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Universal Periodic Review (UPR) Cheery Zahau HREIB 1 Dec 2009

Universal Periodic Review (UPR) Cheery Zahau HREIB 1 Dec 2009 ND-Burma 16 th MB Meeting . -The Universal Periodic Review (UPR). -The State process, -The Civil Society process, -What this means for Burmese organizations. What is the UPR?.

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Universal Periodic Review (UPR) Cheery Zahau HREIB 1 Dec 2009

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  1. Universal Periodic Review (UPR) Cheery Zahau HREIB 1 Dec 2009 ND-Burma 16th MB Meeting

  2. -The Universal Periodic Review (UPR) -The State process, -The Civil Society process, -What this means for Burmese organizations

  3. What is the UPR? A mechanism of the UN Human Rights Council (HRC) UPR – a process that assesses each UN member state on adherence to human rights norms and on fulfilment of human rights obligations and commitments. Assesses progress, challenges and areas for improvement. ‘Peer review’ - States review other States

  4. What is the HRC? • March 2006 – U.N. General Assembly voted to create Human Rights Council (HRC) to replace the former Commission on Human Rights • 47 HRC Member States • Elected in staggered 3-year terms • May 2006 – first election • Each year, between 14 and 19 States are elected to serve on the HRC for the following 3 years

  5. UPR Process • 3 Troikas elected for State Under Review • Review based on 3 reports: • State Report • Stakeholder Report • OHCHR Report • Review: 3-hour interactive dialogue • 2 days for State and Troika to finalise • 2 days later, Record of Review adopted • 2 sessions later, Outcome Document adopted

  6. Troika 3 Member States of the HRC randomly selected to facilitate a State’s review Balanced to represent different regional groups State Under Review can request that one Troika be selected from its regional group State Under Review can veto one Troika

  7. What does the Troika do? Gathers written questions from UN Member States and gives them to the State Under Review 10 days prior to the UPR session Facilitates dialogue and questions during the review After the dialogue, works with the State under Review and the OHCHR (secretariat) to prepare the report of the Working Group (Record of Review) which contains a full account of the proceedings

  8. State Under Review 3-hour session for each review Interactive dialogue between State Under Review and UN Member States (both HRC Member States and observer states) State Under Review presents State Report (1 hour), answers written questions submitted in advance and answers live questions (2 hours)

  9. Outcome Document Adopted at a regular 1-hour session of the HRC, two sessions after the review HRC Regular Sessions: March, June, September 20 min – State under Review makes statements: replies to questions or issues, accepts or rejects recommendations 20 min – Member and observer states express views on outcome 20 min – NGOs and other stakeholders make general comments 1 min - President motions for the adoption of the Outcome Document

  10. State Obligations Reviewed by UPR every 4 years Hold National Consultation to gather civil society organizations’ input when drafting State Report Submit State Report 6 weeks in advance Implement recommendations made in the final Outcome Document

  11. SPDC July/Sept 2010 - Civil society groups Report due Dec. 2010/Jan. 2011 - SPDC State Report due Feb. 2011 - SPDC will be reviewed by the HRC June 2011 - SPDC Outcome Document will be adopted

  12. CIVIL SOCIETY How NGOS and other stakeholders can participate in and contribute to the UPR process

  13. Submit Report CSOs can submit Shadow Reports 5 pps. for individual NGO 10 pps. for collaborative/coalition report Focus on human rights performance of State Under Review Must submit 5-7 months prior to review

  14. Observing Sessions • Stakeholders may attend the review, but may not intervene • At the adoption of the Outcome Document, stakeholders are allotted 20 minutes for general comments (2 minute interventions) • In practice, restricted to comments directly related to specific paragraphs of the Outcome Document

  15. Lobby Strategy • Lobby UN Member States several months prior to the review to: • Submit particular questions/issues in advance to the Troika • *Raise particular questions/recommendations during the review • Method: lobby document sent to • Embassies/consulates in the State Under Review • UN Member State missions in Geneva

  16. Lobby Strategy • State Under Review • Lobby the state to be transparent and frank in presenting the human rights situation in the country • Inform the State of the issues you will be discussing in the Stakeholder Report; discuss critical issues you hope to be raised during the review

  17. Lobby Strategy • Lobby OHCHR and UN Agency Country Offices • To include national issues of concern in the OHCHR Report • Ensures that priority issues are not overlooked

  18. Burmese Civil Society Groups How do we participate constructively in the UPR process?

  19. Shadow Report • Collaborate on a coalition Stakeholder Report • Submit in July/August 2010 • Issues to address: • Issues to include in the collaborative report? • Focal point from each organization? • Timeline? • Which organization will receive and compile the information for the report?

  20. Monitoring implementation??? • Collecting the recommendations by UPR WG • Monitoring SPDC’s implementation • Comparing recommendations and implementations by State • Public awareness about SPDC’s pleges and obligations to full-fill HR

  21. Thank you for your attention

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