Participation of the CCDH in the UPR
Complementing the work of treaty bodies, the Universal Periodic Review (UPR) is a new mechanism of the Human Rights Council (HRC), the main body in the United Nations in charge of human rights, established by Resolution 60/251 on 15 March 2006 of the UN General Assembly, replacing the Commission on Human Rights.The UPR is a political review, on the basis of objective and reliable information, of the human rights situation in a country and respect by that State of its obligations and commitments in the field.
A universal review at the geographical and substantial level
This mechanism, under which the HRC examines the human rights situation in every UN member state, is innovative because of its universal character, both at the geographical level (review of the 192 UN member states by the HRC once every four years. This means that 48 States are reviewed per year, divided into three sessions of two weeks), and substantial level (examination of all human rights based on all sources).
The added value of the UPR consists in the universality of its action, since all UN member states will be reviewed on an equal footing, whether they ratified all international instruments on human rights or not.
The review is based on information contained in three reports: a national report not exceeding 20 pages, prepared by the State under review following the HRC general guidelines, a 10-page compilation, prepared by the OHCHR on the basis of information included in reports of treaty bodies, special procedures and other UN documents, and a 10-page summary prepared by the OHCHR on the basis of credible and reliable information provided by other relevant stakeholders (National human rights institutions (NHRI) and NGOs are invited to submit reports not exceeding 5 pages).
Thus, the HRC, on the basis of these three documents, meets in a working group, composed of 47 member states and chaired by the HRC President. The HRC shall review the State concerned. The observer states can take part in the review and the interactive dialogue with the State under review. However, the NHRI, UN specialised agencies and NGOs can attend the working group but not take the floor.
A group of three rapporteurs (Troika), selected by the drawing of lots among HRC members and from different regional groups, is established to facilitate the review and draw up the working group's report.
Concerning the interactive dialogue between the State concerned and the HRC, it lasts three hours and takes place within the working group. The rapporteurs may, in advance, transmit to the State under review a list of written questions raised by States to enable it to prepare elements of information on specific points.
A period of 48 hours is then scheduled between the review and adoption of the report on each State in the working group. An additional hour is allocated to the review of the working group’s final document by the HRC in a plenary session. The adoption of the final document by the HRC in plenary takes place at the next session during half an hour. However, before adopting the final document, the State under review has the possibility of submitting answers to questions or issues that have not been adequately treated in the interactive dialogue.
The State under review, HRC member states and observer states can express their opinion on the final document before its adoption in a plenary session. The same is true for other stakeholders such as NGOs and national institutions.
The final document of the review takes the form of a report containing a summary of discussions, recommendations and/or conclusions and voluntary commitments of the State under review. It is an objective and transparent assessment of the situation, positive developments, challenges and best practices, with an emphasis on strengthening cooperation, an offer of technical assistance and voluntary commitments of the State under review. The recommendations supported by the State under review are recorded as such, while others are highlighted as well as observations of the state concerned about them.
Participation of CCDH
During the phase of institutional building of the UPR, Mr Mohamed Loulichki, Permanent Representative of the Kingdom of Morocco to the United Nations Office in Geneva, was appointed facilitator. He proposed, within the scope of the Group of French-speaking Ambassadors to the United Nations Office in Geneva, that Morocco hosted a seminar designed to introduce the new mechanism to the representatives of the countries concerned. As a result, a seminar on the UPR was organized in partnership with the International Organisation for the Francophonie (OIF) and the High Commissioner for Human Rights (OHCHR) in Rabat, on February 2-3, 2008.
Morocco has been drawn to be part of the first group, which was subject to the UPR by the HRC. The first working group meeting was held from 7 to 18 April 2008. The review of Morocco took place in the 4th position, on Tuesday, April 8.
February 25, 2008 was set as the deadline for submission of the report of Morocco, that is six weeks prior to the HRC working group meeting.
As a national institution for the promotion and protection of human rights, the CCDH, a national institution with status “A” according to the International Coordinating Committee, participated actively in the review process of Morocco by the HRC. Hence, it prepared and submitted on November 20, 2007 a report to the OHCHR, in accordance with Resolution No. 60/251 of 15 March 2006 of the UN General Assembly. In accordance with the HRC guidelines, the CCDH report was made following a participatory approach, based on a consultation process with CCDH working groups.
In addition, the CCDH participated pursuant to its powers (Article 2 of the Dahir of 10 April 2001) in preparing the national report, through collection of information requested by government departments, participation in inter-ministerial consultation meetings, study of the draft national report and formulation of views on the form and content of the national report.
Finally, the CCDH dispatched a delegation to the HRC in Geneva to monitor the review of Morocco within the scope of the UPR. Its recommendations and those of the Equity and Reconciliation Commission appeared among the recommendations contained in the report of the HRC working group, the implementation of which was formally backed by Morocco.
By Hamid Benhaddou
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The Moroccan government delegation, headed by Minister of Justice, Mr Abdelwahed Radi, was composed of the following departments:
- Ministry of Foreign Affairs and Cooperation;
- Office of Prime Minister;
- Ministry of Justice;
- Ministry of Interior;
- Ministry of Employment and Vocational Training;
- Ministry of Finance;
- Ministry of Health;
- Ministry of Housing and Urban Development;
- Royal Advisory Council for Saharan Affairs ;
- Ministry of National Education, Higher Education, Training and Scientific Research.
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- The report presented by Morocco;