WUNRN
http://www.wunrn.com
 
United Nations Universal Periodic Review - UPR
 
"The UPR will be a means of Human Rights accountability of all UN Members, thus being Universal."
 
From A Handbook on Issues of Transition from the Commission on Human Rights to the Human Rights Council:
 
"The (UN) General Assembly created the new UPR mechanism under which all (UN) countries will be subject to a review.
 
UN General Assembly Resolution 60/251 provides that the UN Human Rights Council shall "undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States...."
 
http://www.wilpf.int.ch/humanrights/2006/UPR/UPR_web1.html
Please click website Link to access subsite references.
Women's International League for Peace and Freedom

 

The Universal Periodic Review-United Nations Human Rights Council

Summary
Legal Text

Contentious Issues
State statements and presentations during the Human Rights Council: 2nd Session
NGO statements and presentations during the Human Rights Council: 2nd Session

Summary

The Universal Periodic Review was established with the Human Rights Council in General Assembly Resolution 60/251 on 3 April 2006.  The general goal of the UPR is to improve on the Committee on Human Rights proceedings.  The UPR will be a means of Human Rights accountability of all UN Members, thus being Universal.  This function will aid in promoting fairness of treatment towards all Member States by applying the same criteria towards all States during their reviews.  Additionally, this mandatory individual attention provided each State will assist the States in improving their Human Rights situation by providing constructive recommendations and providing legal advice for the alignment of domestic law to International Human Rights standards. 

The Universal Periodic Review process is still being deliberated amongst the States, however it is envisioned to have these three general elements: 1) Preparation, 2) Dialogue, and 3) Follow-up/Outcome.  The following tables provide statements by States and NGOs regarding their views on how the UPR process should be designed, including the goals and level of participation of civil society envisioned.

Top of Page

Legal Text

The Universal Periodic Review was established under Operational Paragraph 5(e) of the Human Rights Council Resolution (GA 60/251).

Operational Paragraph 5 (e):

[Decides that the Council shall, inter alia] Undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States; the review shall be a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs; such a mechanism shall complement and not duplicate the work of treaty bodies; the Council shall develop the modalities and necessary time allocation for the universal periodic review mechanism within one year after the holding of its first session;

Each UN Member State must be reviewed during each Period, and each Human Rights Council Member must be reviewed during their term of Human Rights Council membership.

Operational Paragraph 9:

Decides also that members elected to the Council shall uphold the highest standards in the promotion and protection of human rights, shall fully cooperate with the Council and be reviewed under the universal periodic review mechanism during their term of membership;

Top of Page

Contentious Issues

Preparation:

  • What is “objective and reliable information” and who decides?
  • Is the information provided based solely on the State’s contribution (i.e. questionnaire responses) or does it extend to Non-governmental Organizations and National Human Rights Institutions?

Dialogue:

  • How often does the Dialogue take place?  Should LDCs be reviewed less often than Developed Countries? (Periodicity)
  • Will the sessions be private or open to the public? (Transparency)
  • Who will consist of the Review? (Human Rights Council members, designated experts)
  • What will the role of Non-governmental Organizations and National Human Rights Institutions be?

Follow-up/Outcome:

  • Will there be a Focal Point within the State or Region reviewed to ensure follow-up?
  • Will the State make commitments at the end of the dialogue? Will they be binding or non-binding?

    Top of Page

    Human Rights Council: Session II
    Progress report of the Working Group on the UPR general debate [2 October 2006]

    Select State Statements and Presentations

    State

    Quotations on Position

    ALGERIA (on behalf of the African Group)

    Elected For: 1 year
    Foreign Secretary: Mohamed Bedjaoui
    Head of the Mission in Geneva: Idriss Jazaïry
    Main Commitment Made by the Member: examining the application of human rights in the country
    Main Grievances Made by NGOs: homicides, acts of torture, impunity, missing persons, freedom of speech

    • “The review process starts with the presentation of a national self-assessment report prepared by the State concerned”
    • “To ensure transparency, the plenary must be made public and open to all.  Discussions, however, are limited to members of the Council only”
    • -3 to 5 years

    BANGLADESH

    Elected For: 3 years
    Foreign Secretary: Morshed Khan
    Head of the Mission in Geneva: Toufiq Ali
    Main Commitment Made by the Member: reinforcing anti-corruption and anti-terrorist policies
    Main Grievances Made by NGOs: acts of violence against minorities, death penalty, aggravation of violence

    • “It would be useful for the Council to formulate a standard questionnaire, as a basis on which countries would prepare their Reports.  Based on the Report, questions could be posed to the country during the Review in the Council”
    • “need a different periodicity for the developed, the developing and the least developed countries.  Many developing countries will have difficulty coping with the management needs and will require more time than a developed country”

    BRAZIL

    Elected For: 2 years
    Foreign Secretary: Celso Amorim
    Head of the Mission in Geneva: Clodoaldo Hugueney
    Main Commitment Made by the Member: envisaging the abolition of death penalty
    Main Grievances Made by NGOs: law and order, police homicides, acts of torture and bad treatment, living conditions in prison, impunity

    • “States and civil society could also send questions to be included in the questionnaire”
    • “Brazil supports a hybrid system, composed both by States – Members and Observers – and experts.  NGOs and representatives of civil society could also participate, providing information for the preparatory process and taking part into the interactive dialogue”
    • “[Expert] nomination would consider professional skills and personal qualities, as well as regional representation and gender balance”
    • “representatives of national civil society could address the UPR mechanism to ask for the compliance of national obligations”
    • -3 to 4 years

    CANADA

    Elected For: 3 years
    Foreign Secretary: Peter Gordon Mackay
    Head of the Mission in Geneva: Don Stephenson
    Main Commitment Made by the Member: searching for new methods in order to improve the Council's efficiency
    Main Grievances Made by NGOs: acts of violence against native women, police brutality, protection of refugees

    WILPF have a section in Canada

    • “The OHCHR compiles a country dossier from existing information available from UN documents, including the periodic reports of States Parties to the UN human rights treaty bodies, the Concluding Observations of the treaty bodies, and reports from the special procedures and the OHCHR, and make this publicly available as well as to the state concerned.  International and national human rights non-governmental organizations as well as national human rights institutions should also have the opportunity to provide input into the process”
    • -3 years

    FINLAND (on behalf of the EUROPEAN UNION)

    Elected For: 1 year
    Foreign Secretary: Erkki Tuomioja
    Head of the Mission in Geneva: Vesa Himanen
    Main Commitment Made by the Member: insisting on the importance of the NGOs' taking part in the work of the Council
    Main Grievances Made by NGOs: conscientious objectors, acts of violence against women, inequity in granting of residence permits

    WILPF have a section in Finland

    • “..should be based on existing information and recommendations, in particular, the findings of Treaty Bodies and Special Procedures.”
    • “The review process should be conducted under the authority of the Council while making best use of expert input and involvement and ensuring NGO and National Human Rights Institutions’ participation.”
    • “..in favour of establishing a separate inter-sessional working group or sub-committee responsible for undertaking the review..”

    IRAN (Islamic Republic of)

    Observer State

    • “the review should be conducted on the basis of response of the country concerned to a standardized set of questions”
    • “To ensure transparency, the interactive dialogue with the country under review should be conducted within the Council in a plenary session to be made public and open to all”

    REPUBLIC OF KOREA

    Elected For: 2 years
    Foreign Secretary: Ban Ki-moon
    Head of the Mission in Geneva: Hyuck Choi
    Main Commitment Made by the Member: offering technical help to the countries that wish to acquire democratic institutions
    Main Grievances Made by NGOs: asylum seekers and refugees, immigrant workers, death penalty

    • “The participation of NGOs in the follow-up process should be encouraged in various ways, including the submission of information on implementation by states”

    MALAYSIA

    Elected For: 3 years
    Foreign Secretary: Abdel Ilah Khatib
    Head of the Mission in Geneva: musa Burayzat
    Main Commitment Made by the Member: inviting special rapporteurs and independent experts for their mandates
    Main Grievances Made by NGOs: human rights in the war against terrorism, acts of torture, acts of violence and discrimination against women, death penalty

    • “The review should be peer process, conducted by member states of the Council, based on objective criteria on a format agreed to by the Council and applicable to all undergoing the review”
    • -5 years

    MALDIVES

    Observer State

    • “The Maldives’ preferred solution to this challenge [as a Least Developed Country] is to ensure that the UPR does not create significant new reporting requirements, but rather complements the information provided by existing mechanisms such as treaty bodies and Special Procedures”
    • “the Universal Periodic Review should be conducted on the basis of the reviewed country’s response to a questionnaire”
    • “The sessions should be open to the public”
    • “supports the Sri Lankan proposal to establish a fund to assist capital-based experts from Least Developed Countries to travel and stay in Geneva for the interactive dialogue”
    • “The Maldives holds that the UPR, in line with Resolution 60/251, must be based on the principle of equality of treatment.  The Maldives therefore looks forwarded to being reviewed with the same regularity as all other States”

    PAKISTAN (on behalf of the Organization of the Islamic Conference)

    Elected For: 2 years
    Foreign Secretary: Khurshid Kasuri
    Head of the Mission in Geneva: Masood Khan
    Main Commitment Made by the Member: sustaining efforts for the ratification of human rights treaties on the international scale
    Main Grievances Made by NGOs: arbitrary arrests and missing persons, no minority protection, death penalty

    • “The presentation should be prepared and presented by the states themselves [including the] role and independence of the media and civil society.”
    • “The Council each year shall approve a standard Questionnaire”
    • “The [UPR] will involve all Council members.  If it is considered by a Committee, it should be a Committee of the Whole.  Observer states and NGOs with the ECOSOC consultative status will observe the proceedings.”
    • “The relationship with the NGOs has to be handled carefully.  Council members and NGOs should cooperate and respect each others space.”
    • -All UN States within a 5 year cycle OR
    • -Developed States every 3 years to Lesser Developed Countries every 7 years

    PHILIPPINES

    Elected For: 1 year
    Foreign Secretary: Alberto Romulo
    Head of the Mission in Geneva: Enrique A. Manalo
    Main Commitment Made by the Member: meeting the new challenges related to globalization and to the fight against terrorism
    Main Grievances Made by NGOs: communist revolt and the peace process, homicides of left wing activists, the judiciary, death penalty

    WILPF have a section in Philippines

    • “The preparatory phase could involve the drafting of a questionnaire and transmittal of said questionnaire to the country under review well in advance of the interactive dialogue, to give countries sufficient time to prepare their replies”
    • “The interactive dialogue should be a [?] review and be held in a private session…by experts to be designated by HRC member states”
    • -5 to 6 years

    UNITED STATES OF AMERICA

    Observer State

    • “The process would begin with the circulation by the Peer Review Working Group of a short factual questionnaire for each country”
    • “Based on the questionnaire and information received from other sources [?] ..including NGOs”
    • “Peer review would be conducted by a working group made of members of the Council”
    • “All UN members would be reviewed on an equal basis and with the same frequency.  It is patronizing to treat developing countries as second-class States to be reviewed less frequently.  Those nations deserve as much advice and help as developed nations”
    • -5 years

    Member Profile Source: "Le Temps" Monday, 19 June 2006

    Translated by: Women's International League for Peace and Freedom

    Top of Page

     

    Human Rights Council: Session II
    Progress report of the Working Group on the UPR general debate [2 October 2006]

    Select NGO Statements and Presentations

    Amnesty Int’l, Human Rights Watch, Int’l Federation of Human Rights Leagues, World Organization Against Torture, Int’l commission of Jurists & Int’l Service for Human Rights

    JOINT STATEMENT

    • “A substantive role for NGOs, including the possibility to submit information for consideration, and to participate in the interactive dialogue with the state under review”
    • “National and international NGOs with substantial knowledge of the situation in the reviewed state, regardless of ECOSOC accreditation, must have the opportunity to contribute to the review”
    • “Independent expert review and synthesis of the available country-specific information to distill this material into a list of key issues for review and questions to be addressed by the government in review”
    • “the outcome could propose a range of measures, including recommendations to provide capacity-building and technical assistance, calls for visits by special procedures; establishment of an OHCHR fact-finding mission or field office; or appointment of a country-specific Rapporteur”

    Japan Federation of Bar Associations

    • “need for having the pre-sessional working body on a regional basis”
    • “the pre-sessional working body will have a meeting for informal and publicly open discussion in a country in the region participated by the Member States in the region as well as NGOs, civil society organizations and professionals with active interest in the human rights matters in the region”

    Lutheran World Federation, Int’l Council of Jewish Women, Asian Forum for Human Rights and Development, Int'l Movement Against all forms of Discrimination and Racism, World Union of Catholic Women’s Organization, Int’l Alliance of Women & World Federation of Methodist and Uniting Church Women

    JOINT STATEMENT

    • “propose an independent expert role in information analysis and preparation for UPR, which should result in the identification and articulation of a very limited number of key issues and recommendations for discussion during the plenary review”
    • “propose an independent expert role in follow-up to each review, in order not only to ensure legitimate and effective outcomes from the UPR process, but also to encourage their effective implementation”

    Pax Romana, Asian forum for Human Rights and Development, International Alliance of Women & International Federation of University Women

    JOINT STATEMENT

    • “a number of states have clearly mentioned the need for an expert body, given the broad term of reference as well as looking at ‘objective and reliable information’ as well as balancing the level of development and capacity needs of the country under consideration”
    • “emphasize the need for a national focal point in relation to the UPR”
    • “it is not merely a state-centric exercise involving only the executive arm of the government, rather all arms of the government, and above all the full and transparent participation of the people of the country concerned including the NGOs (including NGOs without ECOSOC status), National Human Rights Institutions (NHRI’s), parliamentarians, civil society, the media and other non-state actors.  All these actors should be involved in each step of the consideration of UPR, starting from the information gathering up to the implementation of the follow up”

    United Nations Watch

    • “urges the Council to create a system that fairly subjects every UN member state to careful scrutiny of its human rights record; that is based on a wide range of objective and reliable information from a variety of sources; that allows NGO participation; and that leads to concrete conclusions and recommendations that can be effectively followed up on”
    • “hope that the idea that developing countries should be reviewed less frequently than developed ones will not be adopted”

    The above information presented by Tonja Hardyman

    Top of Page

     




    ================================================================
    To leave the list, send your request by email to: wunrn_listserve-request@lists.wunrn.com. Thank you.