Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
Review of the State
The human rights situation is reviewed by the working group of the Human Rights Council, which
takes the form of an interactive dialogue with the State delegation. This dialogue is open only to
Member and Observer States of the Human Rights Council. NHRIs are not able to take part in the
dialogue, although they are able to attend the session as observers. This provides them with a further
opportunity to lobby Member States and propose questions and recommendations.
Adoption of the report
NHRIs can participate in the general debate on the report of each State review, which occurs during
the following session of the Human Rights Council. As NHRIs cannot contribute to the dialogue
during the review of the State, it is important that they make use of the opportunity to contribute to
the discussion at this plenary session. In fact, many NHRIs are already engaging constructively in this
forum to raise issues and propose concrete recommendations.
Follow-up on recommendations
The role of NHRIs goes beyond participation in the UPR reporting and review process. As key national
stakeholders, they are uniquely placed to follow-up on the implementation of recommendations
made by the Human Rights Council. NHRIs can engage with the State and civil society on the most
appropriate and effective ways to monitor implementation and follow-up to the UPR procedure.
In addition, NHRIs are well placed to disseminate the outcome of the UPR process at the national
level by developing relevant education and awareness-raising programmes.
Insights from practice:
The Australian Human Rights Commission regularly contributes to the UPR with written
information on Australia’s human rights situation on the ground, making recommendations about
ongoing challenges, and working with civil society organisations who are taking part in the process.
For the third UPR of Australia in 2021, the Commission has produced 25 fact sheets on key issues.
The Commission has also adopted a practice of publishing reports assessing the implementation
status of the recommendations made to Australia in the UPR.114
2.3. Human Rights Council complaint procedure
2.3.1. The complaint procedure
A new complaint procedure has been established under the Human Rights Council to address
consistent patterns of gross and reliably attested violations of all human rights, which occur in any
part of the world and under any circumstances.
Economic and Social Council resolution 1503 from 1970 provides the basis for the establishment of
this new procedure, which retains its confidential nature. It also requires a complainant to exhaust
all domestic remedies before lodging a complaint with the Human Rights Council. The complaint
procedure does not result in an individual judgement or an individual remedy, rather it aims instead to
address systemic patterns of human rights violation.
The complaint procedure establishes two distinct working groups: the Working Group on
Communications and the Working Group on Situations.
The Working Group on Communications, composed of five independent experts geographically
representative of the five regional groups, is given the role to assess the admissibility and the merits
114
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See: https://humanrights.gov.au/our-work/rights-and-freedoms/projects/australias-third-universal-periodic-review-upr
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