The Universal Periodic Review (UPR) mechanism: Any Imperative for participation therein and the implementation of its recommendations by the South African Parliament’s Portfolio Committee on Justice and Constitutional Development (PCJ&CD)?

Abstract

Despite being marginalised for years within international human rights law, the UN recently acknowledged the significant role that national parliaments can play in the international human rights framework, particularly through the Human Rights Council's Universal Periodic Review mechanism. Established in 2006, the Universal Periodic Review mechanism aims to assess adherence to and implementation of international human rights standards across all UN member states, with the goal of ensuring rights realisation at the national level. While the mechanism is primarily driven by UN member states, it allows for the participation of all relevant stakeholders, including national parliaments, to address the implementation gaps identified in its recommendations. In democratic societies, national parliaments, with their legislative and oversight functions, are regarded as the guardians of human rights and are better positioned to ensure State compliance with, and implementation of, the recommendations from UN human rights mechanisms, including the Universal Periodic Review. However, many national parliaments around the world, with few exceptions, remain largely disengaged from international human rights matters, including the Universal Periodic Review mechanism and the implementation of its recommendations at the national level. Consequently, this study investigates the extent to which the South African Parliament, specifically its Portfolio Committee on Justice and Constitutional Development, has promoted and protected human rights through its involvement with the Universal Periodic Review mechanism and the implementation of its recommendations concerning South Africa’s human rights situation. The Portfolio Committee on Justice and Constitutional Development is a South African Parliament committee that is constitutionally mandated to scrutinise and oversee government actions, particularly those of the Department of Justice and Constitutional Development, while also promoting and protecting human dignity, equality, and freedom. This study is particularly relevant in the context of the Universal Periodic Review mechanism, where the participation of a national parliament is crucial, possessing the potential to address implementation deficiencies and reinforce the country’s commitment to upholding human rights standards. To explore the research topic, the study adopts a qualitative approach, reviewing existing research and various documents, including UN resolutions, the Draft Principles on Parliaments and Human Rights, toolkits on parliaments and human rights, the South African Constitution of 1996, official reports from the South African Parliament, the Parliamentary Monitoring Group, and the UPR.Info website. The study also considers the participation of parliaments from other jurisdictions in the UPR mechanism, not for comparative analysis, but to gain valuable insights. Through this analysis, the study aims to identify both opportunities and challenges regarding the official role of South African parliaments, particularly the PCJ&CD, within international human rights frameworks such as the UPR mechanism. The study concludes with practical recommendations aimed at enhancing the engagement of the South African Parliament and its PCJ&CD in the UPR process and the implementation of its recommendations at the national level.