SUSPENSION OF RUSSIA FROM THE UN HUMAN RIGHTS COUNCIL

The UN General Assembly is empowered to suspend the rights of membership of a member of the HRC in circumstances where that State is committing gross and systematic human rights violations. This requires the adoption of a resolution by the General Assembly by a two-thirds majority of States present and voting, with only yes and no votes counting for this purpose. In other words, the total number of States voting yes in favour of suspension must be two times more than the total number of States voting no against suspension. The most recent vote at the General Assembly on the humanitarian crisis in Ukraine was adopted with 140 yes votes and 5 no votes (that is, almost 30 times more yes than no votes).

There is overwhelming evidence that Russia is responsible for gross and systematic human rights violations in Ukraine, some amounting to war crimes and crimes against humanity, including the deliberate or indiscriminate targeting and killing of civilians, as well as the deliberate or indiscriminate targeting and destruction of hospitals, schools, apartment buildings and homes. Russia’s violations have given rise to a humanitarian catastrophe in Ukraine.

No member State of the Human Rights Council has a perfect human rights record, and a number of current members of the Council are responsible for widespread violations. However, the scale and gravity of Russia’s violations, the overwhelming and indisputable evidence that Russia is committing the crime of aggression, war crimes, crimes against humanity and other serious violations, all in violation of the UN Charter and the territorial integrity and sovereignty of another State, make it a very distinctive contemporary case.

While there are other States that are currently HRC members that have arguably been responsible for gross and systematic human rights violations in the context of the unlawful use of force within or against another State in the past, these acts occurred prior to the establishment of the HRC with its requirements for membership and procedure for suspension.

The suspension of Russia’s rights of membership at the Human Rights Council would not in any way impede efforts at bilateral or multilateral dialogue to end the war, nor reduce or remove avenues towards accountability.

Suspension does not equate to expulsion or exclusion. The suspension of Russia’s HRC membership rights would merely mean that Russia does not enjoy the privileges of membership of the 47 member body and cannot propose or vote on resolutions or amendments at the HRC, putting Russia on an equal footing with the other 146 observer states at the HRC. Russia would still be subject to, and able to participate in, all HRC meetings, mechanisms and processes on the same basis as all other non-member states.