Understanding the UPR

The Universal Periodic Review

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WelcomeGuidance on participation

Wanja Ngure, PITCH Country Focal Point Kenya

Anthony Nkwocha, PITCH Country Focal Point Nigeria

Yan Win Soe, PITCH Country Focal Point Myanmar

Experiences with the UPR

- Perceived shortcomings of the former Human Rights Commission

- Too much confrontation, too little cooperation

- Too much focus on the human rights situation in some countries

- Too little attention to the full spectrum of human rights

BackgroundA (new) HR mechanism was needed because…

- Replace the Human Rights Commission

- In 2006, the UN GA adopted Resolution 60/251 establishing the Human Rights Council

- Responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all

- One of its key mandates-the Universal Periodic Review to assess each States’ human rights obligations and commitments of all States

BackgroundEstablishment of the Human Rights Council

- …Mechanism to assess human rights situation in all UN member States

- …’Peer-review’ between UN Member and Observer

- …Interactive dialogue

BackgroundWhat is the Universal Periodic Review?

- …the State under Review receive recommendations

- …an ‘Outcome’ document is produced after the dialogue.

- …the UPR is a process, not an event

BackgroundWhat is the UPR Cont’d

- Universal: (i) All 194 Member States of the United Nations reviewed on an equal basis. (ii) All human rights issues

- Periodic: The process takes place every 5 years

- Review: Performance in human rights obligations; all human rights are given equal attention

- Popular: For the first time, everybody can participate in the same human rights review. Small NGOs, academia, journalists, etc.

BackgroundMeaning of the U-P-R

- Process (not a single event)

- Periodic (every five years)

- Peer review (intergovernmental)

- Participatory (interactive dialogue, stakeholders)

- Practical (improvement of the HR situation)

BackgroundThe Universal Periodic Review

- Improvement of the human rights situation

- Fulfilment of a State’s human rights obligations

- Assess positive developments and challenges faced

- Enhancement of a State’s capacity

- Sharing of best practice among States

- Full cooperation and engagement

BackgroundObjectives of the Universal Periodic Review

- Universality (Countries and Issues)

- Periodicity

- Cooperative and intergovernmental mechanism

- Participation of stakeholders

- Complements other mechanisms, does not duplicate

BackgroundBasic principles of the UPR

- UN Charter

- Universal Declaration of Human Rights

- Human Rights treaties to which State is a party

- Voluntary pledges

- Applicable International Humanitarian Law

BackgroundBasis of the review

- National report (20 pages);

- Compilation of UN information (10 pages);

- Summary of stakeholders’ information (10 pages) including NHRI Submission;

- Joint NGO Submissions (10 pages: 5,630 words); Individual NGO Submissions (5 pages: 2,815 words)

BackgroundBasis of the review

- Naming and Shaming

- Condemnation of the SuR

- Urgent situation

BackgroundThe UPR is not about…

- Within the Government (inter-ministries)

- Between the Government and Donors

- Between UN Agencies and Government

- Between NGOs and Government

- Among NGOs

BackgroundThe UPR is about co-operation

CoordinationCoalitions, Strategy, Monitoring tools

CollaborationGovernment, NHRIs, Recommending States, UN Agencies, DevelopmentPartners

CommunicationMid-term updates / reports / Media / Public Awareness on Implementation

BackgroundIt is about…

• One voice gives more weight and legitimacy. Instead of a fragmented civil society UPR response

• Safe space to address sensitive rights issues – CSO/CSO and Coalition/Government

• Exchanging experiences, building sustainability

• Increase in resources, protects against knowledge gaps

CoalitionsImportance of coalitions

• The mechanism is “officially” praised by every country.

• 1 out of 2 recommendations trigger action at mid-term

• Numerous CSO Coalitions have been created

• Despite often complex situations, cooperation has been established

• In Kenya, the National Policy and Action Plan for Human Rights was adopted in December 2015

• The death sentences were commuted in October, 2015

Successes of the UPRThe UPR has been successful as…

• No official follow-up mechanism

• No fund for CSOs

• Vague recommendations (36% specific <S26)

• Takes place every 5 years, limited space for subsequent discussions at the international level

• “Persistent non-cooperation” remains to be defined

ShortcomingsThe UPR has had several shortcomings because…

Conventions Treaty-bodies

International Covenant on Civil and Political Rights (ICCPR) Human Rights Committee

International Covenant on Economic, Social, and Cultural Rights (IESCR) Committee on Economic, Social, and Cultural Rights

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Committee on the Elimination of Racial Discrimination

Convention on the Rights of the Child (CRC) Committee on the Rights of the Child

Convention on the Elimination of Discrimination Against Women (CEDAW)

Committee on the Elimination of Discrimination Against Women

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Committee against Torture

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)

Committee on the Protection of the Rights of All Migrant Workers and Members of their Families

Convention on the Rights of Persons with Disabilities (CRPD) Committee on the Rights of Persons with Disabilities

The UPR – A unique mechanismThe UPR Vs. Treaty bodies mechanism

Treaty State-Parties

ICESCR (1966),

ICESCR-OP (2008)

160

2

ICCPR (1966)

ICCPR-OP1 (1966)

ICCPR-OP2 (1989)

167

113

73

ICERD (1965) 174

CEDAW (1979)

CEDAW-OP (1999)

186

100

CAT (1984)

CAT-OP (2002)

147

57

CRC (1989)

CRC-OPAC (2000)

CRC-OPSC (2000)

193

139

142

ICMW (1990) 44

CRPD (2006)

CRPD-OP (2006)

96

60

ICED (2006) 18

The UPR - A unique mechanismStates parties

- Documents for review

- UPR Stakeholders

- Stages of the UPR

- PLEASE JOIN US THEN

Day IIThursday 11 June 11.00 Nairobi time

Gilbert Onyango – gilbertonyango2015@gmail.com

Terimah kasihNagodeImenaE seAhsante Sana

Thank you