International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
5. PROCESS OF THE REVIEW
The review of each State goes through five distinct stages:
• documentation
• interactive dialogue in the UPR Working Group
• the UPR report and its recommendations
• HRC plenary debate and adoption of the report
• follow up.
NHRIs have important roles to play at each stage.
5.1. Documentation
The review of a State is based upon three documents:
• information prepared by the State concerned, not exceeding 20 pages
• a compilation prepared by OHCHR of the information contained in the reports and official
documents of relevant UN bodies and agencies, not exceeding ten pages
• a summary prepared by OHCHR of “[a]dditional, credible and reliable information provided by
other relevant stakeholders”, not exceeding ten pages.105
The preparation of the State report is a State responsibility and an NHRI should not undertake this
task on behalf of the State. Preparation leads to responsibility and ownership. The State should take
responsibility for its own report and should own the contents and voluntary commitments, if any, in
it. If an NHRI or any body other than the Government prepares the report, the Government is able to
distance itself from its contents and commitments.
The State is encouraged, however, to prepare its report through a broad consultation process at the
national level with all relevant stakeholders.106 An NHRI can participate in this consultation, giving the
Government the benefit of its views and recommendations. The Government can accept or reject the
NHRI’s views and may or may not adopt them for inclusion in the State report. That is the Government’s
prerogative. The NHRI, however, is entitled and encouraged to present its views directly to the UPR
Working Group in a submission and it should do so.
The State report should include the following information:
• a description of the methodology and the broad consultation process followed for the preparation
of information
• developments since the previous review in the background of the State under review and its
framework, particularly its normative and institutional framework, for the promotion and protection
of human rights: Constitution; legislation; policy measures; national jurisprudence; human rights
infrastructure, including any NHRI; and the scope of international obligations identified in the
basis of review
• promotion and protection of human rights on the ground: implementation of international
human rights obligations identified in the basis of the review; national legislation and voluntary
commitments; NHRI activities; public awareness of human rights; and cooperation with human
rights mechanisms
• the follow-up to the previous review
• identification of achievements, best practices, challenges and constraints in relation to the
implementation of accepted recommendations and the development of human rights situations
105
HRC Resolution 5/1; Part I.D.; para. 15.
106
HRC Resolution 5/1; Part I.D.; para. 15(a).
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