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UNIVERSAL PERIODIC REVIEW

(UPR)

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International Human Rights Mechanisms

Treaty-based

UN Charter-based

CERD

Human Rights Council

CESCR

  • Complaint Procedure

HR Committee

  • Special Procedures

CEDAW

  • Universal Periodic Review

CAT

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SPT

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CRC

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CMW

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CRPD

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CED

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HUMAN RIGHTS COUNCIL

(HRC)

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Human Rights Council

  • UN Charter-based human rights body.
  • Main UN intergovernmental body responsible for human rights (HR).
  • A subsidiary organ of the General Assembly (GA), established by GA resolution 60/251 (2006), that replaced the former Commission on Human Rights.
  • Composed of 47 UN Member States elected among regional groups for a three years period renewable.
  • Based on the principles of universality, impartiality, objectivity, non- selectivity, non-double standards, non-politicization, cooperation and genuine dialogue.
  • Mandated to promote universal protection/promotion and full implementation of HR, prevent HR violations, promote HR education, and as an international dialogue forum.
  • Holds three ordinary sessions per year (March, June, September) - three weeks per session in Palais des Nations (Room XX)-Geneva. Special sessions can be undertaken at the request of one member of the HRC.

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https://www.ohchr.org/EN/HRBodies/HRC/Pages/Home.aspx

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Human Rights Council

Reformed mechanisms

Newly created mechanism

Advisory Committee

Universal Periodic Review

Complaint Procedure

Expert Mechanism on the Rights of Indigenous Peoples

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Special Procedures

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Various Forums and Working Groups

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Social Forum

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Working Group on the Durban Declaration and Program of Action

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Working Group on the Right to Development

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UNIVERSAL PERIODIC REVIEW

(UPR)

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Universal Periodic Review

  • Created through the GA Resolution 60/251, paragraph 5.e (2006).
  • Cooperative mechanism and a State-driven process that reviews the fulfillment of the human rights obligations and commitments of all 193 UN Member States once every four and a half years.
  • Provides an opportunity for States to demonstrate actions taken to improve the human rights situation.
  • Reminds States of their responsibility to fully respect all human rights and fundamental freedoms.
  • Aims at improving the human rights situation and supports States to that direction.

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https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

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Universal Periodic Review

Legal Framework

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Basis of the review

Charter of the United Nations

HRC Resolution 3/4 (December 2006)

Universal Declaration of Human Rights

HRC Resolution 5/1 (June 2007)

Human rights instruments ratified by the State under Review

HRC Decision 6/102 (September 2007)

State’s voluntary pledges and commitments

HRC Resolution 6/17 (September 2007)

Applicable international humanitarian law

GA PRST/8/1 (April 2008)

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HRC PRST/9/2 (September 2008)

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Universal Periodic Review

Principles of the Review

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  • Universality: i) all UN Member States are examined (universal coverage); ii) all human rights are reviewed (HR interdependence, indivisibility and interrelatedness).
  • Periodic: every 4,5 years (not specific one-time event).
  • Equal treatment of all States.
  • Cooperative and participative mechanism.
  • Peer review – intergovernmental/State driven process with the full involvement of the State under Review.
  • Based on objective and reliable information and on stakeholders’ participation (including NGOs and NHRIs).
  • Conducted in an objective, transparent, non-selective, constructive, non-confrontational and non-politicized manner.
  • Action oriented and concrete aimed at improving the HR situation in the field.
  • Complementary: not duplicate other international HR mechanisms.

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Universal Periodic Review

Objectives

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  • Improve the HR situation on the ground.
  • Fulfil the States’ HR obligations and commitments.
  • Assess States’ positive developments and challenges.
  • Enhance States’ capacity through technical assistance.
  • Share best practices.
  • Support for cooperation.

Periodicity

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  • UPR Cycles of 4,5 years.
  • 3 sessions annually (January, May, November) - 2 weeks each session in Palais des Nations (Room XX)- Geneva.
  • 14 countries per session - 42 States annually.
  • At the end of each cycle, all 193 UN Member States are examined.

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Cycle of the Universal Periodic Review

Preparation

Review in the UPR WG session

Post-session written views

Adoption of the UPR Outcome

Follow-up to the review

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Phases of the Universal Periodic Review

Step 1

Preparation of the national process

Step 2

Review in the UPR Working Group session

Step 3

Post-session written views-Addendum

Step 4

Consideration/adoption of the UPR outcome

Step 5

Implementation-follow up to UPR recommendations

Next cycle

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Step 1 – Preparation

Pre-session documentation

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National Report

Compilation

Summary

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Step 1 – Preparation

National Report

  • Prepared by the State under Review through a national consultation process with relevant stakeholders.
  • 10,700 words - 20 pages.
  • In one of the 6 official UN languages.
  • Sent to OHCHR (UPR Branch) 10 weeks prior to the review.

Compilation

  • Prepared by OHCHR (UPR Branch) summarizing information of Treaty Bodies, Special Procedures and other UN agencies/bodies.
  • 5,350 word - 10 pages.

Summary

  • Prepared by OHCHR (UPR Branch) summarizing information of NGOs, NHRIs and regional organizations.
  • 5,350 words - 10 pages.
  • In one of the 6 official UN languages.
  • Submissions sent to OHCHR (UPR Branch) 6 months prior to the review.

Documents posted in UPR Branch website 10 - 6 weeks prior to the review https://www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx

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Step 2 – The review in the UPR Working Group session

Interactive dialogue at the UPR Working Group session (UPR WG)

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  • Working Group (WG) is composed of 47 Member States of the HRC and is chaired by the HRC President.
  • Observer States: the remaining 146 UN Member States and two Non-member States (State of Palestine-Holy See) also participate in the interactive dialogue during the UPR WG.
  • Stakeholders attend the UPR WG but do not participate in the interactive dialogue.
  • The Troika facilitates the review and the preparation of the WG report.
  • OHCHR (UPR Branch) in its role of UPR Secretariat, supports the UPR WG and the preparation of the WG report.

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The interactive dialogue

3/5 are allocated for the interactive dialogue of the UPR WG

State under Review (SuR)

70’ to present its national report, reply to questions and make concluding remarks.

Member and Observer States (MS-OS)

140’ to raise concerns, ask questions, make HR-related comments, and issue recommendations.

3’ for MS – 2’for OS.

30’ are allocated for the adoption of the UPR WG report.

MS-OS may address advance written questions to the SuR, via the Troika, who are made public. The SuR is sovereign in addressing the questions during the interactive dialogue.

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The Troika

  • Group of three delegates selected among the HRC Member States from different Regional Groups, who serve as rapporteurs to facilitate the review and the preparation of the UPR WG report.

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  • Before the review - Troika receives, compiles and transmits advance written questions to the SuR through the UPR Secretariat so that the SuR can prepare the interactive dialogue.

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  • After the review - Troika prepares the UPR WG report with the assistance of the UPR Secretariat and with the full involvement of the SuR.

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UPR Working Group report

  • Factual summary of the interactive dialogue, prepared between the SuR and the Troika with the assistance of the UPR Secretariat.
  • Structure: a). Introduction; b). Summary of the proceedings (SuR presentation and interactive dialogue); c). Conclusions and/or recommendations; and d). Voluntary pledges and Committments of the SuR (9,630 words per country).
  • The list of recommendations is verbatim and should preferably be clustered thematically with the full involvement and consent of all States concerned, clearly indicating which recommendations are accepted and which are noted.
  • The drafting of the UPR WG report takes 48 hours after the end of the interactive dialogue and should be finalized 3 hours before its adoption.

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UPR Working Group report

  • Half an hour is allocated for the adoption of each UPR WG report:
    1. Troika presents the report to the Working Group.
    2. SuR makes final remarks.
    3. Member/Observer States must request at this stage to make changes to recommendations they issued to the SuR.
    4. UPR WG report is adopted ad referendum.
  • Member/Observer States can request to make editorial changes to their statements 2 weeks from the adoption.

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Step 3 – Post-session written views

  • Prior to the consideration of the UPR Outcome at the HRC Plenary, SuR has to clearly communicate its position on all recommendations received during the interactive dialogue – at the UPR WG, between the UPR WG and the HRC Plenary, or during the HRC Plenary, in a written format known as “Addendum”.

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  • Each recommendation has to be supported or noted.

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  • Addendum (2,675 words) submitted 2 weeks before the adoption of the UPR Outcome by the HRC Plenary.

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Step 4 – Adoption of the UPR Outcome

Additional time of 1 hour is allocated for the consideration and adoption of the UPR Outcome report by the HRC Plenary (Item 6)

At this stage, the SuR must give its clear position on the recommendations received and stakeholders and NHRIs participate in the interactive dialogue.

SuR (20 minutes)

Explain its position on recommendations (supported/noted); present its views on voluntary pledges and commitments; reply to questions not sufficiently addressed during the UPR WG; and make final remarks.

NHRI (A status) (2 minutes)

National Human Rights Institutions of the SuR can make general comments/recommendations.

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Member/Observer States (20 minutes)

Present their views on the UPR Outcome.

Stakeholders (18 minutes)

Make general comments/recommendations.

SuR

Final conclusions.

Adoption of the UPR Outcome

Through a standardized decision of the HRC Plenary.

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The UPR Outcome

  • UPR Outcome is an integral part of the report of the HRC Plenary session (3,210 words per country).
  • It is a summary of the proceedings of the UPR review process, which contains:
    • SuR views/position on recommendations received and replies to questions/issues not sufficiently addressed in the UPR WG.
    • Views expressed on the Outcome by Member/Observer States.
    • General comments made by other relevant Stakeholders, including the NHRIs.
    • SuR concluding remarks and voluntary commitments.

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Step 5 - Follow up to the review

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  • The UPR Outcome should be implemented primarily by the State under Review and, as appropriate, by other relevant stakeholders.

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  • SuR is expected to follow-up at least on those recommendations that it supported and on voluntary pledges and commitments.

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  • SuR is encouraged to: i) conduct broad consultations with a broad range of relevant national stakeholders, including NHRIs; ii) implement recommendations of all international HRs mechanisms in a holistic and comprehensive manner (Treaty Bodies, Special Procedures, UPR); iii) establishing/strengthening national mechanisms to coordinate actions in follow-up to recommendations from all UN human rights mechanisms; and iv) provide a voluntary a mid-term report updating on follow-up to accepted recommendations.

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  • UPR Voluntary Trust Fund for Financial and Technical Assistance assists countries to implement UPR recommendations.

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Step 5 - Follow up to the review

National Human Rights Institutions (NHRIs)

  • Ensure the broad dissemination of the UPR Outcome.
  • Identify priority issues and develop related specific follow-up initiatives in a holistic manner, by linking the UPR recommendations with those from other UN human rights mechanisms, national mechanisms and regional human rights bodies, when applicable, and with the SDGs.
  • Contribute actively to consultation processes with the State and other stakeholders on the UPR outcome.
  • Encourage/facilitate the implementation of recommendations by other relevant stakeholders, including civil society organizations.
  • Monitor/report on the State’s implementation of the UPR outcome.
  • Liaise and exchange good practices with other regional and international networks of NHRIs on UPR follow-up (etc)

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Step 5 - Follow up to the review

Civil Society Organizations (CSO)

  • Ensure the translation and broad dissemination of UPR recommendations.
  • Closely follow the State’s implementation of the UPR recommendations.
  • Cooperate actively with State entities, NHRI, and other stakeholders in the implementation of the UPR recommendations at national and local levels.
  • Strengthen a consultative mechanism created at the preparation stage of the national report/national submissions for the purposes of getting engaged and monitoring/reporting on the follow-up to UPR recommendations.
  • Include the status of implementation of UPR recommendations in the submissions to the subsequent UPR cycle (etc)

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Step 5 - Follow up to the review

International Community

  • Promote the comprehensive implementation of recommendations from all UN human rights mechanisms.
  • Assist the SuR in implementing the recommendations through capacity-building and technical assistance.
  • Support the translation/broad dissemination of UPR recommendations.
  • Conduct workshops to identify priority recommendations and to build national/local capacity.
  • Integrate the recommendations from all UN human rights mechanisms in the UN planning and programming instruments.
  • Report on progress made in the implementation of specific recommendations through UN agencies’ submissions (etc)

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Step 5 - Follow up to the review

OHCHR

  • Play an active role in following up the implementation of UPR recommendations and in supporting their implementation through technical assistance and capacity building activities to countries.
  • Encourage the integration of UPR recommendations with those from other UN human rights mechanisms, including in OHCHR’s overall priorities and programme of work.
  • Advocate for and disseminate the UPR recommendations.
  • Strengthen partnerships with global, regional and country level actors with a view to promote/support the implementation of recommendations.
  • Promote, support and track the status of implementation of recommendations from all UN human rights mechanisms.
  • Facilitate the sharing of practices and promoting international cooperation (etc)

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Step 5 - Follow up to the review

The subsequent review should focus on the implementation of the preceding UPR outcome.

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Other useful links and resources

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Further information

https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

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Important Details About Written Submissions

  • All technical information is at StakeholdersTechnicalGuidelines4thCycle_EN.pdf (ohchr.org)
  • Only Microsoft Word is acceptable!!
  • Written submissions should be clearly identifiable. The cover page of the main submission should clearly identify the submitting stakeholder (letterhead, name and acronym, logo, webpage, email and postal address, etc.). Joint submissions should clearly identify the main submitting organization, followed by the other submitting organizations. For joint submissions, a list of organizations should appear in the cover page and in an annex to the document. The annex should also contain the full addresses and contact persons for each organization.
  • A paragraph describing the main activities of the submitting organization/coalition, as well as date of establishment, especially for those 4 organizations which interact for the first time within the context of the UPR is also encouraged to be included in the cover page.

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Important Details About Written Submissions (continued)

  • Individual written submissions must not exceed 2815 words (additional documentation can be annexed for reference). Joint submissions must not exceed 5630 words. The cover page, endnotes and annexes will not be counted within the word/page limits of contributions. Annexes to the report should be submitted and uploaded separately from the report and be clearly identified as such.
  • Stakeholders should only use endnotes to reference information. Endnotes should not include any substantive information as it will not be taken into consideration in the summary.
  • Numbering paragraphs and pages - For ease of reference, paragraphs and pages should be always numbered.
  • Language - Written contributions should be submitted in one of the UN official languages only, preferably in English, French or Spanish.

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Important Details About Written Submissions (continued)

  • The UPR mechanism does not provide for confidentiality and is conducted on the basis of public documents. Submissions which respect the abovementioned guidelines, as originally received will be publicly made available on OHCHR’s - UPR country webpages, including the name of the submitting stakeholder.
  • Reference to individual cases should be made only if the safety and well-being of all concerned individuals will not be jeopardised by such a reference, with the consent of the victim and/or when applicable, of family members or if the case is already publicized. Submissions which identify or permit children and or victims of sexual violence to be identified will be excluded. Submissions by individuals, focusing on individual situations, and petition like submissions will not be admitted and should be addressed to the relevant UN human rights mechanisms dealing with individual communications. Stakeholders can refer to individual situations only exceptionally, when relevant to the general situation of the country, or illustrating a common practice or if such individual case is emblematic.

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Important Details About Written Submissions (continued)

  • Addressing acts of intimidation and reprisal against those who seek to cooperate, cooperate or have cooperated with the United Nations in the field of human rights is a priority for OHCHR. Any act of intimidation or reprisal should be promptly reported (ohchr-reprisals@un.org)
  • Stakeholders’ submissions should be sent only through the “On-line UPR Submissions Registration System” for written contributions for the UPR documentation available at the following link: https://uprdoc.ohchr.org The technical guidance for the database is available on the following link: https://www.ohchr.org/en/hrbodies/upr/pages/ngosnhris.aspx
  • All contributing organizations – national and international, individual organizations or coalition of organizations - will be requested to open an organizational profile in the system.

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Important Details About Written Submissions (continued)

  • The approval of the organizational profile can take up to 24 hours and it is not automatic. Automatic messages are sent when a profile is created, approved and when contributions are submitted.
  • Contributing organizations may submit one individual contribution and submit one joint submission, and they may participate in multiple joint contributions per country (per session). When submitting joint contributions on behalf of coalitions, all organizations participating in the submission should be listed and the main submitting organization should be clearly identified.
  • All submissions used by the Secretariat will be listed in the Endnote 1 of the Summary report and posted on the UPR country webpages. Joint submissions will be referred to in the UPR documentation as ‘Joint submissions’ and identified with a number, as well as with the name of the Coalition and/or the list of organizations which form part of the coalition.

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Important Details About Written Submissions (continued)

  • Contributing organizations can submit: (a) a cover letter/page; (b) one main submission (and translations in official UN languages) and (c) a maximum of 10 annexes.
  • Once contributions have been uploaded in the system, organizations will receive an automatic confirmation of their submission. Organizations can also consult their contributions history in the on-line system at any time. No additional confirmation by the OHCHR Secretariat will be sent.
  • The system does not allow organizations to add documents for a country after the automatic confirmation of their initial submission has been received. Additional documents (such as translations of main submissions, cover letters or annexes) should be sent by email to the UPR Submissions Helpdesk.
  • Should organizations encounter technical problems using the on-line system, please send email to UPR Submissions. (ohchr-uprsubmissions@un.org)

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