Message from non-governmental organizations to the President of the International Human Rights - Cairo Institute for Human Rights Studies (CIHRS)

Dear President De Alba,

The Human Rights Council (HRC) is approaching the end of its first year of work. During this institution-building period, the Council has had the critical task of conducting a review of its different human rights mechanisms, as well as establishing the new Universal Periodic Review (UPR). This process is now culminating under your leadership as HRC President. We understand that you have decided to focus first on the UPR mechanism and to address the areas where agreement is still to be reached. With that focus in mind, we therefore urge you to give special attention to the crucial need for expertise within the UPR. We strongly believe that how this question is resolved is critical to whether the review will be both functional and effective.

The UPR is the most significant innovation of the HRC. The promise of this new mechanism, however, can only be realized if there is a sufficient role for experts in the review process. We are aware that this is an issue of some sensitivity, but it seems those concerns have been fueled to a large extent by confusion over the role that such experts would play. We would therefore like to take this opportunity to outline to you the role that we envisage such persons could play within the process, and the reasons that we believe they are so important.

At the outset, it is important to stress that the use of independent experts would not undermine the state-driven nature of the process. They would not be tasked to perform an investigative function but merely to provide technical assistance to states in the UPR process. This servicing role means that their help would be available as states require it, but in no way would expert assistance substitute for states exercising their responsibilities under the UPR. Two of the ways that experts could support the UPR process would be by summarizing and prioritizing information compiled for the review; and by preparing a draft document for HRC members to consider following the review.

Although some have argued that this facilitating role could be performed by the Secretariat, we are convinced that experts can bring added value in a way that the Secretariat cannot and should not. In particular, independent experts possess the independence and specialized knowledge that will enable them to work most effectively with states to make the UPR as efficient as possible and allow for follow-up. We are also concerned that giving such a role to the Secretariat would have negative consequences for the independence of the Office of the High Commissioner, especially as regards the drafting of issues for discussion or concluding documents.

Most importantly, the UPR is premised on the need for equal treatment of all states. It is here that the unique added value of experts is most clear, as their involvement will enhance consistency within the review process, help ensure that all states are subject to an equal level of scrutiny, and assist all states to participate actively in the review.

We hope that this brief outline of our understanding of the role and benefits of independent expertise within the UPR is of use to you in your ongoing efforts to bring this institution-building process to a successful conclusion.

Yours sincerely,

Peggy Hicks
Global Advocacy Director
Human Rights Watch

Chris Sidoti
Director
International Service for Human Rights

Peter Splinter
Representative to the United Nations in Geneva
Amnesty International

Lukas Machon
U. N. Representative
International Commission of Jurists

Anselmo Lee
Executive Director
Forum-Asia

Moataz El Fegiry
Programs Director
The Cairo Institute for Human Rights Studies

Basil Fernando
Executive Director
Asian Legal Resource Centre

Ruki Fernando
Coordinator
Law and Society Trust, Sri Lanka

Hassan Shire
Chairperson
East and Horn of Africa Human Rights Defenders Network

Lucia Nader
International Relations Coordinator
Conectas Direitos Humanos

Simia Ahmadi
Representative of the FIDH to the United Nations in Geneva
International Federation for Human Rights