A/HRC/38/25
I. Introduction
1.
In its resolution 35/29, the Human Rights Council requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to prepare a study, in close
cooperation with the Inter-Parliamentary Union (IPU) and in consultation with States,
United Nations agencies and other relevant stakeholders, on how to promote and enhance
synergies between parliaments and the work of the Human Rights Council and its universal
periodic review, and to present it to the Council at its thirty-eighth session.
2.
In accordance with the resolution, OHCHR sent a note verbale dated 16 November
2017, inviting Member States to forward a questionnaire to their respective parliaments on
parliamentary human rights-related structures and parliamentary engagement with United
Nations human rights mechanisms, including the Human Rights Council and the universal
periodic review. The questionnaire (see annex II) was also sent by the IPU Secretary
General to the 178 Member Parliaments of IPU worldwide, in January 2018.
3.
The present report, prepared in close cooperation with IPU, contains an analysis of
responses to the questionnaire, with the aim of presenting existing good practices relating to
the United Nations human rights mechanisms, including the universal periodic review. The
draft principles on parliaments and human rights contained in annex I below and developed
based on available research and OHCHR practice provide Member States with practical
elements that, once further considered, including in consultation with members of
parliamentary human rights committees, and adopted by an intergovernmental body, could
serve as a guide and further strengthen the role of parliaments in the effective promotion
and protection of human rights.
II. Third universal periodic review cycle and the emphasis on
national implementation
4.
The establishment of the Human Rights Council in 2006 and its universal periodic
review mechanism have provided States Members of the United Nations with a unique
platform to share their best practices, and to cooperate with each other to advance human
rights, while ensuring non-selectivity, impartiality and objectivity. All 193 Member States
have been reviewed twice as a part of the universal periodic review process and, on 1 May
2017, the third four-and-a-half-year review cycle began. The continued universal and highlevel participation in the review reflects Member States’ political willingness and
commitment to pursue that human rights peer-to-peer dialogue on an equal footing and in a
more cooperative context, with a strong focus on implementation and follow-up to accepted
recommendations.
5.
Universal periodic review recommendations have grown in number, and have
become more focused, with about 200 recommendations typically being made to a country
in the third cycle following interventions by, on average, 90 States. The substantive human
rights issues contained in those recommendations often reflect the contents of
recommendations from treaty bodies and special procedure mandate holders. Thus,
universal periodic review recommendations represent a cross section of human rights gaps
in implementation at the country level, both in law and in practice. They point to areas that
need strengthening in order to bolster national human rights institutions and national
capacities, foster resilience and create an environment conducive to addressing possible
root causes of human rights violations. The systematic implementation of key
recommendations may, therefore, also have a preventive effect, contributing to staving off
triggers of violent conflict and humanitarian emergencies, as well as to lessening
displacement and migration flows. It also ensures the success and sustainability of efforts to
achieve the Sustainable Development Goals by anchoring them in the solid foundations of
respect for human rights resulting from legal obligations and political commitments.
6.
As stated by the Secretary-General, the United Nations will work to strengthen the
relevance, precision and impact of the Human Rights Council’s recommendations,
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