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 114 100 See: https://humanrights.gov.au/our-work/rights-and-freedoms/projects/australias-third-universal-periodic-review-upr