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Seminar on Universal Periodic Review Lausanne; August 28, 2006. Presentation by Ambassador Masood Khan Pakistan’s Permanent Representative. Disclaimer.
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Seminar on Universal Periodic ReviewLausanne; August 28, 2006 Presentation by Ambassador Masood Khan Pakistan’s Permanent Representative
Disclaimer • Not an OIC presentation. OIC views were presented to the Council on August 2. The OIC as a group would present its positions only formally to the Human Rights Council • Views being expressed today with a view to promoting dialogue and understanding.
Whatdo we need to decide? What? • Define the animal. Know its anatomy. Its genes and lineage. Its evolution and adaptation to the new body. • Question of principles and parameters Who? • The Council. The Plenary or the Committees or the Working Groups. How? • The process: during the Council sessions or intersessionally • Dialogue with country concerned • Outcome: Process Verbale • Follow up: VI, TC, RP@ next UPR When?
What? - Stick to A/60/251 • Normative/ legal basis: All universal human rights under the Charter, the UDHR, conventions and treaties, domestic laws, commitments, obligations. • Collective rights to self-determination, to development would not to be sidelined. • Stay within the parameters. Don’t reinvent the wheel. It will only result in loss of time and needless squabbling. • Objective and reliable info • Universality of coverage and equal treatment • Cooperative mechanism; interactive dialogue with the full involvement of state concerned; • Capacity building • Complement not duplicate the work of treaty bodies • Deadline for developing modalities and schedules is one year • Council members first • Member-driven
Who ? • Reviewers: It should be the Council, the entire body. Universal should also mean universal review by all Council Members. If it is a Committee, it should be Committee of the Whole. • Observer states and NGOs with the ECOSOC consultative status will observe the proceedings. • Who will prepare the dossier? Let us call it a report. • What are the precedents? • Shall we give this job to The Office? The Sub-Commission? Sub-Com successor expert body? • States themselves? Our answer:States themselves.
How? The State • State concerned prepares and submits report • Additional info: reports of the treaty bodies, special procedures and other UN sources. • Anatomy of the report: five elements: basic facts; institutional infrastructure; ratifications; affirmative programmes; role and independence of media, civil society. • The report be submitted to members in advance.
How? The Council • The Council each year shall approve a standard Questionnaire, list of countries to be reviewed, schedule. • Interactive dialogue: Presentation of the report by state concerned; adoption of the outcome. • Cooperative; constructive. • Not Name and Shame • NotYou scratch my back, I scratch yours • Butreciprocal altruism. • Motto: Help states help themselves. • Designate a Rapporteur
Periodicity • Single cycle: five years to cover all UN members; 35 to 40 each year; two hours each state; number of days required 12 to 14. • Multiple Cycles: According to the level of development of states. • One, DdCs: 35-e3y-11py; • Two, DgCs: 106-e5y-20py • Three, LDCs: 50-e7y-7py • Altogether 40 countries each year; 3 hours each state; number of days in a year 20.
Outcome and Follow up • OUTCOME: Proces Verbale : Summary of proceedings with recommendations to be adopted by consensus • Follow up: implementations, voluntary initiatives by states, technical cooperation, review of progress at the next UPR. • Review: Follow up should itself be reviewed.
When? • Commence after modalities for the UPR are adopted by the Council. • Prepare intersessionally, but review during the sessions. • Nothing would be more important than the UPR.
Stockholders and Stakeholders • We will cooperate and respect each other’s space • Will change adjacency into synergy • Reduce latent hostility • Special Procedures and Sub-Commission draw their authority and legitimacy from the Council • Transparency • Awareness raising • Education
Lausanne • Professor Walter Kalin and Professor Andrew Claphalm, Nick Howen, Ibrahim Salama – made brilliant contributions. Helped us move towards clarity • Thank you Lausanne; Thank you Berne • We appreciate your zest and enthusiasm. • We hope next time you will be in Geneva, with us. • We would also like to share a few things with you there.