the universal periodic review (upr) the upr process: national preparation claude cahn human rights...

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

Chapter I

UPR Process

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

International Human Rights Mechanisms

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.


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


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)


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.

Chapter II

National Preparation

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]


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


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


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

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Review October 12,

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External Consultation with Stakeholders, including:

Local authorities; Trade Unions; Community and religious leaders; Human rights defenders; Civil society organizations; National institutions.


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)


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?


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


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?


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.


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


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.


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


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…


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

Chapter III

Conduct of the Review

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?


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)


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?


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


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.


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


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


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.


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)


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


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


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


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


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


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.


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)


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

THANK YOU

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

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