April 2009/N°2 The Role of Parliaments in the Universal Periodic Review A review of resolution A/HRC/Res/5/1 of the Human Rights Council and further suggestions Felix Kirchmeier The Role of Parliaments … Within democratic states the prime roles of Parliament are the enact­ing of legislation and control of the government. Elected representatives, including from political minorities, fulfill their role in a“checks and bal­ances” system. The Universal Periodic Review(UPR) is a mechan­ism reviewing the human rights situation in every UN member state in a comprehensive way 1 . The government of the“State under Review”(SUR) is responsible to prepare for and respond to the review, but according to resolution A/HRC/Res/5/1 of the Human Rights Council(HRC), the UPR should“[e]nsure the participation of all relevant stakeholders”(para. 3 m). The UPR process is generally divided into three phases – the preparation of the background doc­uments; the two-step review of the state con­cerned(review by the working group, adoption of the report by the HRC plenary); the national fol­low-up to the review. Given the role of Parliaments nationally, it is sur­prising how undefined and underdeveloped their role in the UPR process is. In the relevant resolu­tion, there is no distinct reference. Parliaments may be part of the broader group of“relevant stakeholders”(see above), which includes at the same time NGOs, National Human Rights Institu­tions, academic institutions and individuals, albeit the role of this broad group is defined quite va­guely, too. The present Fact Sheets explores the possible roles of Parliaments in the UPR – it does not give an 1 For general information and official documentation see: www.ohchr.org/EN/HRBodies/UPR/Pages/UPRmain.aspx. exhaustive description of the UPR process, 2 but rather a brief overview, outlining the most promis­ing entry points for parliamentary involvement. In the preparation of the national UPR re­port, states are“encouraged to prepare the in­formation through a broad consultation process at the national level with all relevant stakehold­ers;”(para. 15 a), which of course may include Parliaments. But they are not required to do so. Within a government, the preparation of the na­tional report is often entrusted to the Foreign Of­fice, but also to the Ministry of Justice. In practice, different ministries contribute to the report, which is compiled by one focal point. Consultations with other stakeholders(i.e. civil society, trade unions, etc.) are organized by this focal point. Only in rare cases, this role has been fulfilled by Parliament 3 ; yet, the pluralistic nature of Parliament could make it a prime convener for such consultation meetings, especially in countries where this role is not fulfilled by a National Human Rights Institu­tion. Apart from this national report, the UN Office of the High Commissioner for Human Rights (OHCHR) prepares two documents which also serve as background for the review: a 10 page compilation of information by the UN system on 2 For in depth information and analysis see, e.g.: Theodor Rathgeber: The HRC universal periodic review: a preliminary assessment, Berlin and Geneva: Friedrich-Ebert-Stiftung, 2008.(Dialogue on globalization: Briefing papers- FES Geneva), available in English and Arabic. For ongoing re­views and “ frequently asked questions ” see: www.upr­info.org. 3 In Brazil, e.g., Parliament’s Human Rights Committee organized a hearing on the UPR.