UPR Processes

What are the objectives of the UPR?

The UNHRC UPR mandate allows for the active engagement of National Human Rights Commissions in the Review [para 3(m)] and sets out the following objectives of the Review:

  1. The improvement of the human rights situation on the ground
  2. The fulfilment of the State’s human rights obligations and commitments, and assessment of positive developments and challenges faced by the State
  3. The enhancement of the State’s human rights capacity and of technical assistance, in consultation with, and with the consent of, the State concerned
  4. The sharing of best practice among States and other stakeholders
  5. Support for cooperation in the promotion and protection of human rights
  6. The encouragement of full cooperation and engagement with the UN Human Rights Council, other human rights bodies and the Office of the United Nations High Commissioner for Human Rights (OUNHCHR).

What are the principles of review of the UPR?

The review is based on objective and reliable information of the fulfilment by New Zealand of its human rights obligations and commitments. The UPR will promote the universality, interdependence, indivisibility and interrelatedness of all human rights, and fully integrate a gender perspective

What is the basis of the New Zealand UPR (UNHRC Res. 5/1 of 18 June 2007)?

Human rights obligations contained in:

Preparing the National UPR Report

As part of the UPR process, New Zealand is required to prepare a national UPR report (no more than 20 pages) through a broad consultation process at the national level with relevant stakeholders, including the New Zealand Human Rights Commission. This report needs to be submitted to the Office of the High Commissioner for Human Rights in Geneva in March 2009. The Ministry of Foreign Affairs and Trade (MFAT) is preparing the national UPR report.

Under the guidelines, New Zealand’s national UPR report is required to include the following information:

  • methodology and consultation process
  • background of country, including the framework and measures for promoting and protecting human rights
  • implementation of international human rights obligations
  • identification of achievements, best practices, challenges and constraints; and key national priorities for human rights.

The Commission and Ministry of Foreign Affairs and Trade (MFAT) are conducting a series of consultation meetings with the aim of ensuring that the national UPR reporting is robust and has integrity. Equally important is the quality of the review procedures, the credibility of the analysis and the recommendations from the UPR reporting body. The Commission will engage with the national UPR review process to support the quality of its procedures and reports and will also generate its own National Human Rights Institutions and NZ Human Rights Commission UPR report.

Given New Zealand’s constitutional relationship with Tokelau and international responsibility for the fulfilment of obligations contained in human rights treaties that it has extended to Tokelau, New Zealand’s national UPR report will include a section on Tokelau. The Governments of the Cook Islands and Niue may also be consulted because of their constitutional relationships with New Zealand.

The national UPR report is a government document and all views will not necessarily be reflected in the final report. Civil society groups have the opportunity to have their views fully recorded in the OHCHR document.

Participating in the National UPR Process

The Resolution underpinning the UNHRC mandate for the UPR makes it clear that the United Nations expectation that the UPR process in New Zealand will be both comprehensive and inclusive. The UNHRC is to:

…undertake a universal periodic review, based on objective and reliable information of the fulfilment of each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States; the review shall be a cooperative mechanism based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity building needs; such a mechanism shall compliment and not duplicate the work of the treaty bodies…..” (Article 5 (e))

The Commission has worked with MFAT to develop a process for systematic engagement with the national consultation roundtables and with the MFAT national UPR report writing. The Commission has supported MFAT in their processes to deliver national consultation roundtables and use these and other relevant opportunities top provide to, and gather from, participants’ human rights elements for inclusion in the national and NHRI UPR reports.

National consultation roundtables:

To read feedback on these meetings and the issues raised please click here.

What is the role of the New Zealand Human Rights Commission in the UPR Process?

The New Zealand State has been encouraged to undertake a broad consultation process with relevant stakeholders in preparation for the national report. As the Human Rights Commission (NZHRC) is part of New Zealand’s human rights machinery, it needs to be involved in this part of the process. The NZHRC’s participation in the UPR reporting processes will contribute to the accuracy and thoroughness of the New Zealand national UPR report. This participation, supplemented by the Commission’s own UPR report, will help improve the credibility and effectiveness of the UPR reporting body by enabling it to draw on the Commission’s authoritative and independent work.

The NZHRC role includes:

  • Provision of information to OHCHR: para 15(c) allows for relevant stakeholders to provide additional information to the OHCHR for consideration. The Commission will respond to requests from the Human Rights Council for information, analysis and direct engagement.
  • Consultation: The NZHRC has worked with MFAT to facilitate a consultation process with NGO’s, civil society, state sector agencies and Maori.
  • Participation in the Review itself: para 18(c) allows National Human Rights Institutions to attend the Working Group and have the opportunity to make general comments before the final version is adopted by the Plenary Council.
  • Compiling its own report: The Commission will meet its specific responsibilities as an NHRI by generating a Commission UPR report for the review processes.
  • The May 2009 UPR review: The Commission will attend, and participate in, the New Zealand country review in Geneva.
  • Follow up to the Review: The NZHRC will be involved in the dissemination of the Review to all major stakeholders and actively monitor the implementation of the recommendations so that future national reports incorporate these observations.

Key documents for the UPR examination

The UPR examination is based on three key documents. The first is the national report (not to exceed 20 pages) prepared by the State under review. The national UPR report is complemented by two other ten-page reports prepared by the Office of the High Commissioner for Human Rights (OHCHR). The first report is based on relevant information from within the UN system about the State’s compliance with its human rights obligations. The second report summarises relevant information provided by civil society groups such as national human rights institutions, NGOs, and academics. The preparation of these two reports is the responsibility of OHCHR and the interested stakeholders – not the New Zealand Government. All three reports – the national report and the two OHCHR reports – are public documents and are posted on the OHCHR website prior to the State’s UPR review.

What are the UNHRC modalities of the Review?

The review will be based on a national report prepared by the New Zealand State; a compilation by the OHCHR of the New Zealand information in the reports of treaty bodies; and additional credible and reliable information by other relevant stakeholders, including the New Zealand Human Rights Commission.

The UPR is a three stage process:

  • Stage 1
    An interactive dialogue between the country under review and the UNHRC, which will take place over a three-hour period before a working group of the whole UN Human Rights Council. A review troika comprising three Council members facilitates the process. During the review of the Working Group, only States can ask questions and raise issues with the State under review. The troika prepares a report of the proceedings including recommendations and conclusions for consideration and adoption by Council plenary. New Zealand is required to make an oral presentation on the national report, of no more than 60 minutes, and answer questions posed by Council members and observers during the interactive dialogue.
  • Stage 2
    The adoption of a report which includes recommendations during the Working Group meeting.
  • Stage 3
    The adoption of a final Outcome Document at a subsequent plenary session of the UNHRC which includes in particular additional replies, responses or recommendations and pledges and commitments by the State under review. During the UNHRC plenary session, accredited NGO’s and national human rights commissions (in accordance with GA Resolution 60/251 of 15 March 2006 and Economic and Social Council Resolution 1996/31 of 25 July 1996) may make statement prior to the adoption of the Outcome Document.

What is contained in the Outcome Document?

  • The report or Outcome Document will contain a summary of New Zealand’s human rights situation based on reports before the Working Group.
  • It will also contain the views of the New Zealand State under review concerning the recommendations and/or conclusions. Human rights issues and concerns in the State under review are also highlighted.
  • General recommendations for the State to implement in order to ensure that the State respects and adheres to human rights standards.
  • Voluntary commitments made by the State under review.

Are reports submitted under the UPR publicly accessible?

Yes. All documents submitted for consideration under the UPR are available and can be accessed electronically.

Finding out more information on the UPR

For further information, please visit the Universal Periodic Review page atwww.ohchr.org – the guidelines for the submission for stakeholders’ information are available at this website. Please note that the page limit for submissions is 5 pages when submitted by individual stakeholders and 10 pages when submitted by large coalitions of stakeholders.

Stakeholders’ submissions should be sent to uprsubmissions@ohchr.org by this date.

 

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