Human Rights Council must urgently address persistent non-cooperation with the UPR during its current 4th cycle

The Universal Periodic Review (UPR) is a unique process which involves a periodic review of the human rights records of all 193 UN Member States and is based on equal treatment for all countries. It contributes to the respect, promotion and protection of human rights worldwide, and is a significant innovation of the Human Rights Council as no other mechanism of this kind exists.

The universality of the review process is a central feature contributing to its value and legitimacy.

In the current 4th UPR cycle, the United States of America decided to discontinue its cooperation with the UPR and did not participate in the UPR50 Working Group, at which it was scheduled to present its national report and receive recommendations. Subsequently, the Council adopted a decision to reschedule the United States’ UPR, to UPR53 on 10 November 2026.

To date, the USA has not provided any indication that it will cooperate or participate in the re-scheduled UPR.

In addition, while Nicaragua initially participated in the interactive dialogue with the UPR47 Working Group, which included Nicaragua presenting its national report and States from all regions providing recommendations, it subsequently discontinued its cooperation with the UPR and did not participate in the adoption of its UPR outcome report. Subsequently, the Council adopted several decisions to postpone the consideration of the outcome of the UPR of Nicaragua three times, now re-scheduled for HRC65.

As a matter of timing, the Human Rights Council will need to decide on the start of the 5th UPR cycle no later than HRC64. The President appointed Co-Facilitators to ‘to conduct broad consultations with all member states and stakeholders on the UPR process, with a view to preparing for its fifth cycle, including discussions on the start of the next cycle and on strengthening the mechanism’. Action to promote cooperation or address persistent non-cooperation should take place by the conclusion of the 4th cycle.

States’ non-cooperation with the UPR threatens the universality of the process and risks undermining the founding principles of the UPR. Failure to participate in the UPR review denies a unique opportunity for dialogue and cooperation to promote the respect of human rights. Participation in the UPR process provides an opportunity to document the human rights situation in the States under Review through the inputs of the State, civil society, and national human rights institutions, as well as the contribution of UN agencies and human rights monitoring mechanisms. It fosters accountability and transparency.  

Concrete action by the HRC to promote cooperation and to address persistent non-cooperation, would mitigate against the risk of incentivising non-participation by other States in the upcoming 5th cycle of the UPR.

General Assembly Resolution 60/251 (OP5(e)) established the UPR ‘in a manner which ensures universality of coverage and equal treatment with respect to all States’. When States refuse to participate, this core foundational principle of universality is undermined.

HRC Resolution 5/1 (OP38) also states that ‘after exhausting all efforts to encourage a State to cooperate with the universal periodic review mechanism, the Council will address, as appropriate, cases of persistent non-cooperation with the mechanism’ (emphasis added).

If the United States fails again to participate in its UPR, re-scheduled for 10 November, despite the repeated efforts by the Council Presidents, this would meet the threshold of ‘persistent non-cooperation’, triggering the Human Rights Council’s obligation to act.

If the United States fails to participate on 10 November 2026, the Human Rights Council should proceed to adopt a decision to request the UN High Commissioner for Human Rights to brief the Council on the human rights situation in the United States during an enhanced interactive dialogue at the Council’s 64th session that includes the participation of civil society and in particular, directly affected individuals and communities, including victims and their families.

This would constitute an appropriate follow-up measure fully in line with the Council’s mandate and would contribute to preserving the universality and the principles of dialogue and cooperation of the UPR, as well as to disincentivising non-cooperation. 

Lastly, the Human Rights Council should remain seized of the matter and continue to explore options to address persistent non-cooperation by the United States and Nicaragua.

Signatories (updated on a rolling basis):

1. International Service for Human Rights (ISHR)
2. Amnesty International
3. Human Rights Watch
4. Center for Constitutional Rights
5. Human Rights First
6. American Civil Liberties Union
7. TEDIC
8. CEPAM Guayaquil
9. Alianza Americas
10. ImPact Coalition on Strengthening International Judicial Institutions
11. Instituto Promoviendo Desarrollo Social – IPRODES
12. Charity & Security Network
13. Instituto de Desenvolvimento e Direitos Humanos – IDDH