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UPR as a process of UPR as a process of accountabilityaccountability

Regional Governance WeekSocial Accountability in a Changing Region

Cairo , 26-29 November 2012

Christophe Peschoux, Chief UPR TeamOHCHR, Geneva

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WHAT IS THE UNIVERSAL PERIODIC REVIEW ?

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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”. 

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Objectives of the UPR(paragraph 4, Resolution 5/1)

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1) Improvement of human rights situation on the ground

2) Fulfilment of State’s human rights obligations and commitments

3) Enhancement of State’s capacity through technical assistance

4) Sharing of best practices among States and other stakeholders

5) Support for cooperation to promote and protect human rights

6) Full cooperation with the Council, UN HR bodies and OHCHR

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UPR key principles (1)(Res. 5/1)

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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

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UPR Key principles (2)(res. 5/1)

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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

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UPR key principles (3)____________________________________________________

The review is based on objective, reliable information, collected and processed in a transparent manner

Same documentation for all countries:

1.National Report

2.UN compilation

3.Stakeholders summary

4. The “Working Group report”

5.The “Addendum”7

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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

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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

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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

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UPR process (2)____________________________________________________

The process is the same for all States:

1.Step 1: Preparation of the documentation

2.Step 2: The review itself by the Working Group

3.Step 3: Decision on the recommendations received

4.Step 4: Implementation of the recommendations

5.Step 5: Report to the Human Rights Council

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The first UPR cycle (2008-2012):Some observations

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•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

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The first UPR cycle (2008-2012):Some observations

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•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

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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)

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What does the HRC expects from States during the Second and subsequent cycles ?

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• 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

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Thank you for your attention

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