Universal Periodic Review

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Transcript Universal Periodic Review

The Universal Periodic Review
What is the UPR?
 Mechanism of the UN Human Rights Council to consider the human
rights situation in all 192 UN Member States
 Carried out by the UPR Working Group of the Council in 3 annual
sessions
 Aims to improve the situation of human rights at the national level, by
enhancing the fulfilment of the State’s human rights obligations and
commitments and by sharing good practice among States
 Treats all UN Member States in equal manner to avoid perceptions of
selectivity and bias
 Intended to supplement, not duplicate the work of the UN treaty bodies
 Based on three documents: The National Report, UN Compilation and
Stakeholder Summary [www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx]
The four year UPR cycle: 48 States per year
 Key stages of the UPR process:
 Consultation within government and with civil society on issues to be
addressed in the review
 Preparation of information for the review: National Report, UN
Compilation, Stakeholder Summary [NGO submissions ]
 Intergovernmental dialogue in the UPR Working Group
 State under review indicates its position on the recommendations made
to it in the Working Group
 UPR Working Group adopts the outcome report
 Subsequent adoption by the Human Rights Council of the UPR outcome
 Follow up at the national level
Comparison to other [expert]
mechanisms
 Applies to all States regardless of ratification status
 Covers all human rights – civil, cultural, economic, political and social
rights
 Review of States by States, not experts
 Much shorter than expert reviews
 Added value and mutual reinforcement between UPR and expert
mechanisms
 Treaty body and Special Procedure recommendations inform the review in the UPR
Working Group and UPR can boost implementation of these recommendations and
prompt ratification and cooperation with Treaty bodies and Special Procedures
 Bilateral follow up by other States
 The State under review can decide which recommendations to support
 The UPR can prompt a national process to strengthen human rights protection at the
national level
Prior to the UPR Working Group session
 UPR is an opportunity to drive a national process of selfreflection on the situation of human rights in the country under
review
 States are encouraged to hold national consultations – within
government and with civil society [Ireland: starting now]
 States prepare their National Report - opportunity to make
commitments to strengthen the human rights framework
[Ireland: 4 July 2011]
 Civil society may submit information for the Stakeholder
Summary [Ireland: 21 March 2011]
The review in the UPR Working Group
[Ireland: October 2011]
 This takes the form of a three hour dialogue between States:
 1 hour for the State under review to present its National Report and respond to questions and
comments from other States
 2 hours for other States to make short interventions with recommendations
 Troika Rapporteurs facilitate the review
 After the dialogue the State under review, the Troika and the UPR secretariat
prepare the report on the outcome of the review, listing all the recommendations
made by other States.
 The State under review indicates its position on each recommendation: support,
rejection, further consideration
 48 hours later the report is presented to the UPR Working Group for adoption
 The sessions of the UPR Working Group are webcast
 *** Recommendations are key to the UPR: must be concrete, measurable,
addressing the main human rights challenges and strengthening the human rights
framework
Adoption by the Human Rights Council of the
UPR outcome [Ireland: March 2012]
 The report of the review is forwarded to the Human Rights
Council for formal adoption at a subsequent regular session
 There is a dedicated agenda item on the UPR: 16 UPR
outcomes are adopted at each regular session of the
Council:
 The State under review can respond to recommendations under
consideration and update on efforts to start implementation.
 Other States may comment on aspects of the review, e.g. the
recommendations they made.
 NGOs may make “general comments” on the outcome of the review.
 The Council then adopts the outcome of the UPR
Implementation at the national level of the UPR
recommendations [Ireland: starting March 2012]
 The real work begins – for example:
 Development of a national implementation plan
 Establishment of a mechanism to monitor implementation, including civil
society
 Regular updates – to government, civil society partners, Human Rights
Council
 The government may table the UPR outcome report in Parliament to discuss
implementation
 Other States may follow up on recommendations in bilateral contacts
 The UPR can prompt or support a national human rights process!
 No official role for the Human Rights Council for next 4 years – although
good practice is emerging with States giving regular updates to the Council
Looking ahead: Strengthening the UPR in the
context of the Review of the Human Rights
Council
 Increased focus on implementation – mid-term report, NAP,
technical assistance?
 Better use of information from UN expert bodies and civil
society
 Ongoing consultation throughout the review process
 Inclusion of independent expertise in the review
 Clustering of human rights issues in the review and report
 Stronger role for National Human Rights Institutions