A/HRC/10/12
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39. The outcome of the UPR should be implemented primarily by the State concerned and,
as appropriate, by other stakeholders. However, the Council will address, as appropriate, any
cases of persistent non-cooperation with the UPR mechanism after exhausting all efforts to
encourage a State to cooperate. The international community will assist in implementing the
recommendations and conclusions regarding capacity-building and technical assistance in
consultation with, and with the consent of, the country concerned. In considering the outcomes
of the UPR, the Council will decide if and when any specific follow-up is necessary. The
follow-up review which takes place during the second cycle (2012-2015) should focus on the
implementation of the recommendations of the previous review.
40. Therefore, the UPR can potentially contribute significantly to improving the environment
in which human rights defenders operate, making it a more enabling and accepted one. Such
potential is even stronger given that the Declaration on human rights defenders does not have a
monitoring body. Furthermore, it should be stressed that the objective of the UPR is to
complement, and not duplicate, the work of special procedures and treaty bodies. Indeed, the
concerns of these human rights mechanisms are raised during the UPR through the compilation
of United Nations information. Currently, no other universal mechanism of this kind exists, and
therefore it should also be used to enhance the protection of human rights defenders.
B. Assessment after three rounds
41. Overall, human rights defenders have emerged as one of the areas of review of the UPR.
However, this seems to be done unevenly from one review to the next, and from one report to the
next. Some national reports include information on human rights defenders, but several do not.
The compilation of United Nations information and the summary of stakeholder information
refer to the situation of human rights defenders more frequently, although without a specific
section on them. References to human rights defenders are generally found in sections of the
reports related to the right to life, liberty and security of the person and those on freedom of
expression, association and peaceful assembly. Some references are also made in sections on the
administration of justice and the rule of law, and the constitutional, legal and institutional human
rights framework.
42. In the compilations of United Nations information, most references to defenders are taken
from the reports of the Special Representative. The situation of human rights defenders appears
to emerge more forcefully and consistently in countries which she visited.
43. When the situation of human rights defenders is addressed in all three reports which form
the basis of the review, references to defenders are normally made in the report of the Working
Group. While NGOs which submitted information on defenders for the UPR, and were consulted
by the Special Rapporteur on their participation in the process, generally indicated that the
information they submitted was reflected in the summary of stakeholder information prepared by
OHCHR, the subsequent discussion and the report of the Working Group did not capture many
of the issues raised. In other words, it appears that, while the submission of information on
defenders from NGOs is a first step in the process and is normally fairly, although briefly,
reflected in the summary of stakeholder information, the situation of defenders is not thoroughly
reviewed by the process and, most importantly, is not comprehensively dealt with in the
recommendations of the Working Group. It is more likely for the situation of defenders to be
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