The Universal Periodic Review and Transitional Justice

Abstract

When the Universal Periodic Review (UPR) Mechanism was established in 2006, one of the criticisms was that it would undermine the work of other human rights mechanisms. The relationship between the UPR and other human rights mechanisms (treaty bodies and special procedures) have attracted some academic discourse, especially considering that the UPR was established to complement and not duplicate the work of the treaty bodies. Scholars have engaged with the ability of the UPR to impact on domestic human rights protection on a range of issues including the right to health, indigenous rights, rights of sexual minorities and the abolition of the death penalty. One area that has received no meaningful attention so far is the ability of the UPR mechanism to promote transitional justice process in post-conflict states. The UPR, through its deliberative, cooperative, and capacity building approach, can play a significant role in shaping a state’s response to the legacies of mass atrocities and serious human rights violations. Focusing on Burundi and South Sudan, this chapter examines the relationship between the UPR and transitional justice, and the extent to which the UPR mechanism can promote transitional justice processes in post conflict societies. It develops a framework for assessing the relationship between the UPR and transitional justice and undertakes the first empirical analysis of that relationship with a focus on Burundi and South Sudan. This chapter argues that the UPR can play a significant role in promoting transitional justice measures, reinforcing, and increasing the visibility of recommendations from other international mechanisms, and promoting accountability for human rights atrocities.