By
20 November 2007, stakeholders i.e. NGOs and National Human Rights Institutions
from the countries being considered during the first session of the UPR in
April 2008 had to submit stakeholders' submissions. Three Asian countries
having substantial indigenous peoples i.e.
The United Nations General Assembly resolution 60/251 authorising establishment of the UN Human Rights Council - a body at par with other main
bodies of the UN sought to address the failure of the Commission on Human
Rights - selectivity and politicization while addressing human rights
violations. The General Assembly resolution 60/251 provided that the Human
Rights Council while "addressing situations of violations of human rights,
including gross and systematic violations, and make recommendations
thereon" "shall be guided by the principles of universality,
impartiality, objectivity and non-selectivity, constructive international
dialogue and cooperation, with a view to enhancing the promotion and protection
of all human rights, civil, political, economic, social and cultural rights,
including the right to development".
Thus
the Universal Periodic Review (UPR) mechanism which will conduct its
examination "based on objective and reliable information, of the
fulfillment 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" and that "the review shall be a cooperative mechanism,
based on an interactive dialogue, with the full involvement of the country
concerned and with consideration given to its capacity-building needs".
In
its resolution 5/1 on
The
Working Group of the HRC on UPR will consider its examination based on three
key documents: (1) 20 page submission of the State concerned; (2) 10 page
compilation of information prepared by the Office of the High Commissioner for
Human Rights (OHCHR) based on the information contained in treaty bodies,
Special procedures etc and other relevant UN documents and (3) additional 10
page credible and reliable information of the Stakeholders prepared by the
OHCHR.
The
final "Outcome Document" of the UPR will be adopted by the plenary of
the Council. It may include among others an objective and transparent
assessment of human rights situation including positive developments and the
challenges faced by the country, best practices, voluntary pledges of the
country under consideration etc. The subsequent review shall focus inter-alia on the implementation of the preceding outcome.
Majority
of the civil society organizations could not follow the year-long negotiations
at the Human Rights Council on the institution building. Most remain unaware of
the Human Rights Council and its mechanism. When the OHCHR came up with the
deadline for making stakeholders' submission by 20 November 2007, most regional
and national NGOs were unprepared. There was serious lack of time, no past
precedence. Often marginalised groups suffer.
Asian
Indigenous and Tribal Peoples Network sought to address these gaps and made
submissions on
UPR
might be a watershed in the history of the UN in terms of scrutinising human rights records of the member States. It might also be all brouhaha. Only
time will tell but OHCHR's 20 page will remain
crucial.
