UNIVERSAL PERIODIC REVIEW (UPR):

A Strategic Opportunity for Cross- Practice Collaboration

A. H. Monjurul Kabir

15 February 2011, Bratislava

UNIVERSAL PERIODIC REVIEW (UPR)

Outline

• UPR: Key objectives

• Possible involvement of the UN system

• UNDP contribution to the UNRC system

UPR: objectives

HRC undertakes a UPR of the fulfilment by each State of its HRs obligations and commitments (modalities in HRC Res. 5/1, 2007)The objectives of the UPR (HRC Res. 5/1): Improvement of the HRs situation on the ground. Fulfillment of the State's HRs obligations and commitments and assessment of positive developments and challenges. Enhancement of the State's capacity and of technical assistance, in consultation with, and with the consent of, the State. Sharing of best practices among States and other stakeholders. Support for cooperation in the promotion and protection of human rights. Encouragement of cooperation with HRC, HRs bodies and OHCHR.

UPR should “complement and not duplicate other human rights mechanisms, thus representing an added value”

Calendar 2008-2011

Calendar 2008-2011 for Europe and CIS countries

• 3rd session (December 2008): Turkmenistan, Uzbekistan, Montenegro, Serbia.

• 4th session (April 2009): Russian Federation, Azerbaijan.

• 5th session (May 2009): Slovakia, Former Yugoslav Republic of Macedonia.

• 6th session (December 2009): Albania.

• 7th session (April 2010): Kazakhstan, Slovenia, Bosnia and Herzegovina.

• 8th session (May 2010): Kyrgyzstan, Armenia, Belarus, Turkey.

• 9th session (December 2010): Bulgaria, Croatia.

• 10th session (April 2011): Estonia, Georgia.

• 11th session (May 2011): Hungary, Latvia.

• 12th session (December 2011): Tajikistan, Lithuania, Moldova.

UPR: involvement of the UN system (1)

Resident Coordinators, UNCTs and other UN entities can contribute to different stages of the UPR process: • Stage 1: Dissemination of information on UPR • Stage 2: Preparation of the “Compilation of UN

information” report• Stage 3: Review process• Stage 4: Follow-up/Cross-practice Collaboration

UPR: involvement of the UN system (2)

Stage 1 - Dissemination of information on UPR process

- Assist preparation of State reports, including by sensitizing States on the importance of preparing them in a consultative and timely manner

- Reach out to national stakeholders (national HRs institutions, NGOs and other civil society) to explain the UPR mechanism as well as the importance of their contributions to the preparation of the State report and of the “Summary of Stakeholders’ input” report.

Examples:- The UNRC/UNDP RR in Georgia engaged the UNCT to assist the Government during its preparation of the State report by facilitating the UPR process. The final review will take place in June 2011.-The UNDP Country Office in Bahrain engaged a consultant to assist the Government in the preparation of the State report.-The UNRC/UNDP RR in Belarus was requested by MFA to support the visioning of the UPR follow-up strategy

UPR: involvement of the UN system (3)

Stage 2 – Preparation of “Compilation of UN information” report

- Contribute information, from each UN entity’s perspective/mandate, which has a bearing on the enjoyment of human rights in the States to be reviewed.

So far, UN entities (including UN DPA, UNDP, UNFPA, UNICEF, UNHCR and UN-HABITAT) have provided more than 100 submissions to the “Compilation of UN information” reports, in response to letters sent by the High Commissioner to Heads of UN agencies. Submissions are posted on the OHCHR webpage, unless requested otherwise. UN entities can also forward their public documents.

Suggested structure for submissions by UN entities to the

UPR process

I. Background and Framework

II. Promotion and protection of human rights on the ground

III. Achievements, best practices, challenges and constraints

IV. Key national priorities, initiatives & commitments to overcome challenges and constraints and improve human rights situations on the ground

V. Capacity-building and technical assistance

UPR: involvement of the UN system (4)

Stage 3 - Review process

- Share information with all stakeholders on the modalities of the review.

- Facilitate attendance of all relevant actors (States, national HRs institutions, NGOs and others, including UN system’s representatives), including by:

- supporting stakeholders to seek funding from bilateral/multilateral donors- relaying information on National HRs institutions and NGOs attendance and

accreditation to the UPR sessions.

- Facilitate local access to the review sessions, webcasted by the UN, by convening a targeted or public screening.

Example:- The UNRC in Moldova attended recently an inter-agency-OHCHR meeting in Geneva to make herself available to provide information on the activities of the UN and the Government in Moldova. Moldova will be reviewed in 2011.

UPR: involvement of the UN system (5)

Stage 4 - Follow-up

- Ensure the translation and broad dissemination of recommendations adopted by the Human Rights Council.

- Encourage the State to follow-up on the recommendations, including by providing assistance in specific areas, as relevant.

- Encourage/facilitate the use of the recommendations by all relevant actors at the national level.

- Integrate the recommendations in the UN planning and programming instruments, including future CCAs/UNDAFs and programming ideas in pipeline.

UPR: UNDP support to the UN system

• Facilitate briefings, materials and training on the UPR process, including guidance to UNCTs interested in assisting States in preparing State reports, to the extent possible;• Integrate the recommendations in the UN planning and programming instruments, including future CCAs/UNDAFs;• Stakeholders: National plans to be backed by a conference/meeting with key ministries: planning, finance, interior, defence, justice, etc in addition to Foreign Affairs – as well as NHRI, NGOs and UN agencies and programs;• Clustering of UPR recommendations and translation into actionable projects on the basis of priority consideration: or benchmarking e.g.\ the strengthening the national protection system – judiciary, administration of justice (police and prisons), NHRIs, economic and social rights, poverty reduction, cultural rights, gender, HIV/AIDS, capacity development, etc.

UPR: UNDP support to the UN system. • Matrix of who is doing what within the UNCT and reflection of follow up action in the HR Index which currently contains information country by country on recommendations of TB, SPMH and UPR – Bringing sectoral ministries and agencies on board would be critical.

• UNDP direct involvement and implementation of UPR recommendations would be focused primarily on those agreed recommendations resulting from the UPR;

• Greater cooperation through systematic information sharing between UNDP, OHCHR and the EU at both the policy and operational levels in connection with activities at country level especially in the areas of good governance, rule of law and human rights;.

CONTACT

http://europeandcis.undp.org/governance/hrj

Human Rights: Europe and CIS in Teamworks

https://undp.unteamworks.org/node/16786