Abstract
The UN Security Council and Human Rights examines the relationship between peace and security and human rights and the role human rights have played in the thinking and action of the Security Council when addressing conflicts worldwide. Human rights feature prominently in the Charter of the United Nations. For decades, however, human rights were seen as being largely outside the scope of the Security Council. Over the past quarter of a century or so, the Security Council has indeed significantly changed its attitude to human rights. This chapter examines the evolution of the Security Council’s approach to human rights, including in relation to peace operations, visiting missions, and sanctions regimes. It also examines the relationship between the Security Council and the parts of the UN system specifically focused on human rights, in particular the Human Rights Council and the High Commissioner for Human Rights. This close examination suggests that the Security Council’s resort to the different tools available and its follow-up has been uneven in relation to human rights. A conclusion reached is that meaningful human rights results on the ground in conflict situations are achieved when there is burden sharing both within the Security Council and among the different parts of the UN, maximizing all resources. Related to this conclusion is that human rights improvements are never just the success of one actor and that the different actors can reinforce each other’s contribution.
References
Security Council Resolutions
S/RES/1012 (1995) Established an international commission of inquiry into the 1993 coup attempt in Burundi and into the massacres that followed
S/RES/120 (1956) Referred the situation in Hungary to the General Assembly
S/RES/1267 (1999) Established the Al-Qaida and Taliban committee and its sanctions mandate
S/RES/1272 (1999) Established UNTAET in East Timor
S/RES/1315 (2000) Requested the Secretary-General to negotiate an agreement to create the Special Court for Sierra Leone
S/RES/1410 (2002) Established the UN Mission of Support in East Timor and stressed the importance of ensuring that those who committed serious crimes should be brought to justice
S/RES/1564 (2004) Established the International Commission of Inquiry to investigate reports of violations of international humanitarian law and human rights law in Darfur
S/RES/1591 (2005) Created a committee and panel of experts and additional individually targeting measures
S/RES/1593 (2005) Referred the situation in Darfur to the International Criminal Court
S/RES/161 (1961) Was on the situation in the Congo following the killings of Congolese leaders Patrice Lumumba, Maurice Mpolo and Joseph Okito
S/RES/1690 (2006) Extended the UN Office in Timor-Leste (UNOTIL) until 20 August and requested a report with recommendations for a future UN presence by 7 August
S/RES/1698 (2006) Extended sanctions to individuals recruiting or targeting children in situations of armed conflict, expressed the intention to consider measures over natural resources, and renewed the sanctions regime and the mandate of the Group of Experts until 31 July 2007
S/RES/1807 (2008) Extended the sanctions regime on the DRC until 31 December 2008
S/RES/181 (1963) Called on South Africa to abandon the policies of apartheid and discrimination
S/RES/182 (1963) Called on South Africa to comply with resolution 181
S/RES/190 (1964) Urged South Africa to cease prosecution of the opponents of apartheid policy
S/RES/191 (1964) Related to the policies of apartheid by the Government of South Africa
S/RES/1970 (2011) Referred the situation in Libya to the International Criminal Court, imposed an arms embargo and targeted sanctions (assets freeze and travel ban) and established a sanctions committee
S/RES/2002 (2011) Extended the mandate of the monitoring group on Somalia and Eritrea for 12 months and expanded the criteria for targeted sanctions to include recruitment and use of children in armed conflict and targeting of civilians
S/RES/203 (1965) Was a resolution on the situation in the Dominican Republic
S/RES/2127 (2013) Asked the Secretary-General to establish an international commission of inquiry in order to investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in CAR
S/RES/2140 (2014) Expressed the Council’s strong support for the next steps of the political transition and established sanctions against those threatening the peace, security or stability of Yemen
S/RES/2171 (2014) Requested the Secretary-General to submit a report to the Council on actions taken to “promote and strengthen conflict prevention tools within the United Nations system” by 31 August 2015
S/RES/2206 (2015) Established a sanctions regime for South Sudan
S/RES/253 (1968) Established the first Council sanctions committee to monitor the implementation of the sanctions measures in Southern Rhodesia
S/RES/418 (1977) Imposed a mandatory ban on all states from engaging in “any cooperation with South Africa in the manufacture and development of nuclear weapons”
S/RES/693 (1991) Mandated the UN Observer Mission in El Salvador to monitor the human rights situation in El Salvador
S/RES/745 (1992) Established UNTA
S/RES/780 (1992) Asked the Secretary-General to appoint an international commission to provide recommendations on how to address the situation in the former Yugoslavia
S/RES/824 (1993) Established safe areas in Bosnia and related UNPROFOR responsibilities
S/RES/827 (1993) Established the International Criminal Tribunal for the former Yugoslavia
S/RES/841 (1993) Imposed sanctions in connection with Haiti
S/RES/872 (1993) Established UNAMIR in Rwanda
S/RES/925 (1994) Extended the mandate of UNAMIR (Rwanda) for additional six months
S/RES/935 (1994) Requested the Secretary-General to establish a commission of experts to obtain information regarding grave violations of international law in Rwanda
S/RES/955 (1994) Established the International Criminal Tribunal for Rwanda
Security Council Presidential Statements
S/23500 (1992) Was adopted following the first Security Council meeting on the level of heads of state on 31 January 1992
S/PRST/1994/60 (1994) Was on the situation in Burundi
S/PRST/2004/17 (2004) Asked the Secretary-General to establish an international commission of inquiry to investigate all human rights violations committed in Côte d’Ivoire since 19 September 2002 and determine responsibility
Security Council Reports
S/1996/682 (1996) Was a report of international commission of inquiry into the 1993 coup attempt in Burundi and into the massacres that followed established through Security Council resolution 1012 of 28 August 1995
S/2005/60 (2005) Was the report of the International Commission of Inquiry on Darfur to the Secretary-General
S/2006/822 (2006) Was a report of the Independent Special Commission of Inquiry for Timor-Leste
S/2014/276 (2014) Was a letter to the Council from Australia, France and the US transmitting the report of the commission of inquiry on human rights in the DPRK
S/2014/928 (2014) Was the final report of the CAR Commission of Inquiry
Security Council Letters
S/2014/501 (2014) Was from Australia, France and the US summarising the Council’s Arria-formula meeting on the CoI report on human rights in DPRK
S/24393 (1992) Was from Belgium requesting that the Security Council invite the CHR Special Rapporteur on Iraq, Max van der Stoel, to address the Council
S/24394 (1992) Was from France requesting that the Security Council invite the CHR Special Rapporteur on Iraq, Max van der Stoel, to address the Council
S/24395 (1992) Was from the UK requesting that the Council invite the CHR Special Rapporteur on Iraq, Max van der Stoel, to address the Council
S/24396 (1992) Was from the US requesting that the Security Council invite the CHR Special Rapporteur on Iraq, Max van der Stoel to address the Council
Security Council Meeting Records
S/PV.3046 (1992) Was the first Security Council meeting held at the level of heads of state
S/PV.3105 (1992) The Council decided for the first time to invite a Special Rapporteur of the UN Commission on Human Rights (Special Rapporteur on the human rights situation in Iraq Max Van der Stoel) to address the body during a meeting on the situation between Iraq and Kuwait
S/PV.3134 (1992) Special Rapporteur of the Commission on Human Rights on the former Yugoslavia, Tadeusz Mazowiecki, was invited to address the Council during its consideration of the situation in Bosnia and Herzegovina
S/PV.3139 (1992) The Special Rapporteur on the human rights situation in Iraq, Max Van der Stoel, was invited to address the Council on the situation in between Kuwait and Iraq
S/PV.4046 (1999) Was semi-annual debate on the protection of civilians during which the High Commissioner for Human Right (Mary Robinson at the time) addressed the Security Council for the first time
S/PV.4143 and Resumption 1 (2000) Was an open debate on the DRC following the Council’s visit to the country from 3 to 8 May
S/PV.5005 (2004) Was an open debate on the Security Council visiting mission to West Africa from 20 to 29 June 2004
S/PV.5581 (2006) Was on the report of the Council visiting mission to Afghanistan
S/PV.6351 (2010) Was on Afghanistan
S/PV.7289 (2014) Was the annual open debate on women, peace and security during which Chaloka Beyani, HRC Special Rapporteur on the human rights of internally displaced persons, was among the briefers
S/PV.7898 (2017) Was an open debate on trafficking in persons in conflict situations during which Urmila Bhoola, Special Rapporteur on contemporary forms of slavery, including its causes and consequences, was among the briefers
S/PV.7926 (2017) Was the first formal Security Council meeting with a stated focus on human rights
Other
S/1994/1039 (1994) Was the report of the Security Council’s fact-finding mission to Burundi, on 13 and 14 August 1994
S/2006/391 (2006) Was an 8 June 2006 request by Timor Leste to the Council asking it to establish an independent commission of inquiry into violent events that resulted in mass displacement of civilians earlier in the year
S/2007/14 (2007) Was a draft resolution on the situation in Myanmar which was vetoed by China and Russia
S/2008/447 (2008) Was a draft resolution on the situation in Zimbabwe
S/2009/243 (2009) Was a letter containing the terms of reference for the Security Council mission to Africa in May 2009
S/2011/612 (2011) Was a vetoed draft Security Council resolution condemning the Syrian crackdown on protestors. Russia and China vetoed the draft resolution and Brazil, India, Lebanon and South Africa abstained
S/2012/538/Rev.2 (n.d.) Was a draft resolution on Syria that did not pass
S/2014/189 (2014) Was a draft resolution on Ukraine that was not adopted due to a veto by Russia
S/2014/348 (2014) Was a draft resolution referring situation in Syria to the ICC
S/2015/508 (2015) Was a draft resolution to commemorate the anniversary of the Srebrenica genocide that was vetoed by Russia and Angola. China, Nigeria and Venezuela abstained
S/25700 (1993) Was the report of the Security Council visiting mission to former Yugoslavia, including Sarajevo and Srebrenica
UN Human Rights Council/Commission on Human Rights
1992/S-1/1 (1992) Was a resolution adopted at the first special session of the CHS which requested the appointment of the Special Rapporteur to investigate the human rights situation on the territory of former Yugoslavia
A/HRC/RES/15/15 (2010) Was a Human Rights Council resolution extending the mandate of the Special Rapporteur on the protection of human rights and fundamental freedoms while countering terrorism
A/HRC/RES/25/25 (2014) Was a Human Rights Council resolution which welcomed the report of HRC commission of inquiry on human rights in DPRK and recommended that the General Assembly submit the report of the commission of inquiry to the Security Council
A/HRC/RES/27/16 (2014) Was Human Rights Council resolution on the human rights situation in Syria
A/HRC/RES/28/20 (2015) Was a Human Rights Council resolution on human rights and the humanitarian situation in Syria
A/HRC/RES/30/10 (2015) Was a Human Rights Council resolution on human rights and the humanitarian situation in Syria
E/CN.4/1994/7/Add/1 (1993) Was a report by the CHR Special Rapporteur on extrajudicial, summary or arbitrary executions regarding the situation in Rwanda
General Assembly
A/RES/3/217 A (1948) Was Universal Declaration of Human Rights
A/RES/48/141 (1993) Was a resolution that created the post of High Commissioner for Human Rights
A/RES/60/251 (2006) Was a resolution that established the Human Rights Council
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Weschler, J., Knutson, L. (2018). The UN Security Council and Human Rights. In: Oberleitner, G. (eds) International Human Rights Institutions, Tribunals, and Courts. International Human Rights. Springer, Singapore. https://doi.org/10.1007/978-981-10-4516-5_9-1
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