A/HRC/19/74
(e)
Cooperation in the new mandate of the Human Rights Council
23.
The General Assembly, in its resolution 60/251, repeatedly emphasized the
importance of cooperation. In the preamble to the resolution, the General Assembly
recognized that: ―the promotion and protection of human rights should be based on the
principles of cooperation and genuine dialogue and aimed at strengthening the capacity of
Member States to comply with their human rights obligations for the benefit of all human
beings‖. The Human Rights Council itself must be guided in its work by, inter alia, the
principles of ―constructive ... dialogue and cooperation‖ (para. 4). The universal periodic
review is considered to be a ―cooperative mechanism, based on ... dialogue‖ (para. 5). More
generally, the task entrusted to the Council is the following: ―(f) Contribute, through
dialogue and cooperation, towards the prevention of human rights violations and respond
promptly to human rights emergencies‖; and ―(h) Work in close cooperation in the field of
human rights with Governments, regional organizations, national human rights institutions
and civil society.‖
24.
Human Rights Council resolution 5/1 reflects, in its turn, the broad thrust of these
ideas. In accordance with this resolution, the objectives of the universal periodic review
include ―support for cooperation in the promotion and protection of human rights‖ (para. 4
(e)) and ―the encouragement of full cooperation and engagement with the Council, other
human rights bodies and the Office of the United Nations High Commissioner for Human
Rights‖ (para. 4 (f)). The aim of the process is to enhance cooperation in the area of human
rights (para. 27 (c)). In this same resolution, the Human Rights Council also refers to the
possibility of ―persistent non-cooperation‖ by a State with the universal periodic review
process (para. 38). With regard to the complaint procedure, the confidential nature of which
is designed to ―enhance cooperation with the State concerned‖ (para. 86), the possibility of
a ―manifest and unequivocal lack of cooperation‖ is also envisaged (para. 104). However,
the overall tone remains one of ―constructive international dialogue and cooperation‖ with a
view to the rationalization of mandates (para. 54). Accordingly, the country mandates are
based on the principles of ―cooperation and genuine dialogue‖ (para. 63), even though the
possibility that a State might be uncooperative is acknowledged (para. 64).
25.
Even more general wording is found in General Assembly resolution 60/1, which
calls for efforts to ―[encourage] tolerance, respect, dialogue and cooperation among
different cultures, civilizations and peoples‖ (para. 14). This wording is echoed in the
preamble to Human Rights Council resolution 13/23, which reaffirms that: ―dialogue
among religions, cultures and civilizations in the field of human rights could contribute
greatly to the enhancement of international cooperation in this field‖ and then goes on to
mention ―the fact that mutual understanding, dialogue, cooperation, transparency and
confidence-building are important elements in all the activities for the promotion and
protection of human rights‖. Cooperation thus takes on an added cultural dimension while
retaining its original scope. As stated in paragraph 32 (the last paragraph) of the
Millennium Declaration: ―The United Nations is the indispensable common house of the
entire human family, through which we will seek to realize our universal aspirations for
peace, cooperation and development. We therefore pledge our unstinting support for these
common objectives and our determination to achieve them.‖
III. Challenges for international cooperation in the field of
human rights
26.
This brief overview clearly shows the wide variety of meanings that the very
concept of cooperation can have. Before even starting to consider the legal scope of a
―catch-all‖ concept that involves a wide range of actors, fields and registers, we should first
distinguish it from similar terms. The texts cited above use a host of synonyms that focus
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