Yet, for this mechanism to be fully efficient, FIDH wishes to insist on a number of safeguards, that need to be developped in the context of the fine-tuning of its functionning, and that will contribute to avoiding selectivity and arbitrariness. These are notably the appointment of experts within of the delegations composing the UPR working group and the monitoring of the technical cooperation potentially deployed subsequent to the Review [1].
1.Strengthening the modalities of the review : countries should designate human rights experts within their delegation to the UPR working group.
Paragraph 16 of the institution building document foresees that « the review shall be conducted in one working group, chaired by the President of the Council and composed of the 47 members States of the Council. Each member State will decide on the composition of its delegation ».
FIDH recommands to appoint independent experts in States’ delegations at the UPR. Indeed, the analysis supplied by independent human rights experts during the preparation of the review is essential in order to reach a consistent and objective process for every State. Moreover, the involvement of human rights experts establishes also an important safeguard against the politicisation of the debates or of the choice of situations to be acted upon.
2.Ensuring an effective and results-based and outcome : monitorig results
Paragraph 24 of the institution building document, sets the content of the outcome of the review, specifying that it may include:
a) An objective and transparent assessment of the human rights situatution in the reviewed country, including positive developments and the challenges faced by the country;
b) Best practices;
c) An emphasis on enhancing cooperation for the promotion and protection of human rights;
d) Recommandations on the provision of technical assistance and capacity-building in consultation with, and with the consent of, the country concerned;
e) Voluntary commitments and pledges made by the country under review. »
The effectiveness of the Review will depend on results obtained subsequently on the ground. The content of the outcome should thus be framed to maximize such impact. To this end, FIDH would like to recommend the following:
– the outcome of the review should focus on measures that can be easily implemented without financial or technical support. These can include the invitation of Special procedures, the enacting or suppression of a specific piece of legislation, the abrogation of discriminatory measures, the release of prisoners of opinion or re-judgment of arbitrarily detained prisoners, etc. Substantial progress can be realised, that do not require technical assistance.
– Should technical assistance be required, it should be deployed with provisions for an independent monitoring of the results of the programme. Such monitoring could be carried out by the OHCHR or the UN country team. It should be deployed systematically, for each technical cooperation programme. The results of the monitoring should be made public, in line with the principle of transparency of the UPR. It would serve, inter alia,
- to ensure that the technical assistance reaches its objectives of improving the human rights situation locally, and propose corrective measures for follow-up;
- to develop donor confidence in the programmes and consequently increase the financial amounts available for them;
- through their systematic nature, to ensure that progress-monitoring is no subject to negotiation from the concerned country.
Finally, on certain occasions, the follow-up to the outcome might require more robust follow-up measures. Indeed, in situations where a country persistently refuse to cooperate with UN special procedures, as well as in cases of grave violations of human rights, members of the UPR working group should recommend the nomination of specific country rapporteurs. This would indeed ensure a more adequate monitoring of the follow-up of the gravest and most problematic situations.
For more information related to the present, please contact :
Antoine Madelin ; Director for the intergovernmental organisations ; (+32)26094422 , amadelin[at]fidh.org
Julie Gromellon , FIDH Liaison officer , (+41)793312450 , jgromellon[at]fidh.org