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Statements Office of the High Commissioner for Human Rights

UPR Trust Funds: achievements, good practices and lessons learned over the past 15 years and optimized support to States in the implementation of recommendations emanating from the fourth cycle

01 March 2023

Delivered by

Nada Al- Nashif, Deputy High Commissioner for Human Rights

At

52nd session of the Human Rights Council

Location

Geneva, Palais des Nations, Room XX

In three cycles since its establishment by the Human Rights Council, the UPR has evolved into a unique peer-review process to prepare for, to undergo and to support a comprehensive and consistently regular check-up of the status of human rights in all UN member states.

This dynamic growth along the way has consolidated the global consensus, as we just heard from the Deputy Secretary-General, that it the UPR indeed a valuable mechanism capable of positive impact on human rights. I think this is based on four key features:

  1. The UPR creates a dedicated space for the engagement of States with a forward vision on human rights priorities and challenges, constructively, transparently and building on specific tangible recommendations.
  2. It involves dialogue with an array of national actors: Governments, Parliaments and the judiciary, but also the United Nations family and the wider international community.
  3. The UPR leverages and puts at disposal the rich expertise of all the other human rights mechanisms – I mean Treaty Bodies, Special Procedures and, of course, the regional mechanisms, touching on a variety of human rights issues, including emerging ones such as climate change and international humanitarian law.
  4. Equally importantly has been the inclusion of civil society perspectives in these interactive dialogues. This feature, the multi-stakeholder approach on human rights has enabled many fruitful discussions on national priorities.

To achieve these results, the UPR has been supported by two Voluntary Funds: (1) the Voluntary Fund for Participation in the UPR and (2) the Voluntary Fund for Financial and Technical Assistance in the Implementation of the UPR. Established by the Council in 2007, their objective was from the start to facilitate the participation of developing States, particularly least developed countries and small-island developing States in UPR meetings, and to supports States, upon their request, in the implementation of UPR recommendations.

Through these Funds, we have reached a record 100% participation over the past three cycles, with an increase in the number – an average of 270 recommendations per review – and quality, with recommendations increasingly becoming, as we work together, more actionable, time-bound and measurable.

Since its inception, the Voluntary Fund for Participation in the UPR has supported the participation of delegations from 112 countries in sessions of the Working Group and in plenary sessions of the Human Rights Council: 39% from Least Developed Countries, it is good to say, and 32% from Small Island Developing States. During the 3rd cycle of UPR, the past cycle from 2017 to 2022, the Fund supported the participation of 95 delegates, including 40 women.

Technical assistance to implement the recommendations that are accepted has helped States in undertaking and carrying out their duty-bearer functions. Government officials have strengthened policy-making and operational capacities to decide, to review and to act upon human rights priorities.

And since its operationalization, the Voluntary Fund for Financial and Technical Assistance in the Implementation has provided over USD 5,5 million in seed funding projects in 76 countries across all regions - projects that have contributed to stronger institutional frameworks, including, for example, Parliamentary human rights Committees and more robust legislation as a whole.

Just some quick examples: in Panama, the Fund supported the Electoral Tribunal to ensure birth registration of indigenous peoples in remote areas; in Mongolia, it supported the establishment of the national preventive mechanism against torture and the adoption of a law on human rights defenders; in Saint Kitts and Nevis, it was data collection strengthening and a review of legislation affecting persons with disabilities; in Belize, the implementation of a participatory process to establish a national human rights institution in accordance with the Paris Principles; in Kyrgyzstan, the Fund was used to conduct an analysis of national laws’ compliance with international human rights standards; in fact, one more, in Chad, the strengthening of the national mechanism to monitor places of detention.

Furthermore, the UN System – again as we heard from the Deputy Secretary-General - has been using the UPR strategically to support sustainable development, in aligning the recommendations with planning and programming, recognizing the entry points that the UPR analysis provides as a problem solving tool and also as an advocacy instrument.

As we engage in the 4th UPR cycle, we understand of course that we are amidst very significant challenges globally. These require more than ever decisive action. Insufficient resources and capacities of national authorities have been identified as impediments to the effective implementation of human rights obligations and commitments. The Repository of UN good practices on the UPR documented this.

Combined with strong political will, the Voluntary Funds have addressed these capacity gaps and have enabled States to take concrete steps to implement -where recommendations have been received - in complementarity with broader UN initiatives but also technical support.

In “Our Common Agenda”, the Secretary-General put forward his vision on the future of global cooperation inclusive, networked and effective multilateralism to better respond to humanity’s most pressing challenges with human rights mechanisms playing a key role. In this spirit, the Secretary-General also called for a more sustainable funding for the mechanisms to maximize their impact and assist our Member States. And this is why we are encouraging States to continue to support the UPR Funds.

As we celebrate the 75th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of the Vienna Declaration and Programme of Action, our Office will redouble its efforts to respond to Member States’ requests, in building stronger national protection systems, including through deploying additional dedicated capacities for the UPR to our Regional Offices.

I strongly encourage the international community and notably our development cooperation actors and partners, particularly the recommending States, to take further steps and consolidate action based on accepted UPR recommendations as an entry point but also through other forms of South-South cooperation. Together, we can contribute to creating more resilient societies while enhancing solidarity and national ownership.