After months of arduous negotiations, the UN General Assembly on Wednesday voted overwhelmingly on a resolution to set up a new Human Rights Council to replace the much-criticized Human Rights Commission.

The resolution was adopted by member states with 170 in favor, four against and three abstentions, among which the United States, Israel, Marshall Islands, and Palau voted against the resolution, and Iran, Belarus and Venezuela abstained.

Just before the vote, the assembly's Fifth Committee (Administrative and Budgetary) decided by consensus that if the assembly establishes the Human Rights Council, an additional appropriation of some US$4.3 millions would be required subject to the procedures governing the use and operation of the contingency fund.

The US representative explained that although the United States intended to vote against the resolution in the plenary meeting, it still intended to work with member states to make the council as effective as possible.

The adoption of the programmed budget implications statement facilitated the adoption of the draft resolution by the plenary, thereby finalizing the establishment of the Human Rights Council.

In opening remarks to the plenary meeting before the vote, General Assembly President Jan Eliasson, who led the intensive contentious negotiations on the issue during the past five months, called the session a "decisive moment" not only for human rights but for the standing of the United Nations as a whole.

"Members of the council would be elected by the majority of the members of the General Assembly, in other words by an absolute majority," he said. "Each candidate would be voted on individually and directly and would have to obtain at least ninety-six votes of support in a secret ballot."

"The General Assembly, by a two-thirds majority of members present and voting, could suspend the rights of membership of a council member who commits gross and systematic violations of human rights," he added.

By the terms of the resolution, the membership in the new council would be based on equitable geographic distribution, and the 47 seats shall be distributed among regional groups with 13 from Africa, 13 from Asia, 6 from Eastern Europe, 8 from Latin America and Caribbean, and 7 from Western Europe and other countries.

The members of the council will serve for a period of three years and shall not be eligible for immediate re-election after two consecutive terms.

The elections of the first members of the council would take place on May 9, 2006, and that the first meeting of the council shall be convened on June 19.

Welcoming the vote, which was greeted by prolonged applause, UN Secretary-General Kofi Annan, who first suggested the creation of the new council in a report to the General Assembly one year ago, said it gave the organization "a much needed chance to make a new beginning in its work for human rights around the world."

In a statement released by his spokesman, Annan acknowledged that this was "only the first step in a process of change."

"Now the real work begins," he declared in the statement. "The true test of the council's credibility will be the use that member states make of it."

He also stressed that while the resolution "gives us a solid foundation, on which all who are truly committed to the cause of human rights must now build," no country would be wholly satisfied with every paragraph, although such was "the nature of international negotiations."

Most countries hailed the establishment of the new UN human rights body, calling it a significant gain for human rights despite some obvious deficiencies.

Zhang Yishan, China's deputy permanent representative to the United Nations, pointed out that the draft resolution has failed to fully reflect the concerns of many developing countries, including China, over some issues.

He said the China will further express its concerns during further consultations after the council is established.

Speaking before the vote, Cuban ambassador Rodrigo Malmierca criticized the United States for its poor human rights record, but said despite reservations, Cuba would back the resolution.

"Will it be possible in the new council to approve a resolution demanding that the United States be held accountable for the tortures and other serious human rights violations," he asked.

Member states did not reach consensus on the resolution as highly expected. Venezuelan ambassador Fermin Toro said his country would abstain because of "serious doubts" about elements of the text.

The resolution also failed to get support from the United States, which wanted a smaller body whose members would be elected by a two-thirds majority, and insisted that the present text has "deficiencies" and needs to be improved through fresh negotiations.

In explaining his "no" vote, US Ambassador John Bolton said "we did not have sufficient confidence in this text to be able to say the Human Rights Council will be better than its predecessor."

But he promised that the United States will work cooperatively with other member states to make the council as strong and effective as it can be.

The Geneva-based Commission on Human Rights has postponed its annual session, originally slated for Monday, for one week so that the new human rights body could be established before the session opens.

Replacing the widely-criticized human rights commission with a strong council is one of the measures agreed on by world leaders at their summit in New York last September.

(Xinhua News Agency March 16, 2006)