the upr within the context of the un human rights system
TRANSCRIPT
Linking the UPR to other Accountability Mechamisms-
The UPR within the context of the UN Human Rights System
HUMAN RIGHTS COUNCIL
Main UN intergovernmental body responsible for human rights, composed of 47 UN Member States.
Established by General Assembly resolution 60/251 (2006) as a subsidiary organ of the General Assembly.
Assumed most mandates, mechanisms, functions and responsibilities previously entrusted to the former Commission on Human Rights.
International forum for dialogue. Makes recommendations to the General Assembly on further development of international human rights law.
UNIVERSAL PERIODIC REVIEW Created through General Assembly Resolution 60/251 and Human Rights Council
resolution 5/1.
Cooperative mechanism and a state-driven process which reviews the fulfillment of the human rights obligations and commitments of all 193 UN Member States once every four years.
Basis of the Review:
Charter of the United Nations. Universal Declaration of Human Rights. Human rights instruments ratified. Voluntary pledges and commitments made by States. Applicable international humanitarian law.
International Human Rights Treaties & Treaty Bodies
Work of Treaty Bodies:
Consideration of State reports to be submitted on a periodic basis, according to the provisions of the respective treaties
Interactive dialogue, resulting in the adoption of concluding observations and recommendations
Individual Complaints: Some Treaty Bodies may consider individual complaints against violations of treaty provisions, although States parties need to specifically accept such procedure.
1. International Convention on the Elimination of All Forms of Racial Discrimination.
2. International Covenant on Civil and Political Rights.3. International Covenant on Economic, Social and Cultural Rights.4. Convention on the Elimination of All Forms of Discrimination against
Women.5. Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. 6. Convention on the Rights of the Child.7. International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.8. Convention on the Rights of Persons with Disabilities. 9. International Convention for the Protection of All Persons from
Enforced Disappearance.
International Human Rights Instruments
SPECIAL PROCEDURES of the Human Rights Council
- Composed of independent experts (Special Rapporteurs)
- Appointed to monitor and publicly report on specific human rights
issues throughout the world (thematic mandates), or on the rights
situation in specific countries (country mandates)
- Conduct country missions, at the invitation of the country
concerned; receive and consider individual complaints from victims
of human rights violations; appeal to Governments on their behalf
Linkages and Synergiesbetween UPR and other mechanisms
General Assembly resolution 60/251, which mandated the establishment of the UPR, provided that it shall «complement and not duplicatee the work of treaty bodies»
Findings and recommendations of Treaty Bodies and Special Procedures form part of the information on the basis of which UPR is conducted
UPR recommendations frequently encourage treaty ratification and cooperation with Treaty Bodies and Special Procedures; reiterate findings of these mechanisms, and urge that concerns be addressed
Complement, not duplicate !
Developing a common vision for the follow-up ofrecommendations of human rights mechanisms:
• Integrated and holistic approach to implementing recommendations from different mechanisms will maximize benefit drawn from the work of the different mechanisms, including the UPR, the Treaty Bodies and the Special Procedures, with a view to enhancing social accountability in a changing region
• Follow-up at the national level by the State; civil society and national human rights institutions, supported by OHCHR and UN country teams and agencies