United Nations Issues: U.N. Office of the High Commissioner for Human Rights

United Nations Issues: U.N. Office of the High Commissioner for Human Rights

Updated September 22, 2020
United Nations Issues: U.N. Office of the High Commissioner for
Human Rights
The U.N. Office of the High Commissioner for Human
peacefully,” while calling on police to refrain from
Rights (OHCHR, or the Office) is the primary U.N.
enflaming the situation through excessive force.
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 has
U.N. Human Rights Council (the Council). (The United
helped build the capacity of the Gambia’s truth commission
States withdrew from the Council in 2018 due to concerns
to investigate alleged human right violations under the
about its disproportionate focus on Israel and perceived
government of former president Yahya Jammeh.) OHCHR
inability to effectively address human rights issues.) Some
also works to “mainstream” human rights promotion
Members of Congress agree that the withholding is merited;
throughout the U.N. system, including within relevant U.N.
others view OHCHR as an important mechanism for
specialized agencies. (For example, it seeks to ensure that
preventing and responding to human rights violations
human rights issues are integrated within U.N. mechanisms
worldwide. Some are also concerned that the withholding
and policies that address terrorism and violent extremism.)
was not authorized by Congress. The United States has
OHCHR is headquartered in Geneva and is bureaucratically
continued to provide voluntary funding to the Office as
situated within the U.N. Secretariat, which is the U.N.
specified by Congress in annual appropriations bills.
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 country/stand-alone offices and human rights
OHCHR was created in 1993 by U.N. General Assembly
missions, regional offices, human rights components as part
resolution 48/141 as an outcome of the U.N. World
of U.N. peacekeeping missions, and human rights advisors
Conference on Human Rights in Vienna that year. Support
within U.N. country teams. OHCHR may also use rapid
for establishing such an office increased within the changed
response teams during human rights emergencies (e.g., in
political dynamics of the post-Cold War era and because of
2019 OHCHR deployed teams to conduct remote
a perceived need to ensure effective coordination of the
monitoring of human rights violations in Venezuela).
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. While serving as a high-
carries out any tasks or activities assigned by the Council
profile human rights advocate is one aspect of the High
Commissioner’s
and makes relevant recommendations.
role, he or she also serves as an impartial
evaluator of human rights conditions, as a diplomat who
Budget
must deliver tough messages to governments while also
OHCHR is funded through both assessed and voluntary
working with them to improve their practices, and as a
contributions from governments and other donors. Assessed
manager tasked with overseeing a substantively and
contributions are provided through the U.N. regular budget;
geographically broad U.N. organization. At times, High
they fund core human rights activities and programs,
Commissioners have criticized human rights conditions in
including those mandated by the General Assembly and
the United States. For instance, in June 2020 the current
Human Rights Council. Voluntary contributions can vary
High Commissioner—Michelle Bachelet of Chile—called
from year to year and generally fund specific projects
for protesters’ grievances concerning racism in the United
earmarked by donors. In 2019, total funds available were
States to be heard and addressed. She condemned violence,
$284.6 million. Of this amount, $105.6 million (37%) was
urging protestors to “express their demands for justice
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United Nations Issues: U.N. Office of the High Commissioner for Human Rights
assessed funding and $179 million (63%) was voluntary
passed version of the FY2021 SFOPS appropriations bill
funding from 84 donors, including 66 governments.
(H.R. 7608) includes the same funding levels.
Unpredictable voluntary contributions have outpaced
regular budget funding in recent years, making it difficult to
Issues for Congress
plan and prioritize programs (Figure 1). Nevertheless,
Activities Related to the Palestinians. Some policymakers
many donors, including the United States, support such
maintain that the United States should not fund OHCHR
funding because it allows them to fund programs that are in
because it supports activities they view as biased against
line with their human rights priorities.
Israel—particularly those initiated by the Human Rights
Figure 1. OHCHR Funding, by Type
Council, which has special procedures and an agenda item
focusing on human rights in “Palestine.” In March 2016,
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
Source: Data adapted by CRS from 2019 OHCHR Annual Report.
cooperating with information collection efforts connected to
the database. Despite these activities, some contend that the
The United States and OHCHR
United States should support the Office because it also
The United States advocated for the creation of OHCHR
addresses other human rights situations of U.S. concern.
and supported the resolution that established the Office. In
Impact of U.S. Withholdings. Opponents contend the
the decades since, U.S. policymakers have generally funded
OHCHR withholdings infringe on U.S. funding obligations
and supported OHCHR’s work. At the same time, some
under the U.N. Charter. Some have also expressed concern
have expressed concern regarding OHCHR’s activities,
that withholdings are not authorized in legislation. More
including its connection to the Human Rights Council. The
broadly, some maintain it sends a message to other
United States provides assessed and voluntary funding to
countries that the United States does not prioritize human
OHCHR through annual State, Foreign Operations and
rights. Others suggest the withholdings allow the United
Related Programs (SFOPS) appropriations bills. Assessed
States to leverage its position as the largest U.N. contributor
funding is provided through the U.N. regular budget, of
to push for human rights-related policies that are in the U.S.
which the U.S. assessment is 22%. The United States
interest. The overall impact of the withholdings remains
contributes to the regular budget through the Contributions
unclear. Because OHCHR is funded in part through the
to International Organizations account. In FY2018,
U.N. regular budget, any shortfalls would most likely be
FY2019, and FY2020, the Administration withheld a
covered, at least temporarily, by surplus regular budget or
proportionate amount of OHCHR funding from the U.N.
emergency funding. As a result, the withholding may not
regular budget ($18.9 million, $20.3 million, and $20.1
have a significant impact on OHCHR activities.
million, respectively). Withholding funds in this manner is
a policy decision by the Administration and is not
Possible Decline in U.S. Influence. Some policymakers
authorized by Congress.
have become concerned that a dearth of U.S. leadership
might weaken U.N. human rights entities such as OHCHR
Figure 2. U.S. OHCHR Voluntary Funding
by ceding influence to other countries. For example, some
have argued that in the Human Rights Council, China has
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
Source: SFOPS appropriations bil s and explanatory statements.
Human Rights. Others also suggest that the United States
OHCHR voluntary contributions are generally provided
focus on bilateral efforts to address human rights.
through the International Organizations and Programs
Luisa Blanchfield, Specialist in International Relations
(IO&P) account (Figure 2). FY2020 voluntary funding was
Michael A. Weber, Analyst in Foreign Affairs
increased to $14.5 million; of this amount, $1 million each
was for Colombia, Honduras, and Guatemala. The House-
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United Nations Issues: U.N. Office of the High Commissioner for Human Rights

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