Please check against delivery Inter-sessional open-ended intergovernmental working group to develop the modalities of the universal periodic review mechanism Report on progress by the facilitator: H.E. Mr. Mohamed Loulichki, Permanent Representative of Morocco 2 October 2006 Human Rights Council Second session Mr. President, Distinguished delegates, Ladies and gentlemen, Following the decision taken by the Human Rights Council at its first session in June 2006 to establish an inter-sessional open-ended intergovernmental working group to develop the modalities of the new universal periodic review mechanism, or UPR for short, the Council has taken its initial yet crucial steps to exchange views and to address the many complex substantive and procedural issues that accompany the establishment of this important new mechanism. We have a daunting task before us. While we are guided by General Assembly resolution 60/251, it is clear that the resolution only provides the basic principles and framework for UPR while much of the work to give shape to that framework and to define all its intricacies and details remains to be undertaken. It is not, however, an insurmountable task. In the past few months, much thought has already been devoted to the possible modalities and process of review and all stakeholders have participated and contributed actively in this initial process of discussion and reflection. In my capacity as facilitator, therefore, I have the honour of presenting to the Council an update on the activities undertaken since the conclusion of the first session, and on the progress made following consultations on the modalities of UPR. Distinguished delegates, The Council has held four rounds of informal consultations on UPR: on 21 July, 2 August, and on 7 and 8 September 2006. Given the breadth and scope of the issues before us, I have tried to organize and structure our discussions along the following points which, as many delegations have expressed, have given focus to our work and have allowed us to identify areas on which further progress needs to be made: 1. The terms of reference for the implementation of UPR or the basis of review; 2. The objectives, aims and guiding principles of review to fulfill the aims set out in General Assembly resolution 60/251; 3. The process and modalities of review; 4. Other practical arrangements, such as the number of countries to be reviewed annually; 5. The possible result or outcomes of the UPR process; and 6. Any follow-up activities or mechanisms. Through the Secretariat, I have invited all stakeholders to submit written contributions outlining proposals and other views on UPR which, in addition to all oral statements made during the above-mentioned informal consultations, are available on the extranet page of the Council and have been compiled in a single comprehensive document (also available on the extranet). Further, the Secretariat has contacted all organizations named in Council decision 1/103 to request the submission of background information on other existing mechanisms for periodic review. To date, we have received detailed and useful information from the Council of Europe, the International Atomic Energy Agency, the International Labour Organization, the International Monetary Fund, the New Partnership for Africa’s Development, and the Organization for Economic Cooperation and Development, which have provided much food for thought and lessons to draw upon. All information received is publicly available and has been posted in full on the extranet page of the Council. In addition, a table containing a comparative summary of information on existing review mechanisms has been prepared and updated by the Secretariat and is also available on the Council extranet page. We have had extremely fruitful and enriching discussions and have heard from a variety of participants and stakeholders – Member States of the Council, Observer States, regional groups and other groups of States, non-governmental organizations and other observers, as well as from representatives of other international organizations. In this regard, I would particularly like to highlight our discussion on 7 September 2006, during which the Council heard presentations on existing mechanisms for periodic review from representatives of several international organizations invited at my initiative: the Council of Europe, the International Labour Organization, the New Partnership for Africa’s Development and the Organization for Economic Cooperation and Development. We all benefited greatly from the wealth of information shared, particularly with regard to lessons learned and best practices. It is my intention to extend another invitation to those organizations that were not able to participate in our discussions thus far: the International Atomic Energy Agency; the International Monetary Fund; the Organization of American States and the World Trade Organization. Furthermore, the seminar on the modalities of operation of the UPR mechanism, which was held in Lausanne, Switzerland, on 28 August 2006, was useful and I thank the Government of Switzerland for this initiative. While it is clear that many complex issues, both of a conceptual and practical nature, remain to be addressed and decided on by the Council in the future, we should feel some satisfaction with the progress we have achieved in our thinking and discussions, as well as with the productive efforts we have all exerted. Our discussions to date have allowed the Council, on the basis of General Assembly resolution 60/251, to consolidate a shared and common understanding of the objectives and aims of UPR, namely that the mechanism should ensure universality of coverage and equal treatment with respect to all States, that the review should be a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs, and that the mechanism should complement and not duplicate the work of other human rights mechanisms. More importantly, however, our discussions have allowed us, individually and collectively, to move beyond general statements of principles and objectives and to formulate more concrete proposals for the functioning of UPR, with a range of options presented on such issues as periodicity of review, sources of information for review, process, mechanism and actors to conduct the review, as well as outcomes and follow-up. While I do not wish to delve into any proposal at length at this time, particularly as all proposals are publicly available in full on the extranet page of the Council, I would simply like to state that all options before us have their merits and present a number of challenges, and all deserve further and more detailed consideration. Mr. President, Ladies and gentlemen, One of the most important tests for the Council to work effectively and credibly will be the establishment of the new UPR mechanism by which all States will be subject to a periodic review of the fulfilment of its human rights obligations and commitments. In this regard, whatever modalities are developed for UPR in the near future, the process by which those modalities are discussed and are ultimately agreed upon should continue to be inclusive, results-oriented, well-structured and transparent. Further, and as many delegations have pointed out, our work should not be conducted in isolation and should proceed at a similar pace and in a similar manner to the work of the inter-sessional intergovernmental working on the issue of reviewing and, when necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities of the former Commission on Human Rights, given the necessary inter-linkages between the two processes. Only if we proceed in this manner, can we collectively develop a strong and functioning mechanism that will address the criticisms of over-politicization and non-selectivity that had plagued the former Commission on Human Rights and that will live up to the aims and goals set out by the General Assembly. I remain confident that the UPR mechanism will develop into a significant, constructive and highly visible new activity of the Council, and I count on all of you to continue to participate and contribute actively and constructively in our joint endeavour. Before I conclude, I would like to inform all delegations that the proposed dates for meetings of the working group are: Monday, 13 November 2006; Tuesday, 14 November 2006 (in the afternoon only); and Wednesday, 15 November (also in the afternoon only) Thank you.   1