WG on UPR - Feb. 14th - DB

Report of the meeting of the 14th of February 2007, 10-13h:

Working Group on the Universal Periodic Review Mechanisms

of the Human Rights Council

The facilitator, the distinguished ambassador of Morocco, Mr. Mohammed Loulichki, divided the meeting in two sections; the first section, to discuss outcome of the review, the second section, to discuss the follow up.

I OUTCOME

The review could take place in smaller working groups for certain (Germany), in plenary session for others (most of the delegations expressed that way)

For some delegations, the recommendations should be tailor made (Germany), others stated that the outcome should be a summary of the procedure with some recommendations (China, Liechtenstein, Norway, Chile, Indonesia, Guatemala, India, Argentina; Malaysia). Some added compliance statements (India).

Recommendations may content proposition for technical assistance and capacity building of the State, but only upon the state consent and/or request (Cuba, China, Philippines, Indonesia, India, and Argentina) but others deplored the eventuality that the country concerned would be able to decide on the final outcome (Liechtenstein). The delegations recognized there is a need to take into account the level of development of the country.

Many delegations stressed out the need for consensus (Philippines, Indonesia, and India) but warning against it at the same time (Germany)

The African Union took the floor to reaffirm that the UPR must not be binding in anyway, but has to function on a cooperative mode (Supported by Colombia, Philippines, and Guatemala). Most of the delegations took the floor against the possibility of fact finding mission and establishment of OHCHR field missions as an outcome the UPR (China, Norway, Indonesia, and Pakistan).

The EU stated that the review will be taken into account to build up bilateral programmes of cooperation.

II FOLLOW UP

The possibility of having a global report consolidating all the UPR of all the States reviewed didn’t seduced many delegations (Argentina, South Korea, Malaysia Brazil agreed; Russia, Pakistan, Bangladesh, Japan, Algeria in the name of the African Group questioned it).

While a few delegations consider actions to be taken in case of non compliance (Germany, Switzerland, Japan, Liechtenstein), most of the others refused this idea (including the US, Cuba, The OIC and the African Group and China), denying any possibility for the Council to take coercitive measures of any kind. The idea of a statement by the Chairperson of the HR Council was not welcomed (Russia, India)