Human Rights Council Debates Voluntary Funds for UPR, Achievements and Support to States

OHCHR

The Human Rights Council this afternoon held a high-level panel discussion on the Voluntary Fund for Participation in the Universal Periodic Review and the Voluntary Fund for Financial and Technical Assistance in the Implementation of the Universal Periodic Review, including achievements, good practices and lessons learned over the past 15 years and optimised support to States in the implementation of recommendations emanating from the fourth cycle of the Universal Periodic Review.

Amina Mohammed, Deputy Secretary-General of the United Nations, said the Universal Periodic Review was a powerful and unique mechanism. Devised by Member States, it provided every Member State with an equal opportunity to transform the lives of their people by better delivering on human rights protections, ensuring uniformity in the assessment process and in the decision and communication of recommended actions. Today, the discussion would focus on how the United Nations could better respond to States' growing demands for assistance in translating Universal Periodic Review recommendations into laws and practices that advanced human rights, strengthened national protection systems, and built more resilient societies.

Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, said in the three cycles since its establishment by the Human Rights Council, the Universal Periodic Review had evolved into a unique peer-review process to prepare for, undergo and support a comprehensive and regular check-up of the status of human rights in all United Nations Member States. Its dynamic growth along the cycles had consolidated the global consensus that it was a valuable mechanism that could have a positive impact on human rights. As the fourth cycle began, the significant challenges the world was facing required - more than ever - decisive action. The international community should take further steps and consolidate action based on the entry points that accepted Universal Periodic Review recommendations offered, contributing to creating more resilient societies while enhancing solidarity and national ownership.

Federico Villegas, Permanent Representative of Argentina to the United Nations Office at Geneva, said that if the Universal Periodic Review was strengthened, this would generate on the ground mechanisms in each country to tackle the consequences of transformative events which were impacting human rights. There needed to be more human and financial resources. If the Universal Periodic Review could be strengthened with additional financial resources, peace, security, development and human rights would be able to be recognised as the core pillars of the system.

Susanna Moorehead, Chair of the Development Assistance Committee of the Organization for Economic Co-operation and Development, said the Committee appreciated the work of the Universal Periodic Review and the trust funds. The protection and promotion of human rights throughout the world was integral to better outcomes for all citizens. The international community needed to build on the process, and use all the reforms happening in the heart of the United Nations development system to demonstrate just how important human rights were, in particular as they were under threat.

Mona M'Bikay, Executive Director of UPR Info, said the fourth cycle of the Universal Periodic Review represented an opportunity to accelerate progress in the implementation of States' human rights obligations and the Sustainable Development Goals, by anchoring human rights in all sectors. The Universal Periodic Review supported cooperation with civil society actors and strengthened civil society, and led to an increase in the dialogue of governments with other stakeholders, such as civil society.

Speakers then took the floor, recognising the importance of the Voluntary Fund for Participation in the Universal Periodic Review and the Voluntary Fund for Financial and Technical Assistance in the Implementation of the Universal Periodic Review for strengthening human rights systems in the world, by allowing countries with few financial resources and in need of technical assistance to implement the recommendations emanating from the Universal Periodic Review. The Universal Periodic Review recommendations were a key element in building an inclusive society, a key element for building security and development in the long term. Both Voluntary Funds played a critical role in the advancement of human rights, having contributed towards the advancement of human rights in developing countries, and were vital in facilitating the greater engagement of States.

Some speakers said that the efficiency of the human rights system lay in how its recommendations could be guided to aid States to improve the situation on the ground, strengthening national implementation mechanisms as well as follow-up, and providing technical cooperation based on national experience. Capacity building and technical cooperation carried out in the context of the Universal Periodic Review and with the cooperation of the State involved, could help aid least developed countries and small island States to overcome the challenges posed by the development gap and climate change. The work done by the Voluntary Funds was in this context of great assistance to all States involved. One speaker said that while the Voluntary Funds should continue to align with their mandate in achieving their objective, nevertheless, the financial and technical assistance should be provided at the request of, and in consultation with the States concerned, focusing on complementarity to create a culture of human rights with an equality of treatment, avoiding all forms of politicisation.

Speaking in the discussion were Mozambique, Belgium, South Africa, Finland on behalf of a group of countries, Bahamas on behalf of a group of countries, Maldives on behalf of a group of countries, European Union, United Nations Development Programme, Pakistan, Bahrain, Malaysia, Benin, Togo, Paraguay, Viet Nam, Mauritius, Costa Rica, Armenia, Tanzania, India, Bangladesh, Azerbaijan, Nepal, Iraq, Mauritania, Gambia, Iran, China, and France.

Also speaking was the following non-governmental organization: Swedish Association for Sexuality Education.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-second regular session can be found here.

The Council will reconvene at 10 a.m. on Thursday, 2 March, when it will continue its high-level segment.

Keynote Opening Statements

AMINA MOHAMMED, Deputy Secretary-General of the United Nations, said the Universal Periodic Review was a powerful and unique mechanism. Devised by Member States, it provided every Member State with an equal opportunity to transform the lives of their people by better delivering on human rights protections, ensuring uniformity in the assessment process and in the decision and communication of recommended actions. But the most important benchmark for success was the change in people's lives because of these assessments. Today, the discussion would focus on how the United Nations could better respond to States' growing demands for assistance in translating Universal Periodic Review recommendations into laws and practices that advanced human rights, strengthened national protection systems, and built more resilient societies.

With the fourth cycle just initiated, the Universal Periodic Review was among the most impactful instruments to promote human rights as part of development efforts. Ms. Mohammed welcomed the tools developed to facilitate the implementation of Universal Periodic Review recommendations, including the advice provided by the High Commissioner for Human Rights to Foreign Ministers on how to better integrate human rights with efforts to meet the Sustainable Development Goals. The Secretary-General's Call to Action for Human Rights, and the resulting Universal Periodic Review Guidance provided vital support to United Nations presences across the world and produced a growing number of good practices.

The United Nations Development System and Resident Coordinators stood ready to cooperate with all States in implementing Universal Periodic Review recommendations and advance the Sustainable Development Goals with human rights at their core. Ms. Mohammed called on all States to fully use the opportunities created by this unique mechanism.

NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said in three cycles since its establishment by the Human Rights Council, the Universal Periodic Review had evolved into a unique peer-review process to prepare for, undergo and support a comprehensive and regular check-up of the status of human rights in all United Nations Member States. Its dynamic growth along the cycles had consolidated the global consensus that it was a valuable mechanism that could have a positive impact on human rights. To achieve these results, the Universal Periodic Review had been supported by two Voluntary Funds: the Voluntary Fund for Participation in the Universal Periodic Review and the Voluntary Fund for Financial and Technical Assistance in the Implementation of the Universal Periodic Review. Through these Funds, the Council had reached a record 100 per cent participation over the past three cycles, with an increase in the number - with an average of 270 recommendations per review - and quality, with recommendations increasingly becoming actionable, time-bound and measurable.

Since its operationalisation, the Voluntary Fund for Financial and Technical Assistance in the Implementation of the Universal Periodic Review had provided over 5.5 million United States dollars in seed funding to projects in 76 countries in all regions, projects that had contributed to stronger institutions, including Parliamentary human rights committees and more robust legislation as a whole. Furthermore, the United Nations system had begun using the Universal Periodic Review strategically to support sustainable development, aligning recommendations with planning and programming, recognising it as a problem-solving tool and an advocacy instrument.

As the fourth cycle began, the significant challenges the world was facing required - more than ever - decisive action. Insufficient resources and capacities of national authorities had been identified as impediments to the effective implementation of human rights obligations and commitments as documented in the Repository of United Nations Good Practices on the Universal Periodic Review, published last year. The international community, notably development cooperation actors and especially the recommending States, should take further steps and consolidate action based on the entry points that accepted Universal Periodic Review recommendations offered, contributing to creating more resilient societies while enhancing solidarity and national ownership.

Statements by Panellists

FEDERICO VILLEGAS, Permanent Representative of Argentina to the United Nations Office at Geneva, said last year had proved that the Universal Periodic Review had moved from teenage stage to adulthood. If the Universal Periodic Review was strengthened, this would generate on the ground mechanisms in each country to tackle the consequences of transformative events which were impacting human rights. Latin America, the Caribbean and Uruguay were examples of good practices, where hundreds of people had been trained in the judiciary and in non-governmental organizations. The open-ended Group of Friends of the Universal Periodic Review had been formed, which contributed to giving the international human rights system and the Universal Periodic Review a new lease on life. It had been proven that the Universal Periodic Review was effective in its operation; the next 15 years would be focused on grassroots and implementation on the ground.

There needed to be more human and financial resources. The Universal Periodic Review had an opportunity to work in important aspects, given the current context. If the Universal Periodic Review was strengthened, this could be the best bridge between New York and Geneva. The 230 recommendations that States received on average when they underwent a Universal Periodic Review usually focused on development, discrimination and hate speech. If the Universal Periodic Review could be strengthened with additional financial resources, peace, security, development and human rights would be able to be recognised as the core pillars of the system. The Universal Periodic Review was the tool which all States were committed to and felt comfortable using when it came to having a dialogue. The inertia of the polarisation of politicisation needed to be broken.

SUSANNA MOOREHEAD, Chair of the Development Assistance Committee of the Organization for Economic Co-operation and Development, said she was a huge fan of peer reviews, and the Committee did this among itself: these were conversations, not exams. Those being reviewed learned a large amount, as did the reviewers, and it was a crucial part of how to support the work done. Another parallel between the Universal Periodic Review process and the work of the Committee was that fundamentally, development was about partnership and trust. The universality of human rights provided a framework that could be used to hold one another to account, and a basis for dialogue. Like the Universal Periodic Review, the Committee peer reviews aimed to provide a mechanism for members to share lessons learnt and provide guidance on how to implement better development cooperation. This was particularly important: human rights were under threat in many parts of the world, in Organization for Economic Co-operation and Development countries as well as elsewhere, so it was not the time to scale back either ambitions or resources. More and more peoples' rights were being compromised on a daily basis, and the Committee did not sit idle, allowing civil society to support human rights even in countries where members of civil society organizations had their own rights restricted.

More and more places that were in need of development and humanitarian assistance were being hit by a wave of crises, be it conflict, the pandemic, the climate, or others. One of the approaches of the Committee was what it called the Humanitarian Development Peace Nexus. The Committee appreciated the work of the Universal Periodic Review and the trust funds, which produced evidence, which was itself crucial in making changes. The protection and promotion of human rights throughout the world was integral to better outcomes for all citizens: it was an important moment to have this discussion and use the commitment to have the Sustainable Development Goals not just back on track, but rescued from where they were. The international community needed to build on the process, and use all the reforms happening in the heart of the United Nations development system to demonstrate just how important human rights were, in particular as they were under threat.

MONA M'BIKAY, Executive Director of UPR Info, said the fourth Universal Periodic Review cycle started in November 2022 and would be ending in January 2027, coinciding with the last years of the 2030 Agenda. Since the inception of the Review Working Group sessions in 2008, the Universal Periodic Review had been instrumental to sustaining political commitments to advance the realisation of human rights. The Review had led to concrete results by supporting advocacy on the critical issues discussed in each country, including contributing to the adoption of legislation to end child marriage in Zambia, and to the abolition of the death penalty in Sierra Leone. The fourth Review cycle represented an opportunity to accelerate progress in the implementation of the human rights obligations of States and their Sustainable Development Goals by anchoring human rights in all sectors.

The Universal Periodic Review supported cooperation with civil society actors and strengthened civil society. The Universal Periodic Review also led to an increase in the dialogue of governments with other stakeholders, such as civil society. National mechanisms for reporting, implementation and follow-up played a critical role in monitoring and implementing the Universal Periodic Review recommendations. Countries, including Belgium and France, had integrated the Universal Periodic Review into their human rights foreign policy. States were encouraged to invest and provide funds to ensure the use of the Universal Periodic Review in development programmes. States needed to have a whole of society and inclusive approach in the implementation of the Universal Periodic Review recommendations.

Discussion

Speakers then took the floor, with many recognising the importance of the Voluntary Fund for Participation in the Universal Periodic Review and the Voluntary Fund for Financial and Technical Assistance in the Implementation of the Universal Periodic Review for strengthening human rights systems in the world, by allowing countries with few financial resources and in need of technical assistance to implement the recommendations emanating from the Universal Periodic Review. The Universal Periodic Review recommendations were a key element in building an inclusive society, and building security and development in the long term. Both Voluntary Funds played critical roles in the advancement of human rights. They contributed to greater engagement with States and inclusivity as well as providing necessary support to countries, with their consent, that could make a significant contribution to lasting solutions. The human rights pillar required increased funding to enable this pillar to advance its important work and to address global challenges of development as well as peace and security.

The Voluntary Funds had contributed towards the advancement of human rights in developing countries, and were vital in facilitating greater engagement of States, particularly least developed countries and small island developing States, in the Universal Periodic Review process and in the implementation of recommendations at the national level. One speaker said that given that the Universal Periodic Review was one of the most efficient problem-solving tools at the Council's disposal, all Member States, United Nations entities and other stakeholders that contributed to the documents prepared for each review should draw attention to climate change and the human right to a clean, healthy and sustainable environment.

There was a need to learn from best practices from all States, and agenda item six on the Universal Periodic Review could be the best moment to hold this dialogue, one speaker suggested. The Universal Periodic Review mechanism made a contribution to protection and prevention, helping vulnerable groups through better implementation of the Sustainable Development Goals 2030 Agenda. The start of the fourth Universal Periodic Review cycle meant that countries would require more resources, capacity building and technical assistance to support practical and sustainable follow-ups of Universal Periodic Review recommendations from previous cycles. In heeding the call by the High Commissioner to translate human rights obligations into practical applications, it was important for the Council to look into ways to further strengthen both Funds in order to better support States in further closing the implementation gap.

Some speakers said that the efficiency of the human rights system lay in how its recommendations could be guided to aid States to improve the situation on the ground, strengthening national implementation mechanisms as well as follow-up, and providing technical cooperation based on the national experience. The unique Universal Periodic Review mechanism had brought together a broad range of State and non-State organizations in promoting and protecting human rights in the countries under review. Capacity building and technical cooperation carried out in the context of the Review and with the cooperation of the State involved, could help aid least developed countries and small island States to overcome the challenges posed by the development gap and climate change. The work done by the Voluntary Funds was in this context of great assistance to all States involved. One speaker said that the Voluntary Funds should continue to align with their mandate in achieving their objective, nevertheless, the financial and technical assistance should be provided at the request of, and in consultation with the States concerned, focusing on complementarity to create a culture of human rights with an equality of treatment and avoiding all forms of politicisation.

Several speakers asked what could be done to strengthen the participation of civil society organizations in the implementation of Universal Periodic Review recommendations at the national level? One speaker asked how might support to States be further optimised in the implementation of recommendations emanating from the fourth cycle? Another asked what were some concrete ways in which the Universal Periodic Review process could be used to address the climate emergency?

Concluding Remarks

FEDERICO VILLEGAS, Permanent Representative of Argentina to the United Nations Office at Geneva, said the different comments and questions were related to civil society organizations and the Universal Periodic Review; the State and the Universal Periodic Review; and the strengthening of the Voluntary Funds. The Universal Periodic Review was a diamond that was still being polished, but there was still a way to go. To answer these questions, a chance needed to be given to the Group of Friends which had been created. This group had diversity in all areas, including engagement with civil society and the way that recommendations were incorporated.

It was important to think outside the box and be creative. Civil society needed to be involved in all phases of the Universal Periodic Review. Some countries still needed to learn how to build trust with non-governmental organizations, and the Universal Periodic Review was the best tool to do this. The Group of Friends could also assist with the approach to incorporate the Universal Periodic Review within the State and could held mobilise funds. Countries had funds which were dedicated to human rights, which could be utilised as creative seed money. Mr. Villegas hoped everyone could join the Group of Friends of the Universal Periodic Review.

SUSANNA MOOREHEAD, Chair of the Development Assistance Committee of the Organization for Economic Co-operation and Development, said the Universal Periodic Review was indeed a diamond, but a diamond in the rough, as there were so many abuses of human rights on an almost daily basis. Many had expressed a strong endorsement of the process, and how to go through the recommendations, which was encouraging. It was important to get the resources needed to least developed countries and small island developing States and to leave no one behind.

The intersectionality of human rights was striking - it was now impinging on almost everything, and maybe human rights would become ever more threatened as the financial pressure due to various situations, such as the climate crisis, grew. However, human rights were no longer siloed, they were ever more relevant to all areas, such as tackling violence against women and girls. Civil society played a critical role in this space, and it should continue to challenge and represent voices that were not always heard.

MONA M'BIKAY, Executive Director of UPR Info, welcomed the establishment of the Group of Friends of the Universal Periodic Review, and looked forward to working with the group. Civil society were key actors in the Universal Periodic Review process, and it was vital to continue supporting civil society locally and nationally. It was important to foster the ownership of the Universal Periodic Review process and to have a whole of government and society approach. It was important to mainstream the Universal Periodic Review recommendations in all sectors. States should develop a human rights action plan, with the participation of all line ministries and involving civil society.

It was vital to see how each actor contributed to the implementation of the human rights recommendations and put in place targets to assess the implementation of Universal Periodic Review recommendations. The private sector had the potential to play a more critical role in terms of advancing human rights, and in respecting the business and human rights principles. Ms. M'Bikay encouraged all States to support the trust funds and thanked them for their engagement in the Universal Periodic Review process so far. The Universal Periodic Review mechanism fostered the participation of the whole nation, which could protect the rights of all segments of society.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/afternoon-human-rights-council-holds-high-level-panel-discussion

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