
March 13, 2020
United Nations Issues: U.N. Office of the High Commissioner for
Human Rights
The U.N. Office of the High Commissioner for Human
Guantanamo Bay. The current High Commissioner is
Rights (OHCHR, or the Office) is the primary U.N.
Michelle Bachelet of Chile.
administrative body that addresses human rights. The
United States generally funds the Office through assessed
Activities and Structure
contributions to the U.N. regular budget (between $18-
OHCHR works with governments and civil society
$20.5 million a year), and voluntary contributions (between
organizations to monitor human rights conditions and
$5-$15 million over the past five years). Since FY2018, the
provide expertise and technical assistance in support of
Trump Administration has withheld assessed U.S. funding
international human rights standards. Assistance may
from the Office, possibly due to concerns regarding its
include human rights assessments, advisory services,
activities related to the Palestinians and its work with the
trainings, and other activities. (For example, OHCHR
U.N. Human Rights Council (the Council). (The United
provided technical support to new Colombian institutions
States withdrew from the Council in 2018 due to concerns
charged with prosecuting human rights crimes under
about its disproportionate focus on Israel and perceived
international law committed during Colombia’s period of
inability to effectively address human rights issues.) Some
armed conflict.) OHCHR also works to “mainstream”
Members of Congress agree that the withholding is merited;
human rights promotion throughout the U.N. system,
others view OHCHR as important mechanism for
including within relevant U.N. specialized agencies. (For
preventing and responding to human rights violations
example, it seeks to ensure that human rights issues are
worldwide. Some are also concerned that the withholding
integrated within U.N. mechanisms and policies that
was not authorized by Congress. The United States has
address terrorism and violent extremism.)
continued to provide voluntary funding to the Office as
OHCHR is headquartered in Geneva and is bureaucratically
specified by Congress in annual appropriations bills ($14.5
situated within the U.N. Secretariat, which is the U.N.
million in FY2020).
system’s administrative body led by the Secretary-General.
Origins and Background
It has an office in New York and a field-based presence that
includes 12 regional offices, 14 country offices, 13 human
OHCHR was created in 1993 by U.N. General Assembly
rights components as part of U.N. peacekeeping missions,
resolution 48/141 as an outcome of the U.N. World
27 human rights advisors integrated within U.N. country
Conference on Human Rights in Vienna that year. Support
teams, and a rapid response unit to respond to human rights
for establishing such an office increased within the changed
emergencies (e.g., this unit in 2017 deployed U.N.
political dynamics of the post-Cold War era and because of
personnel to monitor human rights violations against the
a perceived need to ensure effective coordination of the
Rohingya in Burma).
growing number of U.N. human rights-focused treaty
bodies and mechanisms.
Relationship to the U.N. Human Rights Council
U.N. High Commissioner for Human Rights
A major part of OHCHR’s work consists of supporting the
U.N. Human Rights Council. OHCHR and the Council are
The U.N. High Commissioner for Human Rights is
distinct entities, yet their work is often connected. The
appointed by the U.N. Secretary-General and approved by
Council is an intergovernmental body composed of 47
the General Assembly. He or she serves up to two four-year
member states. OHCHR, as part of the U.N. Secretariat,
terms, although to date no commissioner has served for
helps support and coordinate the Council’s work, including
more than one term. According to resolution 48/141, the
that done by country or issue-focused human rights
High Commissioner has “principal responsibility for United
monitoring experts that have been appointed by council
Nations human rights activities,” and operates under the
members (known as special procedures). OHCHR also
direction of the Secretary-General.
carries out any tasks or activities assigned by the Council
While serving as a high profile human rights advocate is
and makes relevant recommendations.
one aspect of the High Commissioner’s role, the High
Commissioner also serves as an impartial evaluator of
Budget
human rights conditions, as a diplomat who must deliver
OHCHR is funded through a combination of assessed and
tough messages to governments while also working with
voluntary contributions from governments and other
them to improve their practices, and as a manager tasked
donors. Assessed contributions are provided through the
with overseeing a substantively and geographically broad
U.N. regular budget; they fund core human rights activities
U.N. organization. At times, High Commissioners have
and programs, including those mandated by the General
criticized the United States, such as for conditions at the
Assembly and Human Rights Council. Voluntary
U.S.-Mexico border and the detention of individuals at
contributions can vary from year to year and generally fund
specific projects earmarked by donors. In 2018,
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United Nations Issues: U.N. Office of the High Commissioner for Human Rights
contributions to OHCHR totaled $312.7 million. Of this
increased to $14.5 million; of this amount, $1 million each
amount, $125.6 million (roughly 40%) was from assessed
was designated for Colombia, Honduras, and Guatemala.
contributions and $187.1 million (about 60%) was from
voluntary contributions from 89 donors, including 63 U.N.
Issues for Congress
member states. Unpredictable voluntary funds have
Activities Related to the Palestinians. Some policymakers
outpaced regular budget funding in recent years, making it
maintain that the United States should not fund OHCHR
more difficult to plan and prioritize programs (Figure 1).
because it supports activities they view as biased against
Nevertheless, many donors, including the United States,
Israel—particularly those initiated by the Human Rights
support such funding because it allows them to support
Council, which has special procedures and an agenda item
programs that are in line with their human rights priorities.
focusing on human rights in “Palestine.” In March 2016,
Figure 1. OHCHR Funding, by Type
the Council adopted a resolution, which was strongly
opposed by the United States, that requested OHCHR to
produce a database of all business enterprises that “directly
and indirectly, enabled, facilitated and profited from the
construction and growth of the (Israeli) settlements.”
OHCHR released the database on February 12, 2020.
Secretary of State Mike Pompeo expressed “outrage” that
OHCHR would publish the document and called on others
to reject the effort. Some Members of Congress have also
opposed the database; for example, H.R. 5595, The Israel
Anti-Boycott Act, seeks to prohibit some businesses from
cooperating with information collection efforts connected to
the database. Despite these activities, some contend that the
Source: Data adapted by CRS from 2018 OHCHR Annual Report.
United States should support the Office because it also
addresses other human rights situations of U.S. concern.
The United States and OHCHR
Impact of U.S. Withholdings. Opponents contend the
The United States advocated for the creation of OHCHR
OHCHR withholdings infringe on U.S. funding obligations
and supported the resolution that established the Office. In
under the U.N. Charter. Some have also expressed concern
the decades since, U.S. policymakers have generally funded
that withholdings are not authorized in legislation. More
and supported OHCHR’s work. At the same time, some
broadly, some maintain it sends a message to other
have expressed concern regarding OHCHR’s activities,
countries that the United States does not prioritize human
including its connection to the Human Rights Council. The
rights. Others suggest the withholdings allow the United
United States provides assessed and voluntary funding to
States to leverage its position as the largest U.N. contributor
OHCHR through annual State, Foreign Operations and
to push for human rights-related policies that are in the U.S.
Related Programs (SFOPS) appropriations bills. Assessed
interest. The overall impact of the withholdings remains
funding is provided through the U.N. regular budget, of
unclear. Because OHCHR is funded in part through the
which the U.S. assessment is 22%. The United States
U.N. regular budget, any shortfalls would most likely be
contributes to the regular budget through appropriations
covered, at least temporarily, by surplus regular budget or
from the Contributions to International Organizations
emergency funding. As a result, the withholding is largely
account. In FY2018 and FY2019, the Administration
symbolic and unlikely to have significant impact.
withheld a proportionate amount of OHCHR funding from
the U.N. regular budget ($18.9 million and $20.3 million,
Possible Decline in U.S. Influence. Some policymakers
respectively). To date, the Administration had not decided
have become concerned that a dearth of U.S. leadership
if it would withhold funds for FY2020. Withholding funds
might weaken U.N. human rights entities such as OHCHR
in this manner is a policy decision by the Administration
by ceding influence to other countries. For example, some
and is not authorized by Congress.
have argued that in the Human Rights Council, China has
Figure 2. U.S. OHCHR Voluntary Funding
undermined U.N. human rights efforts by downplaying
individual rights and emphasizing state-led development,
advocating for its interpretations of national sovereignty
and concepts of noninterference in internal affairs, and
seeking to limit the voices of human rights groups. Because
OHCHR implements many council mandates, some fear
such perspectives could be reflected in OHCHR activities.
On the other hand, some contend that the United States
should pursue its global human rights priorities in other
multilateral and U.N. fora such as the U.N. Security
Council or the General Assembly’s Third Committee on
Human Rights. Others also suggest that the United States
focus on bilateral efforts to address human rights.
Source: SFOPS appropriations bil s and explanatory statements.
Luisa Blanchfield, Specialist in International Relations
OHCHR voluntary contributions are generally provided
Michael A. Weber, Analyst in Foreign Affairs
through the International Organizations and Programs
account (Figure 2). FY2020 voluntary funding was
IF11457
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United Nations Issues: U.N. Office of the High Commissioner for Human Rights
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