Human rights reporting

Question 1

Why was the universal periodic review system created?

Answer 1

• one of the more significant changes brought by the council reform
• it was a direct response to concerns that some countries were shielded from scrutiny or were ignored altogether by the commission, as well as the fact that the body was too under-resources to focus on anything other than the gravest of violations
• some states where never scrutinized at all, some strongly opposed to the commission’s monitoring (refusing entry of experts, ignoring requests etc.) where this conflicted with national aims
• for the council to overcome the commission’s failings, states’ attitudes towards human rights had to change, and peer review was a proposal to fix this

Question 2

When do the universal periodic reviews take place?

Answer 2

• every 4 1/2 years
• in Geneva, outside regular sessions in the Council
• 3 reviews per year, covering 48 states
• each UPR working group session reviews 16 states

Question 3

State cooperation is an essencial part of the universal periodic review process, why is this a negative thing?

Answer 3

States that need the most external scrutiny, are the ones that are less likely to cooperate, and is therefore also less impacted by the UPR process (ex. North Korea)

Question 4

What can happen if a state does not cooperate under the universal periodic reviews?

Answer 4

• Generally, it has been accepted that states are obligated to participate in the process, but if they do not, there is no provision that deals with a state that does not engage with this mechanism
• so far, only one state has refused this (Israel), and it resolved itself fairly quickly in the end
• it could lead to a domino effect where one state refuses and others follow

Question 5

Is the universal periodic review system a perfect system?

Answer 5

It was intended to combate politicization, however the system itself can be subjected to this because states can refuse to answer questions and answer questions selectively. States also rely on allies to deliver positive appraisals rather then targeted questions. In addition, states can accepts which recommendations they want to accept or not. It is also a system that largely relies on the states willingness to cooperate and implement recommendations, which limits the effective protection of human rights.

Question 6

What are special sessions?

Answer 6

• a new mechanism under the Council
• aims at fulfilling the body’s protection mandate and enabling the Council to respond swiftly to grave and escalating situations outside

Question 7

Why were special sessions created?

Answer 7

A main failing of the Commission was that its annual sessions allowed neither the time nor the dexterity to deal with crisis situations.

Question 8

What is the outcome of the UPR in the human rights council?

Answer 8

• interactive discussion between the state and other UN member states
• outcome report: summary of discussion and recommendations made by state to the country under review, the recommendations are either accepted or noted by the state under review