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