Links to the Universal
Periodic Review
The Universal Periodic Review (UPR) is a
process whereby all States will have their
human rights record reviewed by the Human Rights Council every four-and-a-half
years. As a Human Rights Council mechanism, the review is conducted in Geneva
through a three-and-a-half hour session,
during which any state can ask questions
and make comments and recommendations to the State under review. The State
under review is also given the opportunity
to provide responses during the session.
While the Committee’s State review and
the Universal Periodic Review (UPR) processes both focus on analysing States’
national implementation of human rights
obligations, the two processes are very
different. This is especially due to the fact
that the UPR is a political rather than expert
process, where States make recommendations to each other based on a number of
different considerations that are not necessarily grounded in an expert analysis of the
national situation.
Nevertheless, the two processes can be
mutually reinforcing if used in the right
way. For instance, the UPR has proven to
be a strong mechanism for encouraging
States to ratify international human rights
documents and for making States submit
their reports to the relevant treaty bodies.
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Furthermore, the UPR can be used to put
more political weight behind implementation of treaty body recommendations by
States recommending implementation of
specific treaty body recommendations in
the UPR.
However, at the same time, it is important
to avoid that UPR recommendations dilute the recommendations made by treaty
bodies by oversimplifying the recommendations or making them less demanding.
In the context of a Committee’s State review, it may be relevant to bring up UPR
recommendations. However, this must be
done carefully to avoid unnecessarily politicising the treaty body expert process.
As a general rule, implementation of UPR
recommendations accepted by the State
should be addressed by the relevant treaty
bodies, which are in a better position to
make a technical assessment of how the
State is performing this commitment in
the context of its broader human rights
obligations. As for rejected UPR recommendations, it is important for NGOs to ensure
that these are addressed as a general issue
on implementing the Convention and not
as rejected recommendations. Otherwise,
there is a risk that the treaty bodies enter
a political arena where they do not belong.
Engaging with State reviews in the UN Committee against Torture: A practical guide
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