Theoretical challenges to understanding the potential impact of the Universal Periodic Review Mechanism: Revisiting theoretical approaches to state human rights compliance

Abstract

The Universal Periodic Review (UPR) mechanism is the most recent and distinct addition to the UN human rights system because of the level of state control over the mechanism, the inclusivity of the review process and its emphasis on cooperation and dialogue in monitoring human rights implementation of states. Since the start of the third cycle of the UPR in 2017, questions on the efficacy of the UPR mechanism have gained increasing attention among international human rights scholars and practitioners. However, little of the scholarship take a theoretical approach to understanding the potential impact of the UPR mechanism. This article engages with various theoretical approaches to international human rights law to determine alternative theoretical frameworks to understand the potential impact of the UPR mechanism. This article contends that while the theories examined are not mutually exclusive, the theory of acculturation provides the most appropriate theoretical framework to understand the potential impact of the UPR mechanism. This contributes to an appreciation for human rights strategies based on cooperation and how such strategies can be beneficial in realising incremental progress in the human rights implementation of states.

Notes

Notes on contributor

Dr Damian Etone is a Lecturer in the School of Law, Policing and Forensics at Staffordshire University, England. He has published in the areas of international human rights law and transitional justice. His current expertise include International Law, Human Rights Implementation, UN Human Rights Bodies, African Human Rights system, International criminal law and Transitional Justice. His most recent publications analysis the effectiveness of South Africa's engagement with the Universal Periodic Review Mechanism.

Notes

1 With the exception of Israel, which temporarily boycotted its UPR II in January 2013, all UN member states have been reviewed in the two cycles of the UPR. In October 2013, Israel returned and undertook its UPR II.

2 In 2003, the African Union established the African Peer Review Mechanism (APRM) as a self-monitoring initiative to promote good governance in Africa. APRM is designed to promote three fundamental values of the African Union—freedom and human rights, participatory development, and accountability—and shares a similar cooperative framework to the UPR.

3 There were twelve sessions in the first cycle of the UPR and fourteen sessions in the second cycle.

4 ASEAN is an intergovernmental Asia regional arrangement comprising ten member states with the aim of promoting political, economic, and social cooperation and regional stability.

5 Many studies on the impact of the international human rights monitoring bodies generally found a low level of state compliance (second-order compliance).