UNIVERSAL PERIODIC REVIEW (UPR) “UNDP Human Rights and Justice Community of Practice meeting” 29 April 2008, Geneva

UNIVERSAL PERIODIC REVIEW (UPR) Outline UPR: objectives and modalities Possible involvement of the UN system OHCHR support to the UN system

UPR: objectives and modalities (1) UN HUMAN RIGHTS COUNCIL (GA Res. 60/251, 2006) Subsidiary body of the General Assembly Consists of 47 Member States Responsible for promoting universal respect for human rights (HRs) Addresses HRs violations and contributes, through dialogue, to the prevention of HRs abuses Undertakes a universal periodic review of the fulfilment by each State of its HRs obligations and commitments (modalities in HRC Res. 5/1, 2007) Serviced by OHCHR

UPR: objectives and modalities (2) The objectives of the Universal Periodic Review are (HRC Res. 5/1):  Improvement of the HRs situation on the ground.  Fulfillment of the State's HRs obligations and commitments and assessment of positive developments and challenges.  Enhancement of the State's capacity and of technical assistance, in consultation with, and with the consent of, the State.  Sharing of best practices among States and other stakeholders.  Support for cooperation in the promotion and protection of human rights.  Encouragement of cooperation with HRC, HRs bodies and OHCHR. UPR should “complement and not duplicate other human rights mechanisms, thus representing an added value”

UPR: objectives and modalities (3) “UNIVERSAL” Universal coverage of all Member States of the United Nations with regard to all human rights “PERIODIC” Every four years. 48 States per year, 3 annual sessions of the UPR Working Group of the Human Rights Council “REVIEW” Based, for each country, on three documents/reports

UPR: objectives and modalities (4) State report  to be prepared by the State concerned, either orally or in writing, through a broad national consultation process  structure: general guidelines available (HRC Decision 6/102)  not exceeding 20 pages. “Compilation of UN information” report  Prepared by OHCHR: information contained in the reports of treaty bodies, special procedures and other relevant official United Nations documents  Includes submissions from UN entities and other UN sources, such as agency flagship reports, CCA/UNDAF  not exceeding 10 pages. “Summary of Stakeholders’ input” report  Prepared by OHCHR: additional, credible and reliable information provided by other relevant stakeholders to the UPR  Stakeholders include NGOs, national HRs institutions, HRs defenders, academic/research institutes, regional organizations, civil society organizations  not exceeding 10 pages.

UPR: objectives and modalities (5)  Review carried out by a Working Group on the UPR, composed of the 47 members of the HRC and facilitated by three of them (acting as Rapporteurs/the “troika”), appointed by the HRC  3-hour session for each State:  Presentation by State under Review  Interactive dialogue (questions and answers) - only States  Recommendations  Conclusion by State under Review  Working Group report submitted to the HRC plenary (one hour for each State, UN entities can make interventions) for adoption of outcome document (recommendations to be implemented primarily by the State and, as appropriate, by other stakeholders)

Calendar

Calendar for Europe and CIS countries 3rd session (December 2008): Turkmenistan, Uzbekistan, Montenegro, Serbia. 4th session (April 2009): Russian Federation, Azerbaijan. 5th session (May 2009): Slovakia, Former Yugoslav Republic of Macedonia. 6th session (December 2009): Albania. 7th session (April 2010): Kazakhstan, Slovenia, Bosnia and Herzegovina. 8th session (May 2010): Kyrgyzstan, Armenia, Belarus, Turkey. 9th session (December 2010): Bulgaria, Croatia. 10th session (April 2011): Estonia, Georgia. 11th session (May 2011): Hungary, Latvia. 12th session (December 2011): Tajikistan, Lithuania, Moldova.

UPR: involvement of the UN system (1) Resident Coordinators, UNCTs and other UN entities can contribute to different stages of the UPR process (liaise with OHCHR field presences, where available): Stage 1: Dissemination of information on UPR Stage 2: Preparation of the “Compilation of UN information” report Stage 3: Review process Stage 4: Follow-up

UPR: involvement of the UN system (2) Stage 1 - Dissemination of information on UPR process - Assist preparation of State reports, including by sensitizing States on the importance of preparing them in a consultative and timely manner - Reach out to national stakeholders (national HRs institutions, NGOs and other civil society) to explain the UPR mechanism as well as the importance of their contributions to the preparation of the State report and of the “Summary of Stakeholders’ input” report. Examples: - The Resident Coordinator in Ecuador engaged the UNCT to assist the Government during its preparation of the State report by convening around 20 meetings with NGOs to raise awareness on the UPR process. - The UNDP Country Office in Bahrain engaged a consultant to assist the Government in the preparation of the State report.

UPR: involvement of the UN system (3) Stage 2 – Preparation of “Compilation of UN information” report - Contribute information, from each UN entity’s perspective/mandate, which has a bearing on the enjoyment of human rights in the States to be reviewed. So far, UN entities (including UN DPA, UNDP, UNFPA, UNICEF, UNHCR and UN- HABITAT) have provided more than 100 submissions to the “Compilation of UN information” reports, in response to letters sent by the High Commissioner to Heads of UN agencies. Submissions are posted on the OHCHR webpage, unless requested otherwise. UN entities can also forward their public documents. Suggested structure for submissions by UN entities to the UPR process I. Background and Framework II. Promotion and protection of human rights on the ground III. Achievements, best practices, challenges and constraints IV. Key national priorities, initiatives & commitments to overcome challenges and constraints and improve human rights situations on the ground V. Capacity-building and technical assistance

UPR: involvement of the UN system (4) Stage 3 - Review process - Share information with all stakeholders on the modalities of the review. - Facilitate attendance of all relevant actors (States, national HRs institutions, NGOs and others, including UN system’s representatives), including by: -supporting stakeholders to seek funding from bilateral/multilateral donors -relaying information on National HRs institutions and NGOs attendance and accreditation to the UPR sessions. - Facilitate local access to the review sessions, webcasted by the UN, by convening a targeted or public screening. Example: - The RC in Ecuador attended the 1st session of the WG on the UPR, when Ecuador was reviewed. The RC was available to provide information on the activities of the UN and the Government in Ecuador, including the elaboration of the national development plan and the UNDAF.

UPR: involvement of the UN system (5) Stage 4 - Follow-up -Ensure the translation and broad dissemination of recommendations adopted by the Human Rights Council. -Encourage the State to follow-up on the recommendations, including by providing assistance in specific areas, as relevant. -Encourage/facilitate the use of the recommendations by all relevant actors at the national level. -Integrate the recommendations in the UN planning and programming instruments, including future CCAs/UNDAFs.

UPR: OHCHR support to the UN system Provide information on procedural issues regarding the four stages of the UPR process Provide briefings, information materials and training on the UPR process, including guidance to UNCTs interested in assisting States in preparing State reports, to the extent possible Voluntary Trust Funds  to facilitate the participation of developing countries, particularly the Least Developed Countries, in the UPR mechanism (established)  to assist in the follow up

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