Nota 52- Criação do CDH

Sixtieth session

Agenda items 46 and 120

05-50266

Resolution adopted by the General Assembly
[without reference to a Main Committee (A/60/L.48)]

60/251. Human Rights Council

The General Assembly,

Reaffirming the purposes and principles contained in the Charter of the United
Nations, including developing friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, and achieving
international cooperation in solving international problems of an economic, social,
cultural or humanitarian character and in promoting and encouraging respect for
human rights and fundamental freedoms for all,

Reaffirming also the Universal Declaration of Human Rights1 and the Vienna
Declaration and Programme of Action,2 and recalling the International Covenant on
Civil and Political Rights,3 the International Covenant on Economic, Social and
Cultural Rights3 and other human rights instruments,

Reaffirming further that all human rights are universal, indivisible,
interrelated, interdependent and mutually reinforcing, and that all human rights must
be treated in a fair and equal manner, on the same footing and with the same
emphasis,

Reaffirming that, while the significance of national and regional particularities
and various historical, cultural and religious backgrounds must be borne in mind, all
States, regardless of their political, economic and cultural systems, have the duty to
promote and protect all human rights and fundamental freedoms,

Emphasizing the responsibilities of all States, in conformity with the Charter,
to respect human rights and fundamental freedoms for all, without distinction of any
kind as to race, colour, sex, language or religion, political or other opinion, national
or social origin, property, birth or other status,

Acknowledging that peace and security, development and human rights are the
pillars of the United Nations system and the foundations for collective security and
well-being, and recognizing that development, peace and security and human rights
are interlinked and mutually reinforcing,
_______________
1 Resolution 217 A (III).
2 A/CONF.157/24 (Part I), chap. III.
3 See resolution 2200 A (XXI), annex.


Affirming the need for all States to continue international efforts to enhance
dialogue and broaden understanding among civilizations, cultures and religions, and
emphasizing that States, regional organizations, non-governmental organizations,
religious bodies and the media have an important role to play in promoting
tolerance, respect for and freedom of religion and belief,

Recognizing the work undertaken by the Commission on Human Rights and
the need to preserve and build on its achievements and to redress its shortcomings,

Recognizing also the importance of ensuring universality, objectivity and
non-selectivity in the consideration of human rights issues, and the elimination of
double standards and politicization,

Recognizing further that the promotion and protection of human rights should
be based on the principles of cooperation and genuine dialogue and aimed at
strengthening the capacity of Member States to comply with their human rights
obligations for the benefit of all human beings,

Acknowledging that non-governmental organizations play an important role at
the national, regional and international levels, in the promotion and protection of
human rights,

Reaffirming the commitment to strengthen the United Nations human rights
machinery, with the aim of ensuring effective enjoyment by all of all human rights,
civil, political, economic, social and cultural rights, including the right to
development, and to that end, the resolve to create a Human Rights Council,

1. Decides to establish the Human Rights Council, based in Geneva, in
replacement of the Commission on Human Rights, as a subsidiary organ of the
General Assembly; the Assembly shall review the status of the Council within five
years;

2. Decides that the Council shall be responsible for promoting universal
respect for the protection of all human rights and fundamental freedoms for all,
without distinction of any kind and in a fair and equal manner;

3. Decides also that the Council should address situations of violations of
human rights, including gross and systematic violations, and make
recommendations thereon. It should also promote the effective coordination and the
mainstreaming of human rights within the United Nations system;

4. Decides further that the work of the Council shall be guided by the
principles of universality, impartiality, objectivity and non-selectivity, constructive
international dialogue and cooperation, with a view to enhancing the promotion and
protection of all human rights, civil, political, economic, social and cultural rights,
including the right to development;

5. Decides that the Council shall, inter alia:

(a) Promote human rights education and learning as well as advisory
services, technical assistance and capacity-building, to be provided in consultation
with and with the consent of Member States concerned;
(b) Serve as a forum for dialogue on thematic issues on all human rights;
(c) Make recommendations to the General Assembly for the further
development of international law in the field of human rights;
(d) Promote the full implementation of human rights obligations undertaken
by States and follow-up to the goals and commitments related to the promotion and
protection of human rights emanating from United Nations conferences and
summits;
(e) Undertake a universal periodic review, based on objective and reliable
information, of the fulfilment by each State of its human rights obligations and
commitments in a manner which ensures universality of coverage and equal
treatment with respect to all States; the review shall be a cooperative mechanism,
based on an interactive dialogue, with the full involvement of the country concerned
and with consideration given to its capacity-building needs; such a mechanism shall
complement and not duplicate the work of treaty bodies; the Council shall develop
the modalities and necessary time allocation for the universal periodic review
mechanism within one year after the holding of its first session;
(f) Contribute, through dialogue and cooperation, towards the prevention of
human rights violations and respond promptly to human rights emergencies;
(g) Assume the role and responsibilities of the Commission on Human
Rights relating to the work of the Office of the United Nations High Commissioner
for Human Rights, as decided by the General Assembly in its resolution 48/141 of
20 December 1993;
(h) Work in close cooperation in the field of human rights with
Governments, regional organizations, national human rights institutions and civil
society;
(i) Make recommendations with regard to the promotion and protection of
human rights;
(j) Submit an annual report to the General Assembly;

6. Decides also that the Council shall assume, review and, where necessary,
improve and rationalize all mandates, mechanisms, functions and responsibilities of
the Commission on Human Rights in order to maintain a system of special
procedures, expert advice and a complaint procedure; the Council shall complete
this review within one year after the holding of its first session;

7. Decides further that the Council shall consist of forty-seven Member
States, which shall be elected directly and individually by secret ballot by the
majority of the members of the General Assembly; the membership shall be based
on equitable geographical distribution, and seats shall be distributed as follows
among regional groups: Group of African States, thirteen; Group of Asian States,
thirteen; Group of Eastern European States, six; Group of Latin American and
Caribbean States, eight; and Group of Western European and other States, seven; the
members of the Council shall serve for a period of three years and shall not be
eligible for immediate re-election after two consecutive terms;

8. Decides that the membership in the Council shall be open to all States
Members of the United Nations; when electing members of the Council, Member
States shall take into account the contribution of candidates to the promotion and
protection of human rights and their voluntary pledges and commitments made
thereto; the General Assembly, by a two-thirds majority of the members present and
voting, may suspend the rights of membership in the Council of a member of the
Council that commits gross and systematic violations of human rights;

9. Decides also that members elected to the Council shall uphold the
highest standards in the promotion and protection of human rights, shall fully
cooperate with the Council and be reviewed under the universal periodic review
mechanism during their term of membership;

10. Decides further that the Council shall meet regularly throughout the year
and schedule no fewer than three sessions per year, including a main session, for a
total duration of no less than ten weeks, and shall be able to hold special sessions,
when needed, at the request of a member of the Council with the support of one
third of the membership of the Council;

11. Decides that the Council shall apply the rules of procedure established
for committees of the General Assembly, as applicable, unless subsequently
otherwise decided by the Assembly or the Council, and also decides that the
participation of and consultation with observers, including States that are not
members of the Council, the specialized agencies, other intergovernmental
organizations and national human rights institutions, as well as non-governmental
organizations, shall be based on arrangements, including Economic and Social
Council resolution 1996/31 of 25 July 1996 and practices observed by the
Commission on Human Rights, while ensuring the most effective contribution of
these entities;

12. Decides also that the methods of work of the Council shall be
transparent, fair and impartial and shall enable genuine dialogue, be resultsoriented,
allow for subsequent follow-up discussions to recommendations and their
implementation and also allow for substantive interaction with special procedures
and mechanisms;

13. Recommends that the Economic and Social Council request the
Commission on Human Rights to conclude its work at its sixty-second session, and
that it abolish the Commission on 16 June 2006;

14. Decides to elect the new members of the Council; the terms of
membership shall be staggered, and such decision shall be taken for the first
election by the drawing of lots, taking into consideration equitable geographical
distribution;

15. Decides also that elections of the first members of the Council shall take
place on 9 May 2006, and that the first meeting of the Council shall be convened on
19 June 2006;

16. Decides further that the Council shall review its work and functioning
five years after its establishment and report to the General Assembly.

72nd plenary meeting
15 March 2006