Way forward for Kenya’s Universal Periodic Review

Way forward for Kenya’s Universal Periodic Review Considerations and Strategies Hellen K. Mutellah Steering Committee Member KSC- UPR

Outline of presentation • Objectives Of The UPR • UPR Cycle- At A Glance • Roles In Follow-up To Implementation Of Recommendations • Possible Follow Up Strategies • Best Practices • Challenges to note

A. Objectives Of The UPR • Improvement of human rights situation on the ground • Fulfillment of the State’s human rights obligations and commitments, and an assessment of the positive developments and challenges it faces • Enhancement of the State’s capacity and the provision of technical assistance, in consultation with, and with the consent of, the State concerned • Sharing of best practice among States and other stakeholders • Support for cooperation in the promotion and protection of human rights • Encouragement of full cooperation and engagement with the Human Rights Council, other human rights bodies and the Office of the United Nations High Commissioner for Human Rights (OHCHR).

Objectives Of The UPR (Cont’) • Change i.e. programmes / systems that would lead to further implement of Human Rights; • New Policy & Legislations • Judicial decisions meant to implement Human Rights; • greater transparency on the part of government on the implementation of Human Rights; • better co-operation with government in the implementations of human rights . • Change in mind sets and attitudes of those in the country, • greater public dialogue on human right issues.

B. UPR Cycle- At A Glance • Phase 1 – Elaboration of the 3 reports which will be considered during the review • Phase 2 – Interactive Dialogue: a 3-hour session in Geneva to consider the reports elaborated in phase 1 - the State under review (SuR) presents its report orally, answers to questions and receives recommendations • Phase 3 – Adoption of the outcome report containing the recommendations to be implemented by the SuR and; • Phase 4 – Follow up of recommendations and preparation for the next review.

UPR Cycle- At A Glance (Cont’) • Where we are as stakeholders: Phase 3 (Human Rights Council session) • 1 hour plenary meeting during the regular session of the HRC, dedicated to the adoption of the outcome of the UPR for each country under review • Reviewed State, Council members and Observer States given opportunity to express views before adoption of outcome document. • Other relevant stakeholders also given an opportunity to express their views before adoption. • Usually through a statement of 2 minutes. • Therefore need to strategically plan who shall be responsible for delivering this statement and how the views and interests of all stakeholders will be captured • Outcome document adopted by the council

UPR Cycle- At A Glance (Cont’) • Pursuant to the UPR review a report is adopted that contains recommendations, conclusions and voluntary pledges. • The type of recommendation determines the kind of action stakeholders need to take. • Recommendation directed at non-SuR states, or calling upon the SuR to request assistance from, or share information with, non-SuR states • Recommendation emphasizing continuity (continue, persevere, maintain) • Recommendation to consider change (consider, reflect upon, revise, review, envision) • Recommendation of action that is general in nature (take measures or steps towards, encourage, promote, intensify, accelerate, engage with, respect, enhance) • Recommendation of specific action (undertake, adopt, ratify, establish, implement, recognize –in international legal sense).

C. Roles In Follow-up To Implementation Of Recommendations • The State : primarily responsible for the implementation of the UPR outcomes (conclusions, recommendations, voluntary pledges and commitments) that are part of the resultant documents. • The international community : called upon to assist States to implement review outcomes regarding capacity-building and technical assistance, in consultation with and with the consent of the State. • Council : may address, as appropriate, cases of persistent non-cooperation with the UPR mechanism where it has exhausted all other efforts to encourage a State to cooperate with it.

D. Possible Follow Up Strategies Pre Human Rights Council Session (September 2010) (a) Recommendations rejected & differed • Advice the State in relation to the recommendations it declined. How? Consider using the available committee in place i.e. the Advisory Committee on International Obligations Min. of justice • Critique the recommendations rejected/not accepted by the SuR with a possible view of offering technical advise and clarification on the recommendations

Possible Follow Up Strategies (Cont’) • Recommendations that have been accepted • Prepare work-plan on the basis of the Outcomes Report • Organise events to inform civil society on the results of the review. i.e. a webcasting event showing the interactive dialogue for their communities. • Organizing a press conference to publicize the results of the outcome document that was been approved by the country and made voluntary commitments for improvement. Also highlight recommendations that were rejected and/or put on hold

Possible Follow Up Strategies (Cont’) • Use the media i.e. TV stations, newspapers and even the internet i.e. blogs and other avenues to spread the word. And further Keep up the attention of the media, which usually looses its interest after the Working Group session. • A meeting of stakeholders i.e. to discuss the relevance that the UPR outcome to them • Sending out thank you notes and or letters to the State missions who took part in the UPR and who took up the issues that were raised in the advocacy charter

Possible Follow Up Strategies (Cont’) • Organize meetings. Which can be seminars, workshops, talk’s e.t.c to discuss the relevance of the outcome document with your community, and how community members can engage in the implementation process? • Translating, if necessary, and disseminating the UPR recommendations among civil society organizations and to governmental bodies beyond the Ministry of Foreign Affairs

Possible Follow Up Strategies (Cont’) • Lobby the Council to decide on specific follow-up. • Assess the value of the work which we have undertaken thus far: comparing our initial stakeholder reports with the OHCHR summary; and with the eventual questions/recommendations by states; and responses by the Kenyan state, etc. • Confirm the way forward for UPR: that we should deploy an integrated approach based on the complimentarity of different human rights frameworks (Treaty Body, Special Procedures, UPR, etc).

Possible Follow Up Strategies (Cont’) • Prepare for making a statement during the regular HRC session stakeholders have only 2 minutes to speak. • Sending out thank you notes and or letters to the State missions who took part in the UPR and who took up the issues that were raised in the advocacy charter.

Possible Follow Up Strategies (Cont’) Post Human Rights Council Session (September 2010) • Stage at which stakeholders need to strategize on the steps that need to be undertaken to ensure the realizations of the recommendations contained in Kenya’s outcome report • Begin to clarify the necessary milestones to realize the recommendations it accepted (this action can begin after the adoption of the Outcomes Report in September).

Possible Follow Up Strategies (Cont’) • Raising awareness about the UPR, this may be done by organizing thematic discussions, round tables, seminars and workshops. • Undertake mapping of those relevant stakeholders interested in being part of the implementation process and those that are not. • Defining which of the recommendations your organization will address and how (this can include those rejected by the SuR);

Possible Follow Up Strategies (Cont’) • Working with national entities (including Government, parliament, the judiciary and NHRIs) to help the State meet its obligations. In this regard Stakeholders often act as a catalyst to promote national legislative reforms and develop national policies. • Ask the government for a plan of action to implement the recommendations and for governmental bodies to further incorporate the recommendations in their planning, or Stakeholders can collaborate with the State on developing a national action plan to implement the UPR outcomes where relevant stakeholder can engage in consultation with the government to participate in the implementation. This should be seen as an avenue through which relevant stakeholders can share expertise in the human rights field of concern, and to make the process and methodS of implementation as effective and targeted as possible.

Possible Follow Up Strategies (Cont’) • Develop a strategy to monitor implementation. Government progress, problems or limitations during the 4 years between reviews. • Monitor the human rights situation in the country and steps taken locally to implement UPR outcome. This can be done be collaboratively coming up with progress reports and or mid – term review reports internally. • Whenever possible, do not limit working only with the Ministry of Foreign Affairs. Instead, work closely with other ministries and state agencies responsible for the issues addressed by the recommendations. Follow-up action could be undertaken in cooperation with the State entities, to whom the recommendations are addressed;

Possible Follow Up Strategies (Cont’) • Reporting back to the Council, treaty bodies and other relevant bodies on the status of implementation of recommendations under the various monitoring treaty body committees • Make reference to recommendations and commitments in correspondence and public documents on the country concerned • Pressuring for a follow up by the HRC • Encourage review of implementation of recommendations in subsequent UPR reviews of the country concerned

Possible Follow Up Strategies (Cont’) • Starting to work for the next cycle of the review by engaging with national entities towards the preparation of information for the next periodic review; and collaborating with other civil society actors in the preparation and submission to OHCHR of follow-up information on the implementation of UPR outcomes. • Pressuring for a follow up by the HRC • Lobbying the Human Rights Council to decide on specific follow-up.

E. Best Practices Brazil • After the review and the adoption of the Working Group’s report on Brazil, in April 2008, Conectas, a Brazilian human rights organization, undertook • translated the recommendations and voluntary commitments contained in the report into Portuguese; • It analyzed the content of the Working Group’s report, the conclusions of which were brought to the attention of the Brazilian Government and identified by Conectas in an oral intervention made at the Human Rights Council’s eighth session; and • In collaboration with a coalition of Brazilian NGOs arranged a public discussion on the UPR process with the human rights commission of the Brazilian parliament.

Best Practices (Cont’) Since the Council’s adoption of the final report, Conectas has: • Worked on follow-up to UPR recommendations and voluntary commitments by establishing partnerships with NGOs that work on specific issues in order to assess Brazil’s progress in implementing UPR outcomes; and • Worked with the Government in an ongoing process to identify concrete steps and policies towards implementing UPR recommendations and achieving voluntary commitments. • shared its experiences with partner organizations in Argentina, Peru, the Philippines ,South Africa and Kenya

Best Practices (Cont’) France & Finland • Reviewed under the UPR in 2008 and in 2010, Friday and 11 June 2010, undertook a mid – term review of its status of implementations made on the recommendations • Finland presented on during Human Rights Council item 6 a mid- term report concerning the state of implementation of the 10 recommendations received and the two pledge made in the framework of their UPR held in April 2008.

Challenges to note • Implementation should start at the National Level so that the impact can be felt and also adopted at the local level. • How to prioritize and define concrete strategies to work on follow up to recommendations • Incorporating UPR activities in our respective organisational plans of action • Work in a integrated manner with recommendations deriving from other UN mechanisms, such as the treaty bodies and special rapporteurs and; • Some recommendations are “vague”, making follow up difficult.

THANK YOU

Way forward for Kenya’s Universal Periodic Review