A/HRC/2/2
A/HRC/Sub.1/58/36
page 87
47.
It may be possible to envisage closer cooperation with those special procedures which
reflect upon an issue, as opposed to monitoring compliance with established norms and
standards.
48.
It would be helpful if the reports of special rapporteurs were made available to HRCC
and its WGs, as and where relevant to their own work.
3. UPR
49.
In resolution 60/251, paragraph 5 (e), the Assembly established a general framework for
the UPR mechanism. It is for the Council to determine the form that UPR should take. If the
Council feels that it would be useful, the Sub-Commission is ready to make its own views and
opinions available. In the present context, the Sub-Commission will limit itself to making
general observations regarding the functioning of UPR, insofar as they might have an impact on
the role of HRCC or a body providing general thematic advice and proposing new standards.
(a)
The UPR process
50.
It will be necessary to gather the information to be relied upon. That task, which could
be performed by OHCHR, might be thought inconsistent with the impartiality of OHCHR for it
to be involved in the process of evaluating the material compiled. That task may therefore need
to be undertaken by a group of independent experts (UPR expert body).18
51.
The evaluation could determine the issues and questions to be raised in the interactive
dialogue. The interactive dialogue could be conducted by members of the Council, assisted by
the UPR expert body. The UPR expert body could formulate recommendations on the basis of
the dialogue. Those recommendations could be transmitted to the Council, which could be
charged with the responsibility of ensuring follow-up. Two stages might best be performed by
an expert body: first, the evaluation of the material and the identification of the issues/questions
to be raised and, second, the formulation of recommendations.
52.
The success of the UPR process would be compromised if it were to be an entirely
political process. For all these reasons, it is submitted that there is a need to involve both
independent experts and either members of the Council or their nominees, but there should be no
confusion between the respective roles of the two.
53.
The need for an expert body does not necessarily mean that the function should be
performed by HRCC.
18
The Council may wish to consider the precedent of the Committee on Economic, Social and
Cultural Rights. When the Economic and Social Council determined that there was a need for a
committee in that field, it first chose to operate through a body of governmental experts. It
subsequently decided that the functions could only be performed by an independent expert body.
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