Achieving Universality: Challenges Posed by State Withdrawal and Non-cooperation at the UPR

This chapter examines how the Universal Periodic Review (UPR) achieves universality both in theory and in practice. It has two primary aims. First, this chapter seeks to clarify how universality is reflected in the UPR. We argue that universality is not only reflected in the UPR’s application to all states (universal coverage), as has been conventionally understood, but also in its review of all of these states’ human rights obligations (universal basis), its inclusion of all states as reviewers (universal state participation), and in its inclusivity of stakeholders (universal stakeholder participation). Second, and with a focus on the UPR’s universal coverage, this chapter highlights how universality breaks down when states fail to engage with the process. The UPR continues to be celebrated as having “100% participation” by both the UN and academics alike. Yet, we reveal how the UPR’s universal coverage has been challenged on several occasions through two distinct forms of non-engagement that we refer to as ‘non-cooperation’ and ‘withdrawal’. We draw upon various case studies to highlight how universality has in fact broken down and thus argue that claims about the UPR’s success ought to be qualified. This research has important implications for how the UPR’s universality is perceived, as well as for the UNHRC in how it approaches non-engagement.