UPR as a process of accountability Regional Governance Week

1. UPR as a process of accountability Regional Governance Week Social Accountability in a Changing Region Cairo , 26-29 November 2012 Christophe Peschoux, Chief UPR Team OHCHR, Geneva

2. WHAT IS THE UNIVERSAL PERIODIC REVIEW ?

3. The “spirit "of the UPR_______________________________ The UN GA resolution (60/251) which established the Council mandated it to: "undertake a universal periodic review, based on objective and reliable information, of the fulfillment 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”. 

4. Objectives of the UPR(paragraph 4, Resolution 5/1)_______________________________________________________________ Improvement of human rights situation on the ground Fulfilment of State’s human rights obligations and commitments Enhancement of State’s capacity through technical assistance Sharing of best practices among States and other stakeholders Support for cooperation to promote and protect human rights Full cooperation with the Council, UN HR bodies and OHCHR

5. UPR key principles (1)(Res. 5/1)_______________________________________________________________ Universality, non-discrimination, equality All human rights are concerned (CPR, ESCR, etc. ) All 193 UN members States are reviewed The same review procedure applies to all States Must take into account level of development and specificities of countries Must be non-selective, non-politicized, constructive

6. UPR Key principles (2)(res. 5/1)____________________________________________________ Participation,Dialogue, Cooperation Must fully involve the country under review Encourages the participation of other stakeholders (NHRI, civil society, regional organisations, etc.) Encourages cooperation at all levels to help states implement their human rights obligations

7. UPR key principles (3)____________________________________________________ The review is based on objective, reliable information, collected and processed in a transparent manner Same documentation for all countries: National Report UN compilation Stakeholders summary The “Working Group report” The “Addendum”

8. UPR key principles (4)____________________________________________________ Two additional key principles: The UPR process must integrate a gender perspective Complements, does not duplicate, other international human rights mechanisms

9. Legal basis of the Review___________________________________ The Charter of the United Nations; The Universal Declaration of Human Rights; Human rights treaties ratified by the State; Voluntary pledges and commitments made by States (domestically and internationally); Applicable international humanitarian law

10. UPR process (1)___________________________________ All 193 UN member States are examined by the HRC It is a periodic review: every 4 and a half years Three sessions of 2 weeks every year 14 states are reviewed at each session Each session lasts 3 and a half hours 42 States are reviewed every year

11. UPR process (2)____________________________________________________ The process is the same for all States: Step 1: Preparation of the documentation Step 2: The review itself by the Working Group Step 3: Decision on the recommendations received Step 4: Implementation of the recommendations Step 5: Report to the Human Rights Council

12. The first UPR cycle (2008-2012): Some observations _______________________________________ 100% participation by States submission by 98% of them of written reports Written submission of their position on the recommendations is becoming the norm Voluntary mid-term reports on the status of implementation of recommendations are becoming increasingly common level of representation high, 80% ministerial

13. The first UPR cycle (2008-2012): Some observations _______________________________________ Active participation of civil society at all stages The cooperative spirit of the UPR has opened new opportunities for dialogue and collaboration at all levels UPR has raised awareness about the importance attached to human rights (a common concern) Has strengthened the universality of human rights level of representation high, 80% ministerial

14. The second UPR cycle (2012-2016)_______________________________ Focus: implementation of accepted recommendations, pledges and commitments human rights developments since last Review Responsibility for implementation: primarily by the State concerned (para 17, Res. 16/21), and, as appropriate, by other relevant stakeholders(para 33, Res. 5/1)

15. What does the HRC expects from States during the Second and subsequent cycles ? _______________________________________ To report on action taken to implement accepted recommendations; To clearly communicate to it, in writing, their position on the recommendations received To provide it, voluntarily, a mid-term update report on the steps taken to implement recommendations To conduct broad consultations with all relevant stakeholders on the FU To cooperate with the HRC, UN HR mechanisms, OHCHR

16. Thank you for your attention