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The General Assembly’s recent vote to create the U.N. Human Rights Council is a major step forward for the protection of victims of human rights violations worldwide, and member states may be justly proud of the accomplishment. This important first step must be followed by others.

This important first step must be followed by others. The new structure has been established, but whether it succeeds will depend on member states giving it the ability to address the world’s human rights problems effectively and credibly.

As you know, a key element in the creation of the Council was a desire to achieve the highest membership standards, and members of the new Council are required to abide by the highest standards of human rights. The General Assembly resolution calls on all states, when electing members of the Council, to “take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto (OP 8).”

We urge all U.N. Member States to apply this standard conscientiously, and to ensure that elections to the Council, slated for May 9, choose the best possible candidates from each region of the world.

We urge States which believe they could, if elected, make a real contribution to the new Council, to come forward and campaign for election. The new Council will need the leadership of States committed to human rights. In particular,

We urge states seeking membership on the Council to

  • present their candidacies at least thirty days prior to election (i.e. by April 10) to allow for public scrutiny of their human rights records;
  • commit to “fully co-operate with the Council” as set forth in the General Assembly resolution by granting unimpeded access to U.N. human rights investigators through standing invitations
  • set forth a concrete and positive human rights agenda at home and for service on the Council.

-at home, this should include a plan for ratification of the principal human rights treaties, if they have not yet been approved, as well as their implementation, and the lifting of reservations; and a commitment to regularly report to relevant treaty monitoring bodies.

-on the Council, this should include the commitment to ensure that the Council provides an adequate response to human rights crises when they occur, to oppose procedural barriers (such as “no action” motions) that might block full examination of these situations, and to establish a robust universal periodic review mechanism.

Regarding regional groups, we urge states to present their candidacies individually, ensuring that there are more states seeking election to the Council than seats allocated to the regional group, so as to facilitate a meaningful choice of those most committed to human rights.

Most important, we urge all states to follow the guidance set forth in Operative Paragraph 8 of the General Assembly resolution. States should refrain from voting for any government that presents a poor human rights record.

Votes for election to the new Council should be cast conscientiously based upon merit, rather than as political trades. We note the statement of Mexico in the General Assembly on March 15, which you might find sets a good example:

"Mexico has decided to adopt a policy of not exchanging votes on candidatures to elect members of the Human Rights Council. The purpose of this measure is to make sure Mexico always grants its support to those candidates who, as set out in the resolution, have the most merits and demonstrate the highest level of commitment to the human rights cause. Furthermore, as part of this policy, Mexico will not disclose its voting intentions thus avoiding the influence of factors foreign to human rights agenda.”

We look forward to continuing to work with all states and all regional groups towards the goal of building a strong and responsive Human Rights Council.

Please accept our assurances of our highest consideration and respect.

Sincerely,

Kenneth Roth
Executive Director

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