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Opting Out of Accountability: The United States and the Implications of Withdrawal from the Universal Periodic Review

Opting Out of Accountability: The United States and the Implications of Withdrawal from the Universal Periodic Review


On twenty eighth August 2025, the US of America (USA) took the step of withdrawing from the UN’s human rights monitoring course of, the Common Periodic Assessment (UPR). The peer evaluation course of, by means of which states consider each other’s human rights information, has seen near-universal engagement for the reason that first UPR cycle commenced in 2008. The USA’s choice to withdraw, nonetheless, undermines this foundational universality and stymies each home and worldwide accountability efforts. On this piece, we argue that the USA’s withdrawal from the UPR is (1) an unprecedented step that dangers contributing to additional regression in world human rights protections, and (2) supresses civil society organisations’ (CSOs) means to carry the USA to account each domestically and internationally.

The USA’s Relationship with the Human Rights Council 

In 2006, the UN Human Rights Council (HRC) changed the UN Fee on Human Rights, which was disbanded amid widespread criticism of its politicisation and selective scrutiny of states. The imaginative and prescient for the brand new HRC was set out by former-UN Secretary-Normal Kofi Annan’s In Bigger Freedom report, which known as for the creation of a stronger, extra credible physique to deal with the shortcomings of the Fee. Annan additionally set out his intention for the HRC to have ‘an explicitly outlined operate as a chamber of peer evaluation…to judge the fulfilment by all States of all their human rights obligations’. This led to the creation of the UPR, aiming to make sure equal therapy of all states by means of common, peer-based assessments of their human rights information.

Designed to be common and non-selective, the UPR opinions each UN Member State’s human rights state of affairs each four-and-a-half years, no matter geopolitical standing, selling equity and mutual accountability. The evaluation takes the type of an interactive dialogue between a state and their friends on the fulfilment of their worldwide human rights obligations. Firstly of the dialogue, the state below evaluation presents its nationwide report which incorporates an outline of the human rights state of affairs and an appraisal of its progress for the reason that final evaluation. Different states can then intervene to make feedback and proposals. Critiques are televised and will be watched again on UN Internet TV. The USA’s most up-to-date evaluation from 2020 supplies an instance of how these dialogues proceed.

The USA’s fourth cycle evaluation is because of happen on seventh November 2025, but the federal government didn’t submit its Nationwide Report by the August deadline. On the USA’s UPR Pre-session on twenty eighth August 2025, the Chief of the OHCHR’s UPR Department, Juliette de Rivero, introduced that the USA has withdrawn its engagement with the UPR. This choice adopted the USA’s withdrawal from the HRC earlier this yr, simply because it did in 2018 below the earlier Trump administration. Certainly, the connection between the USA and the HRC has at all times been tough. In 2006, the Bush administration voted towards the HRC’s creation, arguing that it ‘lacked mechanisms for sustaining credible membership’. Since then, the USA’s engagement has been marked by intervals of participation but in addition boycott, justified on grounds starting from political bias inside the HRC to a perception within the sufficiency of home safeguards. 

Nevertheless, that is the primary time the USA can be withdrawing from the UPR particularly. Even when the Trump administration denounced the HRC in 2018, it nonetheless participated within the third UPR cycle each in its personal evaluation and that of different states. In August 2025, US State Division consultant advised Reuters that ‘[e]ngagement in UPRs implies endorsement of the [Human Rights] Council’s mandate and actions and ignores its persistent failure to sentence probably the most egregious human rights violators’. The HRC is definitely not free from critique, as the tutorial literature exhibits, however the USA’s reasoning rings hole within the context of the UPR which is designed to fight allegations of bias and selectivity. 

This transfer additionally displays a broader home pattern of dismantling key accountability buildings inside the USA. The Trump Administration’s second time period in workplace has accelerated the erosion of federal oversight, for instance, by considerably lowering the Division of Justice Civil Rights Division’s workers and narrowing its give attention to key enforcement areas. This inward shift has been mirrored internationally. Though a founding member of the UN, the USA has usually positioned itself as distinctive, reluctant to undergo the identical scrutiny utilized to others. On this respect, the USA’s withdrawal is disappointing however not shocking. 

Full Withdrawal is Unprecedented

The first implication of the USA’s withdrawal is that it’s an unprecedented occasion which undermines the worth of the UPR and its means to guard human rights globally. For these unfamiliar with the UPR, the concept that the USA (or certainly any nation) ought to fail to interact with such a course of may seem unremarkable. For instance, on the time of writing, 152 states (79%) have overdue stories pending submission to the UN Treaty Our bodies (UNTBs). As compared, the UPR has seen virtually 100% participation for the reason that first cycle in 2008. That’s ‘virtually’ 100% as a result of there have been remoted examples of partial or non permanent disengagement. For instance, Cabo Verde didn’t submit its First Cycle nationwide report on time in 2008, owing to capability points, and Israel’s Second Cycle evaluation was postponed in 2013, as Israel had initially boycotted all HRC mechanisms. In 2025, Nicaragua attended its evaluation however didn’t attend the HRC adoption of its UPR report and so didn’t present responses to member state suggestions. 

Nevertheless, full withdrawal from the UPR is completely new territory. This implies no nationwide report, no look on the evaluation, and presumably no response to the host of points raised by civil society of their stakeholder submissions. A main concern is that the USA is setting a harmful precedent. Close to-universal participation on the UPR has been achievable partially due to its cooperative and non-confrontational method. The truth that ‘everyone seems to be in it collectively’ is an incentive for states to cooperate and to have their say on one another’s human rights information. It’s now conference (maybe even customary) for every UN member state to be reviewed on the UPR. As every cycle passes, this conference – that every one states ought to account to their friends for his or her human rights information – has fortified. The USA’s wholesale disengagement from the UPR undermines this globally accepted follow and dangers normalising non-cooperation. At greatest, withdrawal will make the USA an outlier. At worst, and given its affect on world affairs, withdrawal units a precedent that can embolden different states, notably the USA’s allies, to comply with go well with. This might weaken the worth of the UPR and undermine makes an attempt to observe the worldwide human rights state of affairs. 

The Affect on Civil Society

The second implication of the USA’s withdrawal from the UPR is the restriction of CSOs’ voice. CSOs are important to the success of the UPR, performing as “stakeholders” all through the method and contribute to the mechanism in numerous methods. They will submit “stakeholder stories” upfront of a state’s UPR, relating to the human rights state of affairs on the bottom. Appearing because the UPR’s Secretariat, the Workplace of the Excessive Commissioner for Human Rights (OHCHR), compiles stakeholder submissions right into a ten-page Abstract Report, one of many three core paperwork underpinning each evaluation. The state below evaluation can be anticipated to interact in broad consultations with CSOs throughout preparation of the Nationwide Report.

Past these formal contributions, CSOs can take part in home and worldwide advocacy, for instance, participating within the UPR Pre-sessions, organised by UPR Data, to temporary member state delegations forward of the evaluation and assist form the suggestions they make to the state below evaluation. CSOs also can help with implementing UPR suggestions on the nationwide stage.

Arguably, probably the most dangerous results of the USA’s actions shall be felt amongst its home civil society. Although it’s a state-led train, the UPR is a invaluable platform for American civil society to enchantment to the USA’s friends and have their considerations raised and legitimised on the UN. For residents, advocates and activists, withdrawal from the UPR marks an additional shrinking of civil society and means one more avenue to pursue accountability is barred. 

It’s important that different worldwide actors and stakeholders rally to sentence the USA’s actions and help home CSOs. Thus far, 61 CSOs and lecturers from around the globe have signed a Joint Assertion calling upon the USA to re-engage with the UPR. Worldwide organisations also can help CSOs within the USA by means of holding unbiased ‘shadow’ opinions of human rights practices within the USA; whereas working outdoors of official UN processes, shadow opinions can nonetheless serve the identical watchdog and pressure-building operate by evaluating US practices to worldwide human rights norms. For instance, Amnesty Worldwide publishes an annual report which features a evaluation of the USA’s human rights file. Further help contains protecting media consideration centered on human rights accountability within the USA and offering coaching and networking alternatives between home and worldwide organisations.

Subsequent Steps for the HRC

We will anticipate the HRC to react because it did after Israel’s postponement in 2013 which was to precise remorse and reschedule the evaluation for a later session, and Israel subsequently resumed its cooperation. Nevertheless, the identical method is unlikely to work right here. The fourth UPR cycle will end (in February 2027) earlier than the top of the present Trump administration’s time period, which could be very prone to stay steadfast in its choice to withdraw. 

There are different approaches the HRC may think about. Lawrence Moss has recommended that the convening of a particular session of the HRC would ‘assist preserve worldwide consideration [on the US]’ and ‘discourage different international locations’ from withdrawing from the UPR. This would definitely assert the Council’s place, however appreciable advocacy can be wanted to safe enough curiosity from the required one-third of HRC member states. Alternatively, the Council may maintain an pressing debate on the matter because it did for the USA in 2020 on the problems of systemic racism within the police. In any occasion, this shall be a important check for the HRC and would require it to rethink the method to non-cooperation.

The authors are grateful for the feedback of the editors on earlier variations of this piece. Any errors stay their very own.



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Tags: AccountabilityImplicationsOptingPeriodicReviewStatesUniteduniversalWithdrawal
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