What's Happening?
The Human Rights Council is being urged to take urgent action regarding the persistent non-cooperation of the United States and Nicaragua with the Universal Periodic Review (UPR) during its current 4th cycle. The U.S. decided to discontinue its cooperation with the UPR and did
not participate in the UPR50 Working Group, where it was scheduled to present its national report and receive recommendations. Its review has been rescheduled for November 10, 2026, but the U.S. has not indicated any intention to cooperate. Similarly, Nicaragua initially participated in the interactive dialogue with the UPR47 Working Group but subsequently ceased cooperation and did not participate in the adoption of its UPR outcome report. The Council has postponed the consideration of Nicaragua's UPR outcome three times, now rescheduled for HRC65. Non-cooperation by member states threatens the universality and foundational principles of the UPR, which is designed to review the human rights records of all 193 UN Member States equally.
Why It's Important?
The non-cooperation of the United States and Nicaragua with the Universal Periodic Review poses a significant threat to the integrity and universality of this crucial UN human rights mechanism. The UPR is designed to ensure equal treatment and periodic review of all UN Member States' human rights records, fostering dialogue, cooperation, and accountability. When prominent nations like the U.S. and Nicaragua refuse to participate, it undermines the core principle of universality and risks setting a precedent that could encourage other states to disengage. This failure to participate denies a unique opportunity for constructive dialogue and cooperation to promote human rights, hindering the documentation of human rights situations through state, civil society, and UN agency inputs. The Human Rights Council's mandate includes addressing cases of persistent non-cooperation, and its failure to act could weaken the UPR's legitimacy and effectiveness in promoting human rights worldwide.
What's Next?
The Human Rights Council faces a critical decision point regarding how to address the persistent non-cooperation of the United States and Nicaragua. If the U.S. fails to participate in its rescheduled UPR on November 10, 2026, the Council is urged to adopt a decision requesting the UN High Commissioner for Human Rights to brief the Council on the human rights situation in the United States. This briefing would occur during an enhanced interactive dialogue at the Council’s 64th session, including participation from civil society and directly affected individuals. Such a measure would aim to preserve the universality and principles of dialogue and cooperation of the UPR and disincentivize future non-cooperation. The Council will also need to decide on the start of the 5th UPR cycle no later than HRC64, with ongoing consultations to strengthen the mechanism. Continued exploration of options to address non-cooperation by both the U.S. and Nicaragua is expected.
Beyond the Headlines
The refusal of the United States and Nicaragua to fully engage with the Universal Periodic Review highlights deeper challenges within international human rights mechanisms. It raises questions about the enforceability of international norms when powerful states choose to disengage, potentially signaling a broader trend of selective engagement with multilateral institutions. This situation could lead to a two-tiered system where some nations are held to account while others, due to their geopolitical influence or internal political considerations, can opt out. Ethically, it challenges the principle of universal human rights and equal accountability for all states. Legally, it tests the boundaries of the Human Rights Council's mandate to address non-cooperation. Culturally, it reflects a growing skepticism or resistance among some nations towards external scrutiny of their domestic affairs, potentially leading to a fragmentation of global human rights discourse and a weakening of collective efforts to promote human rights.
