Th Universal Periodic Review

Main title

Subheading The Universal Periodic

Review: Have your say on the governments human

rights record

About BIHR

We are an independent national charity aiming to bring human rights to life in the UK – in particular as a tool to promote social justice and tackle inequalities by:

• Raising awareness of human rights

• Building capacity with to use human rights „out of the

court room‟

• Influencing policy change

About the EHRC

• Ensure people are aware of their rights and

how to use them

• Work with policymakers, lawyers and the

Government to make sure that social policy

and the law promote equality and human rights

• Conduct official inquiries

• Work with employers, service providers and

organisations to help them develop best

practice

• Monitor human rights situation and

provide evidence to the UN

Civil Society Engagement in the

Universal Periodic Review (UPR)

Today’s Agenda:

1. To introduce the UN human rights system

broadly (overview) and specifically the UPR

process and upcoming review timeframe

2. To explain the importance of the process

and the key role the VCS

3. To stimulate discussion and ideas on key

human rights issues/concerns and how these

can be raised with the UN

4. Next steps and planning

Background to today

• UK Government being reviewed by UN next year-

Organisations can also join the submission . Opportunity to

hold UK government to account, raise concerns and give

recommendations

• Low levels of awareness amongst VCS of the rights

signed up to and the monitoring mechanisms

• The Equality and Human Rights Commission (EHRC)

has commissioned the British Institute of Human Rights

(BIHR) to build capacity encourage independent submissions

and discuss domestic impact.

– BIHR will hold three events: Cardiff (20 October),

Leeds (31 October) and London (2 November).

– BIHR will produce a submission from these events and

our core work. You are encouraged to join us or

submit your own

Why is this important?

Your chance to comment on the

Government’s human rights record!

• The information provided to the UN by NGOs

allows for specific recommendations for the

Government

• These recommendations can be used to lobby and

raise awareness of your issues.

• It requires advanced planning as happens every 4

years and requires regular monitoring in-between

Why are you important?

• The UPR can only consider issues brought up in

the review. It is therefore important that human

rights issues are exposed to ensure that the UPR

is as thorough as it can be.

• The VCS can shine a spotlight on gaps in

protection and tell the human stories behind the

issues, particularly of the most vulnerable.

• The human rights machinery will not work

properly without VCS cooperation.

• Your information can help to find solutions by

influencing the recommendations given to the

government by the UN working group.

Main title

Subheading The Universal Periodic

Review: Have your say on the governments human

rights record

The Universal Periodic Review

“…..to improve the human rights situation in all countries and address human rights violations wherever

they occur.”

• The UPR was created through the UN General Assembly

on 15 March 2006 by resolution 60/251,

• Involves a review of the human rights records of all 192

UN Member States once every four years under the

Human Rights Council,

• Assesses the extent to which governments respect human

rights including their obligations as set out in: UN

Charter, UDHR and Ratified Treaties

• Provides the opportunity for each State to declare what

actions they have taken to improve the human rights

situations in their countries and to fulfill their human

rights obligations.

What are the reviews based on?

It is a cooperative process based on:

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 NGOs (you/us) and national

human rights institutions (NHRIs).

Key UN roles in the UPR process

• UPR working group, which consists of the 47

members of the Human Rights Council, oversees the

review.

• The „troika‟, consisting of three country representatives,

act as rapporteurs and take written questions in

advance of the review as well as preparing the report

to be submitted to the Human Rights Council.

• The UN Office for the High Commissioner for

Human Rights (OHCHR), the UN body responsible

for promoting human rights and the secretariat for the

Human Rights Council, gathers and collates the views

of the voluntary and community sector and civil

society directly, as well as those of the a National

Human Rights Institutions (NHRIs)

Role of National Human Rights

Institutions (NHRI‟s)

• National Human Rights Institutions (NHRI)

are UN- initiated bodies whose role it is to

independently monitor human rights

• Accredited according to the Paris Principles:

UK has 3 A status NHRIs: EHRC, NIHRC,

SHRC

• Core principle: independence from

government, NGOs, business etc.

• Core duties: Monitor, promote and protect

Human Rights

What is the EHRC doing?

• Inform on and promote the UPR process (web

site, mainstream in our projects/events, BIHR

project)

• Encourage government to consult widely (advise

on, engage with and disseminate information on

the consultation process)

• Provide an independent evidence-based

submission to the OHCHR

• Keep momentum between the submission and

the examination

• Following up on recommendations

Main title

Subheading The Review Cycle

Calendar:

21st Nov: Deadline for NGO submissions:

Oct 2011- Feb 2012: Govt Consultation with NGOs

May 2012: Oral examination and review of UK

June 2012: The working group produces a draft outcome report and the UK has

opportunities to make comments.

June- September 2012: The working group submits recommendations and a summary to the full

Human Rights Council.

The UK government may produce a written response to each

recommendation known as the Addendum.

September/October

2012:

Presentation of the UK‟s UPR report

the UK response to the review and statements from the NHRIs and NGOs

with UN ECOSOC status.

The UPR report is adopted.

November 2012- 2016 Government has to raise awareness of the recommendations, implement them

and report on their progress in the next cycle (2016)

Civil society begin influencing using recommendations and monitoring next

phase

Mid- term review (from Government and NHRIs) due in 2014

Key points of NGO participation:

Report:

• Send submission

Influence:

• Participate in the Govt consultation

• Lobby member states (working group or

Troika)

Examination

• Attend examination (if ECOSOC status)

• Give oral statements after the examination

Monitor

• Monitor the implementation between reviews

Guidelines for NGO submission

“Additional, credible and reliable information”

1. Highlight key human rights violations or trends

2. Highlight good and bad practice

3. Give recommendations,

4. No more than 5 pages

5. In official UN language (English)

• OHCHR will prepare a summary of such information

• The reports will be used to inform

questions/recommendations

http://www.ohchr.org/EN/HRBodies/UPR/Documents/

TechnicalGuideEN.pdf

Main title

Subheading The last UK review (2008)

Key themes from previous review:

2008

• Older people

• Asylum and refugees

• Freedom of expression

• Prisons/detention

• Counter-terrorism

• Disappearances

• Overseas territories and Armed forces

abroad:

• Missing themes?

Recommendations from 2008:

1: To set up a strategic oversight body, such as a commission on

violence against women, to ensure greater coherence and more

effective protection for women. (India)

8: Provide further information with regard to efforts to reduce

poverty among children by half by 2010.

17: To provide more care and attention to the rights of the elderly.

(Canada)

15: Harmonise its legislation with its human rights obligations towards

individual protesters exercising their freedom of expression and

opinion and to curtail excessive pre-trial detention.”

21. To protect the children and families of migrants and refugees

(Algeria, Ecuador);

More Information:

www.ohchr.org

www.upr-info.org/

Afternoon Session:

Focus Groups:

1. Discuss potential human rights

issues and corresponding

recommendations

BIHR‟s report structure

1. Respecting human rights: Highlight incidents

of breaches or violations of human rights e.g.

older people in hospitals or residential homes

not being properly cared for

2. Protecting human rights: Highlight issues

when human rights have been neglected, e.g.

police failing to take reasonable action to protect

potential victims of hate crime or domestic

violence

3. Fulfilling human rights: Highlight where laws,

policies or procedures need to be in place – or

are in place but are not being adequately e.g.

Lack of policies to ensure child poverty targets

met, withdrawal of Legal Aid, potential repeal of

the Human Rights Act*

EHRC report structure

Rationale – evidence, added value, new developments

Structure – These are the headings of the most recent OHCHR summary. The EHRC is going to use this template and focus on the first two headings for reasons of space

• Background and Framework– policy and legal issues • Promotion and protection on the ground – implementation

and reporting • Achievements best practices and constraints • Key national priorities, initiatives and commitments • Capacity building