Journal of college of Law for Legal and Political Sciences

Abstract

The establishment of the Council was after the inability of the Human Rights Committee to perform its duties and thereafter its function has been politicized, which led to the emergence of certain proposals and ideas advocated the establishment of a new organ entrusted with functions of the Human Rights Committee as well as the new tasks, so as to achieve the protection and promotion of Human Rights. Therefore many researches, studies and the views have been made for the establishment of the International Council for Human Rights and that had raised the attention of specialists in the field of Human Rights and legal studies. The International Council for Human Rights works under a particular legal system, as well as legal rules that govern the membership in this Council. The membership of this Council are distributed to five regional groups it may be based the principle of equitable geographical distribution. The decision of its establishment granted it the right to create committees and subsidiary bodies affiliated to this Council in order to help it in performing its vital functions, consequently, the Council has set up a forum of minorities, social forum, an advisory committee and the expert mechanism on the rights of indigenous peoples The authorities of this Council mainly depend on the Charter of United Nations Organization and according to its objectives and the relationship of member states with each other and with the Organization itself. Therefore, there are those organizations which do not have any real powers towards its members, and for some of them the issuance of advisory opinions or non-obligatory recommendations. Those organizations may issue some binding decisions which may put the UN Organization to take action instead of the states such as the functions of UN Security Council and its powers under Chapter VII of the Charter. These authorities may be granted according to the type of organ and the type of its work. Therefore, we note here that these authorities, ranging from mere exchange of information, researches, issuing opinions and recommendations to the authority of taking obligatory decisions which give the Organization a higher authority above the wills of its member states, and not just the authority to the exchange of information that makes the Organization to seem like body of researches or as an office to coordinate between the states.The decision of the establishment of the Human Rights Council provided means and mechanisms of action in order to carry out its functions. These mechanisms are considered manners to work with those mechanisms and not ends by themselves. The General Assembly was decided through the decision of establishing the Council that the Council is working on behalf of the former Committee - Human Rights Committee - and its functions and mechanisms, adding to them a new mechanism which is the total periodical review where the Council will be able under this mechanism to identify the state record in the field of Human Rights and Freedoms, as well as the Council used the complaints mechanism as the right of individuals and groups who object to serious and flagrant violations may submit a complaint to the Council .