Week 16

• Article 1(3) of the UN Charter states that a purpose of the United Nations is to promote and encourage respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion
• Human rights cut across each field of the UN’s work, and the UN has been involved in their promotion and protection through legal instruments and on-the-ground activities
• The UN Charter system is political and universal, while the UN Treaty system imposes legal obligations on State parties with limited reach
• The principal organs of the United Nations include the General Assembly, Human Rights Council, Third Committee, Security Council, Economic and Social Council, International Court of Justice, and the Secretariat with the Office of the High Commissioner for Human Rights
• The core treaties in the UN Human Rights Treaty System include conventions such as the International Covenant on Civil and Political Rights, Convention on the Rights of the Child, and Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
• General comments in the UN Human Rights Treaty System clarify treaty requirements, make the treaty body's experience available to all State parties, and suggest improvements in the reporting procedure
• Challenges in the UN Human Rights Treaty System include ratification, declarations and reservations, the composition and role of Committees, quantity and quality of state reports, individual petitions, implementation, sanctions, and resources
• The Office of the High Commissioner of Human Rights (OHCHR) and the Human Rights Council (HRC) are key components of the UN Charter-based system for human rights protection
• The OHCHR, established in 1993, is responsible for UN human rights activities, while the HRC, established in 2006, replaced the UN Commission on Human Rights and is responsible for human rights issues
• The HRC promotes universal respect for human rights, addresses violations, coordinates human rights within the UN system, and engages in activities like standard-setting, dialogue, technical assistance, and monitoring
• Special Procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from thematic or country-specific perspectives
• The United Nations Human Rights Office (OHCHR) was established in 1993 by the UN General Assembly and is headquartered in Geneva, Switzerland

  
• The OHCHR has a presence in over 100 countries and works to promote and protect human rights through various means, including investigating human rights violations, providing technical assistance to governments, advocating for human rights at the UN and other international fora, and raising awareness of human rights issues through education and outreach
• The OHCHR is an important part of the UN's human rights machinery and plays a vital role in promoting and protecting human rights around the world
• The UN Human Rights Council, with the support of OHCHR Special Procedures, undertakes various actions to hold states accountable, such as country visits, addressing individual cases of alleged violations, conducting thematic studies, and raising public awareness
• The UN Human Rights Council's Complaint Procedure, based on Human Rights Council Resolution 5/1 (2007), addresses consistent patterns of gross and reliably attested violations of all human rights and fundamental freedoms worldwide
• During the Public Debate, the UN Human Rights Council may provide advisory services, adopt resolutions, ask governments to respond to allegations, appoint independent experts, and more, which can influence foreign policy and generate media coverage
• The Universal Periodic Review is a State-led mechanism that assesses the human rights situations of all UN Member States, aiming to improve human rights situations, fulfill state obligations, share best practices, and encourage cooperation in human rights promotion and protection
• The UPR is based on the UN Charter, Universal Declaration of Human Rights, human rights instruments, voluntary pledges, and applicable international humanitarian law
• The UPR promotes the universality, interdependence, indivisibility, and interrelatedness of all human rights, and is conducted in an objective, transparent, non-selective, constructive, non-confrontational, and non-politicized manner
• The UPR's working methods include the preparation of reports, interactive dialogues, stakeholder reports, a working group, a troika, follow-up, and implementation primarily by the State concerned and other relevant stakeholders
• The UPR process involves phases like the preparation of reports, interactive dialogues, adoption of reports by the Human Rights Council, and follow-up, aiming to improve the human rights situation on the ground
• UPR Importance:

  • Universal: Reviews human rights in all 193 UN Member States.
  • State-driven: States assess each other's human rights records and issue recommendations.
  • Strong commitment: Demonstrated by high-level representation and timely reporting.
  • Positive peer pressure: States accept scrutiny and support majority of recommendations.
  • Accountability: States are held accountable for progress and failure; 48% of recommendations were implemented halfway through the 1st cycle
• What is the normative basis for the UPR?

  1.  The United Nations Charter.
  2. The Universal Declaration of Human Rights.
  3. Human rights instruments to which the State is a party, voluntary pledges and commitments by the State and applicable international humanitarian law.
• Who carries out the review during the UPR cycle?

  Answer: The Working Group, composed of the 47 members of the Human Rights Council.
• The Special Procedures cannot take action on individual cases.