I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United Nations 

5 Human Rights Council Accountability Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Since its establishment in 2006, the United 

9 Nations Human Rights Council has failed to meanVerDate Sep 11 2014 19:32 Oct 06, 2014 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5649.IH H5649

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1 ingfully promote the protection of internationally 

2 recognized human rights. 

3 (2) The United Nations Human Rights Council 

4 suffers from fundamental and severe structural 

5 flaws since it draws its members from the United 

6 Nations General Assembly without any substantive 

7 membership criteria, with the perverse result that a 

8 number of the world’s worst human rights abusers 

9 are members of the council. 

10 (3) For example, more than half of the mem11 bers of the United Nations Human Rights Council 

12 are rated ‘‘Not Free’’ or only ‘‘Partly Free’’ by 

13 Freedom House in its 2014 Freedom in the World 

14 report. Only a minority of members were rated 

15 ‘‘Free’’. 

16 (4) Current membership on the United Nations 

17 Human Rights Council includes some of the world’s 

18 worst violators, including China, Congo, Cuba, 

19 Kazakhstan, Pakistan, Russia, Saudi Arabia, Ven20 ezuela, Vietnam, and others. 

21 (5) The United Nations Human Rights Coun22 cil’s agenda contains a permanent item for criticism 

23 of the democratic, Jewish State of Israel, but no 

24 permanent items criticizing any other state or non25 state actor. 


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1 (6) Since 2006, the United Nations Human 

2 Rights Council has a largely disproportionate num3 ber of resolutions focused on criticizing Israel. 

4 (7) Since 2006, the United Nations Human 

5 Rights Council has held 22 special sessions to ad6 dress dire and critical humanitarian crises through7 out the world, with 7 focused on criticizing Israel, 

8 more than any other two nations combined, despite 

9 the fact that the United Nations currently has de10 clared four of the world’s humanitarian crises 

11 (Syria, Iraq, South Sudan and the Central African 

12 Republic) a ‘‘Level 3’’, its highest designation. 

13 (8) On July 23, 2014, the United Nations 

14 Human Rights Council adopted a resolution to in15 vestigate purported violations of international hu16 manitarian and human rights laws in Gaza and the 

17 West Bank. The resolution contained over 1,700 

18 words criticizing Israel for supposed human rights 

19 violations in Gaza, yet does not mention Hamas, the 

20 designated foreign terrorist organization responsible 

21 for using Palestinian children, women, and men as 

22 human shields and launching thousands of rockets 

23 indiscriminately into Israeli civilian populations, 

24 even once. 


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1 (9) The July 23, 2014, resolution passed with 

2 29 votes in favor, 17 abstentions and the United 

3 States as the lone dissenting vote. 

4 (10) On August 11, 2014, the United Nations 

5 named Professor William Schabas to lead a panel of 

6 inquiry in accordance to the July 23, 2014, resolu7 tion. 

8 (11) Schabas has made public statements in the 

9 past that should have precluded him from heading 

10 the panel as an unbiased participant, and should 

11 recuse himself. Among his incendiary and biased re12 marks, Schabas has stated ‘‘Actually, my favourite 

13 would be Netanyahu within the dock of the Inter14 national Criminal Court,’’ in 2012, indicating a clear 

15 conflict of interests and lack of impartiality. 

16 (12) In 2006, the George W. Bush Administra17 tion voted against the resolution that created the 

18 United Nations Human Rights Council in the 

19 United Nations General Assembly over concerns 

20 about the Council’s reforms and its ability to advo21 cate for human rights and decided to not seek a seat 

22 on the Council. 

23 (13) In June 2008, citing its skepticism regard24 ing the function of the United Nations Human 

25 Rights Council in terms of fulfilling its mandate and 


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1 its imbalanced approach and Israel bashing agenda, 

2 the Bush Administration announced it would limit 

3 its engagement with the Council. 

4 (14) In 2008, the Bush Administration an5 nounced it would withhold United States funding to 

6 the United Nations regular budget equivalent to the 

7 United States share of the United Nations Human 

8 Rights Council budget. 

9 (15) In March 2009, reversing the previous Ad10 ministration’s policy, the Obama Administration an11 nounced that the United States would run for a seat 

12 on the United Nations Human Rights Council, and 

13 won a seat in May 2009. 

14 (16) United States membership in the United 

15 Nations Human Rights Council has not led to re16 form of its fundamental flaws nor diminished the 

17 Council’s virulently anti-Israel behavior. The Council 

18 has passed over two dozen resolutions criticizing 

19 Israel since the United States joined in 2009, and 

20 the world’s worst violators continue to get a pass. 

21 SEC. 3. LIMITATIONS RELATING TO UNITED NATIONS 

22 HUMAN RIGHTS COUNCIL MEMBERSHIP AND 

23 FUNDING. 

24 (a) IN GENERAL.—For each and every fiscal year 

25 that begins after the date of the enactment of this Act, 


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1 until the Secretary of State submits to Congress a certifi2 cation for such fiscal year that the requirements described 

3 in subsection (b) have been satisfied— 

4 (1) the Secretary of State shall withhold from 

5 a United States contribution for such fiscal year to 

6 the regular budget of the United Nations an amount 

7 that is equal to the percentage of such contribution 

8 that the Secretary determines would be allocated by 

9 the United Nations to support the United Nations 

10 Human Rights Council; 

11 (2) the Secretary of State shall not make a vol12 untary contribution to the United Nations Human 

13 Rights Council; and 

14 (3) the United States shall not run for a seat 

15 on the United Nations Human Rights Council. 

16 (b) CERTIFICATION.—The certification referred to in 

17 subsection (a) is a certification of the Secretary of State 

18 to Congress that— 

19 (1) the United Nations Human Rights Coun20 cil’s mandate from the United Nations General As21 sembly explicitly and effectively prohibits candidacy 

22 for membership on the Council of a United Nations 

23 Member State that— 

24 (A) is subject to sanctions by the United 

25 Nations Security Council; and 


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1 (B) is under a United Nations Security 

2 Council-mandated investigation for human 

3 rights abuses; 

4 (2) the United Nations Human Rights Council 

5 does not include a United Nations Member State 

6 that— 

7 (A) is subject to sanctions by the United 

8 Nations Security Council; 

9 (B) is under a United Nations Security 

10 Council-mandated investigation for human 

11 rights abuses; 

12 (C) the Secretary of State has determined, 

13 for purposes of section 6(j) of the Export Ad14 ministration Act of 1979 (as continued in effect 

15 pursuant to the International Emergency Eco16 nomic Powers Act), section 40 of the Arms Ex17 port Control Act, section 620A of the Foreign 

18 Assistance Act of 1961, or other provision of 

19 law, is a country the government of which has 

20 repeatedly provided support for acts of inter21 national terrorism; or 

22 (D) the President has designated as a 

23 Country of Particular Concern for Religious 

24 Freedom under section 402(b) of the Inter25 national Religious Freedom Act of 1998; and 


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1 (3) the United Nations Human Rights Coun2 cil’s agenda or program of work does not include a 

3 permanent item with regard to the State of Israel. 

4 (c) SPECIAL PROCEDURES.—For each and every fis5 cal year that begins after the date of the enactment of 

6 this Act, the Secretary of State shall withhold from a 

7 United States contribution for such fiscal year to the reg8 ular budget of the United Nations an amount that is equal 

9 to the percentage of such contribution that the Secretary 

10 determines would be allocated by the United Nations to 

11 support the United Nations ‘‘Special Rapporteur on the 

12 situation of human rights in Palestinian territories occu13 pied since 1967’’, and any other United Nations Human 

14 Rights Council ‘‘Special Procedures’’ used to display bias 

15 against the United States or the State of Israel or to pro16 vide support for any United Nations Member State that— 

17 (1) is subject to sanctions by the United Na18 tions Security Council; 

19 (2) is under a United Nations Security Council20 mandated investigation for human rights abuses; 

21 (3) the Secretary of State has determined, for 

22 purposes of section 6(j) of the Export Administra23 tion Act of 1979 (as continued in effect pursuant to 

24 the International Emergency Economic Powers Act), 

25 section 40 of the Arms Export Control Act, section 


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1 620A of the Foreign Assistance Act of 1961, or 

2 other provision of law, is a country the government 

3 of which has repeatedly provided support for acts of 

4 international terrorism; or 

5 (4) the President has designated as a Country 

6 of Particular Concern for Religious Freedom under 

7 section 402(b) of the International Religious Free8 dom Act of 1998. 

9 (d) REVERSION OF FUNDS.—Funds appropriated for 

10 use as a United States contribution to the United Nations 

11 but withheld from obligation and expenditure pursuant to 

12 this section shall immediately revert to the United States 

13 Treasury and shall not be considered arrears to be repaid 

14 to any United Nations entity. 

Æ 


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