International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions 4. MEMBERSHIP The HRC is a political body, not an expert body. Its members are States, represented by diplomats who act on the instructions of their Governments. Although in casting their votes in HRC meetings they will take into account international human rights law and the legal dimensions of issues, their votes in fact reflect the interests of their Governments. For many States and on many occasions those interests support international human rights law and uphold the international legal system, however, for other States and on other occasions they do not. In spite of the fine statements of principle in the GA resolution establishing the HRC, in the end the HRC is a political body whose member States act politically. The HRC has 47 member States.67 Each member State is elected individually by an absolute majority of the GA in a secret ballot, according to the five regional groupings: • 13 States from the Africa Group • 13 States from the Asia Group • six States from the Eastern European Group • eight States from the Latin America and Caribbean Group • seven States from the Western European and Others Group.68 There are no eligibility criteria for membership. However, “when electing members of the HRC, 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”.69 Once elected, members are required to “uphold the highest standards in the promotion and protection of human rights [and] shall fully cooperate with the Council”.70 Further, “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”.71 A member State serves a three-year term and can only be re-elected to one further consecutive term.72 Elections are held in the GA for one-third of the HRC’s membership each year. The HRC’s year runs from January to December and so newly-elected members take up their seats on 1 January in the year following their election.73 The composition of the membership of the HRC is critical to its effectiveness. The process of election in the GA is very important. It can be a complex process with significant campaigning by and on behalf of candidate States and lobbying of States that will vote. The election procedure has had significant effects on the composition of the HRC’s membership. Nominations come through the regional groupings and each region is encouraged to nominate more candidates than the number of seats to be filled for that region. However, some regions often nominate only the same number of candidates as there are seats. This certainly increases the chances of all the candidates being elected, however, the requirements for an absolute majority and for a secret ballot have resulted in some candidates being defeated. 67 The Commission on Human Rights had 53 member States and so the HRC is a little smaller. 68 GA Resolution 60/251; OP. 7. Member States in the Commission on Human Rights were also elected by regional groupings. The Western European and Others Group and the East European Group had proportionally more members and the African Group and the Asian Group had proportionally fewer members in the Commission than in the HRC. The change from the Commission to the Council therefore has led to significantly different results in voting on resolutions and, as a consequence, significant differences in the content of resolutions. 69 GA Resolution 60/251; OP. 8. 70 GA Resolution 60/251; OP. 9. 71 GA Resolution 60/251; OP. 8. Libya was suspended from membership of the HRC under this provision by GA Resolution 65/265 adopted on 1 March 2011. Its membership was restored by GA Resolution 66/11 adopted on 18 November 2011. 72 GA Resolution 60/251; OP. 7. 73 The HRC year used to begin on the anniversary of the first meeting of the HRC, 19 June, and run until 18 June in the following year. The terms of members serving in the year that began on 19 June 2011 were extended, however, so that the HRC year now corresponds to the calendar year. Chapter 5: Human Rights Council | 29