For Your Information
Universal Periodic Review
UPR is a new mechanism, through which the Human Rights Council (HRC) will monitor the human rights situation in all member states of the United Nations (UN). It will regularly review the fulfilment of the human rights obligations of the states, starting with the members of the HRC itself. The main aims of UPR are to improve the human rights situation on the ground, assess developments and challenges in relation to a State's human rights obligations and to support cooperation in the protection and promotion of human rights. The involvement of the country under review and the participation of all relevant stakeholders (for example, NGOs and NHRIs) are vital. The process aims to ensure universal coverage and the equal treatment of all countries.
How was UPR established?
The UN General Assembly Resolution 60/251 created the HRC and mandated it to: "undertake a universal periodic review, based on objective and reliable information, of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States; the review shall be a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs; such a mechanism shall complement and not duplicate the work of treaty bodies."
The HRC responded to this by adopting Resolution 5/1 which contains detailed modalities relating to the basis, principles, objectives, process and outcome of UPR. Resolution 5/1 can be found on the following link: http://ap.ohchr. org/documents/E/HRC/resolutions/A_HRC_RES_5_1.doc
How will the process of UPR be carried out?
Each country will be reviewed every four years. Countries will be reviewed in sessions by the UPR Working group. Countries to be reviewed first were chosen by the drawing of lots from each Regional Group. Unless countries volunteer to go first, they will then be reviewed in alphabetical order during that session. The first session is scheduled to take place from 7-18 April 2008. All countries will be first reviewed between 2008 and 2011.
The review will be based on three documents: a twenty-page report submitted by the State concerned; and two ten-page documents prepared by the Office of the High Commissioner. The first is a brief compilation of UN materials on the country. The second is a summary of material provided by relevant stakeholders. These stakeholders may each submit five-page reports with information for the summary. The basis of the documents used for UPR is human rights obligations in the UN Charter, the Universal Declaration of Human Rights and other treaties to which the State is a party. The documents will be reviewed in sessions of the UPR Working Group, which is composed of the forty-seven member states of the HRC. A group of three rapporteurs (a troika) will facilitate the review process.
A three-hour review dialogue will take place, where questions will be put to the delegation of the country concerned. The troika may assume a leadership role in the dialogue.
The outcome of the review will take the form of a report containing a summary of the proceedings, conclusions and/or recommendations and the voluntary commitments of the state concerned. Before the adoption of the outcome by the plenary of the HRC, the State and other stakeholders will have the opportunity to express their views on it. The outcome of the review should be primarily implemented by the State concerned, and if appropriate, by other relevant stakeholders. The subsequent review should focus on the implementation of the outcome.
What will be achieved by UPR?
The human rights situation in each state will be assessed. Technical assistance and other support may be given to a state to allow it to comply more effectively with its human rights obligations. The periodicity of the review means that the progress of the implementation of the outcome of a review can be monitored. UPR allows for the opportunity for the HRC to work with all the member states of the UN, and the overall process aims to improve the human rights situation in each country.
Compiled by Law Desk.
Source: Internet.
