1. The Universal Periodic Review (UPR)
THE UPR PROCESS: NATIONAL PREPARATION
Claude Cahn
Human Rights Adviser
Office of the United Nations Resident Coordinator Moldova 1

2. CONTENTS Chapter I: UPR Process International Human Rights Mechanisms
Human Rights Council
Basis of the Review
Objectives
Principles

3. Chapter II: National Preparation
CONTENTS
Chapter II: National Preparation
General
National Consultation
Report Writing

4. CONTENTS
Chapter III: Conduct of the Review
Review at the Human Rights Council
Follow up

5. Chapter I
UPR Process

6. International Human Rights Mechanisms
ICCPR
ICESCR
CAT
CERD
CMW
CRC
CRPD
CEDAW
UDHR
CPAPED
Other International Instruments
e.g. ILO Conventions
National
Frameworks
The key message that the visual tries to convey is that protection systems (international, regional and national) should be seen as a whole body of legal mechanisms that should be used for the purpose of respecting, protecting and fulfilling human rights
Tip for presenter: Show the slide step by step in order to clarify every element and its linka to the rest of the elements as they pop up.
Step 1: The Universal Declaration of Human Rights (UDHR 1948) is the foundation upon which the international human rights normative framework has been built.
Step 2: Seven Core International Human Rights Treaties
- International Covenant on Civil and Political Rights (ICCPR) 1966 and its two Optional Protocols on the Right of Individual Communications and on the Death Penalty
- International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966
- Convention on the Elimination of all forms of Racial Discrimination (CERD) 1966
- Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1979 and its Optional Protocol on the Right of Individual or Group Communications
- Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984
- Convention on the Rights of the Child (CRC) 1989 and its two Optional Protocols on Sale of Children, Child Prostitution and Child Pornography and on Involvement of Children in Armed Conflicts
Convention on the Protection of All Migrant Workers and Members of their Families (CMW) 1990
Convention on the Rights of Persons with Disabilities (CRPD)
Step 3: Other international instruments may contain additional human rights standards such as the international humanitarian law and the refugees law, as well as the ILO, UNESCO, FAO conventions and declarations and others. Many humanitarian law instruments are prior to the UN charter and the UDHR. However they share common values and principles of human dignity, freedoms and entitlements.
e.g. The ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) is the only international Convention dealing specifically with the human rights of these peoples on a comprehensive basis. The ILO applies a rights-based approach for its own work in this area, in addition of course to a legal instrument to protect the rights of workers
Step 4: Regional regimes. Some regions of the world have adopted their own regional human rights regimes. These systems do not replace but reinforce the international regime. The relation between these two systems is therefore not hierarchical but complementary.
Step 5: National Protection systems. States should make sure that their national constitutions and laws are consistent with the international and regional human rights regimes they are party to.
Regional
Instruments

7. International Human Rights Instruments
International Convention on the Elimination of All Forms of Racial Discrimination
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
Convention on the Elimination of All Forms of Discrimination against Women
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Convention on the Rights of the Child
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Convention on the Rights of Persons with Disabilities
International Convention for the Protection of All Persons from Enforced Disappearance 7

8. International Human Rights Mechanisms
Treaty-based
CESCR
HRC
CERD
CEDAW
CAT
CRC
CMW
Charter-based
Human Rights Council
Special Procedures
UPR
CRPD

9. 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.

10. 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

11. 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)

12. 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

14. 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.

15. 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.

16. 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

17. 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.

18. Chapter II
National Preparation

19. General The UPR is based on 3 types of documents:
National Report - Information prepared by the State concerned (20 pages, 12 point).
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).
Stakeholders summary - prepared by OHCHR of information provided by other stakeholders, including NGOs, NHRIs, regional organizations (10 pages).

20. National Consultation
National 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

21. National Consultation
Stakeholders 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

22. National 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

23. National Consultation
Stakeholders Summary Report is written in UN official languages only
Cover a maximum four-year time period
Should be sent to: Moldova Deadline 21 March 2011
For further details log on to:

24. Next Regular Human Rights Council Session
UPR Process timeline – 12th session, October 2011, Republic of Moldova
(3 Reports posted in OHCHR website, 10 weeks before session)
Publication of reports
12th UPR Working Group session
Adoption
of outcome
by HRC
Follow-up
-implementation
-monitoring
-documenting reporting
21 March 2011
July 4, 2011
Review October 12, 2011
Next Regular Human Rights Council Session
4 years
Advance Question (10 days before session)
Adoption of report by UPR Working Group (2 days later)
Deadline for Submissions of Stakeholders
Deadline for National Reports
(13 weeks before session)

25. National Consultation
External Consultation with Stakeholders, including:
Local authorities;
Trade Unions;
Community and religious leaders;
Human rights defenders;
Civil society organizations;
National institutions.

26. National 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)

27. National Consultation
Inter-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?

28. National Consultation
Inter-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

29. National 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?

30. National 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

31. Report 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.

32. Report Writing
Structure 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

33. Report Writing Structure of UPR reports
Domestic 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.

34. Report Writing Structure of UPR reports:
Promotion and protection of HR on the ground
Equality and non-discrimination
Civil and political rights & fundamental freedoms
Personal liberties and security
Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment
5. Administration of justice

35. Report Writing 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…

36. Report Writing 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

37. Chapter III
Conduct of the Review

38. Review 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?

39. Review 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)

40. Review at the Human Rights Council
Preparation of the Review:
Where can we consult the other basic documents?
Where can we follow other reviews?
Which commitments can be made?

41. Review 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

42. Review 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.

43. Review 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

44. Review 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.

45. Review at the Human Rights Council
Troika:
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

46. Review 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.

47. Review 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)

48. Review 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

49. Review 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

50. Review 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

51. Review 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

52. Review 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

53. Review 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.

54. Review 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)

55. Review 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

56. Follow 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)

57. Follow 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

58. Follow 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)

59. Follow 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

60. THANK YOU

61. Appendix: Summary of Voluntary Pledges and Commitments made by Rep
Appendix: Summary of Voluntary Pledges and Commitments made by Rep. Moldova at the time of its candidacy to the Human Rights Council

62. 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

63. 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 In this context, the preparation for the evaluation is under way, including through the implementation of the national human rights action plan for 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