Claude Cahn
Human Rights Adviser
Office of the United Nations Resident Coordinator Moldova
Claude.cahn@undp.org
, ccahn@ohchr.org

CONTENTS
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International Human Rights Mechanisms
Human Rights Council
Basis of the Review
Objectives
Principles

CONTENTS
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CONTENTS
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Review at the Human Rights
Council
Follow up

CRC
CEDAW
CERD
ICCPR
UDHR
ICESCR
CAT
CMW
CRPD
CPAPED
Other International
Instruments e.g. ILO Conventions
Regional
Instruments
National
Frameworks

1.
International Convention on the Elimination of All Forms of
Racial Discrimination
2.
International Covenant on Civil and Political Rights
3.
International Covenant on Economic, Social and Cultural Rights
4.
Convention on the Elimination of All Forms of Discrimination against Women
5.
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
6.
Convention on the Rights of the Child
7.
International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families
8.
Convention on the Rights of Persons with Disabilities
9.
International Convention for the Protection of All Persons from
Enforced Disappearance

Human
Rights
Council

Human Rights Council
A subsidiary body of the General
Assembly composed of 47 United Nations
Member States. It replaced the UN
Commission on Human Rights in 2006.

Human Rights Council
Mandate & Function:
 Promotes universal protection
 Addresses and prevents violations
 Develops international human rights law
 Reviews compliance of Member States
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Responds to emergencies
 International forum for dialogue

Human Rights Council
Mechanisms:
 Advisory Committee
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Complaints Procedure
 Special Procedures
 Forum on Minority Issues
 Social Forum
 Expert mechanism on the rights of indigenous peoples
 Universal Periodic Review (UPR)

Human Rights Council
Universal Periodic Review:
 Essentially public bilateral consultation carried out in an international forum
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All 192 UN member States are examined by the UPR mechanism
The periodicity of the review for the first cycle is four years
Consideration of 48 States per year

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The Charter of the United Nations;
The Universal Declaration of Human Rights;
Human rights instruments to which a State is party;
Voluntary pledges and commitments made by
States, including those undertaken when presenting their candidatures for election to the
Human Rights Council;
Applicable international humanitarian law.

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The improvement of the human rights situation on the ground
The fulfilment of the State’s human rights obligations
Assessment of positive developments and challenges faced by the State
The enhancement of the State’s capacity
The sharing of best practice among States and other stakeholders
The encouragement of full cooperation and engagement with the Council, other human rights bodies and
OHCHR.

 Universal coverage
 Review of all human rights
 Complement and not duplicate other international human rights mechanisms
 Cooperative mechanism based on objective and reliable information
 Intergovernmental process

 Conducted in an objective, transparent, non-selective, constructive, non-confrontational and non-politicised manner
 Full integration of a gender perspective
 Ensure the participation of all relevant stakeholders.

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1.
2.
3.
The UPR is based on 3 types of documents:
National Report - Information prepared by the State concerned (20 pages, 12 point).
UN compilation - prepared by OHCHR, including relevant information from reports of treaty bodies, special procedures, observations and comments by the State concerned, UN public reports from the HC, SG, GA, HRC, UNCT, UN agencies and programmes (10 pages).
Stakeholders summary - prepared by OHCHR of information provided by other stakeholders, including NGOs, NHRIs, regional organizations (10 pages).

National Consultation
National Report
Prepared by the SUR after a broad national consultation process between Government and civil society
Structure: should follow general guidelines available
(Annex HRC Decision 6/102)
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Submitted by the SUR some 13 weeks before the review takes place
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Cover a 4 year-time period
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Pages and paragraphs should be numbered
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National report should be sent to OHCHR through the diplomatic channel and to UPRStates@ohchr.org

National Consultation
Stakeholders Summary Report
 Prepared by OHCHR: based on credible and reliable information provided by other relevant stakeholders
 Stakeholders include NGOs, human rights defenders, academic/research institutes and other civil society organizations, NHRI, regional intergovernmental organizations

National Consultation
 Stakeholders are strongly encouraged to provide written submissions that:
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Are focused, highlight the main issues of concern and identify possible recommendations and/or best practices
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Do not include second-hand information
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Are specifically tailored for the UPR
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Do not contain language manifestly abusive

National Consultation
 Stakeholders Summary Report is written in UN official languages only
 Cover a maximum four-year time period
 Should be sent to: uprsubmissions@ohchr.org
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Moldova Deadline 21 March 2011
 For further details log on to: http://www.ohchr.org/EN/HRBodies/UPR/P ages/UPRMain.aspx

21
March
2011
July 4,
2011
UPR Process timeline – 12 th session, October 2011, Republic of Moldova
12 th
UPR
Working
Group session
Review
October 12,
2011
Adoption of outcome by HRC
Next
Regular
Human
Rights
Council
Session
Follow-up
-implementation
-monitoring
-documenting reporting
4 years

National Consultation
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External Consultation with Stakeholders, including:
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Local authorities;
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Trade Unions;
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Community and religious leaders;
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Human rights defenders;
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Civil society organizations;
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National institutions
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National Consultation
Main new feature of the Human Rights Council
 An opportunity for the State under Review (SuR) to report on the human rights situation in its country
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Process
Periodic
(not a single event)
(every four years)
Peer review (intergovernmental)
Participatory (interactive dialogue, stakeholders)
Practical (improvement of human rights situation on the ground)

National Consultation
Inter-ministerial preparation
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Does an inter-ministerial body on human rights reporting already exist?
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What is the inter-ministerial division of the responsibilities?
 What are the main themes?

National Consultation
Inter-ministerial preparation
Good practices…
 Start preparations early
 Divide responsibilities
 Nominate focal points in Ministries
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Set up a inter-ministerial committee on the UPR
 Involve political level

National Consultation
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Consultation Process:
Questions….
With whom to consult?
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Local authorities?
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Trade Unions?
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Community and religious leaders?
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National human rights institutions?
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Human rights defenders?
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Civil society organizations?
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When to consult?
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During drafting process?
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Prior to the drafting?
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How to consult?
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Public call for consultations?
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Meeting in public or in private?

Consultation Process:
Good practices…
 Receive and record views from consultations
 Interact with broad spectrum of stakeholders
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Decide on inclusion of views in national report
 Share draft national report

Report Writing
 Contents of National Report: HRC Decision
6/102:
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Describe the methodology and broad consultation process followed
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Background: scope of obligations, legislative and institutional framework, policies, NHRIs
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Promotion and protection of HRs on the ground
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Achievements, best practices, challenges and constraints
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Capacity building and technical assistance.

Report Writing
Structure of UPR reports
Domestic normative and institutional framework for the promotion and protection of human rights
1.
2.
3.
Government and nature of the political regime
International human rights obligations
Incorporation of international treaties in domestic law

Report Writing
Structure of UPR reports
Domestic normative and institutional framework for the promotion and protection of human rights
4.
5.
6.
Constitution and major human rights legislation
National Human Rights Protection Systems, including courts, NHRIs, NGOs and other mechanisms
Government mechanisms following-up on the concluding observations of TB, recommendations of SPs and UPR.

Report Writing
Structure of UPR reports:
Promotion and protection of HR on the ground
1.
Equality and non-discrimination
2.
3.
Civil and political rights & fundamental freedoms
Personal liberties and security
4.
5.
Torture, and Other Cruel, Inhuman or
Degrading Treatment or Punishment
Administration of justice

Report Writing
Structure of UPR reports:
Promotion and protection of HR on the ground
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ESC rights (health, housing, education, work, social security…)
Women’s rights and gender equality
Children’s rights
Promotion and protection of the rights of specific groups, including: migrants, disabled persons, minorities, indigenous peoples …

Report Writing
Structure of UPR reports:
 Identification of achievements, best practices, challenges and constraints, include:
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Constitution and legal reform
Judicial, legal and official training, and education in human rights
Public awareness and engagement
Human rights protection

Review at the Human Rights Council
 Anticipate
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What questions are likely to be asked?
Who needs to prepare responses?
Where may we find this information?
When will we receive the advance written questions from the Troika?
Would it be useful to create a technical WG to anticipate issues of concern and prepare responses?

Review at the Human Rights Council
 Anticipate (for Moldova)
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Questions on Roma/ban on discrimination on ethnic grounds
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Questions on Violence against Women/Gender Equality
Questions on equal rights/ban on discrimination for LGBTI minorities
Questions on torture
Questions on trafficking
Questions on religious freedom, in particular treatment of Muslims
Questions on how civil society has been involved in the national-level
UPR process
Questions on implementation of voluntary pledges and commitments made at the time of Moldova’s candidacy for the Human Rights
Council (see Appendix, at bottom)

Review at the Human Rights Council
Preparation of the Review:
 Where can we consult the other basic documents? http://www.ohchr.org/EN/HRBodies/UPR/Pages/Do cumentation.aspx
 Where can we follow other reviews?
http://www.un.org/webcast/unhrc/index.asp
 Which commitments can be made?

Review at the Human Rights Council
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Formation of Delegation
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Important political task
Head of delegation – authority to speak (e.g. helps to have the authority to indicate the position of the State on recommendations, during the adoption of the WG report)
Members of delegation – experts on different issues
Organise Mock Session?
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Remember your UPR session will be webcast

Review at the Human Rights Council
 The Working Group is chaired by the President of the Council and composed of the 47 member States of the Council.
 Observer States may participate in the review, including in the interactive dialogue.
 Other relevant stakeholders may attend the review in the Working Group but do not participate in the interactive dialogue.

Review at the Human Rights Council
 The State under Review is given up to 60 minutes, to be divided between:
 the introduction of its national report
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 its responses to written questions submitted in advance, its replies to questions raised during the interactive dialogue, and its concluding comments at the end of the review.
 The remaining 120 minutes will be divided among Member
& Observer States inscribed in the list of speakers, as follows:
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3 minutes for inputs from members of the Council
2 minutes for inputs from Observer States

Review at the Human Rights Council
 Once the review is completed, the Working
Group prepares a factual report of its proceedings.
 The preparation of the report, which fully involves the State under review, is facilitated by the Troika, with the assistance of the
Secretariat.

Review at the Human Rights Council
 Three members of the Council that serve as “Rapporteurs”
 Drawing of lots for each Council-year
 Regional representation
 States may reject one troika member
 States selected for troika membership may decline

Review at the Human Rights Council
Before the review:
Receives advance written questions, and transmits them, through the Secretariat, to the SuR.
During the review:
No specific role. Can take the floor as representatives of their State .
After the review:
Prepares the report of the Working Group, with the assistance of the Secretariat and the full involvement of the SuR.

Review at the Human Rights Council
The Report:
 Factual summary of proceedings, not a verbatim
 Contains a list of recommendations, linked to the state recommending
Time:
- report to be adopted 48 hours after review
Length:
- maximum of 9,630 words (approximately 18 pages)

Review at the Human Rights Council
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Interaction between Troika, Secretariat and SuR
Secretariat prepares a draft report and sends it to
Troika and SuR
Secretariat integrates Troika’s comments in the draft and the SuR’s comments to its own statements, where appropriate and relevant
Secretariat finalizes the report together with the
Troika

Review at the Human Rights Council
Structure of the Report:
Introduction
I.
Summary of the Proceedings
A. Presentation by the SuR
B. Interactive dialogue and responses by the SuR
II. Conclusions and/or recommendations
III. Voluntary pledges and Committments of the SuR

Review at the Human Rights Council
Each recommendation needs to be addressed
Three main options:
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Accept recommendations
Consider recommendations (provide response prior or during plenary of the Council)
 Not accept recommendations
Many states reserve the right to consult (with capital, civil society, etc.) prior to positions on recommendations (i.e. present positions on recommendations only at the Plenary weeks later), but states generally do this only with some recommendations. It is expected that the SuR will be able to present responses generally to recommendations, as well as to give answers on as many specific recommendations as possible.
Responses to recommendations should not conflict with international law

Review at the Human Rights Council
Adoption of the Report:
 Half an hour is allocated for the adoption of each report
 The Troika presents the report to the Working
Group
 SuR has the opportunity to make final remarks
 Report adopted ad referendum

Review at the Human Rights Council
At the Plenary:
 Hears further replies by SuR, including its position on recommendations made if not done yet
 Discusses the outcome of the review
 Hears general comments made by stakeholders
 Adopts the outcome

Review at the Human Rights Council
The Outcome:
1) Report of the Working Group
2) Oral statement and written submission (if any) of the
SuR on recommendations and/or conclusions, voluntary commitments and replies to questions/issues not sufficiently addressed in the Working Group
3) Recommendations having the support of the SuR are identified as such; others are noted .

Review at the Human Rights Council
Preparation of the SuR`s Response:
 Review and discussion of recommendations emanating from the WG within the government
 Continue dialogue with other stakeholders
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Prepare position on recommendations
 Written submission to be sent to Secretariat prior to plenary session
 Word limit: 2,675 words (approximately 5 pages)

Review at the Human Rights Council
Modalities of the Plenary:
 20 minutes: SuR
- Position on recommendations, replies to questions, views on outcome and final remarks
 20 minutes: member and observer States
- views on the outcome
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20 minutes: stakeholders
- general comments

Follow up
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In candidacy for Human Rights Council
(HRC) membership
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In national report
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During interactive dialogue in the Working
Group (WG)
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In the addendum to the WG report
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At the plenary (HRC)

Follow up
 Resolution 5/1: primary responsibility for implementation of recommendations rests with the State under Review (SuR)
 SuR is encouraged to implement recommendations of all international HRs mechanisms in a holistic manner (treaty bodies, special procedures, UPR)
 Is important to involve other stakeholders in the country in the follow-up , inc CSOs

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Examples of possible follow-up:
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Transpose commitments into domestic law, policy and practice
Undertake deep review and reform processes in relevant sectors
Human rights training
Translation and wide dissemination of UPR commitments to public (also treaty bodies, special procedures)
Ratify core human rights instruments
Support/protect those working in human rights
SuR can make a voluntary report on the implementation of
UPR recs to the Human Rights Council (UPR agenda item
6)

 The supporting role of the international community:
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Advocacy and wide dissemination of the recs of international HRs mechanisms
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Help to translate recs into local languages
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Conduct workshops to identify priority recs
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Help operationalise recs in projects/programmes
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Training to build local capacity
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UPR Voluntary Fund on Implementation

Appendix: Summary of Voluntary Pledges and
Commitments made by Rep. Moldova at the time of its candidacy to the Human Rights
Council

At the international level
• Fully support and engage in the deliberations of the Council, its subsidiary bodies and mechanisms, including the special procedures
• Favour the independence of the special procedures system
• Cooperate constructively within the universal periodic review mechanism
• Promote the Council’s effective, objective and prompt response to situations in which gross and systematic violations of human rights are observed
• Advance the promotion and protection of human rights in the General Assembly and the Third
Committee, and in this context, actively participate in the 2011 review of the work of the
Council
• Continue its cooperation in human rights with United Nations agencies, including support for the activities of the Office of the United Nations Hig Commissioner for Human Rights
• Promote cooperation between the public sector and civil society by making use of the involvement of non-governmental organizations in the Council’s activities
• Work towards the implementation of the Millennium Development Goals, as well as the Vienna
Programme of Action, the Beijing Platform for Action and action plans adopted at other major
United Nations conferences
• Effectively promote and protect human rights through international and regional organizations, including the Organization for Security and Cooperation in Europe, the Council of Europe and the International Organization of la Francophonie
• Support the effective involvement of non-governmental human rights organizations in the promotion and protection of human rights at the national, regional and international levels

At the national level
• Continue to extend an invitation to all regional and international human rights bodies, structures and mechanisms to visit the country
• Cooperate in a constructive manner with international human rights bodies, in particular with the Office of the United Nations High Commissioner for Human
Rights
• Comply with the basic guidelines set for the universal periodic review, such as review in 2011. In this context, the preparation for the evaluation is under way, including through the implementation of the national human rights action plan for 2010-2013. A midterm evaluation of the national strategy according to the progress indicators and recommendations made under the universal periodicreview process is envisaged for 2012
• Prevent human rights abuses through existing national mechanisms, including the national preventive mechanism
• Ensure the effective protection of the persons belonging to national minorities
• Protect against and prevent discrimination in all its forms, both in law and in practice
• Promote human rights education, including in the Transnistrian region of the
Republic of Moldova
• Reinforce national efforts and uphold the highest standards in the promotion and protection of human rights