Assessing the UPR: Bridging Research and Practice
Amidst the bustling corridors of the 55th Human Rights Council session, state delegates, members of civil society organizations (CSOs), and advocates from different countries participated in an event discussing the impact of the Universal Periodic Review (UPR) on the human rights protection system at the national level.
The event, titled 'The UPR and Domestic Human Rights Protection,' that took place on Monday 25th March 2024, was hosted by the Permanent Mission of Uruguay in partnership with the UPR Academic Network (UPRAN) and UPR Info.
During the event, speakers and participants emphasized the importance of meaningful engagement with the UPR process, recognizing its transformative potential in safeguarding human rights worldwide. Additionally, they underscored the need to highlight the impact and changes brought about by the UPR. Throughout the discussion the speakers had the opportunity to exchange their experiences, good practices and challenges in the UPR process.
One of the challenges faced by the UPR is the criticism regarding fears of scholars and practitioners that it could undermine recommendations from other mechanisms based on existing legal standards such as the Treaty Bodies mechanisms. As part of the UPRAN, Professor Elvira Domınguez Redondo (Kingston University) and Professor Rhona Smith addressed this concern by examining thematic recommendations each state received during the period of the third cycle of the UPR. They observed over 50% alignment between the UPR and recommendations from Treaty bodies, and noted that this correlation is now shifting towards the Sustainable Development Goals (SDGs).
Professor Domınguez Redondo mentioned that her study employed a methodology that included analyzing five countries, with more emphasis on those receiving the most recommendations from Treaty Bodies such as Ukraine, Italy, Ecuador, and Qatar. She noted that challenges persist, including non-standardized language and missing data. Nevertheless she recorded the standardized language across recommendations on specific topics such as those pertaining to the criminalization of abortion. Despite these challenges, Professor Domınguez Redondo stressed that the UPR has yielded significant indexable data, suggesting the potential to standardize language alignment.
“I have no doubt that the UPR is the best way to domesticate international human rights norms and to translate them into consistent laws and practices in a process involving different branches of the government and multiple other national stakeholders”, said Gianni Magazzeni, former Chief of the UPR Branch, OHCHR, and UPR Info Board Member.
Dr. Damian Etone (University of Stirling) highlighted the role of the UPR in transitional justice, exemplified by cases in Burundi and South Sudan. In these cases, the UPR served as a platform for promoting accountability in post-conflict environments, renewing visibility for recommendations, and contributing to peace by providing crucial data and fostering dialogue. Many recommendations have addressed transitional justice and according to Dr. Etone, the UPR’s contribution to transitional justice is evident in three key elements: firstly, the frequency with which issues are raised indicates focus and amplifies accountability and reparations mechanisms; secondly, its capacity to capture a broad range of issues promotes a holistic approach, including criminal prosecution and accountability; finally, its specificity and targeted recommendations offer usability and guidance, making them more measurable in their impact.
The analysis and research conducted by scholars and academics are invaluable for gaining a better understanding of the UPR as a human rights mechanism and identifying how states and other stakeholders engage with it to implement recommendations. In this regard, UPRAN has gathered experts to disseminate the outcomes of their research in a publication entitled "Human Rights and the UN Universal Periodic Review Mechanism- A Research Companion".
The event provided an opportunity to offer recommendations to states, and civil society members. Aligned to this objective, Dr. Louisa Ashley (Leeds Law School) focused her intervention on the role of the UPR in promoting and protecting peasants' rights. Despite initial controversy and a lack of significant support, she emphasized the ongoing need for advocacy and support for the UN declaration concerning peasants' rights. Dr. Ashley urged state delegations to increase awareness for peasants' rights through the UPR and more specifically she recommended that states which voted in favor of the Declaration of Rights of Peasants should focus on implementing active measures to support these rights.
Additionally, Dr. Ashley suggested that these states should table advanced questions, particularly targeting those who voted against the Declaration, in order to initiate dialogue and urge reconsideration of their position. In addition, recommendations were extended to CSO, emphasizing the importance of their continued advocacy for the rights of peasants in the framework of the UPR. Furthermore, UPR Info received a specific recommendation to include peasants as a distinct label within the UPR Info database. This step would aim to enhance visibility and recognition of peasants' rights issues, facilitating more comprehensive monitoring and reporting within the UPR framework.
Overall, the event highlighted the importance of ongoing collaboration and dialogue among stakeholders to ensure that the UPR remains a robust mechanism for promoting human rights and driving positive change at both national and international levels.