[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5649 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5649
To promote transparency, accountability, and reform within the United
Nations Human Rights Council, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Ms. Ros-Lehtinen (for herself, Mr. Perry, Mr. Yoho, and Mr. DeSantis)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
To promote transparency, accountability, and reform within the United
Nations Human Rights Council, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Human Rights Council
Accountability Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since its establishment in 2006, the United Nations
Human Rights Council has failed to meaningfully promote the
protection of internationally recognized human rights.
(2) The United Nations Human Rights Council suffers from
fundamental and severe structural flaws since it draws its
members from the United Nations General Assembly without any
substantive membership criteria, with the perverse result that
a number of the world's worst human rights abusers are members
of the council.
(3) For example, more than half of the members of the
United Nations Human Rights Council are rated ``Not Free'' or
only ``Partly Free'' by Freedom House in its 2014 Freedom in
the World report. Only a minority of members were rated
``Free''.
(4) Current membership on the United Nations Human Rights
Council includes some of the world's worst violators, including
China, Congo, Cuba, Kazakhstan, Pakistan, Russia, Saudi Arabia,
Venezuela, Vietnam, and others.
(5) The United Nations Human Rights Council's agenda
contains a permanent item for criticism of the democratic,
Jewish State of Israel, but no permanent items criticizing any
other state or non-state actor.
(6) Since 2006, the United Nations Human Rights Council has
a largely disproportionate number of resolutions focused on
criticizing Israel.
(7) Since 2006, the United Nations Human Rights Council has
held 22 special sessions to address dire and critical
humanitarian crises throughout the world, with 7 focused on
criticizing Israel, more than any other two nations combined,
despite the fact that the United Nations currently has declared
four of the world's humanitarian crises (Syria, Iraq, South
Sudan and the Central African Republic) a ``Level 3'', its
highest designation.
(8) On July 23, 2014, the United Nations Human Rights
Council adopted a resolution to investigate purported
violations of international humanitarian and human rights laws
in Gaza and the West Bank. The resolution contained over 1,700
words criticizing Israel for supposed human rights violations
in Gaza, yet does not mention Hamas, the designated foreign
terrorist organization responsible for using Palestinian
children, women, and men as human shields and launching
thousands of rockets indiscriminately into Israeli civilian
populations, even once.
(9) The July 23, 2014, resolution passed with 29 votes in
favor, 17 abstentions and the United States as the lone
dissenting vote.
(10) On August 11, 2014, the United Nations named Professor
William Schabas to lead a panel of inquiry in accordance to the
July 23, 2014, resolution.
(11) Schabas has made public statements in the past that
should have precluded him from heading the panel as an unbiased
participant, and should recuse himself. Among his incendiary
and biased remarks, Schabas has stated ``Actually, my favourite
would be Netanyahu within the dock of the International
Criminal Court,'' in 2012, indicating a clear conflict of
interests and lack of impartiality.
(12) In 2006, the George W. Bush Administration voted
against the resolution that created the United Nations Human
Rights Council in the United Nations General Assembly over
concerns about the Council's reforms and its ability to
advocate for human rights and decided to not seek a seat on the
Council.
(13) In June 2008, citing its skepticism regarding the
function of the United Nations Human Rights Council in terms of
fulfilling its mandate and its imbalanced approach and Israel
bashing agenda, the Bush Administration announced it would
limit its engagement with the Council.
(14) In 2008, the Bush Administration announced it would
withhold United States funding to the United Nations regular
budget equivalent to the United States share of the United
Nations Human Rights Council budget.
(15) In March 2009, reversing the previous Administration's
policy, the Obama Administration announced that the United
States would run for a seat on the United Nations Human Rights
Council, and won a seat in May 2009.
(16) United States membership in the United Nations Human
Rights Council has not led to reform of its fundamental flaws
nor diminished the Council's virulently anti-Israel behavior.
The Council has passed over two dozen resolutions criticizing
Israel since the United States joined in 2009, and the world's
worst violators continue to get a pass.
SEC. 3. LIMITATIONS RELATING TO UNITED NATIONS HUMAN RIGHTS COUNCIL
MEMBERSHIP AND FUNDING.
(a) In General.--For each and every fiscal year that begins after
the date of the enactment of this Act, until the Secretary of State
submits to Congress a certification for such fiscal year that the
requirements described in subsection (b) have been satisfied--
(1) the Secretary of State shall withhold from a United
States contribution for such fiscal year to the regular budget
of the United Nations an amount that is equal to the percentage
of such contribution that the Secretary determines would be
allocated by the United Nations to support the United Nations
Human Rights Council;
(2) the Secretary of State shall not make a voluntary
contribution to the United Nations Human Rights Council; and
(3) the United States shall not run for a seat on the
United Nations Human Rights Council.
(b) Certification.--The certification referred to in subsection (a)
is a certification of the Secretary of State to Congress that--
(1) the United Nations Human Rights Council's mandate from
the United Nations General Assembly explicitly and effectively
prohibits candidacy for membership on the Council of a United
Nations Member State that--
(A) is subject to sanctions by the United Nations
Security Council; and
(B) is under a United Nations Security Council-
mandated investigation for human rights abuses;
(2) the United Nations Human Rights Council does not
include a United Nations Member State that--
(A) is subject to sanctions by the United Nations
Security Council;
(B) is under a United Nations Security Council-
mandated investigation for human rights abuses;
(C) the Secretary of State has determined, for
purposes of section 6(j) of the Export Administration
Act of 1979 (as continued in effect pursuant to the
International Emergency Economic Powers Act), section
40 of the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or other provision of
law, is a country the government of which has
repeatedly provided support for acts of international
terrorism; or
(D) the President has designated as a Country of
Particular Concern for Religious Freedom under section
402(b) of the International Religious Freedom Act of
1998; and
(3) the United Nations Human Rights Council's agenda or
program of work does not include a permanent item with regard
to the State of Israel.
(c) Special Procedures.--For each and every fiscal year that begins
after the date of the enactment of this Act, the Secretary of State
shall withhold from a United States contribution for such fiscal year
to the regular budget of the United Nations an amount that is equal to
the percentage of such contribution that the Secretary determines would
be allocated by the United Nations to support the United Nations
``Special Rapporteur on the situation of human rights in Palestinian
territories occupied since 1967'', and any other United Nations Human
Rights Council ``Special Procedures'' used to display bias against the
United States or the State of Israel or to provide support for any
United Nations Member State that--
(1) is subject to sanctions by the United Nations Security
Council;
(2) is under a United Nations Security Council-mandated
investigation for human rights abuses;
(3) the Secretary of State has determined, for purposes of
section 6(j) of the Export Administration Act of 1979 (as
continued in effect pursuant to the International Emergency
Economic Powers Act), section 40 of the Arms Export Control
Act, section 620A of the Foreign Assistance Act of 1961, or
other provision of law, is a country the government of which
has repeatedly provided support for acts of international
terrorism; or
(4) the President has designated as a Country of Particular
Concern for Religious Freedom under section 402(b) of the
International Religious Freedom Act of 1998.
(d) Reversion of Funds.--Funds appropriated for use as a United
States contribution to the United Nations but withheld from obligation
and expenditure pursuant to this section shall immediately revert to
the United States Treasury and shall not be considered arrears to be
repaid to any United Nations entity.
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