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Brief
Background
Brunei Darussalam, along with other 15
countries* will undergo a review on their
human rights records based on a newly
established cooperative mechanism called
“Universal Periodic Review” (UPR). The
review will take place at the 6th session of
the Working Group that will begin on 30
November – 11 December 2009 in Geneva,
Switzerland.
The Universal Periodic Review (UPR)
was created when the new Human Rights
Council (HRC) was established by the
United Nations General Assembly on 15 March
2006 through its resolution 60/251. It also
outlines the mandates entrusted to the Human
Rights Council, its 47 membership and the
UPR mechanism. The General Assembly also
decides that the HRC shall review its work
and functioning five (5) years after its
establishment and report thereon.
This mechanism 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.
Note: *Côte d’Ivoire; Democratic Republic
of the Congo; Equatorial Guinea; Eritrea;
Ethiopia; Bhutan; Cambodia; Cyprus;
Democratic People’s Republic of Korea; Costa
Rica; Dominica; Dominican Republic; Norway;
Portugal; Albania
For full UPR - Timetable of Countries ,
please click here For full UPR - Timetable
of Countries , please click
here.
Quick References
What is the Universal Periodic Review?
The Universal Periodic Review (UPR)
is a unique process which involves a review
of the human rights records of all 192 UN
Member States once every four years. The UPR
is a significant innovation of the Human
Rights Council which 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. Currently, no other
mechanism of this kind exists.
How was the UPR established?
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 fulfilment 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 (A/HRC/RES/5/1) 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.
What is the goal of the UPR?
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.
When will States have their human rights
records reviewed by the UPR?
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 192 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 which will meet
three times a year. The first and second
sessions took place in April and May 2008,
respectively. The third review will take
place from 1 to 15 December 2008.
Who conducts the review?
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
discussion/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.
For more information on the current HRC
members, please link to:
http://www2.ohchr.org/english/bodies/hrcouncil/membership.htm
What are the reviews based on?
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 non-governmental organizations and
national human rights institutions.
How are the reviews conducted?
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.
Can non-governmental organizations (NGOs)
participate in the UPR process?
Yes. NGOs can submit information
which can be added to the “other
stakeholders” report which is considered
during the review. Information they provide
can be referred to by any of the States
taking part in the interactive discussion
during the review at the Working Group
meeting. NGOs can attend the UPR Working
Group sessions and can make statements at
the regular session of the Human Rights
Council when the outcome of the State
reviews are considered.
What human rights obligations are addressed?
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.
What is the outcome of the review?
Following the State review by the
Working Group a report is prepared by the
troika with the involvement of the State
under review and assistance from the OHCHR.
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.
How is the review adopted?
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.
What steps are taken as follow up to the
review?
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 1st review
four year’s 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.
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