A/HRC/43/37
features good stories and impactful measures taken on the basis of mandate holders’
recommendations, is a good initiative that could be replicated for other mechanisms.
27.
Greater synergies and exchange of information between special procedures and
other human rights mechanisms should also be promoted. Special procedures and treaty
bodies could work together more closely, for example, on country reviews and the
consultation processes that lead to the adoption of general recommendations.
E.
Universal periodic review
28.
The universal periodic review is widely praised for its universality, inclusiveness
and acceptance by all States. The long-term preventive potential of this mechanism is also
generally acknowledged. Its capacity to address immediate human rights emergencies is
limited owing to the periodicity of the review cycle. But here again is a mechanism whose
preventive potential is underutilized in the absence of the adoption of an explicitly
preventive perspective. The national preparatory process leading to the review could have a
significant preventive impact if conducted inclusively through the involvement of a wide
range of stakeholders, including, inter alia, various government institutions, national human
rights institutions, civil society organizations, development actors, financial institutions and
peacebuilders and if all of them were more explicitly attuned to prevention. Consultations
should be expanded as broadly as possible and include all relevant State institutions,
including parliaments, since many recommendations require legislative changes. It was
suggested that OHCHR support capacity-building activities conducted for this purpose.
29.
The consultations showed that for the universal periodic review process to have a
concrete preventive impact, more informed, precise and results-based recommendations
were indispensable. The proliferation and dispersed nature of recommendations in outcome
reports do not promote the adoption of a systematic approach to prevention. In order to
enhance the preventive potential of the universal periodic review, States also need to adhere
to this approach and take steps accordingly. This includes the clustering and prioritization
of recommendations, during the review and when developing national implementation
plans. The country matrices produced by OHCHR, which list recommendations adopted
during the previous cycle, clustered by theme, in order to facilitate the assessment of their
level of implementation, are a welcome initiative. States should be encouraged to use these
matrices, and to give due consideration to the letters containing priority recommendations
sent by the High Commissioner after each review.
30.
An assessment of the implementation of universal periodic review recommendations
adopted during previous cycles should be prioritized. Human rights indicators could be
used to this end. Mid-term reports are a key tool to conduct this assessment, even though
only 73 States have produced such reports so far. At midway between two cycles, OHCHR
regional and country presences should also systematically engage in discussions with the
States concerned on the implementation of universal periodic review recommendations.
The setting up of national mechanisms for implementation, reporting and follow-up should
also be encouraged, as long as it is done in consultation with all actors, including all
branches of government and civil society organizations.
F.
Investigative bodies
31.
Investigative bodies can take various forms, from fact-finding missions to groups of
experts, high-level missions or commissions of inquiry. When establishing such
mechanisms, the Council should consider the preventive impact that they could have and
reflect it in their mandates. So far, only the Commission on Human Rights in South Sudan
has such a prevention component in its mandate. As they are usually created after a human
rights emergency or a conflict has occurred, investigative bodies are not always seen as
mechanisms that are preventive in nature. Yet, they can contribute to the non-recurrence of
violations, through the deterrent effect of the international attention, the collection and
archiving of information on human rights violations, the identification of alleged
perpetrators, and their recommendations on accountability and transitional justice,
including reparation processes for victims. Some States also highlighted that the media
work of investigative mechanisms can also play a preventive function, insofar as it raises
perpetrators’ awareness about the consequences of their acts.
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