OBJECTIVE: to integrate human rights into all areas of UNHCR’s workIntegrate persons of concern into the human rights instruments and mechanismsSupply staff with human rights-protection tools, capacitate them to use these

WHY: Charter of the United Nations1993 Vienna Declaration & Program of Action 1997 Program for Reform & 2005 World Summit Outcome Persons of concern to UNHCR entitled to almost all rights set out in the international human rights instruments-Broader range of rights in IHR law than in IR law instruments-Progressive development of IHR law informs interpretation of RLHuman rights mechanisms as protection tools

Core international human rights instrumentsInternational Covenant on the Elimination of Racial

Discrimination (ICERD)International Covenant on Economic, Social, and Cultural

Rights (ICESCR)International Covenant on Civil and Political Rights (ICCPR)Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW)Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT)Convention on the Rights of the Child (CRC)International Convention on the Protection of the Rights of

All Migrant Workers and Members of their Families (CRMW)

Convention on the Rights of Persons with Disabilities (CRPD)

International Convention for the Protection of All Persons from Enforced Disappearance

Treaty-based bodies: the Treaty Monitoring Bodies

Charter-based bodies: the Human Rights Council and its Special Procedures and the Universal Periodic Review

What are they and who is in them?Created under the respective international

human rights instruments to monitor State parties' compliance with their treaty obligations

Committees of independent expertsNominated and elected by States partiesFour-year-long fixed, renewable mandatesElections for half of the members every two

yearsTreaty bodies receive support from Treaties

and Council Branch of OHCHR Geneva

Treaty Body

Monitors… Membership

Meets in…

CERD ICERD 18 Geneva

CCPR ICCPR 18 Geneva/NY

CESCR ICESCR 18 Geneva

CEDAW ICEDAW 23 Geneva/NY

CAT CAT 10 Geneva

CRC CRC & 2 OPs

18 Geneva

CMW ICRMW 10 Geneva

CRPD CRPD 12-18 Geneva

What do they do?Monitor State parties' compliance with their

treaty obligations Consider reports submitted by States Issue guidelines to assist with preparation of

reportsElaborate General Comments (or, in the case of

CERD and CEDAW, General Recommendations)Some may consider complaints from

individuals alleging violation of their rightsSome may conduct inquiries

Consideration of State parties’ reportsInitial report submitted by State party

Committee may receive information from other sources, e.g. UN agencies, international and regional organizations, NHRIs, NGO’s, academic institutions and media.

Some TMBs provide special role for UN agencies, i.e. CEDAW (art.22), CRC (art.25, in particular UNICEF) and ICRMW (art. 74 ILO)

Country Report Task Force (CRTF) draws up list of issues and questions to be fielded by State prior to consideration

Formal consideration: constructive dialogue

Some require presence of State delegation; some can proceed in its absence

Non-adversarial process

Concluding observations, recommendations with advice on further steps to improve implementation of treaty obligations

Periodic reports on implementation of observations, new recommendations

Reporting periodicityTreaty Initial report

withinPeriodic reports every

ICERD 1 year 2 years

ICESCR (ECOSOC’s discretion)

2 years 5 years

ICCPR 1 year 4 years (CCPR discretion)

CEDAW 1 year 4 years

CAT 1 year 4 years

CRC 2 years 5 years

CRPD 2 years 4 years

ICRMW 1 year 5 years

CRC-OPSC/OPAC 2 years 5 years of with next CRC report

Source: OHCHR Fact Sheet No. 30

Operation of the CommitteesCommittee Frequency of

meetingsStates under

review/session

CERD February & July-August

Approx. 11

CESCR April & November + pre-sessions

4-6

CCPR March, July and October

4-8

CEDAW January, June & October + pre-

sessions

8-13

CAT April-May & November

4-9

CRC January, May & September + pre-

sessions

8-15

CMW April & November 1-2

General Comments/Recommendations Interpretation of provisions in treatyWide range of subjects: from interpretation of

substantive provisions to general guidance on information to be submitted by States and e.g. the role of NHRIs

Compilation produced and updated regularlyThematic discussions (days of general

discussion) – CEDAW, CRC, CCPR & CESCR:Open to external participants (e.g. UN partners,

NGO’s and individual expertsOutcome may assist in drafting of new General

Comment

Individual ComplaintsAlso known as communications or petitionsAllowed by CCPR (1st OP), CERD (OP, art. 2),

CAT (art. 22) and CEDAW (art. 14); CMW (art. 77)

Only if State recognizes competenceCommittee’s decision not legally-binding Individuals, or third parties on their behalf,

may submit complaint, alleging violation of right(s) under corresponding treaty

Petitioner must have exhausted local remedies

Detailed procedure outlined by each treaty

InquiriesCAT and CEDAWIf receive reliable information of serious, grave or

systematic violations of the conventionsStates must recognize competence; may opt out:

CAT art. 28CEDAW art. 10 of Optional Protocol

Committee requests State to submit observationsDecides on designation of member(s) to conduct

urgent, confidential inquiry, make report; may include State visits

Examination by Committee and request for State observations; CEDAW six-month deadline

May, with State’s consent, include summary account of proceedings in annual report

Other treaty-based mechanismsOptional Protocol to CAT (OPCAT) seeks to

prevent torture and other forms of ill-treatment through a system of regular visits to places where persons are deprived of liberty

Subcommittee on Prevention (SPT): 10 independent practitioners of administration of justice, detention

First-ever visit in October 2007 (to Mauritius)

Observations, recommendations to State are confidential; made public if country agrees.

mandate complemented by national preventive mechanisms (NPMs).

State-to-State complaintsRarely usedCAT, CRMW, ICERD, ICCPRProcedure outlined by relevant treaty, e.g. ad

hoc Conciliation CommissionDisputes over interpretation or application of

convention (CEDAW, CAT and ICRMW): negotiation or arbitration; if both fail may submit to ICJ within six months

RelevanceTreaty bodies competent to examine extent to which

persons of concern to UNHCR enjoy rights set out in the treaties

Concluding Observations, recommendations as protection advocacy tools reflecting UNHCR’s recommendations

Concluding Observations as country-of-origin information

General Comments, recommendations provide guidance on scope , content of rights set out in treaties

Decisions in individual cases of concern to UNHCR can e.g. help prevent refoulement, further develop of standards

UNHCR input• Submission of confidential comments

highlighting extent to which person of concern (do not) enjoy rights under treaty before (pre-)session

• Oral summary of confidential comments during (pre-) session in closed meeting

• Provision of input into draft General Comments/ Recommendations

• Submission of confidential information on individual cases

Internal procedureRequest for input into Confidential Comments (CC’s) from

country-specialist colleagues : ca. 2-4 months before session

Draft input reviewed, edited by ‘human rights team’ in PPLA

CC’s submitted to Secretary of treaty body min. 2 weeks before session

Oral summary of CC’s delivered during closed meeting on first day of session

Monitoring of sessions by intern team

Feedback: summary of dialogue between Committee members and State delegation, OHCHR meeting summary

sent to colleagues in Field and Bureau

Upon publication, analysis of Concluding Observations

sent to colleagues in Field and Bureau

CRC/C/DOM/CO/2 1 February 2008

Original: English

UNEDITED VERSION COMMITTEE ON THE RIGHTS OF THE CHILD

Forty seventh session CONSIDERATION OF REPORTS SUBMITTED BY STATES

PARTIES UNDER ARTICLE 44 OF THE CONVENTION Concluding observations: DOMINICAN REPUBLIC 1. The Committee considered the second periodic report of the Dominican Republic (CRC/C/DOM/2) at its 1295th and 1296th meetings (see CRC/C/SR.1295 and CRC/C/SR.1296), held on 21 January 2008, and adopted at the 1313th meeting, held on 1 February 2008, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State party’s second periodic report, the detailed written replies (CRC/C/DOM/Q/2/Add.1) to its list of issues and the frank and open dialogue with a multisectoral delegation which enabled the Committee to have a clearer understanding of the situation of children in the State party. The Committee notes however that information on practical aspects of implementation was not sufficient. 3. The Committee appreciates the efforts made by the State party to submit its replies to the Committee’s list of issues in light of the significant recent natural disasters that have affected the country, including the tropical storms in the recent hurricane season. B. Follow-up measures undertaken and progress achieved by the State Party 4. The Committee notes with appreciation the adoption of legislative and other measures taken with a view to implementing the Convention, including:

(a) Law No.136-03 on the System for the Promotion and Rights of Children and Adolescents; and (b) The establishment of a National Council on Children and Adolescents.

5. The Committee also wishes to welcome the ratification of or accession to the:

(a) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography on 6 December 2006;

CRC/C/DOM/CO/2 Page 2

(b) Rome Statute of the International Criminal Court on 12 May 2005;

(c) Hague Convention No. 28 on the Civil Aspects of International Child Abduction on 11 August 2004; and

40. The Committee encourages the State party to adopt a procedure to acquire nationality which is applied to all children born in the Dominican Republic in a non-discriminatory manner and make sure that no child becomes stateless.

(d) Hague Convention No. 33 on Protection of Children and Co-operation in Respect of Intercountry Adoption on 22 November 2006.

C. Main subjects of concern and recommendations

1. General Measures of Implementation

(arts. 4, 42 and 44, paragraph 6 of the Convention)

Committee’s previous recommendations 6. The Committee notes that several concerns and recommendations made upon the consideration of the State party’s initial report (CRC/C/8/Add.48) have been taken up. However, it regrets that some of its concerns and recommendations have been insufficiently or only partly addressed, including those related to data collection, strengthening institutional coordination, resource allocations, non-discrimination, birth registration, ill-treatment and violence against children, protection from abuse and neglect and children in street situations. 7. The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that have not yet been implemented or sufficiently implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations. Legislation and implementation 8. The Committee welcomes the adoption of Law 136-03 on the System for the Promotion and Rights of Children and Adolescents which came into effect in 2005 establishing the Code on the System of Protection of the Fundamental Rights of Children and Adolescents. The Committee is concerned, however, at the slow establishment of the administrative structures created by Law 136-03 at all levels, particularly on the municipal and local level. 9. The Committee recommends that the State party fully implement Law No. 136-03 and take steps to restructure the judicial and administrative systems as required at all levels, including the provincial, municipal and local levels. The State party is urged to continue taking steps to implement a comprehensive policy on children’s rights, including by providing the necessary financial and human resources. The Committee also recommends that the State party ensure that other legislative reforms do not diminish the protection for children achieved in Law No. 136-03 and that the principles established therein are fully taken into consideration by all other legislation affecting children and adolescents. The self-assessment of implementation of Law No. 136-06 carried out in February 2007 and the Committee’s general comment no. 5 entitled General measures of 9. The Committee recommends that the State party fully implement Law No. 136-03 and take steps to restructure the judicial and administrative systems as required at all levels, including the provincial, municipal and local levels. The State party is urged to continue taking steps to implement a comprehensive policy on children’s rights, including by providing the necessary financial and human resources. The Committee also recommends that the State party ensure that other legislative reforms do not diminish the protection for children achieved in Law No.

79. The Committee recommends that the State party ensure a speedy processing of asylum applications and of temporary identity documents (constancia) and collects reliable data on these children. It also recommends that the State party provides access to the facilities and services to which children are entitled by the Convention on the Rights of the Child.

The Committee also reminds the State party of its obligation not to expulse children who are in the care of their family in the Dominican Republic and to make sure these children are not deported to a country where their protection is not guaranteed.

41. The Committee encourages the State party to ratify the 1954 Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, signed on 5 December 1961.

United Nations High Commissioner for Refugees Confidential Comments

Human Rights Committee 91st Session

15 October to 2 November 2007 Geneva

PANAMA Summary of UNHCR’s Suggestions We would like to suggest to the distinguished members of the Human Rights Committee ("the Committee") to consider the following issues, observations on (positive) developments and recommendations for further improvements to be reflected in the Committee's discussions and concluding observations and recommendations on the report submitted by Panama.

The members of the Committee may wish to welcome:

Issue 1: The National Assembly’s consideration of the need to regularize the legal status of long-term refugees;

Issue 2: The National Commission for the Protection of Refugee’s decision to grant refugee status to forty-seven indigenous persons who had fled persecution in Colombia and sought asylum in the Darien province;

Issue 3: The National Office for the Protection of Refugee’s involvement in UNHCR capacity-building initiatives, in particular training on international protection principles and national refugee procedures with police, migration and other officials at the border areas.

Furthermore, from a UNHCR perspective, it would be helpful for the conduct of our mandate functions and in support of our efforts to improve the situation of persons of concern to us, if the Committee recommended to the Government of Panama:

Issue 4: Continue consultations aimed at amending Executive Decree 23/1998 to be in accordance with international standards;

Issue 5: Adopt a law that allows refugees to regularize their legal status, enabling them to achieve local integration;

Issue 6: Amend the Law on Migration from 1960 so that persons of concern to UNHCR are provided with effective protection, in particular those identified within mixed migratory flows;

Issue 7: Improve basic components of the national refugee status determination procedure, such as fair and expeditious admissibility to the process, access to legal representation, and timely decisions on eligibility;

Issue 9: Ratify the 1954 Convention relating to the Status of Stateless Persons and the

Issue 1: The National Assembly’s consideration of the need to regularize the legal status of long-term refugees;

Issue 2: The National Commission for the Protection of Refugee’s decision to grant refugee status to forty-seven indigenous persons who had fled persecution in Colombia and sought asylum in the Darien province;

Issue 5: Adopt a law that allows refugees to regularize their legal status, enabling them to achieve local integration;

Issue 6: Amend the Law on Migration from 1960 so that persons of concern to UNHCR are provided with effective protection, in particular those identified within mixed migratory flows;

CCPR/C/PAN/Q/3 page 2 5. Please indicate whether there are any exceptions to the general prohibition on abortion, such as therapeutic abortion when the mother’s life is in danger, or authorized abortion in cases where the pregnancy is the result of rape.

Prohibition of torture and other cruel, inhuman or degrading treatment, treatment of

persons deprived of their liberty and equal rights of men and women (arts. 7, 10 and 3) 6. In the light of articles 7 and 10 of the Covenant, please comment on information made available to the Committee by various sources according to which: (a) the prison system continues to be seriously affected by overcrowding; (b) while some men’s prisons allow conjugal visits, these are not allowed in women’s prisons; and (c) the situation in the La Joya and the La Joyita prisons is appalling. 7. What measures is the State party taking to guarantee that neither the police nor civilian prison guards torture detainees or subject them to cruel, inhuman or degrading treatment, and that those who commit such crimes are brought to justice?

Right not to be subjected to arbitrary arrest or detention (art. 9) 8. Please (a) indicate the maximum duration of pretrial detention, and how often the protective measures referred to in paragraph 119 of the report are applied; (b) indicate the maximum period for which a person can be detained before being brought before a judge and the maximum period of policy custody; and (c) provide more information on the pilot plan for electronic monitoring bracelets mentioned in paragraph 112 of the report. Principles of nondiscrimination, right to liberty and security of person, and right to liberty of

movement (arts. 2, 9, 12 and 26) 9. According to paragraph 243 of the report, persons to whom the “Temporary Humanitarian Protection Statute” applies, most of whom are of Colombian nationality, live in the areas of Jaqué and Tuira, in Darién province, sometimes for years, without the possibility of settling in other regions of the country or of moving around freely. In this respect, please (a) indicate the measures the State party plans to take to remedy this situation; (b) clarify whether these persons are waiting to be granted refugee status; and (c) indicate the stage reached in the reform of Executive Decree No. 23 of 10 February 1998, aimed at bringing the refugee system into line with the principles enshrined in the 1951 Convention on the Status of Refugees.

Right to a fair trial and guarantees of due process (art. 14) 10. Please indicate what stage has been reached in the implementation of the reform of the administration of justice, set out in the State Pact of 2005, and the drafting of the new Criminal Code, and provide details of its content.

9. According to paragraph 243 of the report, persons to whom the “Temporary Humanitarian Protection Statute” applies, most of whom are of Colombian nationality, live in the areas of Jaqué and Tuira, in Darién province, sometimes for years, without the possibility of settling in other regions of the country or of moving around freely. In this respect, please (a) indicate the measures the State party plans to take to remedy this situation; (b) clarify whether these persons are waiting to be granted refugee status; and (c) indicate the stage reached in the reform of Executive Decree No. 23 of 10 February 1998, aimed at bringing the refugee system into line with the principles enshrined in the 1951 Convention on the Status of Refugees.

Concluding observations of the Committee on the Elimination of Discrimination against Women: Morocco

1. The Committee considered the third and fourth periodic report of Morocco (CEDAW/C/MAR/4) at its 825th and 826th meetings, on 24 January 2008 (see CEDAW/C/SR. 825 and 826). The Committee’s list of issues and questions is contained in CEDAW/C/MAR/Q/4 and the responses of the Government of Morocco are contained in CEDAW/C/MAR/Q/6/Add.1. Introduction 2. The Committee commends the State party for the timely submission of its third and fourth periodic report but, while the report generally follows the guidelines of the Committee (HRI/GEN/2/Rev.1/Add.2), regrets that it does not provide clear and precise information on the implementation of each recommendation made in the previous concluding observations of the Committee. The Committee acknowledges the State party’s written replies to the list of issues and questions raised by the pre-session working group, but regrets the absence of responses to some issues. 3. The Committee expresses its appreciation to the State party for sending a high-level delegation headed by the Minister of Social Development, Family Affairs and Solidarity, which included representatives of different Government ministries. The Committee congratulates the State party for the quality of its introductory presentation and for the frank and constructive dialogue held between the delegation and the members of the Committee, which provided clear insights into the situation of women in Morocco and on the implementation of the Convention. Positive aspects 4. The Committee notes with appreciation the work of the Royal Commission on the Personal Status Code and commends the State party for the important legal reforms undertaken in the field of human rights and especially to eliminate existing discrimination against women, such as the adoption of the Family Code, the Nationality Law, the Law on Civil Registration, the Labour Code and the Code of Criminal Procedure as well as the amendments to the Penal Code. 5. The Committee expresses its satisfaction at the ratification of the United Nations Convention against Transnational Organized Crime, published in Official Gazette in February 2004, as well as the publication of the two Optional Protocols to the Convention on the Rights of the Child in March 2004, since these international instruments also cover the human rights of women and the girl-child. 6. The Committee also notes with satisfaction the reorganization of the Conseil Consultatif des Droits de l’Homme, which is in line with the Paris Principles, the establishment of the Diwan Al Madhanlim, as an Ombudsman to deal with complaints vis-à-vis the public administration as well as the establishment of the Instance Equité et Réconciliation, with a view to examining the serious human rights violations of the past, since these instruments and bodies also contribute to the protection of the human rights of women.

46. The Committee calls upon the State party to improve the collection and analysis of statistical data, and to include in its next report statistical data and analysis on the situation of women, disaggregated by age, rural and urban areas, ethnicity and region, including the Western Sahara, thus providing a clear picture of the situation of women in the State party. It also calls on the State party to indicate the impact of measures taken and the results achieved in the practical realization of women’s substantive equality.

45. The committee calls upon the State party to continue to strengthen its cooperation with UNHCR and adopt a national refugee legislation, in compliance with the Convention relating to the Status of Refugees and its Protocol. The Committee recommends that the State party allow refugees and asylum-seekers to access public services, provide work permits for those refugees and asylum-seekers who are documented, and ensure their right to security, especially for women and children.

Genesis and PurposeEstablished by UNGA through GA Resolution 60/251

(April 3, 2006)Successor of Commission on Human Rights Subsidiary organ of UNGA; submits annual report

47 member States elected by the majority of GA members:

Africa: 13

Asia: 13

Eastern Europe: 6

Latin America, Caribbean : 8

Western European and Other: 7

serve for 3-year period, maximum of 2 consecutive terms.

Election should take into account candidates’ contribution to promotion, protection of human rights, voluntary pledges and commitments

At least three sessions per year, in GenevaAt least ten weeksMay hold special sessions at request of Council

member State with support of 1/3 of membership

Resolution 60/251 – Mandate“the Council shall be responsible for promoting universal respect

for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner”

“the Council should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon. It should also promote the effective coordination and the mainstreaming of human rights within the United Nations system”

“the Council 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”

PurposeForum for dialogue on thematic issues on all

human rights

Promote human rights education, advisory services, technical assistance, capacity-building

Make recommendations to GA on further development of human rights law

Promote States’ implementation of human rights obligations

Contribute towards prevention of human rights violations; respond promptly to human rights emergencies

Undertake Universal Periodic Review

Work with Governments, regional organizations, national human rights institutions and civil society

Make recommendations with regard to promotion, protection of human rights.

The Advisory CommitteeReplaced Sub-Commission on the Promotion and

Promotion of Human RightsThink-tankProvides expertise, advice, and conducts

research on thematic issues at the Council’s request

18 experts serving for a maximum of 2 three-year terms

Members serve in personal capacityUp to two sessions and 10 working days; ad hoc

additional sessions as approved by the Council

Relevance• Key intergovernmental body on human rights• Adopts thematic, country-specific resolutions, decisions;

many applicable to persons of concern • Holds interactive dialogues with Special Procedures on

themes, country-specific situations of interest to UNHCR• Presentation of High Commissioner for Human Rights

annual report• Follow-up to Durban Declaration and Program of Action• Statements, e.g. by dignitaries during High-Level

segment), may provide useful information on country-positions, lobbying tools

UNHCR inputContribution of information to reports

presented by Special ProceduresActive participation in negotiation of relevant

Resolutions and DecisionsMonitoring of sessions and provision of

feedback to colleagues in Field and at HQ

What are they?Established by former Commission on Human

Rights, assumed by Human Rights Council

Mechanisms of independent experts to address either specific country situations or thematic issues in all parts of the world

25 thematic and 9 country mandates

Variety of mandates:

Special Rapporteur Special Representative of the Secretary-General Representative of the Secretary-General Independent Expert Working Group (5 independent experts from each region)

How they operateExamine, monitor, advise, publicly report on human rights

situations country mandates: countries or territories

thematic mandates: major phenomena of human rights violations worldwide

Conduct country visits to investigate human rights situation at national level

Respond to specific allegations of human rights violations with Urgent Appeals/Actions or Letters of Allegation to governments

Dialogue with Governments on findings, recommendations

Report to Human Rights Council and General Assembly on findings, conclusions, recommendations

Thematic mandates RSG on the human rights of

internally displaced persons

SR on torture

SR on violence against women

SR on racism, racial discrimination, xenophobia and related intolerance

SR on the promotion of human rights while countering terrorism

Working Group on Arbitrary Detention

Independent Expert on minority issues

SR on freedom of religion or belief

SR on the human rights of migrants

SR on right to education

SR on right to food

SR on trafficking, SR on sale of children, child prostitution and child pornography and SR on contemporary forms of slavery

SR on freedom of opinion and expression

SR on adequate housing

SR on right to health

Independent Expert on safe drinking water and sanitation

Key Special Procedures for UNHCR

DPRKMyanmar SudanSomaliaLiberiaBurundi

Country mandates

RelevanceMandate enables experts to raise issues that

UNHCR cannot publicly raiseCountry reports as country-of-origin

informationThematic, country-specific reports as

protection advocacy tools for UNHCRThematic reports/studies contribute to

further development of human rights law Urgent Actions can help prevent human

rights violations, e.g. refoulement

UNHCR inputOral, written pre-mission briefings Briefings during missionsInput into thematic reportsReview of draft thematic, country-specific

mission reportsAlerting Special Procedures to individual

cases, specific situations in respect of which Urgent Appeals or Letters of Allegation could be sent

Suggestions on themes to raise in future reports, countries to visit

GA Resolution 60/251Mandates Human Rights Council to

" undertake a universal periodic review, 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; 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; such a mechanism shall complement and not duplicate the

work of treaty bodies. "

PurposeImprovement of human rights situation on the ground

Fulfillment of State's human rights obligations, commitments; assessment of positive developments, challenges faced by State

Enhancement of State's capacity, technical assistance: consultation, consent of State

Sharing of best practice among States, other stakeholders

Support for cooperation in promotion, protection of human rights

Encouragement of cooperation, engagement with Council, other human rights bodies, OHCHR

ProcedureUN Member States to be reviewed within four years

in 1st cycle

48 States per year, 16 countries per session

Human Rights Council Member States to be reviewed during term of membership

Human Rights Council Resolution 5/1 details modalities and procedure

Review based on UN Charter, UDHR, human rights treaties to which State is party, voluntary pledges and commitments, customary international law

ProcessReview based on:

State report

OHCHR Compilation Report - information contained in the reports of treaty bodies, special procedures, United Nations documents

OHCHR Stakeholders Report - information provided by other relevant stakeholders (e.g. NGOs, NHRIs, research institutes, Regional organizations)

Three-hour interactive dialogue between State delegation and Council Member and Observer States

Working Group comprising 47 Council Member States assisted by three Rapporteurs (troika)

Adoption of Outcome Document in plenary

OutcomeOutcome Document containing: report on the

interactive dialogue, conclusions and/or recommendations and voluntary pledges and commitments by reviewed State

Council members and observers (including UNHCR) may take the floor to make general comments during plenary session before Outcome Document is adopted

Next review to be carried out in four years

Countries up for review during next two sessions

Gabon Ghana Peru Guatemala Benin South Korea Switzerland Pakistan Zambia Japan Ukraine Sri Lanka France Tonga Romania Mali

•Botswana

•Bahamas

•Burundi

•Luxembourg

•Barbados

•Montenegro

•United Arab Emirates

•Israel

•Liechtenstein

•Serbia

•Turkmenistan

•Burkina Faso

•Cape Verde

•Colombia

•Uzbekistan

•Tuvalu

Relevance• Considered by States as THE review of the human rights

situation

• State, OHCHR and Outcome reports closely scrutinized, considered ‘authoritative’ in terms COI providing an assessment of human rights situation in a particular country

• OHCHR Compilation and Stakeholders may provide useful COI

• Outcome Documents as protection advocacy tools if they contain recommendations on how State should improve implementation of human rights obligations, commitments

• Outcome Documents may contain explicit recommendations regarding need for capacity building by UNHCR, partners in areas falling under our mandate

UNHCR inputAssisting States in preparation of State reports

Submission of public UNHCR information to OHCHR for Compilation report

Submission of confidential UNHCR information to OHCHR (can only be used by OHCHR to corroborate info received from e.g. NGOs)

Submission of compilations containing excerpts from recent treaty body Concluding Observations and reports by Special Procedures

•Delivering “general comments” in the Council plenary meeting” prior to adoption of Outcome Document, e.g. focusing on UNHCR’s willingness to offer technical advice and assistance in areas falling under its mandate

•Encouraging NHRIs, NGO partners to submit information to OHCHR Stakeholders report on the extent to which persons of concern to UNHCR (do not) enjoy their human rights;

•Lobbying Council Member, Observer States to raise issues of relevance to (persons of concern to) UNHCR during inter-active dialogue;

•Indirectly, by providing confidential comments to treaty monitoring bodies, information to Special Procedures.

Dignity and justice for all

OHCHR’s presence in the field11 Country OfficersUN Peace Missions8 Regional OfficesHuman Rights AdvisersRapid Response Unit

Concept and technical assistance:

Francisco Javier Rivera Serrat

Presentation:

Karolina Lindholm-Billing

2008