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Importance and Perspectives of Universal Periodic Review (UPR)

Importance and Perspectives of Universal Periodic Review (UPR) and Roles of Civil Society Organisations. Workshop to Accelerate the Implementation of the Convention on the Rights of Persons with Disabilities (CRPD) 18-21 August 2011 , New Delhi, India Presented by Birendra Raj Pokharel

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Importance and Perspectives of Universal Periodic Review (UPR)

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  1. Importance and Perspectives of Universal Periodic Review (UPR) and Roles of Civil Society Organisations Workshop to Accelerate the Implementation of the Convention on the Rights of Persons with Disabilities (CRPD)18-21 August 2011, New Delhi, IndiaPresented by Birendra Raj Pokharel President National Federation of the Disabled-Nepal (NFDN) South Asian Sub-Regional Chair of DPI

  2. Importance and Perspectives of Universal Periodic Review (UPR) • Presentation Contents: • Background of UPR: • The objectives of the UPR: • GENERAL GUIDELINES FOR THE PREPARATION OF INFORMATION UNDER THE UPR: • South Asian Experience: • Initiatives taken by Civil Society in Nepal: • Documentation for the review: • The Schedule of the review in some of the Asia-Pacific Countries: • Recommendation for the Establishment of "New Decade of Rights of Persons With Disabilities in Asia-Pacific Region: • Annex I: UPR recommendation of the countries for Nepal:

  3. Background: • CRPD helps increase public awareness of barriers faced by PWDs, • , urge law and policy changes, • provide redress in individual cases of rights violations or abuses and • channel resources into programs that support the rights of PWDs. • . Integrating disability into the global human rights framework • CRPD requires the state parties to recognize the human rights of PWDs, • The Convention requires to periodically reporting to the UN on its progress in implementing and enforcing the treaty obligations.

  4. Background of UPR: • CRPD committee formed under article 34 review state report • The UPR is a unique process which involves a review of the human rights records of member states of UN every four years.  • The UPR is a State-driven process under the auspices of the Human Rights Council, • provides the opportunity to declare what actions the countries have taken to improve the human rights situations • the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.

  5. The objectives of the UPR • to address human rights violations, • improve the human rights situation, • encourage States to fulfill their human obligations and commitments, • assess the positive developments and challenge, • enhance the State's capacity, • provide technical assistance and share best practices between stakeholders.

  6. GENERAL GUIDELINES FOR INFORMATION UNDER THE UPR: • The Human Rights Council made the Decision 6/102. Follow-up to Human Rights Council resolution 5/1 at its 20th meeting on 27 September 2007 • “Reaffirming the relevant provisions, related to the universal periodic review, of General Assembly resolution 60/251 of 15 March 2006 • Human Rights Council resolution 5/1 of 18 June 2007 • the institution-building package.

  7. Guideline for UPR • A. Description of the methodology and the broad consultation process • B. Background of the country under review and existing framework, • C. Promotion and protection of human rights on the ground: • D. Identification of achievements, best practices, challenges and constraints; • E. Key national priorities, initiatives and commitments • F. Expectations of the State concerned in terms of capacity-building and requests, • G. Presentation by the State concerned of the follow-up to the previous review. • States should consult their national human rights institutions and civil society organizations while applying.

  8. South Asian Experience: • Scope of international obligations • Constitutional and legislative framework • Institutional and human rights infrastructure • Policy measures such as national action plans • National jurisprudence • Human rights infrastructure including national human rights institutions

  9. II. Promotion and Protection of human rights on the ground • 2008 • 1st Session: India, 2nd Session: Pakistan, Sri Lanka. • 2009 • 4th Session: Bangladesh, 5th Session: Afghanistan, 6th Session: Bhutan. • 2010 • 9th session: Maldives • 2011 • 10th session: Nepal.

  10. Some of the observations within the UPR of the South Asian Countries: • stakeholders' submission: • India-37 • Bhutan-6 • # pages of National Report: • Shree Lanka -32 • India – 16 • Others more than 20 pages

  11. Number of Recommendations to SuR: • Afghanistan -98+, • Bhutan - 99 • India – 18 • # of Advance Written Questions to SuR: • Afghanistan – 52 • India - 23.

  12. Initiatives taken by Civil Society in Nepal: • Nepal is reviewed in January 2011 • crucial and timely intervention for a member of civil society • Asian Forum for Human Rights and Development and INSEC organized workshop (11-13 April 2010) • to discuss on the UPR and to develop common strategies and work plans • Nepal NGO Coalition for the UPR is a loose coalition • The coalition comprises national coalitions; federations; human rights NGOS, lawyers, academicians, media professionals and individuals. • The secretariat of the coalition and HRTMCC is both are in INSEC

  13. The Nepal coalition of DPOs • The National Federation of the Disabled -Nepal (NFDN) is coordinating for CRPD sub-committee • the presenter is the convener of the sub-committee under HRTMCC. • Nepal Disabled Human Rights Center • Nepal Disabled Women Association • National Association of Physical Disabilities • National Federation of Deaf And Hard of Hearing • Nepal Disabled Society • The coalition also aimed to discuss UPR process and practices. • with series of consultation and joint initiatives.

  14. Documentation for the review: • 1) National report Prepared by Nepal after consultation process between Government and civil society (10 700 words (approximately 20 pages) • 2) Compilation of information from Treaty Bodies, Special Procedures and other United Nations documents, prepared by OHCHR (5350 words (approximately 10 pages), • 3) Summary of stakeholders’ submissions prepared by OHCHR (5350 words (approximately 10 pages)

  15. The Schedule of the review in some of the Asia-Pacific Countries: • Lao People’s Democratic Republic • Working Group: May 2010, • Plenary: September 2010 • Myanmar • Working Group: February 2011, • Plenary: June 2011 • Altogether 135 recommendations to Nepal • Nepal entertained 56 recommendations, • 28 recommendations, Nepal said, have already been implemented • or in the process of implementation. Another 36 recommendation will be examined and responded in due time (no later than June 2011); • 15 recommendations that Nepal rejected.

  16. Some specific recommendations relevant to PWDs that Nepal enjoyed: • China: Implement effectively the Human Rights Action Plan and other national action plans, including CIDAW and CRPD • Argentina: Continue its efforts to overcome discrimination and social exclusion on the basis of gender, caste, class, ethnic group, disability or geographic situation, in order to ensure the respect of civil, political, economic, social and cultural rights • Cuba: Redouble efforts to promote and protect the rights of vulnerable groups such as children, women, people with disabilities and aged persons • Hungary: Improve food safety of vulnerable groups , particularly indigenous people, former bonded labourers, Dalits, Muslims, persons with disabilities and those who are infected with HIV/AIDs

  17. Some specific recommendations relevant to PWDs that Nepal considers that they are already • implemented or in the process of implementation: • Criminalize discrimination based on caste, gender, religion, ethnicity, political belief or disabilities (Germany); rec. No. 107 (12) • Some specific recommendations relevant to PWDs that Nepal will examine and respond in due time: • Implement measures to ensure that persons with disabilities are enabled to participate in job training, vocational training, literacy and numeracy programmes and set concrete targets measurable within one year to this effect, in consultation with persons with disabilities and their representative organisations (New Zealand); rec. No. 108(13) • Ensure, without any discrimination, the rights of people with disabilities and others belonging to vulnerable groups, such as women and children (Chile); rec. No. 108 (14) • Note: There are other general recommendations which are equally relevant to PWDS.

  18. Schedule of some Countries of Asia-Pacific Region • Singapore • Working Group: May 2011, • Plenary: September 2011 • Thailand • Working Group: December 2011, • Plenary: March 2012 • Timor Leste • Working Group: December 2011, • Plenary: March 2012.

  19. Recommendation for the Establishment of "New Decade of Rights of Persons With Disabilities • The erratic behaviors of different Governments has hindrance the implementation of the BMF • Realized that the Governments strongly restrict for the monitoring mechanism of the CRPD • interventions through the National Human Rights Institutions. • The importance of establishment of New Decade deserves paramount importance for pushing governments obligated towards rights of Persons With Disabilities. • To achieve universal solidarity and enjoyed human rights should be one of the paramount aims of the "New Decade of Rights of Persons With Disabilities in Asia-Pacific Region".

  20. The DPOs should harmonized alleviating and reducing global poverty Major step ensuring civil, political, economic, social and cultural rights of PWDs. In respect of the principle guideline of the CRPD for mainstreaming Disability in the development agendas by domestication. The violence in the basis of Disability has victimized is staggering fact, the global solidarity is overwhelming necessities in the following decade for ensuring Human Rights of Persons With Disabilities. Now the things to be done differently rather doing the different things for achieving the goals of "Towards an inclusive, barriers free and rights based society for Persons With Disabilities". Recommendation

  21. Thank you !

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