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LAW event

Improvement of national human rights situation: The role of Universal Periodic Review (UPR)

Mahdy Hassan
HE Universal Periodic Review (UPR) is a unique process that involves a review of the human rights records of all UN Member States once
every four years. The UPR is a significant innovation of the Human Rights Council that is based on equal treatment for all countries. It provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights. The UPR also includes a sharing of best human rights practices around the globe. The UPR was established when the Human Rights Council was created on 15 March 2006 by the UN General Assembly in resolution
60/251. This mandated the Council 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”. On 18 June 2007, one year after its first meeting, members of the new Council agreed to its institution-building package providing a road map guiding the future work of the Council. One of the key elements of this package was the new Universal Periodic Review. The ultimate goal of UPR is the improvement of the human rights situation in every country with significant consequences for people around the globe. The
UPR is designed to prompt, support, and expand the promotion and protection of human rights on the ground. To achieve this, the UPR involves assessing States' human rights records and addressing human rights violations wherever they occur. The UPR also aims to provide technical assistance to States and enhance their capacity to deal effectively with human rights challenges and to share best practices in the field of human rights among States and other stakeholders. All UN Member States will be reviewed every four years - with 48 States reviewed each year.
All the 47 members of the Council will be reviewed during their term of membership. On 21 September 2007, the Human Rights Council adopted a calendar detailing the order in which the UN Member States will be considered during the first four-year cycle of the UPR (2008-2011). The reviews will take place during the sessions of the UPR Working Group that will meet three times a year. The reviews are conducted by the UPR Working Group which consists of the 47 members of the Council; however, any UN Member State can take part in the discus-
sion/ dialogue with the reviewed States. Each State review is assisted by groups of three States, known as “troikas", who serve as rapporteurs. The selection of the troikas for each State review is done through a drawing of lots prior for each Working Group session. The documents on which the reviews are based are; 1) information provided by the State under review, which can take the form of a "national report"; 2) information contained in the reports of independent human rights experts and groups, known as the Special Procedures, human rights treaty bodies, and other UN entities; 3) information from other stakeholders including nongovernmental organizations and national human rights
institutions. Reviews take place through an interactive discussion between the State under review and other UN Member States. This takes place during a meeting of the UPR Working Group. During this discussion any UN Member State can pose questions, comments and/or make recommendations to the States under review. The troikas may group issues or questions to be shared with the State under review to ensure that the interactive dialogue takes place in a smooth and orderly manner.
The duration of the review will be three hours for each country in the Working Group. The UPR will assess the extent to which States respect their human rights obligations set out in: (1) the UN Charter; (2) the Universal Declaration of Human Rights; (3) human rights instruments to which the State is party (human rights treaties ratified by the State concerned); (4) voluntary pledges and commitments made by the State (e.g. national human rights policies and/or programmes implemented); and, (5) applicable international humanitarian law. Following the State review by the Working Group a report is prepared by the troika with the involvement of the State under review. This report, referred to as the “outcome report", provides a summary of the actual discussion. It therefore consists of the questions, comments, and recommendations made by States to the country under review, as well as the responses by the reviewed State. During the Working Group session half an hour is allocated to adopt each of the "outcome reports” for the States reviewed that session. These take place no sooner than 48 hours after the country review. The reviewed State has the opportunity to make preliminary comments on the recommendations choosing to either accept or reject them. Both accepted and refused recommendations are included in the report. After the report has been adopted, editorial modifications can be made to the report by States on their own statements, within the following two weeks. The report then has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the
review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for NGOs and other stakeholders to make general comments. The State has the primary responsibility to implement the recommendations contained in the final outcome. The UPR ensures that all countries are accountable for progress or failure in implementing these recommendations. When it comes time for the second review of a State, they must provide information on what they have been doing to implement the recommendations made during the first review four years earlier. The international community will assist in implementing the recommendations and conclusions regarding capacity-building and technical assistance, in consultation with the country concerned. If necessary, the Council will address cases where States are not cooperating.
Bangladesh's first Universal Periodic Review took place on February 3,2009 in Geneva. The Second UPR will be held in 2013, and most likely before the term of the current Government ends. At that time, Bangladesh will face the members of the Human Rights Council and the world, and account for progress made or not made until the review date. In order to improve the report for Bangladesh, The National Human Rights Commission, Bangladesh is in cooperation with UNDP, DANIDA, SIDA and SDC, has been conducting a series of Consultation Meetings and Workshops since February 2012, on the follow up of the Working Group Recommendations on UPR by the UN Human Rights Council (during its 1st cycle of review in 2009). Still now, the Commission has conducted seven-consultation program on different issues like institutional development, Ratification of UN Human Rights Treaties and Reporting to treaty Bodies, Vulnerable Group of the Country, Civil, and Political rights, Economic, Social, and Cultural Rights. Professor Dr Mizanur Rahman, the Chairman, NHRC, Bangladesh, said UPR was a state-driven process, providing each state the opportunities to display steps taken to improve the human rights situation. He also said the government was committed to the international community in fulfilling its obligation to ensure human rights.
The writer is a student of Law, University of Dhaka.