UNITED NATIONS HUMAN RIGHTS COUNCIL AND

UNIVERSAL PERIODIC REVIEW

WEEK 2 (CONT…)
THE
UNITED
NATIONS
FROM  The Commission, precursor to the Council, was established
in 1946 by the Economic and Social Council (ECOSOC).
COMMISSION  Operated for 60 years and was instrumental in creating the
ON HUMAN international framework for protection of human rights

RIGHTS TO  However, later years- resulted in lots of criticism.

RIGHTS  Voting pattern reflected a North-South Divide

COUNCIL
NOTE BY SECRETARY
GENERAL, FOLLOW UP ON
THE MILLENNIUM SUMMIT
(A/59/565), 2004
NOTE BY SECRETARY GENERAL,
FOLLOW UP ON THE
MILLENNIUM SUMMIT (A/59/565),
2004
THE UN HUMAN
RIGHTS COUNCIL

 Resolution 60/251
THE UN HUMAN RIGHTS COUNCIL
RESOLUTION 60/251
THE UN HUMAN
RIGHTS COUNCIL
RESOLUTION 60/251
  Can organise three types of Meetings: Organising Meetings,
Working Sessions and Special Sessions
 Special Procedures- Inherited from the Commission

FUNCTIONS OF  The Advisory Committee of the Council- acts as a Think

 Used by the Council to investigate and address either the human rights situation in a particular country (country
situation) or a particular global human rights problem (thematic concern).
 When the Council identifies the existence of such a country or a theme it is entitled to establish a Special
Procedure mandate by way of a resolution
 Following creation of a mandate, the Council appoints an expert (Special Rapporteur) or a working group (usually
consisting of five experts) to investigate, examine, monitor, advise, publicly report, and make recommendations to
the Council on the subject of their mandate
COMPLAINTS PROCEDURE

 Council’s Complaint Procedure is more victim-oriented in response to criticisms of the former process.
 The principles of the new complaints' procedure include confidentiality, impartiality, objectivity, and efficiency. The
procedure allows victims, or those aware of the existence of victims, to draw human rights violations to the attention
of the Council by sending a communication detailing their complaint.
 Two working groups of five persons deal with such complaints: the Working Group on Communications and the
Working Group on Situations.
 The Working Group on Communications screens out inadmissible complaints and passes admissible ones to the state
concerned for comment. A complaint is inadmissible if it is manifestly politically motivated; the object of the
complaint is not consistent with the applicable human rights law; the complaint does not contain a factual description
of the alleged violation and the rights that were violated; the complaint contains abusive language; the complaint was
not submitted by an identified individual or group that asserts direct and reliable knowledge of the violation
COMPLAINTS PROCEDURE

 The complaint is already being dealt with by a Special Procedure, a treaty body or regional human rights complaint
mechanism; or domestic remedies have not been exhausted (provided effective remedies exist and are not unreasonable
prolonged)
 After receiving a response from the state—or not receiving a response as the case may be—the Working Group
assesses the merits of the complaint in order for appropriate cases to be forwarded to the Working Group on Situations.
The Working Group on Situations, in private session, meets with the Council in order to present the latter with a report
on consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms, discuss the
contents of the report and make recommendations to the Council on the course of action it should take in response to
the allegations—normally in the form of a draft resolution or decision. The Council may then decide to dismiss the
complaint, keep the situation under review, appoint an expert to investigate and report back to the Council, discontinue
private consideration to take up public consideration (if the state is not cooperating with the Council), or recommend
THE UNIVERSAL
PERIODIC REVIEW
 Resolution 60/251
THE UNIVERSAL PERIODIC REVIEW

 The objectives of the UPR are to increase compliance with human rights obligations, assess the challenges faced
by states, provide capacity building through technical assistance and sharing of best practices, support cooperation
as a tool to protect and promote human rights, encourage full support for the Council and other human rights
bodies, provide an opportunity for states to declare what actions they have taken in respect of human rights in their
country, and remind states about their obligations.
 UPR occurs over a four-and-a-half year cycle and States are considered in alphabetical order from the different
geographical groups
THE UNIVERSAL PERIODIC REVIEW

 The documentation for the UPR consists of three key reports: (i) a national report of up to twenty pages prepared
by the state containing relevant information as outlined and encouraged by guidelines from the Council; (ii) a ten-
page report by the OHCHR compiling all relevant information from treaty bodies, special procedures and other
UN documents; and (iii) an OHCHR summary of information received from stakeholders, also not to exceed ten
pages.
 These documents are reviewed by a working group comprised of all members except the country being reviewed,
chaired by the President of the Council
 A troika of three rapporteurs (appointed based on geographical representation and drawing of lots) facilitate the
process and prepare the review. They present a report for adoption by the working group. All of the review takes
place in a time period of three hours per country within the working group and another hour for consideration of
the outcome by the Council
THE UNIVERSAL PERIODIC REVIEW

 The outcome report summarizes the assessment of country situation, including positive developments and
challenges, provides conclusions and/or recommendations and the voluntary commitments of the state concerned.
The state is given the opportunity to reply before the working group adopts of the outcome report.
UNIVERSAL
PERIODIC REVIEW
THE UN HUMAN RIGHTS
MECHANISM FOR IMPLEMENTATION
OF OBLIGATIONS AND
ACCOUNTABILITY
INDIA’S NATIONAL
REPORT TO UPR III
INDIA’S NATIONAL REPORT TO UPR III
INDIA’S
NATIONAL
REPORT TO
UPR III
INDIA’S NATIONAL
REPORT TO UPR III
INDIA’S NATIONAL
REPORT TO UPR III
PROBLEMS WITH
RECOMMENDATION
S