uman Rights and Indicators: Rationale and Some Concerns
>> United Nations human rights mechanisms
B. United Nations human rights mechanisms
The Human Rights Council is an intergovernmental
body consisting of 47 Member States elected by the
United Nations General Assembly for a period of
three years. The Council was created in 2006 by the
General Assembly and replaced the Commission on
Human Rights. The Council’s functions are, inter alia,
to promote the full implementation of human rights
obligations undertaken by States, to contribute to the
prevention of human rights violations and to respond
promptly to human rights emergencies.12
The universal periodic review (UPR) is a key mechanism of the Human Rights Council to review the
human rights situation of all United Nations Member
States in a four and a half year cycle. The review
of each country is based on three reports. One is a
national report prepared by the Government, while
the other two are a compilation of United Nations
information and a summary of stakeholders’ information, both produced by OHCHR. United Nations
agencies and programmes, civil society organizations and others participate in the process by submitting information, which is then included in the
reports prepared by OHCHR and discussed during
the review. The review is a cooperative mechanism
based on an interactive dialogue between the
State reviewed and the Human Rights Council. It
provides an opportunity for each State to declare
what actions it has taken to improve the human rights
situation and to fulfil its human rights obligations.
Special procedures is the general name given to the
mechanisms of the Human Rights Council to examine,
monitor, advise and publicly report on human rights
situations in specific countries or territories (country
mandates) or on major phenomena of human rights
violations worldwide (thematic mandates). Special
procedures are either individuals (special rapporteurs or independent experts) or working groups.
All are prominent independent experts working on
a voluntary basis and are appointed by the Human
Rights Council. At the time of writing, there are
35 thematic mandates and 10 country mandates.
Special procedures mandate holders report to the
Human Rights Council on their findings and recommendations, including on their country visits and
the communications they receive on alleged human
rights violations.
There are currently nine human rights committees,
commonly called treaty bodies, for each of the nine
international human rights treaties in force.13 These
bodies are composed of independent experts mandated to review State parties’ compliance with their
treaty obligations. They are created in accordance
with the provisions of the treaty that they monitor.
State parties are obliged to report regularly to these
treaty bodies. Some treaty bodies are also empowered to examine individual complaints.
Created in 1993, OHCHR is mandated to promote
and protect the enjoyment and full realization of
all human rights by all people. The mandate
includes preventing human rights violations, securing
respect for all human rights, promoting international
cooperation to protect human rights, coordinating
related activities throughout the United Nations,
and strengthening and streamlining United Nations
human rights work.14 OHCHR is the secretariat of
the Human Rights Council, the special procedures
mandate holders, the treaty bodies and the universal
periodic review.
12. The Human Rights Council Advisory Committee and a confidential complaint procedure are two additional mechanisms of the
Human Rights Council.
13. There is also a Subcommittee on Prevention of Torture under the Optional Protocol to the Convention against Torture.
14. The United Nations human rights programme started in the 1940s as a small division at United Nations Headquarters. The division
later moved to Geneva and was upgraded to the Centre for Human Rights in the 1980s. At the World Conference on Human Rights
in Vienna in 1993, the international community decided to establish a more robust human rights mandate with stronger institutional
support. Consequently, Member States of the United Nations created OHCHR by General Assembly resolution 48/141.
Human Rights Indicators
15