MOTION FOR A RESOLUTION
8.3.2006
pursuant to Rule 103(2) of the Rules of Procedure
by Inese Vaidere
on behalf of the UEN Group
on the outcome of the negotiations on the Human Rights Council and on the 62nd session of the UNCHR
B6‑0154/2006
European Parliament resolution on the outcome of the negotiations on the Human Rights Council and on the 62nd session of the UNCHR
The European Parliament,
having regard to its previous resolutions on the UN Commission on Human Rights since 1996, as well as those of 29 January 2004 on the relations between the European Union and the United Nations[1], of 9 June 2005 on the reform of the United Nations[2], and of 29 September 2005[3] on the outcome of the United Nations World Summit of 14-16 September 2005,
having regard to the report ‘A more secure world: our shared responsibility’ by the High‑Level Panel on Threats, Challenges and Change of 1 December 2004,
having regard to the report ‘In larger freedom: towards development, security and human rights for all’ by the Secretary-General of the UN of 21 March 2005,
having regard to the Outcome Document of the 2005 UN World Summit adopted in New York on 16 September 2005, where it was decided to create a Human Rights Council as a subsidiary organ of the General Assembly, in replacement of the Commission on Human Rights and to entrust the President of the UNGA with the task of conducting negotiations, to be completed as soon as possible during the Sixtieth Session, in order to define its mandate and composition,
having regard to the draft resolution by the President of the UN General Assembly on the Human Rights Council, presented on 23 February 2006,
having regard to Rule 103(2) of its Rules of Procedure,
A. whereas respect for, and the promotion and protection of the universality of human rights and fundamental rights are among the most fundamental principles of the European Union and are a high priority for the Union in all its relations with third countries,
B. whereas the United Nations is the most appropriate organisation to deal comprehensively with human rights issues and challenges facing mankind today,
C. whereas the draft resolution by the President of the UN General Assembly on the Human Rights Council (HRC) is the outcome of many months of negotiations and efforts to reach consensus on the establishment and the functions of this body,
D. whereas the aim of the establishment of the new Human Rights Council is to improve the efficiency of the platform for promotion and protection of human rights within the UN framework as well as to provide this body with greater democratic legitimacy and political authority,
E. whereas the 62nd session of the UN Commission on Human Rights (UNCHR) is planned to take place from 13 March to 21 April 2006 and will be its last session, prior to the actual establishment of the UN Human Rights Council,
F. whereas an EP ad hoc delegation has been established for this year's annual session of the UNCHR, as has been the case for the past seven years,
Human Rights Council
1. Welcomes the adoption of the draft resolution on the establishment of the Human Rights Council; takes note in this respect of the EU's contribution towards the outcome of the negotiations; points out, however, that the text falls short of the vision set out by the Secretary-General of the UN in his reform report of 21 March 2005;
2. Reiterates its stand for the UN Human Rights Council (HRC) as a strong, reliable and effective instrument of cooperation and dialogue, with enhanced credibility and common responsibility for the human rights work of the UN; in this respect, reaffirms its view that the Human Rights Council's ability to promote and protect human rights will depend on all the parties' political will to make it a strong and effective body;
3. Calls therefore on all UN member states to fulfil the mandate which they have defined and to implement the mechanisms developed so as to ensure the ability of the Council to protect and promote human rights meaningfully and to improve the credibility of the United Nations system;
4. Stresses that the establishment of the permanent UN body with its size reduced to 47 members elected directly and individually by a majority of the General Assembly will improve the effectiveness of the body and will thus be a first step towards meeting the 2005 World Summit's commitment to strengthening the United Nations human rights machinery;
5. Expresses its disappointment that the requirement that members of the new Council be elected by a strengthened, two-thirds majority has not been retained; nevertheless, considers that the procedure whereby members are elected by an absolute majority of the General Assembly and governments are required to consider candidates' human rights records and commitments, as well as the procedure for suspending the rights of membership in the Council of members committing gross and systematic violations of human rights could prevent human rights violators from sitting in the Council;
6. Stresses that the Council should to be able to react rapidly and to consider human rights abuses on a year-round basis, and therefore welcomes the provision made for the Council to meet regularly throughout the year as well as to hold special sessions outside its regular meetings to quickly address developing human rights crises;
7. Welcomes the retention of the UNCHR's system of independent 'special procedures'; notes that these special procedures will be subject to review within one year and calls on the EU to remain vigilant to ensure they are maintained;
8. Welcomes the retention of the practices observed by the UNCHR on participation of and consultation with observers, including human rights NGOs;
9. Emphasises the positive effect of setting-up a universal periodic review mechanism ('the peer review') as a mean of reinforcing the universality of coverage and equal treatment of member states with regard to the monitoring of human rights throughout the world; takes note of the specification that this mechanism should not duplicate the work of UN treaty bodies;
10. Encourages all UN member states to work jointly in order to achieve the election of the candidate countries with the highest human rights standards, which have ratified core human rights treaties, complied with their reporting obligations, issued open invitations to the UN special procedures and endeavoured to implement their recommendations; calls on the EU to insist that nominations be presented at least thirty days prior to election, to allow for public scrutiny of their human rights records and pledges;
11. Reaffirms the need for strengthened consultation, cooperation and coordination between the EU and the UN, in particularly in the context of the establishment of the new Human Rights Council and other UN structures;
12. Stresses the importance and need for coordinated, concerted and well-prepared EU positions and approaches prior to, during and after the Council's sessions in order to ensure an efficient and full value contribution by the EU to its proceedings;
13. Considers it appropriate, following the practice of EP participation in the annual sessions of the UNCHR, to continue sending a delegation to attend relevant sessions of the HCR;
62nd session of the UNCHR
14. Takes note of the recommendation for the UNCHR to conclude its work at its 62nd session and to organise it as a transitional, procedural and shortened session;
15. Stresses nevertheless that this reform should not prevent the UNCHR from performing its protection mandate and that all activities of the Commission in its standard setting should be duly adopted or otherwise followed-up;
16. Calls, therefore, on members of the UNCHR to ensure that the special procedures mandated at the last session are presented, acknowledged and fully debated, and that human rights defenders are enabled to address the Commission and take part in the debates;
17. Instructs the EP ad hoc delegation to the 62nd session of UNCHR to endorse and convey the views expressed in this resolution;
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18. Instructs its President to forward this resolution to the Council and Commission, the governments and parliaments of the Member States, the UN Secretary-General, the President of the 60th General Assembly and the High Commissioner for Human Rights.