Universal Periodic Review (UPR) Mechanism
Overview
All member States of the United Nations are periodically subject to the UPR, a mechanism established in the context of the creation of the Human Rights Council (HRC) by the UN General Assembly in 2006.
The methodology adopted by the UPR seeks to give effect to the principles of equality among nations, respect for sovereignty, and non-selectivity in addressing the human rights situations of different countries. The mechanism also offers all States the opportunity to present, in a constructive, transparent, and non-politicized manner, their considerations, concerns, and compliments on the internal human rights situation of their peers. The UPR provides a favorable environment for dialogue, exchange of experiences, and international cooperation on human rights.
During the UPR, States under review present legislative innovations and public policies implemented to promote and protect human rights at the domestic level. They also share information on existing advances and challenges, and may receive comments and recommendations on how to overcome possible limitations to the exercise of human rights in their territories. These recommendations may or may not be accepted by the State under review.
In 2017, the Human Rights Council began the 3rd cycle of the UPR evaluations. The first cycle took place from 2008 to 2011, and the second cycle lasted from 2012 to 2016. As established, Brazil was included in the first group of reviewed countries in this cycle. This evaluation took place in May 2017, during the 27th session of the UPR Working Group, which is composed of the 47 members of the Human Rights Council.
Recommendations
Recommendations are an important element of the Universal Periodic Review Mechanism. They signal the interest of States to constructively contribute to the promotion and protection of human rights in other countries, in a non-selective and non-politicized manner.
The number of recommendations offered to countries during the UPR has increased over the cycles. Having been one of the first countries to debut in the mechanism, in 2008, Brazil received only 15 recommendations during the first cycle, while in 2012, the number jumped to 170 and, in 2017, to 242. A similar phenomenon occurred with other countries: Argentina received only 21 recommendations in May 2008, followed by 118, in October 2012, and 188, in November 2017; China, in turn, received 47 recommendations in December 2008; 252, in October 2013; and 346, in November 2018. The French delegation received 33 recommendations in May 2008, 165 in January 2013, and 297 in January 2018.
The consistent increase in the proportion of recommendations signals the interest and confidence of UN member States in the UPR mechanism. In the weeks preceding the evaluation of their countries, the permanent missions in Geneva usually circulate a diplomatic note in which they inform of their participation in the mechanism, reiterate their commitment to the values that motivate it, and finally invite other countries to actively participate by constructively formulating recommendations.
Once the recommendations are presented in plenary, it is up to the examined country to decide whether to accept them or just take note. Accepted recommendations become commitments made by the country to its peers, on a voluntary and sovereign basis, and must be implemented in good faith.
Relevant documents
During the Universal Periodic Review, countries are invited to put forward recommendations based on:
(i) the national report submitted by the reviewed country;
(ii) information prepared by the special procedures of the HRC (working groups, experts and independent experts), by treaty bodies, and by other UN bodies;
(iii) other sources, such as documents prepared by civil society organizations and national human rights institutions.
Brazil’s participation in the 3rd cycle and preparation for the 4th cycle
In Brazil's most recent review, conucted in May 2017 as part of the UPR’s 3rd cycle, the country accepted 242 of the 246 recommendations received and took note of 4 of them.
Brazil is committed to implementing the accepted recommendations within the country's legal framework. A great part of the RPU's recommendations require continued action by the Brazilian State or the expansion of existing social programs, involving different areas of the government. Some of the recommendations refer to legislative or normative measures, thus requiring further consultations.
In November 2019, Brazil presented, for the first time, a part-time report on the implementation of the accepted recommendations, in fulfillment of a voluntary commitment made during its candidacy for re-election to the HRC in the same year. Brazil was one of the few countries to submit a half-time report within the regulatory period. The text of the report was the subject of public consultations, and its preparation was coordinated by the Ministry of Family, Women and Rights in partnership with the Ministry of Foreign Affairs and with other areas of the government.
As a follow-up, Brazil should present the final report of the 4th cycle by July 2022, informing on the work developed to meet the recommendations and on the challenges that require additional efforts. The review of Brazil is expected to take place during the 41st session of the RPU Working Group, in October 2022.
The preparation of national reports implies an intense coordination between the different branches of power and levels of government, as well as dialogue with civil society, with a view to preparing a document that summarizes the measures adopted to implement previously accepted recommendations, progress achieved and existing challenges on the human rights situation in the country.