Download - The Universal Periodic Review (UPR)
The Universal Periodic Review (UPR)
THE UPR PROCESS:NATIONAL PREPARATION
THE UPR PROCESS:NATIONAL PREPARATION
Claude CahnHuman Rights AdviserOffice of the United Nations Resident Coordinator [email protected], [email protected]
CONTENTS
Chapter I: UPR Process
International Human Rights Mechanisms Human Rights Council Basis of the Review Objectives Principles
CONTENTS
Chapter II: National Preparation
GeneralGeneral National ConsultationNational Consultation Report WritingReport Writing
CONTENTS
Chapter III: Conduct of the Review
Review at the Human Rights Review at the Human Rights CouncilCouncil
Follow upFollow up
UDHRUDHR
ICCPRICCPR ICESCRICESCR
CERD
CEDAWCEDAW
CATCAT
CRCCRC CMWCMW
Other International Other International InstrumentsInstruments
e.g. ILO Conventionse.g. ILO Conventions
RegionalInstruments
National Frameworks
CRPDCRPD
CPAPEDCPAPED
International Human Rights Mechanisms
1. International Convention on the Elimination of All Forms of Racial Discrimination
2. International Covenant on Civil and Political Rights3. International Covenant on Economic, Social and Cultural Rights4. Convention on the Elimination of All Forms of Discrimination
against Women5. Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment 6. Convention on the Rights of the Child7. International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families8. Convention on the Rights of Persons with Disabilities 9. International Convention for the Protection of All Persons from
Enforced Disappearance
International Human Rights Instruments
Human Rights Council
A subsidiary body of the General Assembly composed of 47 United Nations Member States. It replaced the UN Commission on Human Rights in 2006.
Human Rights Council
Mandate & Function: Promotes universal protection Addresses and prevents violations Develops international human rights law Reviews compliance of Member States Responds to emergencies International forum for dialogue
Human Rights Council
Mechanisms: Advisory Committee Complaints Procedure Special Procedures Forum on Minority Issues Social Forum Expert mechanism on the rights of indigenous
peoples Universal Periodic Review (UPR)
Human Rights Council
Universal Periodic Review: Essentially public bilateral consultation
carried out in an international forum All 192 UN member States are examined by
the UPR mechanism The periodicity of the review for the first
cycle is four years Consideration of 48 States per year
Basis of the Review
The Charter of the United Nations; The Universal Declaration of Human Rights; Human rights instruments to which a State is
party; Voluntary pledges and commitments made by
States, including those undertaken when presenting their candidatures for election to the Human Rights Council;
Applicable international humanitarian law.
Objectives
- The improvement of the human rights situation on the ground
- The fulfilment of the State’s human rights obligations- Assessment of positive developments and challenges
faced by the State- The enhancement of the State’s capacity - The sharing of best practice among States and other
stakeholders- The encouragement of full cooperation and engagement
with the Council, other human rights bodies and OHCHR.
Principles
Universal coverage Review of all human rights Complement and not duplicate other
international human rights mechanisms Cooperative mechanism based on objective
and reliable information Intergovernmental process
Principles
Conducted in an objective, transparent, non-selective, constructive, non‑confrontational and non‑politicised manner
Full integration of a gender perspective
Ensure the participation of all relevant stakeholders.
GeneralGeneral
The UPR is based on 3 types of documents:
1. National Report - Information prepared by the State concerned (20 pages, 12 point).
2. UN compilation - prepared by OHCHR, including relevant information from reports of treaty bodies, special procedures, observations and comments by the State concerned, UN public reports from the HC, SG, GA, HRC, UNCT, UN agencies and programmes (10 pages).
3. Stakeholders summary - prepared by OHCHR of information provided by other stakeholders, including NGOs, NHRIs, regional organizations (10 pages).
National ConsultationNational Consultation
National ReportNational Report
Prepared by the SUR after a broad national consultation process between Government and civil society
Structure: should follow general guidelines available (Annex HRC Decision 6/102)
Submitted by the SUR some 13 weeks before the review takes place
Cover a 4 year-time period
Pages and paragraphs should be numbered
National report should be sent to OHCHR through the diplomatic channel and to [email protected]
National ConsultationNational Consultation
Stakeholders Summary ReportStakeholders Summary Report
Prepared by OHCHR: based on credible and reliable information provided by other relevant stakeholders
Stakeholders include NGOs, human rights defenders, academic/research institutes and other civil society organizations, NHRI, regional intergovernmental organizations
National ConsultationNational Consultation
Stakeholders are strongly encouraged to provide written submissions that:
Are focused, highlight the main issues of concern and identify possible recommendations and/or best practices
Do not include second-hand information
Are specifically tailored for the UPR
Do not contain language manifestly abusive
National ConsultationNational Consultation
Stakeholders Summary ReportStakeholders Summary Report is written in UN official languages only
Cover a maximum four-year time period Should be sent to: [email protected].
Moldova Deadline 21 March 2011 For further details log on to:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
UPR Process timeline – 12th session, October 2011, Republic of Moldova
21 March 2011
July 4, 2011
Follow-up-implementation-monitoring-documenting reporting
Adoptionof outcome by HRCP
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Review October 12,
2011
National ConsultationNational Consultation
External Consultation with Stakeholders, including:
Local authorities; Trade Unions; Community and religious leaders; Human rights defenders; Civil society organizations; National institutions.
National ConsultationNational Consultation
Main new feature of the Human Rights Council
An opportunity for the State under Review (SuR) to report on the human rights situation in its country
Process (not a single event) Periodic (every four years) Peer review (intergovernmental) Participatory (interactive dialogue, stakeholders) Practical (improvement of human rights
situation on the ground)
National ConsultationNational Consultation
Inter-ministerial preparationInter-ministerial preparation
Does an inter-ministerial body on human rights reporting already exist?
What is the inter-ministerial division of the responsibilities?
What are the main themes?
National ConsultationNational Consultation
Inter-ministerial preparationInter-ministerial preparation
Good practices… Start preparations early Divide responsibilities Nominate focal points in Ministries Set up a inter-ministerial committee on the UPR Involve political level
National ConsultationNational Consultation
Consultation Process:
Questions….
With whom to consult?
Local authorities?
Trade Unions?
Community and religious leaders?
National human rights institutions?
Human rights defenders?
Civil society organizations?
When to consult?
During drafting process?
Prior to the drafting?
How to consult?
Public call for consultations?
Meeting in public or in private?
National ConsultationNational Consultation
Consultation Process:
Good practices…
Receive and record views from consultations
Interact with broad spectrum of stakeholders
Decide on inclusion of views in national report
Share draft national report
Report WritingReport Writing
Contents of National Report: HRC Decision 6/102: Describe the methodology and broad consultation
process followed Background: scope of obligations, legislative and
institutional framework, policies, NHRIs Promotion and protection of HRs on the ground Achievements, best practices, challenges and
constraints Capacity building and technical assistance.
Report WritingReport Writing
Structure of UPR reportsStructure of UPR reports
Domestic normative and institutional framework for the promotion and protection of human rights
1. Government and nature of the political regime
2. International human rights obligations
3. Incorporation of international treaties in domestic law
Report WritingReport Writing
Structure of UPR reportsStructure of UPR reportsDomestic normative and institutional framework for the promotion and protection of human rights
4. Constitution and major human rights legislation
5. National Human Rights Protection Systems, including courts, NHRIs, NGOs and other mechanisms
6. Government mechanisms following-up on the concluding observations of TB, recommendations of SPs and UPR.
Report WritingReport Writing
Structure of UPR reports:Structure of UPR reports:
Promotion and protection of HR on the ground
1. Equality and non-discrimination
2. Civil and political rights & fundamental freedoms
3. Personal liberties and security
4. Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment
5. Administration of justice
Report WritingReport Writing
Structure of UPR reports:Structure of UPR reports:
Promotion and protection of HR on the ground
6. ESC rights (health, housing, education, work, social security…)
7. Women’s rights and gender equality
8. Children’s rights
9. Promotion and protection of the rights of specific groups, including: migrants, disabled persons, minorities, indigenous peoples…
Report WritingReport Writing
Structure of UPR reports:Structure of UPR reports: Identification of achievements, best practices,
challenges and constraints, include:• Constitution and legal reform• Judicial, legal and official training, and
education in human rights• Public awareness and engagement• Human rights protection
Review at the Human Rights CouncilReview at the Human Rights Council
Anticipate
What questions are likely to be asked? Who needs to prepare responses? Where may we find this information? When will we receive the advance written questions
from the Troika?
Would it be useful to create a technical WG to anticipate issues of concern and prepare responses?
Review at the Human Rights CouncilReview at the Human Rights Council
Anticipate (for Moldova) Questions on Roma/ban on discrimination on ethnic grounds Questions on Violence against Women/Gender Equality Questions on equal rights/ban on discrimination for LGBTI
minorities Questions on torture Questions on trafficking Questions on religious freedom, in particular treatment of Muslims Questions on how civil society has been involved in the national-level
UPR process Questions on implementation of voluntary pledges and commitments
made at the time of Moldova’s candidacy for the Human Rights Council (see Appendix, at bottom)
Review at the Human Rights CouncilReview at the Human Rights Council
Preparation of the Review: Where can we consult the other basic documents?
http://www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx
Where can we follow other reviews?http://www.un.org/webcast/unhrc/index.asp
Which commitments can be made?
Review at the Human Rights CouncilReview at the Human Rights Council
Formation of Delegation Important political task Head of delegation – authority to speak (e.g.
helps to have the authority to indicate the position of the State on recommendations, during the adoption of the WG report)
Members of delegation – experts on different issues
Organise Mock Session? Remember your UPR session will be webcast
Review at the Human Rights CouncilReview at the Human Rights Council
The Working Group is chaired by the President of the Council and composed of the 47 member States of the Council.
Observer States may participate in the review, including in the interactive dialogue.
Other relevant stakeholders may attend the review in the Working Group but do not participate in the interactive dialogue.
Review at the Human Rights CouncilReview at the Human Rights Council
The State under Review is given up to 60 minutes, to be divided between: the introduction of its national report its responses to written questions submitted in advance, its replies to questions raised during the interactive
dialogue, and its concluding comments at the end of the review.
The remaining 120 minutes will be divided among Member & Observer States inscribed in the list of speakers, as follows: 3 minutes for inputs from members of the Council 2 minutes for inputs from Observer States
Review at the Human Rights CouncilReview at the Human Rights Council
Once the review is completed, the Working Group prepares a factual report of its proceedings.
The preparation of the report, which fully involves the State under review, is facilitated by the Troika, with the assistance of the Secretariat.
Review at the Human Rights CouncilReview at the Human Rights CouncilTroika:
Three members of the Council that serve as “Rapporteurs”
Drawing of lots for each Council-year Regional representation States may reject one troika member States selected for troika membership
may decline
Review at the Human Rights CouncilReview at the Human Rights Council
Before the review:Receives advance written questions, and transmits them, through the Secretariat, to the SuR.
During the review: No specific role. Can take the floor as representatives of their State.
After the review:Prepares the report of the Working Group, with the assistance of the Secretariat and the full involvement of the SuR.
Review at the Human Rights CouncilReview at the Human Rights Council
The Report: Factual summary of proceedings, not a verbatim Contains a list of recommendations, linked to the state
recommending
Time:
- report to be adopted 48 hours after review
Length:
- maximum of 9,630 words (approximately 18 pages)
Review at the Human Rights CouncilReview at the Human Rights Council
Interaction between Troika, Secretariat and SuR
Secretariat prepares a draft report and sends it to Troika and SuR
Secretariat integrates Troika’s comments in the draft and the SuR’s comments to its own statements, where appropriate and relevant
Secretariat finalizes the report together with the Troika
Review at the Human Rights CouncilReview at the Human Rights Council
Structure of the Report:
Introduction
I. Summary of the Proceedings
A. Presentation by the SuR
B. Interactive dialogue and responses by the SuR
II. Conclusions and/or recommendations
III. Voluntary pledges and Committments of the SuR
Review at the Human Rights CouncilReview at the Human Rights Council
Each recommendation needs to be addressed
Three main options: Accept recommendations Consider recommendations (provide response prior or during plenary of the Council) Not accept recommendations
Many states reserve the right to consult (with capital, civil society, etc.) prior to positions on recommendations (i.e. present positions on recommendations only at the Plenary weeks later), but states generally do this only with some recommendations. It is expected that the SuR will be able to present responses generally to recommendations, as well as to give answers on as many specific recommendations as possible.
Responses to recommendations should not conflict with international law
Review at the Human Rights CouncilReview at the Human Rights Council
Adoption of the Report:
Half an hour is allocated for the adoption of each report
The Troika presents the report to the Working Group
SuR has the opportunity to make final remarks
Report adopted ad referendum
Review at the Human Rights CouncilReview at the Human Rights Council
At the Plenary:
Hears further replies by SuR, including its position on recommendations made if not done yet
Discusses the outcome of the review Hears general comments made by stakeholders Adopts the outcome
Review at the Human Rights CouncilReview at the Human Rights Council
The Outcome:
1) Report of the Working Group
2) Oral statement and written submission (if any) of the SuR on recommendations and/or conclusions, voluntary commitments and replies to questions/issues not sufficiently addressed in the Working Group
3) Recommendations having the support of the SuR are identified as such; others are noted.
Review at the Human Rights CouncilReview at the Human Rights Council
Preparation of the SuR`s Response: Review and discussion of recommendations
emanating from the WG within the government
Continue dialogue with other stakeholders
Prepare position on recommendations
Written submission to be sent to Secretariat prior to plenary session
Word limit: 2,675 words (approximately 5 pages)
Review at the Human Rights CouncilReview at the Human Rights Council
Modalities of the Plenary: 20 minutes: SuR
- Position on recommendations, replies to questions, views on outcome and final remarks
20 minutes: member and observer States - views on the outcome
20 minutes: stakeholders - general comments
Follow upFollow up
UPR Commitments
In candidacy for Human Rights Council (HRC) membership
In national report During interactive dialogue in the Working
Group (WG) In the addendum to the WG report At the plenary (HRC)
Follow upFollow up Resolution 5/1: primary responsibility for
implementation of recommendations rests with the State under Review (SuR)
SuR is encouraged to implement recommendations of all international HRs mechanisms in a holistic manner (treaty bodies, special procedures, UPR)
Is important to involve other stakeholders in the country in the follow-up , inc CSOs
Follow upFollow up Examples of possible follow-up:
Transpose commitments into domestic law, policy and practice
Undertake deep review and reform processes in relevant sectors
Human rights training Translation and wide dissemination of UPR commitments
to public (also treaty bodies, special procedures) Ratify core human rights instruments Support/protect those working in human rights SuR can make a voluntary report on the implementation of
UPR recs to the Human Rights Council (UPR agenda item 6)
Follow upFollow up
The supporting role of the international community: Advocacy and wide dissemination of the recs of
international HRs mechanisms Help to translate recs into local languages Conduct workshops to identify priority recs Help operationalise recs in projects/programmes Training to build local capacity UPR Voluntary Fund on Implementation
Appendix: Summary of Voluntary Pledges and Commitments made by Rep. Moldova at the time of its candidacy to the Human Rights Council
At the international level• Fully support and engage in the deliberations of the Council, its subsidiary bodies and
mechanisms, including the special procedures• Favour the independence of the special procedures system• Cooperate constructively within the universal periodic review mechanism• Promote the Council’s effective, objective and prompt response to situations in which
gross and systematic violations of human rights are observed• Advance the promotion and protection of human rights in the General Assembly and
the Third Committee, and in this context, actively participate in the 2011 review of the work of the Council
• Continue its cooperation in human rights with United Nations agencies, including support for the activities of the Office of the United Nations Hig Commissioner for Human Rights
• Promote cooperation between the public sector and civil society by making use of the involvement of non-governmental organizations in the Council’s activities
• Work towards the implementation of the Millennium Development Goals, as well as the Vienna Programme of Action, the Beijing Platform for Action and action plans adopted at other major United Nations conferences
• Effectively promote and protect human rights through international and regional organizations, including the Organization for Security and Cooperation in Europe, the Council of Europe and the International Organization of la Francophonie
• Support the effective involvement of non-governmental human rights organizations in the promotion and protection of human rights at the national, regional and international levels
At the national level• Continue to extend an invitation to all regional and international human
rights bodies, structures and mechanisms to visit the country• Cooperate in a constructive manner with international human rights
bodies, in particular with the Office of the United Nations High Commissioner for Human Rights
• Comply with the basic guidelines set for the universal periodic review, such as review in 2011. In this context, the preparation for the evaluation is under way, including through the implementation of the national human rights action plan for 2010-2013. A midterm evaluation of the national strategy according to the progress indicators and recommendations made under the universal periodicreview process is envisaged for 2012
• Prevent human rights abuses through existing national mechanisms, including the national preventive mechanism
• Ensure the effective protection of the persons belonging to national minorities
• Protect against and prevent discrimination in all its forms, both in law and in practice
• Promote human rights education, including in the Transnistrian region of the Republic of Moldova
• Reinforce national efforts and uphold the highest standards in the promotion and protection of human rights