The Universal Periodic Review

What is the UPR?

Mechanism of the UN Human Rights Council to consider the human rights situation in all 192 UN Member States

Carried out by the UPR Working Group of the Council in 3 annual sessions

Aims to improve the situation of human rights at the national level, by enhancing the fulfilment of the State’s human rights obligations and commitments and by sharing good practice among States

Treats all UN Member States in equal manner to avoid perceptions of selectivity and bias

Intended to supplement, not duplicate the work of the UN treaty bodies Based on three documents: The National Report, UN Compilation and

Stakeholder Summary [www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx]

The four year UPR cycle: 48 States per year

Key stages of the UPR process: Consultation within government and with civil society on issues to be

addressed in the review Preparation of information for the review: National Report, UN

Compilation, Stakeholder Summary [NGO submissions ] Intergovernmental dialogue in the UPR Working Group State under review indicates its position on the recommendations made

to it in the Working Group UPR Working Group adopts the outcome report Subsequent adoption by the Human Rights Council of the UPR outcome Follow up at the national level

Comparison to other [expert] mechanisms

Applies to all States regardless of ratification status

Covers all human rights – civil, cultural, economic, political and social rights

Review of States by States, not experts

Much shorter than expert reviews

Added value and mutual reinforcement between UPR and expert mechanisms Treaty body and Special Procedure recommendations inform the review in the UPR

Working Group and UPR can boost implementation of these recommendations and prompt ratification and cooperation with Treaty bodies and Special Procedures

Bilateral follow up by other States The State under review can decide which recommendations to support The UPR can prompt a national process to strengthen human rights protection at the

national level

Prior to the UPR Working Group session

UPR is an opportunity to drive a national process of self-reflection on the situation of human rights in the country under review

States are encouraged to hold national consultations – within government and with civil society [Ireland: starting now]

States prepare their National Report - opportunity to make commitments to strengthen the human rights framework [Ireland: 4 July 2011]

Civil society may submit information for the Stakeholder Summary [Ireland: 21 March 2011]

The review in the UPR Working Group [Ireland: October 2011]

This takes the form of a three hour dialogue between States: 1 hour for the State under review to present its National Report and respond to questions and

comments from other States 2 hours for other States to make short interventions with recommendations

Troika Rapporteurs facilitate the review After the dialogue the State under review, the Troika and the UPR secretariat

prepare the report on the outcome of the review, listing all the recommendations made by other States.

The State under review indicates its position on each recommendation: support, rejection, further consideration

48 hours later the report is presented to the UPR Working Group for adoption The sessions of the UPR Working Group are webcast *** Recommendations are key to the UPR: must be concrete, measurable,

addressing the main human rights challenges and strengthening the human rights framework

Adoption by the Human Rights Council of the UPR outcome [Ireland: March 2012]

The report of the review is forwarded to the Human Rights Council for formal adoption at a subsequent regular session

There is a dedicated agenda item on the UPR: 16 UPR outcomes are adopted at each regular session of the Council: The State under review can respond to recommendations under

consideration and update on efforts to start implementation. Other States may comment on aspects of the review, e.g. the

recommendations they made. NGOs may make “general comments” on the outcome of the review.

The Council then adopts the outcome of the UPR

Implementation at the national level of the UPR recommendations [Ireland: starting March 2012]

The real work begins – for example:

Development of a national implementation plan

Establishment of a mechanism to monitor implementation, including civil society

Regular updates – to government, civil society partners, Human Rights Council

The government may table the UPR outcome report in Parliament to discuss implementation

Other States may follow up on recommendations in bilateral contacts

The UPR can prompt or support a national human rights process!

No official role for the Human Rights Council for next 4 years – although good practice is emerging with States giving regular updates to the Council

Looking ahead: Strengthening the UPR in the context of the Review of the Human Rights Council

Increased focus on implementation – mid-term report, NAP, technical assistance?

Better use of information from UN expert bodies and civil society

Ongoing consultation throughout the review process

Inclusion of independent expertise in the review

Clustering of human rights issues in the review and report

Stronger role for National Human Rights Institutions