Human Rights and The UN Universal Periodic Review Mechanism A Research Companion 1st Edition Damian Etone & Amna Nazir & Alice Storey
Human Rights and The UN Universal Periodic Review Mechanism A Research Companion 1st Edition Damian Etone & Amna Nazir & Alice Storey
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‘The UPR Academic Network’s collection explores the UPR’s evolution over
three cycles, its role in strengthening democratic governance, and fostering
States’ accountability. A must-read for human rights advocates seeking to use
this international mechanism to advance the promotion and protection of
human rights for all segments of society domestically’.
Mona M’Bikay, Executive Director, UPR Info
Alice Storey is Senior Lecturer in Law and Associate Director of the Centre
for Human Rights at Birmingham City University, where she also leads the
UPR Project at BCU.
Human Rights and the
UN Universal Periodic
Review Mechanism
A Research Companion
DOI: 10.4324/9781003415992
Typeset in Galliard
by Apex CoVantage, LLC
Contents
List of Acronyms ix
List of Contributors xi
Foreword xvii
Introduction 1
DAMIAN ETONE, AMNA NAZIR, AND ALICE STOREY
PART I
Theoretical and Conceptual Approaches to
Understanding the UPR Mechanism11
PART II
The Relationship Between the UPR and Other Human
Rights Mechanisms111
PART III
Assessing State and Regional Engagement With the
UPR Mechanism197
Index299
Acronyms
focusing on the climate crisis, the future of democracies, and new polit-
ical economies. Through his work with the UPR, he has been able to
learn and contribute to a sui generis mechanism for holding human
rights violators accountable.
Dr Frederick Cowell is Senior Lecturer in Law at Birkbeck. His research
focus on the interpretation and enforcement of international human rights
law and treaty withdrawal. Previously he was an advisor for an NGO help-
ing civil society groups with UPR submissions.
Elvira Domínguez-Redondo is Professor in Law at Kingston University,
United Kingdom. She has been a visiting scholar at Columbia Univer-
sity (USA) and University Alcalá de Henares (Spain). Prof. Domínguez-
Redondo has held different academic positions at Middlesex University
(UK), Transnational Justice Institute (UK), the Irish Centre for Human
Rights (Ireland), and University Carlos II (Spain). She has worked as a con-
sultant for the Office of the High Commissioner for Human Rights (Switzer-
land). She is an advisory group member of the Geneva (Switzerland)-based
think-tank Universal Rights Group. Dr. Domínguez-Redondo is the author
three monographs, In Defense of Politicization of Human Rights (2020),
Minority Rights in Asia (with Prof. J Castellino, 2006), and Public Special
Procedures of the UN Commission on Human Rights (2005). She has edited
three books and authored a wide range of publications on international law
and human rights.
Dr Damian Etone is Senior Lecturer in International Human Rights Law
at the University of Stirling. He is Director for the MSc Programme in
Human Rights and Diplomacy run in partnership with the United Nations
Institute for Training and Research (UNITAR). Damian’s current research
expertise includes international law, human rights implementation, UN
human rights bodies, African human rights system, and transitional jus-
tice. Damian is the author of the book The Human Rights Council: The
Impact of the Universal Periodic Review in Africa (Routledge 2020) that
examined the engagement of African states with the Universal Periodic
Review (UPR) mechanism. This book offered the first detailed analysis of
the effectiveness of African states’ engagement with the UPR mechanism
from 2008–2019.
Kazuo (Kaz) Fukuda is Associate Professor at Kansai Gaidai University in
Osaka, Japan. Prior to pursuing an academic career, Kaz worked for the
United Nations Development Programme in Lao PDR in charge of the rule
of law portfolio and was involved extensively in the UPR process for nearly
five years. He is the author of Human Rights Council’s Universal Periodic
Review as a Forum of Fighting for Borderline Recommendations? Lessons
Learned from the Ground (NJHR, Vol. 20, No. 2, 2022). He received his
PhD in law and democracy from the Maurer School of Law, Indiana Uni-
versity in the United States.
Contributors xiii
where she worked with lawyers and students to promote the recognition
and achievement of substantively equal rights for Indigenous peoples in
Australia.
Fiona McGaughey is Associate Professor at the University of Western Aus-
tralia Law School with a background in not-for-profit research and policy
roles. She teaches international human rights law and co-ordinates the mas-
ter of international law. Her primary research areas are international human
rights law, United Nations bodies and the role of non-governmental organ-
isations, human rights pedagogy, and higher education. Fiona has received
grant funding for research on modern slavery and co-founded the UWA
Modern Slavery Research Cluster in 2017. Fiona has published widely in
leading Australian and international journals and her monograph Non-Gov-
ernmental Organisations and the United Nations Human Rights System was
published by Routledge in 2021.
Edward R. McMahon EdD is Visiting Associate Professor in the Mid-
dlebury College Political Science Department. He also holds a joint
appointment as Adjunct Associate Professor in Community Develop-
ment and Applied Economics, and Political Science, at the University of
Vermont. He previously served as Dean’s Professor of Applied Politics
and Director of the Center on Democratic Performance at Bingham-
ton University. From 1989–1998, he directed African programs at the
National Democratic Institute for International Affairs. He previously
spent ten years as a foreign service officer with the U.S. Department of
State. Dr. McMahon is a board member of UPR-Info, a human rights
organization based in Geneva, Switzerland. He has consulted for numer-
ous organizations in the international development field, including the
Carter Center, USAID, the UN Development Program, the World Bank,
and the International Foundation for Electoral Systems. Dr. McMahon
has co-authored or co-edited three books and has contributed many
journal articles and book chapters on a range of international govern-
ance and development issues.
Kathryn McNeilly is Professor of Law at Queen’s University Belfast School
of Law. She is an expert in the areas of international human rights law and
international legal theory. Professor McNeilly’s recent work has explored
topics of international human rights monitoring, international legal his-
tory, international legal institutions, and the connection between interna-
tional human rights law and time. Funding for her research includes award
of a Leverhulme Research Fellowship (2019–2020) to undertake research
on human rights monitoring, with a focus on the United Nations Univer-
sal Periodic Review. She is a member of the UKRI Talent and AHRC Peer
Review Colleges, the Royal Irish Academy’s Ethical, Political, Legal and
Philosophical Studies Committee, and an editorial board member of lead-
ing journals, including Human Rights Law Review.
Contributors xv
Jon Yorke is Professor of Human Rights in the School of Law and the Direc-
tor of the Centre for Human Rights (CHR). He has advised the United
Nations and the European Union, and numerous governments including,
Gambia, Myanmar, Spain, and the United Kingdom. He has worked on
human rights cases in the United States, Sudan, and the African Commis-
sion on Human and Peoples’ Rights, and has submitted amicus curiae briefs
in death penalty cases. He has been awarded multiple Foreign, Common-
wealth, and Development Office (FCDO) grants for projects to protect
human rights in Sudan, and has worked on EU funded projects for the
representation of capital defendants in foreign jurisdictions. He has recently
worked on The UPR Project at BCU funded project ‘Universal Periodic
Review 2022 – Civil Society Engagement’ which focuses upon the United
Kingdom’s Fourth Cycle review in the UPR. This project has engaged UK
parliamentarians, the legal profession, and CSOs.
Foreword
1 See Human Rights Council, ‘High-level Panel Discussion on UPR Voluntary Funds: Achieve-
ments, Good Practices and Lessons Learned Over the Past 15 Years and Optimized Support
to States in the Implementation of Recommendations Emanating from the Fourth Cycle’
(1 March 2023) available at www.ohchr.org/en/news/2023/03/human-rights-council-
holds-high-level-panel-discussion-voluntary-funds-universal accessed 15 July 2023.
xviii Foreword
1 UNHRC, ‘Institution Building of the United Nations Human Rights Council’ HRC Res
5/1, UN HRC OR, 5th sess, Annex [IB] (18 June 2007) UN Doc A/HRC/RES/5/1,
annex para 16.
2 ibid para 3.
DOI: 10.4324/9781003415992-1
2 Damian Etone, Amna Nazir, and Alice Storey
3 We would like to thank Rebecca Erekaha for the editorial assistance provided and for helping
to maintain UPRAN website at https://upracademicnetwork.org/
4 UNGA Res 60/251, UN GAOR, 60th sess, 72nd plen mtg, Agenda Items 46 and 120 (3rd
April 2006) UN Doc A/Res/60/251 (‘Resolution 60/251’) para 5(e).
Introduction 3
in the context of the failures of the Commission for Human Rights (CHR).
The CHR was the predecessor of the HRC established under Article 68 of
the UN Charter, entrusted with the international promotion and protection
of human rights.5 Whilst the CHR recorded significant achievements in its
60 years of existence, including drafting the UDHR and several international
human rights treaties,6 its work subsequently came under severe criticism for
lack of credibility and professionalism. These criticisms included selectivity in
human rights scrutiny (unequal treatment of states) and acting as a shield
masking the human rights abuses of certain member states.7 In 2004, a report
by the UN High Level Panel on Threats, Challenges and Change addressed
the problems with the CHR and underscored the need for reform.8 It was
deemed necessary for the UN to chart a new direction in international human
rights monitoring. The UPR represented this new approach.
The HRC and UPR were both created under the UN General Assembly
Resolution 60/251. The HRC was established as an inter-governmental body
within the UN comprising of 47 states and responsible for the promotion and
protection of human rights across the globe. It has a mandate to undertake a
‘universal periodic review’ of the human rights performance of all states.9 The
UPR was designed to be a cooperative peer-review mechanism that ensures
universality and equal treatment in the assessment of the human rights per-
formance of every state, whilst also complementing but not duplicating other
human rights mechanisms.10 The foundational principles of the UPR therefore
included ‘cooperation’, ‘equal treatment’, and ‘complementarity’.11
5 United Nations, ‘Charter of the United Nations’ (24 October 1945), 1 UNTS XVI, Article 68.
6 For some detailed analysis of the work of the CHR and the transition to the HRC see Philip
Alston, ‘Reconceiving the UN Human Rights Regime: Challenges Confronting the New
UN Human Rights Council’ (2006) 7(1) Melbourne Journal of International Law 185;
UN General Assembly, ‘Report of the High-level Panel on Threats, Challenges and Change,
Entitled “A More Secure World: Our Shared Responsibility”’ (2 December 2004) UN Doc
A/59/565, 282–91.
7 ibid.
8 UNGA (n 5), 282–91.
9 UNHRC (n 1).
10 ibid para 3(f).
11 ibid.
4 Damian Etone, Amna Nazir, and Alice Storey
The ultimate goal for the UPR is the improvement of the human rights situa-
tion at the domestic level.
Process
All UN member states are reviewed every four and a half years. Forty-two
states undergo the review each year. Reviews takes place within a working
group, where 14 states are reviewed per session and there are three, two-week
sessions per year. These sessions include the 47 HRC members, although any
member or observer state of the United Nations may also take part in the
Infection of abrasions may cause ulcer. Age. House dogs. Puppies on vegetable
food. Exhaustion. Starvation. Improper, insufficient diet. Specific microbes and
toxins. Symptoms: Ulcer with peripheral zone of opacity. Photophobia. In
marasmus little other local trouble. Diagnosis by oblique focal illumination or
fluorescin. Granulation of Descemete’s membrane. Escape of aqueous. Keratitis.
Panophthalmia. Staphyloma. Prognosis in debilitated, vigorous. Treatment: tonics,
fresh air, good food, sunshine, exercise, silver nitrate, mercuric chloride, iodoform,
alcohol, chlorine water, boric acid, cocaine, eserine, atropine, warm antiseptic
compress, juice of fresh cassava.
Bulging corneal scar with adherent iris: from perforation, escape of aqueous,
intraocular pressure, vascularization of cornea. Diagnosis by central cicatrix,
vascularisation, pigmentation. Oblique illumination. Treatment: iridectomy,
eserine. Suture. Enucleation.
Various tumors may grow from the cornea. Dermoid cysts may
implicate the cornea and demand excision. Malignant growths
demand extirpation of the eyeball.
WOUNDS OF THE SCLERA.
Causes. Symptoms: redness of sclera, in dogs, cats, birds, pigs, with a narrow
zone of white next the cornea, red scleral vessels immovable, iris dull gray or
brown, uneven, sluggish in response to light, synechia anterior or posterior, lens
and capsule clouded or clear, pupillary margin uneven, myosis or midriasis, black
cataract. Treatment: rest, dark stall or covering, head elevated, midriatics, cocaine,
antiseptic puncture, purgation, leeches, seton, cooling astringent lotions, diuretics,
for tension in convalescence iridectomy. In traumatic cases careful antisepsis.
This may come from any one or more of the causes of internal
ophthalmia above named. The inflammation, however, concentrates
itself on the iris so as to overshadow the disease in the adjacent
organs.
The more distinctive symptoms are the redness of the sclerotic in
unpigmented organs (swine, birds, dogs, cats), the redness
increasing as it approaches the margin of the cornea but leaving a
narrow white zone surrounding the edge. The red vessels on the
sclerotic are not moved with the conjunctiva when the lid is moved
over the front of the eye. The front of the iris is dull, grayish or
brownish, it is thickened unevenly and very sluggish in response to
light and darkness. Not infrequently it is adherent to the back of the
cornea (synechia anterior) or to the front of the lenticular capsule
(synechia posterior). The lens and its capsule may or may not be
clouded, but if the interior of the vitreous can be seen it is found to
be clear. The pupil is more or less uneven in outline and sometimes it
is torn at its inner edge so as to form shreds and projecting tongues.
Myosis (contraction of the pupil) or midriasis (dilatation) may be
present. If the latter has been preceded by adhesion a portion of the
uvea may remain attached to the lenticular capsule constituting
black cataract. The lens or its capsule may become opaque, and a
fibrinous membrane may form over the pupil.
Treatment. Rest for body and eye are essential. A dark stall, or a
thick covering for the eye is desirable. The head should be kept
moderately elevated to facilitate the return of blood. The pupil
should be kept widely dilated to prevent adhesions to the lens.
Sulphate of atropia 5 grs. to the oz. of water should be applied a few
drops at a time, thrice a day, or as often as may be necessary to
secure dilatation. In case the atropia fails to secure dilatation a 5 per
cent. solution of cocaine should be dropped into the eye every three
or four minutes for four or five times and then another application of
atropia may be tried warm. Should it still fail and should there be
indications of extra congestion and swelling of the iris or of excessive
tension of the eyeball, relief may be obtained by puncturing the
cornea. With the reduction of the tension the iris will often respond
to the midriatic. Benefit may also be obtained from an active
purgative, or the application of leeches in the vicinity of the eye.
Cooling astringent applications may be kept up over the eye, or
warm antiseptic applications will often give great relief.
In obstinate cases the yellow oxide of mercury ointment may be
applied as advised for internal ophthalmia.
Cooling diuretics may also be of essential advantage.
If, after a fair recovery the bulb remains unduly tense, iridectomy
may be resorted to as a prophylactic measure for the future. An
incision is made with a lancet close in front of the margin of the
cornea, and the iris seized and withdrawn with a pair of fine forceps,
and a portion snipped off with fine scissors. The eye and instruments
must be rendered absolutely aseptic by carbolic acid and boiling
water, and the antisepsis of the eye must be carefully maintained
until the wound is healed. This tends to relieve congestion in the iris
and to moderate the secretion in the anterior chamber, so that the
former extreme tension does not recur. In making choice of the seat
of the iridectomy a selection may be made which will do away with
adhesions, or one that will expose a portion of the lens which is still
transparent, and which may restore vision when obscured by a
cataract.
In traumatic cases there should be extra care in maintaining a
thorough antisepsis of the eye as the great danger is that of infective
panophthalmitis. The injection of antiseptic liquids under the
eyelids, and the covering of the eye with antiseptic cotton wool or
with a soft rag wet with an antiseptic lotion are important factors in
treatment.
SYMPTOMATIC OR METASTATIC IRITIS.
Under this head Möller describes those forms of iritis which occur
as complications of various infectious diseases. It has long been
observed that iritis and other ophthalmias, occurred as
complications of the acute infectious diseases of the respiratory
organs of the horse formerly known under the general name of
“influenza.” More recently many veterinarians and others have
classed these influenza iritis separately under the name of “pinkeye.”
The same can be said of “contagious pneumonia” (brustsenche) of
horses which is distinctly caused by the diplococcus (streptococcus)
pneumoniæ equina. Attention was called to the iritic complication of
this disease in 1881 by Siedamgrotzky and it has been often noticed
since. Conjunctivitis is however a more frequent complication of this
disease than iritis. In both influenza and contagious pneumonia the
iritis often supervenes when convalescence has apparently set in.
Strangles is another affection in which the iris occasionally suffers.
Mathieu has described tuberculosis of the iris in cattle, and Möller
mentions with some hesitancy cases of iritis which complicated the
infection of the navel in new born animals.
The symptoms of symptomatic iritis vary according to the
particular infection. In addition to the fibrinous exudate the
infections of the respiratory organs are liable to be complicated by
blood extravasations. In influenza this may show as deep blotches on
the bulbar conjunctiva and in chemosis. In contagious pneumonia
Schütz met with iritis of a distinctly hæmorrhagic character.
In Matthieu’s cases of tubercle of the iris there was first a slight
lachrymation, and soon the iris assumed a grayish tint, and became
uneven and unduly approximated to the cornea though it failed to
become adherent to it. The swellings of the iris increased and became
of a grayish yellow color, and the pupil was usually contracted and
varied little in size. Post mortem examination showed the presence
of tubercles. The same condition has become familiar in connection
with experimental inoculation in the eye. As in ordinary iritis
adhesion to the capsule of the lens and cataract are common results.
Apart from the treatment of the specific primary disease this type
of iritis demands the same treatment as other forms. Strong atropia
lotions to prevent or break up adhesions and antiseptic astringents
are especially indicated. When implication of the second eye is
threatened it may be desirable to remove the first by enucleation.
(See Panophthalmitis).
FOREIGN BODIES IN THE IRIS.