SMART UPR Recommendations Auckland, 23rd October 2018 Why SMART recommendations? How to draft SMART recommendations?

Introduction Why SMART recommendations? Weak vs Strong recommendations The SMART formula Performance indicators

SMART recommendations

Why SMART recommendations? SMART recommendations key to monitor implementation (will be translated to performance indicators) 1 issue, 1 action per recommendation SMART recommendation SMART indicator SMART recommendations are encouraged by OHCHR

Why SMART recommendations? Preserve the legitimacy of the UPR (implementation) CSO responsibility Facilitates multi-actor cooperation Facilitates implementation (indicators, action and implementation plans) Facilitates monitoring Facilitates reporting (UPR, CEDAW, CESCR, SDGs, etc)

The SMART formula The SMART formula

How make a recommendation SMART ? Action-oriented verbs conduct, develop, eliminate, establish, extend, initiate, investigate, invite, publish, release Legal verbs abolish, accede, adopt, amend, comply with, criminalise/decriminalise, implement, enact, enforce, ratify

Specific, Measurable, Achievable, Relevant, Time-bound S – Specific The specific dimension is meant to address a well-defined action in relation to a specific right or violation.

Specific, Measurable, Achievable, Relevant, Time-bound M – Measurable A measurable recommendation is a recommendation that can be assessed. Was the recommendation implemented or not? Recommendations that look at the result to be achieved, rather than specific actions to reach this result are most often poorly measurable. Recommendations to avoid doesn’t say how to achieve the goal.

Specific, Measurable, Achievable, Relevant, Time-bound A – Achievable The achievable aspect is determined by the capacity of a state to comply with the recommendation. Such a limit should be defined only by material means, not by political will. In this regard, it is pragmatic to make precise recommendations that include step-by-step actions, while aiming for a bigger objective in the long run. Don’t: Build 1,000 schools in the next 2 years

Specific, Measurable, Achievable, Relevant, Time-bound R – Relevant Relevance refers to the link between the recommendation and the situation in the country. Lost recommendations: ratify… and the instrument is already ratified.

Specific, Measurable, Achievable, Relevant, Time-bound The time-bound is related to a time frame during which the recommendation is expected to be implemented. It is understood that all recommendations should be implemented by the next review but shorter deadlines can be imposed.

SMART examples “Ensure effective and adequate protection of women against domestic violence by introducing legal assistance and shelters before the next review” “Ensure freedom of expression by immediately repealing Article 54 of the criminal code”

Weak (minimal action) Strong (specific action)

Weak vs Strong recommendations Vague: “Continue its efforts to protect the rights of the child and reduce child poverty and violence“ (Australia to New Zealand, 2nd cycle. Supported) “Pursue efforts to combat all forms of discrimination, in particular those based on ethnic origin.” (Switzerland to New Zealand, 1st cycle. Supported) Action-oriented, specific: “Increase the level of its contribution of official development assistance (ODA) to attain 0.7 per cent of gross national income” (Bangladesh to New Zealand, 2nd cycle. Supported). “Develop a new human rights action plan under the auspices of the New Zealand Human Rights Commission” (Burkina Faso to New Zealand, 2nd cycle. Supported)

Performance indicators After the review SMART recommendations key to successful implementation! CSOs develop suggested implementation plans containing progress indicators for each recommendation CSOs develop action strategies to outline how they can support the Government’s implementation efforts.