H.R. 5649 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5649 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. Short title This Act may be cited as the United Nations Human Rights Council Accountability Act. 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. 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.