International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions These bases of the UPR are both universal and State-specific. The UN Charter and the UDHR impose obligations on all UN member States, as does international humanitarian law. The treaty obligations and voluntary pledges and commitments differ on a State by State basis but, in each case, entail obligations freely accepted by the particular State. The inclusion of international humanitarian law was controversial. Some States saw human rights law and humanitarian law as distinct areas of law that should be kept well separated. The inclusion of international humanitarian law, even if only on the basis of being taken into account, demonstrates a growing recognition that the two areas of law are in fact closely related. The second and subsequent cycles of the review will be based on the implementation by the State under review of the accepted recommendations of previous cycles as well as developments in the human rights situation in the State.103 4. WHO UNDERTAKES THE UPR? The review of each State is undertaken entirely by the HRC itself, through a working group of the whole membership followed by discussion and decision in plenary session. There are no independent experts involved in the process itself, only State representatives. So the UPR is a political process, not a legal process, even if it has a basis in international law. The comments, conclusions and recommendations of States made during the course of the review will reflect the policies of the Governments, which are not necessarily legally grounded. NHRIs can therefore add important legal expertise and expert knowledge about the situation in the country to the more political contributions of States. The UPR Working Group meets three times a year for two weeks and reviews 14 States on each occasion, allocating three and a half hours for the “interactive dialogue” with each State under review.104 Each State review is facilitated by three rapporteurs, known as the “troika”, chosen by ballot, from member States of the HRC, from different regional groups. A different troika is chosen for each State under review. The troika prepares the review, including oversight of the documentation, gathering questions from States in advance of the interactive dialogue and preparing the report. Photo by Michael Power/Asia Pacific Forum of National Human Rights Institutions. 103 HRC Resolution 16/21; para. 6. 104 In the first cycle, 16 States were reviewed at each session of the UPR Working Group, with three hours allocated to the interactive dialogue with each State under review. Chapter 6: Universal Periodic Review | 39