Toward a permanent national mechanism to follow up the implementation of Egypt's pledges before international mechanisms

 Policy Paper

Issued it

Public Policy Analysis and Human Rights Unit

Affiliate Foundation

, Maat for Peace, Development, and Human Rights

Under a project

The Universal Periodic Review as a Tool to Improve Public Policies during the Transition (Funded by the European Union)

November 2016

“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.

Introduction:

The universal periodic review is a unique mechanism, as it includes the review of the human rights records of all 192 member states of the United Nations every four years. The universal periodic review is the most important mechanism of the Human Rights Council, as it is based on equal treatment among all countries. It provides an opportunity for all states to announce the measures they have taken to improve human rights conditions and overcome challenges to their enjoyment. It also includes a sharing of best human rights practices across the globe, as well as the participation opportunities it provides to civil society organizations and various stakeholders.

Therefore, member states are working to establish permanent committees concerned with the issue of the universal periodic review, which will be entrusted with following up on the implementation of what states have committed themselves to in the session to which they were subjected, on the one hand, and on the other hand they work on drafting reports that are submitted to the universal periodic review mechanism every four years as there is in some Countries have committees specialized in the mechanism, as well as all international treaties and covenants ratified by that state.

In this context, the “Public Policy Analysis and Human Rights Unit” of the Maat Foundation for Peace, Development and Human Rights has been interested in drafting a policy analysis paper entitled Toward a permanent national mechanism to follow up the implementation of Egypt's pledges before international mechanisms,  This is in light of the Foundation’s implementation of the project “The Universal Periodic Review as a Tool to Improve Public Policies during the Transition Period” funded by the European Union during the period 2016-2017, which was the paper that was subject to discussion during a round table of experts in October 2016.

The paper dealt with several basic points, starting with a historical background on the universal periodic review mechanism and the decision to establish it and its goal, then the paper moved to highlight the work of some committees in some Arab countries, then in the third axis the paper dealt with Egypt's position on the universal periodic review mechanism and the committee concerned with that. In the fifth axis, the most important problems that guide the work of the current committee or any of the committees that are formed to follow up the international mechanisms, and in the last axis the paper presented some recommendations that should include the work of the committee.

The first axis: the definition of the universal periodic review mechanism

United Nations General Assembly Resolution 60/250 of March 15, 2006 stipulated that the “Human Rights Council” should replace the “Commission on Human Rights”. The resolution approved the Human Rights Council to conduct a comprehensive periodic review of the human rights situation at the global level to ensure equal treatment of all states.

The Universal Periodic Review is designed as a self-review mechanism that every member state of the United Nations conducts every four years to verify their fulfillment of their human rights obligations, obligations and commitments. Resolution No. 251/60 stipulated that the UPR mechanism should be based on objective and reliable information, and that it would be a cooperative mechanism based on interactive dialogue with the full participation of the state concerned, taking into account its needs in the field of capacity building.

The decision also affirmed that this mechanism is a complementary mechanism to the work of the bodies supervising human rights treaties and not a duplicate of their work, with the aim of improving the human rights situation on the ground, while working to ensure that the state fulfills its duties and obligations towards human rights, and works to evaluate positive developments And the challenges facing the state, while strengthening the state’s capacity by providing technical assistance to it, provided that this is done in consultation with the concerned state and with its consent, working on transferring positive practices between states and other concerned parties, supporting cooperation in the field of promoting and protecting human rights, and ultimately encouraging engagement And full cooperation with the Human Rights Council and other human rights bodies, and with the Office of the High Commissioner for Human Rights of the United Nations.

The Universal Periodic Review is based on a set of documents submitted to the Human Rights Council concerned with this mechanism, namely:

1. State report

Each member state submits this report in accordance with paragraph 15) of the annex to the Human Rights Council Resolution No. 15/1, which states that: “Information prepared by the concerned state based on general guidelines approved by the Council at its sixth session (the first session of the second session) And any other information that the concerned state deems useful may take the form of a national report to be submitted orally or in writing, provided that the written presentation summarizing the information does not exceed 20 pages, in order to ensure equal treatment of all countries and not to overburden the mechanism. And encouraging countries to prepare information through a broad consultative process at the national level with all concerned parties.

2. Report of the Office of the High Commissioner for Human Rights

A set of texts prepared by the Office of the High Commissioner for Human Rights in accordance with Paragraph 15 (b) of the annex to Human Rights Council Resolution 5/1, which states: “In addition to a set of texts prepared by the Office of the High Commissioner for Human Rights summarizing the information contained in the reports of the bodies overseeing human rights treaties , The special procedures, the observations and comments of the countries concerned, and other relevant official United Nations documents, provided they do not exceed 10 pages.

3. Report of stakeholders / non-governmental organizations

It is a summary of additional reliable information that can be relied upon and prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15) of the annex to Human Rights Council Resolution No. 5/1, which states: “In addition to reliable and reliable information prepared by other stakeholders and submitted to the periodic review. Comprehensive information that the board should take into account during the review. The Office of the High Commissioner for Human Rights will prepare a summary of this information, not exceeding 10 pages.

The report of the country concerned and the conclusions of the Office of the High Commissioner for Human Rights must be prepared six weeks before the date of the review to be conducted by the working group, in order to ensure that these documents are distributed simultaneously in the six official languages of the United Nations in accordance with General Assembly Resolution 53/208 of January 14, 1999. The reports Stakeholders / NGOs must be submitted five to seven months before the date of the review so that the Office of the High Commissioner for Human Rights can summarize it.

Among the stakeholders referred to in Resolution No. 5/1, include non-governmental organizations, national human rights institutions, human rights defenders, academic institutions and research institutes, regional organizations, as well as representatives of civil society.

The country’s report is reviewed in one working group of the Human Rights Council, which is made up of 47 member states of the United Nations. The review is chaired by the President of the Human Rights Council. When the status of a member state is reviewed, a group of three rapporteurs is selected to facilitate the review and prepare the report drawn from the results of the review of the working group.

The tripartite group of rapporteurs is chosen by lot from among the members of the Human Rights Council from different geographical areas, and they are provided with assistance and expertise by the Office of the High Commissioner for Human Rights.

After the working group completes the review of the status of the concerned country, the tripartite rapporteurs formulate the final review report with the participation of the concerned country and with the assistance of the Office of the High Commissioner for Human Rights.

This report, which is known as the results report, includes a summary of the discussion that took place in the session, details of the questions, comments and recommendations that the member states submitted to the country under review, in addition to that state's responses and its voluntary commitments.

The country under review is also entitled to provide initial comments on recommendations and to choose whether to accept or reject these recommendations. Accepted and rejected recommendations are included in the report.

During the working group session, half an hour is allocated to approve the results report for each country whose report is reviewed during the session. No report will be approved before 48 hours have passed since the actual review is completed. After adopting the report, the concerned countries are given a period of two weeks to make written amendments to their statements. The UPR outcome report is then adopted at the next Human Rights Council plenary session.

During the plenary session, the member state can answer questions and issues that were not adequately addressed in the working group session, and present its position on the recommendations that member states made during the review. Time is also allocated for Member States and observer states that wish to express their opinion on the results of the UPR. Time is also allocated for NGOs and other stakeholders to provide general comments[1].

The second axis: the formation of follow-up committees after the universal periodic review

The follow-up to the recommendations of the UPR is extremely important to achieve the primary objective of this review, which is to improve the human rights situation in the member states of the United Nations. Where the primary responsibility for implementing the results of the universal periodic review rests with the state whose status was reviewed, and the other concerned authorities. The concerned state can develop implementation plans regarding the recommendations contained in the results report, and the concerned authorities can also distribute the results of the universal periodic review at the national level and increase Of their interest in the UPR. This has prompted some countries to form permanent committees to monitor the performance of their government in implementing the recommendations accepted by the country under review, with the aim of strengthening the frameworks for implementing policies that are compatible with human rights.

The following is a quick review of some of the standing committees set up by states to follow up the implementation of the recommendations submitted to the state by the UPR mechanism:

• the two seas

The State of Bahrain has formed the Higher Coordination Committee for Human Rights by Resolution No. (50) of 2012 and restructured it by Resolution No. (14) of 2014 headed by the Minister of Foreign Affairs, and the membership of each of: a representative of the Ministry of Foreign Affairs, a representative of the Ministry of Human Rights Affairs, a representative of the Ministry of Interior, A representative of the Ministry of Justice, Islamic Affairs and Endowments, a representative of the Ministry of Education, a representative of the Supreme Council for Women, a representative of the Ministry of Social Development, a representative of the Ministry of Health, a representative of the Ministry of Labor, a representative of the National Security Service, a representative of the Public Prosecution, a representative of the Authority Media Affairs, and a representative of the Civil Service Bureau[2].

The committee is responsible for coordination between government agencies in all matters related to human rights, according to the competence of each party. Increasing governmental efforts in the field of human rights require special attention in organizing them to ensure the highest levels of coordination, in a way that contributes to achieving the human rights goals on which all governmental institutions work. The Higher Coordinating Committee for Human Rights was also given a set of powers to play its role to the fullest, and it includes the following:

• Establishing a coordination mechanism to ensure the best policies for dealing with human rights issues.
• Preparing a national human rights plan at the government level and submitting it to the cabinet for approval.
• Coordination in preparing responses to data and questions issued by organizations and associations inside and outside the Kingdom related to human rights.
• Coordination in preparing the reports that the Kingdom of Bahrain is obligated to submit in implementation of the conventions that the Kingdom has joined in the field of human rights.
• Considering the requests of international organizations working in the field of human rights wishing to send a representative to the Kingdom of Bahrain.
• Follow up the implementation of the recommendations of the Human Rights Council and submit periodic reports on them to the Council of Ministers.
• Harmonization between the plans of the Ministry of State for Human Rights Affairs and the requirements of government agencies' situations related to human rights.
• Establishing an annual human rights training plan.
• Submit recommendations or opinions related to human rights issues to the Council of Ministers.
• Preparing studies on the harmonization of local laws with the conventions that the Kingdom of Bahrain has acceded to in the field of human rights.

By reviewing the basic role of the Higher Coordination Committee for Human Rights and the most important powers it assumes, it is noted that it represents a central authority in the government to manage all activities related to human rights, and the most important of which is its responsibility for setting up a mechanism for coordination between government agencies in the field of human rights, as well as preparing the national plan for human rights at the governmental level . The committee itself is the main communication channel between the government of Bahrain and international human rights organizations, and one of the most important tasks in this context is to manage the relationship with the United Nations Human Rights Council, which discusses human rights situations in all countries of the world, including Bahrain, which submits periodic review reports. As long as the committee’s role is coordinating, it also notes the inclusiveness and diversity of the committee’s membership, as it is headed by the Minister of State for Human Rights, the Undersecretary for Human Rights Affairs as Vice President, and 13 members from the relevant ministries and bodies. Membership in the committee extends for three years, renewable for other similar periods. Committee meetings are monthly. The committee may also form sub-committees from among its members or others with experience to study one or more topics presented to it.[3].

From the previous review, we can get acquainted with the important role that the Higher Coordinating Committee for Human Rights plays in Bahrain, as it is considered an essential point for organizing government activity in the human rights field to ensure integration in efforts, which leads to ensuring maximum coordination between all government institutions to ensure the fulfillment of aspirations. The state and its international obligations and commitments in the field of human rights.

• United Arab Emirates

The United Arab Emirates established a permanent committee to follow up on the universal periodic report on human rights according to Cabinet Resolution No. 51/4 and / 2 of 2010, as an agency concerned with overseeing the implementation of the state's obligations before the United Nations Human Rights Council and within its mandate is to follow up the state's comprehensive periodic report and all matters Human rights concerned with the universal periodic review before the Human Rights Council .. The committee is also concerned with supervising the development of the national plan related to voluntary pledges and recommendations issued by the Human Rights Council, following up on their implementation, and working on preparing the required reports from the Council on the state’s obligations in the field of human rights and cooperating with federal and local authorities To prepare a plan aimed at spreading awareness of human rights issues, in implementation of the recommendations of the universal periodic report, and cooperating with various authorities in the country to obtain the necessary information and data according to their specializations.

The committee includes in its membership a number of federal government agencies such as the Ministry of Foreign Affairs and International Cooperation, the Ministry of Presidential Affairs, the Ministry of Human Resources and Emiratisation, the Ministry of Interior, the Ministry of Justice, the Ministry of Education, the Ministry of Community Development, the Ministry of Health and Community Protection, the Ministry of State for National Council Affairs, the Secretariat of the Federal National Council, the National Council for Information and the Supreme Council for Motherhood and Childhood The Red Crescent Authority, the General Women's Union and a number of local authorities, such as the General Command of the Dubai Police and the Dubai Community Development Authority, in addition to a number of civil society associations in the country such as the Emirates Society for Human Rights, the Dubai Foundation for Children and Women and the centers for women and children in the country[4].

• State of the Sultanate of Oman

The Sultan was keen to improve the conditions of its citizens, develop the system in line with the realization of their interests, safeguard their rights, and achieve its visions in providing a decent life and achieving the principle of justice and equality, and the Sultanate of Oman considered that one of the most important means by which nations achieve this vision is to call on states to establish national institutions concerned with rights The human being to be a tributary to the experiences of states in activating the provisions of international human rights conventions according to the methodologies of their governments, encouraging cooperation between them, and organizing forums through which experiences, experiences and joint work are exchanged. Among the fruits of those efforts in the Sultanate is the establishment of the Omani Commission for Human Rights as a mechanism to achieve that interest in Omani human rights and residents on the land of the Sultanate. Whereas, the committee was established pursuant to Royal Decree No. 124 of 2008 AD, and the decree specified the provisions and terms of reference for the committee, the mechanism for its formation and its structure.

The first article of Royal Decree No. 10 of 2010 determined the members of the committee, and its representation of various governmental and non-governmental institutions and different segments of society. Accordingly, the committee is composed of fourteen members representing: the State Council, the Shura Council, the Oman Chamber of Commerce and Industry, the General Union of Omani Workers, a member of the workers in the field of law, three members from civil societies, and representatives of the Ministry of Foreign Affairs, Interior, Social Development, Justice and Forces Working and civil service. Article 7 of Royal Decree No. 124 of 2008 defines the functions of the committee and is as follows:

• Pursuing the protection of human rights and freedoms in the Sultanate in accordance with the state’s statute, and international charters and agreements.
• Monitor the observations raised by foreign governments, international organizations and non-governmental organizations in the field of human rights in the Sultanate, and coordinate with the concerned authorities to verify and respond to them.
• Provide advice to the concerned authorities in the state on issues related to human rights and freedoms and contribute to the preparation of reports dealing with these issues.
• Monitor any violations or abuses related to human rights in the state and assist in settling and resolving them.
• Proposing an annual plan that includes the necessary national measures to spread the culture of human rights, submitting it to the cabinet for approval, and then coordinating with the competent authorities to ensure its proper implementation.
• Any other tasks assigned to the committee related to its powers.

This committee works effectively as a bridge between the government and society, including civil society institutions, and the committee made efforts to lay down founding rules and presented itself as a human rights institution that has its legal personality and independence and works in the interest of citizen and resident rights, by helping to solve some violations and abuses related to human rights. In the country, participating in some national events, presenting seminars and introductory lectures to urge the Omani society to positively cooperate with it, and bringing Omani and foreign documents and books that talk about the Omani contributions and their attention to human rights issues, translating and reprinting them, in addition to making booklets and pamphlets that helped define the committee's competencies, goals and contributions. With attending international conferences related to human rights issues.

The third axis: Egypt and the mechanism of the universal periodic review

Egypt underwent the UPR twice, the first in February 2010 and the second in November 2014, and the results of the UPR process for Egypt in 2014 concluded with 300 recommendations to Egypt, as the Egyptian state accepted (223) and partially accepted (24) recommendations, while It rejected (23) recommendations, and Egypt commented on the number (29) recommendations to take note. She said about one recommendation that it was inaccurate.

In this regard, the former Prime Minister, Eng. Ibrahim Mahlab, issued on January 13, 2015 Prime Minister Decision No. 37 of 2015 to establish a permanent national committee on the periodic review mechanism before the United Nations Human Rights Council. On this basis, the committee was formed headed by the Minister of Transitional Justice and the House of Representatives, and the membership of representatives from the Ministries of Interior, Foreign Affairs, Justice and Solidarity, General Intelligence and National Security Services, the National Council for Women, the National Council for Human Rights, the National Council for Disability Affairs and the National Council for Motherhood and Childhood, along with 5 prominent public figures She has experience in the field of human rights.

The decision specified the committee to prepare the Egypt file that will be presented in the periodic review mechanism before the United Nations Human Rights Council, and to propose the policies and measures necessary to implement the recommendations of the periodic review mechanism and to monitor, study and treat problems related to human rights. The Ministry of Transitional Justice and the House of Representatives, after coordination with the competent government agencies, facilitate the commission's exercise of its terms of reference, hold community dialogue sessions, conduct opinion polls, and conduct field visits to determine the human rights situation.

On January 5, 2016, Eng. Sherif Ismail, the Prime Minister, issued Prime Minister Decision No. 3501 of 2015 regarding the establishment of the National Committee for the Periodic Review Mechanism before the United Nations Human Rights Council. The decision stipulated that the Ministry of Legal Affairs and the House of Representatives replace the Ministry of Transitional Justice in all of the competencies related to the periodic review mechanism before the United Nations and the human rights file. The decision also stipulated that the Minister of Finance, in coordination with the Minister of Legal Affairs and the House of Representatives, procure the necessary financial allocations to carry out the committee and its tasks, provided that this is within the budget of the Ministry of Legal Affairs and the House of Representatives during the fiscal year 2015-2016 until the inclusion of its annual appropriations Within the ministry’s budget in the state’s general budget, starting from the fiscal year 2016-2017

The committee did not intervene so far and does not have an effective role until the issuance of this paper in a request to amend legislation or demand that the state and the House of Representatives abide by what Egypt has pledged voluntarily in the Human Rights Council, which contradicts the decision issued to form it so far.

The fourth axis - Maat holds a meeting of experts to activate the national mechanism to follow up the implementation of Egypt's human rights commitments

Maat Foundation for Peace, Development and Human Rights held a high-level round table meeting for experts, officials, parliamentarians and civil society leaders under the title “Towards a permanent national mechanism to follow up the implementation of Egypt's pledges before international mechanisms.” The round table aimed to study the performance and results of the work of the permanent National Committee for the Universal Periodic Review since January 2015 until now, discuss the legislative and procedural requirements to activate the role of the permanent national committee in following up the implementation of the recommendations of the universal periodic review, as well as crystallizing a unified vision aimed at activating the role of the committee.

A distinguished elite of experts in the field of international treaties and human rights issues, government officials concerned with the issue, parliament deputies from the Human Rights Committee, and civil society leaders interested in issues related to issues related to international covenants and covenants ratified by Egypt from unions, associations, institutions and civil societies, and a number of Journalists, representatives of specialized national councils, and jurists from the State Council.

The attendees discussed the work of the committee formed by the Prime Minister’s decision to follow up and prepare Egypt's reports in the UPR in particular. The dialogue expanded to discuss Egypt's continuing delay in submitting reports to international human rights protection mechanisms.

In the same context, the attendees discussed the procedures for the formation of temporary committees related to submitting reports to the committees concerned with international treaties and agreements. The attendees indicated that one of the most important reasons for delayed reports is the absence of a single permanent committee related to this matter.

The attendees also discussed the crisis of society and the communication between civil society and successive governments, especially since there are major challenges facing the relationship between the two parties as a result of the failure of some organizations to comply with the laws regulating the work of civil organizations on the one hand, and the government's intransigence with organizations on the other hand in light of the failure to amend the law of associations and civil institutions, as well as A law for the freedom of information circulation has not been issued yet.

The Fifth Axis:       

The organizing framework for the work of the committee to follow up on the recommendations of the universal periodic review, or any of the committees that are formed to prepare reports or respond to the reports of any of the international mechanisms, is one of the most important challenges facing the work of the committees at various levels, including: -

• The temporary nature of the committees to follow up on recommendations and undertakings and thus their inability to carry out real and effective follow-up.
• The weak institutional capacities of these committees and the lack of qualified and expert research cadres in the fields of human rights.
• Lack of coordination between the committee and the concerned government agencies, and the absence of the institutional dimension and the legal authority vested in these committees.
• Poor coordination with Parliament
• The formation of committees was distorted by the control of the government component and the lack of representatives of civil society and independent national councils.
• Committees that are formed with the aim of being subordinate are often their limited or non-existent role in editing government reports submitted to international mechanisms.

Sixth Axis: Recommendations

 In light of what was presented in the paper, we present the following recommendations with the aim of creating a permanent national mechanism to follow up the implementation of Egypt's obligations and commitments before the universal periodic review and human rights treaty committees.

• The need for parliament to issue a law to establish a permanent national body whose task is to follow up on the implementation of Egypt's obligations and undertakings before the universal periodic review, human rights treaty committees, and other international mechanisms for the protection of human rights, provided that the authority's powers include overseeing the preparation of the initial and periodic reports that will be presented to the relevant committees and bodies At the United Nations.
• The authority is responsible for submitting recommendations to the government on the required steps to ensure respect for Egypt's obligations, with regard to the laws and public policies of the state in accordance with international charters and treaties.
• The authority is also concerned with developing an annual plan to train all concerned parties, in cooperation with civil society organizations, on the concepts of international mechanisms and how to prepare reports or respond to reports to the international bodies concerned with them.
• Cooperating with various authorities in the country to obtain the information and data necessary to prepare the second periodic review report, which will be delivered at the end of 2018.
• The commission should consist of representatives of the concerned government agencies, civil society, specialized national councils, and the committee concerned with parliament, as well as some experts, provided that the representation of civil society is not less than 50% from the formation of the committee.

The paper also recommends: -

• Opening a channel of communication between the House of Representatives and the Committee with the aim of having the committee follow up on legislation to determine the extent of its compatibility with the commitments Egypt made to the Human Rights Council.
• The House of Representatives uses all its oversight tools to hold the Egyptian government accountable for what has been done in implementing the UPR recommendations and the role the existing committee plays in this regard.

 

[1] - The Universal Periodic Review Lebanon website  http://www.upr-lebanon.org/what-is-upr

[2]Bahrain's UPR website http://www.upr.bh/?lang=ar

[3]–  Bahrain News Agency http://bna.bh/portal/news/521880

[4] UAE Ministry of Foreign Affairs website https://goo.gl/xXM8BT

 

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