By Brett Schaefer & Danielle Pletka
Wednesday, October 21, 2026
Few events as poignantly underscored the lamentable
record of the United Nations on human rights as the awarding of a Nobel Peace
Prize to the former U.N. High Commissioner for Human Rights, Navi Pillay. And
yet, Pillay, a dedicated antisemite whose Nobel was celebrated
by Hamas, is an apt avatar for the U.N. Human Rights Council, an organization
whose mission and work are regularly at odds.
No surprise, then, that a 2025 Trump executive order once again ended U.S. participation with
the HRC, criticizing it for protecting “human rights abusers by allowing them
to use the organization to shield themselves from scrutiny.” This echoes more
detailed criticism in 2018 when the U.S. similarly ceased its participation, citing anti-Israel bias, human rights violators regularly
winning seats on the council, and willful inattention to “the misery inflicted
by regimes in Venezuela, Cuba, Zimbabwe, and China.”
Strangely, however, the European governments and U.N. bureaucrats
that predictably condemned the American withdrawal have done precisely
nothing to address U.S. criticisms, nor adopted any reforms to entice the U.S.
to reconsider. Instead, they have chosen to tolerate and continue its
dysfunction, ignoring some of the world’s most pressing humanitarian crises to
focus disproportionately on one country: Israel.
The record of bias is plain. According to a database
compiled by U.N. Watch, since it was founded in 2006, the Council has adopted
346 resolutions containing language condemning a country for human rights
violations. Israel was the focus of 116 (34 percent) of those resolutions.
Alone among the world’s countries, Israel is subject to a separate human rights item: Agenda
Item 7, titled “Human rights situation in Palestine and other occupied Arab
territories.” Every other country is examined under Agenda Item 4, titled
“Human rights situations that require the Council’s attention.”
In addition, the council currently has twelve “country
mandates” that focus on human rights situations in individual countries,
such as North Korea and Iran. All are subject to periodic renewal except for
the “Special Rapporteur on the situation of human rights in the Palestinian
territories occupied since 1967” that remains in place “until the end of the
Israeli occupation.”
Instead of taking U.S. criticism to heart, since the U.S.
disengaged, the council has adopted eight new resolutions condemning Israel,
and its human rights experts and an “independent” Commission
of Inquiry have accused it of genocide despite lacking evidence of intent and in the face of contravening evidence.
Meanwhile, countries with human rights records beside
which Israel pales continue to be elected to the council. The current
membership includes China, Cuba, Egypt, Qatar, Vietnam, and other countries
considered “not free” by Freedom House. Just this past week, Burundi and Kuwait,
which are also considered “not free,” were elected
to three-year terms starting in January.
How do they get elected? They game the system, making
sure that only as many countries run for election as there are openings,
thereby guaranteeing victory. Last year and this year, every election for a
council seat was one of these “clean slate” elections. As Human Rights Watch
accurately noted, “This uncompetitive vote makes a mockery of the word
‘election.’”
Historically, “not free” and “partly free” countries have
jointly comprised a majority on the 47-member Human Rights Council. They have
worked together to water down or block criticism of their abuses. This
coordination explains why China, Cuba, Pakistan, Saudi Arabia, Vietnam,
Zimbabwe, and others have never
been condemned in a Human Rights Council resolution.
These problems are not new. The U.S. has consistently
voiced concerns about these problems under both Democratic and Republican
presidents.
As we argued several years ago, there is no way to make the
council perfect. No reform can overcome or eliminate the hostility of many U.N.
member states to Israel. If the council reflects the U.N. membership,
disproportionate — and biased — attention will be focused on Israel.
But steps can be taken to address the most obvious flaws.
First, the U.N. General Assembly should ensure that
Israel is treated like other nations institutionally and procedurally by
eliminating Agenda Item 7 so that Israel’s human rights practices are examined
under Agenda Item 4 as is the case for every other nation. It should also
require country mandates and commissions of inquiry focused on Israel to be
subject to periodic renewal, as is the case for other “special procedures” and investigations.
To address non-competitive “clean slate” elections, the
General Assembly should amend the process to automatically list as candidates
every state that is not currently serving on the council or is otherwise
prohibited from running (such as having served two consecutive terms) and hold
successive ballots eliminating the lowest half of vote recipients in each
region until all the open seats are filled. The General Assembly could go
further and increase the threshold for election to two-thirds (129 votes) of the
General Assembly, as originally proposed, instead of a simple majority (97
votes).
Together, these changes would ensure that council
elections are genuinely competitive and, by giving governments a wider pool of
options, increase the odds for free countries to win seats on the council,
which should make it more capable of fulfilling its claim as the premier human
rights body in the U.N. system.
The Trump administration has been criticized for
disengaging with the Human Rights Council. But Democratic and Republican
administrations have both condemned council practices, although Democrats have
been more willing to try and fix things from within. But U.S. reengagement
alone will not fix things, as fundamental changes require support from most
U.N. member states. So once again, the question presses: Do human rights really
matter to the “international community”? Or is no incentive great enough to abandon
the bias and omission that make the likes of Pillay proud?