OHCHR REPORT 2010
OHCHR REPORT 2010 Office of the High Commissioner for Human Rights Palais des Nations CH 1211 Geneva 10 – Switzerland Telephone: +41 (0) 22 917 90 00 Fax: +41 (0) 22 917 90 08 www.ohchr.org
OHCHRREPORT2010
Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
© UN Photo/Pierre Virot
Foreword by the High Commissioner 2010 was a year of exceptional challenges for human rights. It began with a humanitarian disaster in Haiti and ended with upheaval in North Africa. Along the way, we saw human rights crises unfold in many parts of the world. With dedicated staff who are always eager and ready to confront new challenges, my Office responded to the growing demands for our work with agility and an unswerving sense of mission. But this has meant a huge strain on our resources and on our endeavours to strengthen results-based management founded on solid planning and work plans.
2011 is proving to be equally extraordinary from a human rights perspective. I have sent teams to Tunisia and Egypt to assess the human rights priorities in these countries in historic transition, assisted Commissions of Inquiry appointed by the Human Rights Council for Côte d’Ivoire and Libya, and established an investigative mission for Syria requested of the Office by the Council. While meeting new and unexpected developments, we continued to address chronic human rights situations in 2010. We established two new country offices, in Guinea and Mauritania, and the mandates for our offices in Colombia, Bolivia and Nepal were extended. The Mapping Report on the Democratic Republic of the Congo for 1993-2003 was published, and I dispatched a high-level panel to the country to give voice to the victims and survivors of sexual violence and discuss with them better options for justice and reparations for the crimes and harm they suffered. Building upon our experience of leading local protection clusters in the occupied Palestinian territory, Nepal, Timor-Leste and the Pacific region, we took this role to new levels as the lead for the protection cluster in Haiti and the sub-cluster on human rights in the aftermath of the violence that broke out in the southern region of the Kyrgyz Republic in June. Encouraged by partners who recognized our added value, we have undertaken a comprehensive review to integrate better human rights into overall humanitarian action. From climate change to the Millennium Development Goals (MDGs), we further strengthened our thematic expertise on human rights. We played a pivotal role in ensuring the incorporation of human rights into the outcome of the MDGs Review Summit in September, in which Member States recognized that human rights are indispensible for the realization of the MDGs, and committed themselves to a wide range of specific human rights actions. In the second half of the year, during my chairpersonship of the Global Migration Group (GMG), we promoted a human-rights based approach within the UN system and beyond in meeting the rising challenge of migration. A key outcome of this work was a landmark joint statement on the human rights of irregular migrants adopted by the GMG principals. Along with peace and security and development, human rights form the third pillar of the United Nations. The Office has continued to lead in integrating human rights principles into the work of the UN in the development sector through the newly established human rights mainstreaming mechanism under the UN Development Group (UNDG/HRM). We were also increasingly called upon to engage with UN partners at Headquarters in New York through our new Assistant Secretary-General for Human Rights.
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In Geneva, the Human Rights Council review got underway, and I encouraged the Council to be more creative and responsive in addressing both chronic and urgent human rights situations. On Haiti, the Council held a special session in response to a natural disaster for the first time. It held its first urgent debate in May following the Israeli raid on a flotilla of boats on a humanitarian mission to Gaza. A stand-alone interactive dialogue on Somalia was held in September. A special session was held on Côte d’Ivoire to address the violent aftermath of the presidential elections in the country. The Universal Periodic Review process continued with 100 per cent attendance as the first cycle draws to a close. By the end of 2011, all Member States will have gone through their first review. My Office provided technical and substantive support to all of these initiatives. Two new thematic mandates were established by the Council last year: on the elimination of discrimination of women in law and practice, and on the right to freedom of peaceful assembly and association. This brought the total number of mandates to 41 with 61 mandate-holders, all actively supported by my Office. Standing invitations from States to special procedures increased from 66 to 78. I very much welcome this indication of the growing importance States place on the work of the special procedures. The human rights treaty body system was also expanded. The International Convention for the Protection of All Persons from Enforced Disappearance came into force on 23 December, triggering the establishment of the tenth treaty body. The system is now almost double the size it was in 2004, but there has been no increase in resources to match this growth. This has prompted me to urge all stakeholders to focus on its future course. I am pleased to note that an intensive process of discussions and consultations has unfolded. I hope to compile the recommendations from this process, with a view to strengthening the treaty body system. This report reflects my Strategic Management Plan for 2010-2011, which defines our six thematic priorities for the biennium: discrimination; impunity and the rule of law; poverty and economic, social and cultural rights; migration; armed conflict and insecurity; and the human rights mechanisms. It presents progress made towards 11 expected accomplishments. In line with our commitment to strengthen a culture of results within the Office, the report is less about the myriad of activities we undertake every day and more about the results of those activities at the output level. It is considerably shorter than in previous years, but it is complemented by a CD. The printed report presents an overall picture of our work focusing on the six thematic priorities, management, funding and expenditure. The results and outputs discussed in the chapters on the thematic priorities provide an illustrative, but not exhaustive, list of our achievements. The CD gives much more detail about the work of our field presences and the various divisions at headquarters. This is an innovative format that we expect to refine in the coming years. In 2010, the global economic downturn reached our doorstep. After several years of steady increase, voluntary contributions amounted to US$109 million, a drop of nine million from 2009. A number of donors, big and small, were forced to reduce their contributions. While I fully understand the constraints they face, it is important to bear in mind that it is the most vulnerable who are disproportionately affected in times of economic hardship and thus in greater need of support in claiming their human rights. I appeal to all Member States for financial support so as to strengthen our capacity in meeting the challenges of this crucial time for human rights around the world.
Navi Pillay High Commissioner for Human Rights June 2011
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Contents Foreword by the High Commissioner .........................................................................
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About OHCHR ...................................................................................................................
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Discrimination.................................................................................................................. 14 Impunity and the rule of law......................................................................................... 26 Poverty and economic, social and cultural rights .................................................... 36 Migration............................................................................................................................ 44 Armed conflict and insecurity....................................................................................... 50 Human rights mechanisms............................................................................................ 62 Management ...................................................................................................................... 72 Funding .............................................................................................................................. 78 Financial statements as at 31 December 2010............................................................ 88 Funds administered by OHCHR .................................................................................. 96 Annexes.............................................................................................................................. 105 Annex I: Abbreviations ................................................................................................ 106 Annex II: List of expected accomplishments.............................................................. 108 Annex III: List of global management outputs........................................................... 109 Annex IV: Organizational chart ................................................................................... 110
Contents of the CD OHCHR in the field .......................................................................................................... 111 Introduction .................................................................................................................. 111 Africa ............................................................................................................................. 114 The Americas ................................................................................................................ 152 Asia and the Pacific ...................................................................................................... 174 Europe and Central Asia .............................................................................................. 191 Middle East and North Africa ...................................................................................... 210 Headquarters..................................................................................................................... 219 Executive Direction and Management ........................................................................ 219 Research and Right to Development Division ........................................................... 234 Human Rights Treaties Division .................................................................................. 242 Field Operations and Technical Cooperation Division ............................................. 249 Human Rights Council and Special Procedures Division .......................................... 261 Donor Profiles .................................................................................................................. 276
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ABOUT OHCHR
About OHCHR The Office of the High Commissioner for Human Rights is the leading UN entity on human rights. It has a unique mandate provided by the international community to promote and protect all human rights for all people. OHCHR provides assistance, such as technical expertise and capacity development in the areas of administration of justice, legislative reform and electoral processes, to help implement international human rights standards on the ground. It also assists other entities that have a responsibility for the protection of human rights in fulfilling their obligations, helps individuals to realize their rights, and speaks out objectively on human rights violations. The United Nations human rights programme aims to make the protection of human rights a reality in the lives of people everywhere. As the entity in charge of implementing the progamme, the Office plays a crucial role in safeguarding the integrity of the three pillars of the United Nations – peace and security, human rights, and development. A part of the United Nations Secretariat, OHCHR has its headquarters in Geneva, a presence in New York, and staff in regional and country offices, United Nations peace missions or political offices and UN country teams in over 50 countries.
Method The Office’s work encompasses three broad areas: human rights standard-setting, monitoring and implementation. Substantive and technical support is provided to the various UN human rights bodies as they undertake their standard-setting and monitoring duties. Knowledge and awareness of all categories of human rights – civil, cultural, economic, political and social – are deepened through research and analysis. Experts are also deployed to field offices and other missions, including in circumstances of crisis, to help countries meet their human rights obligations.
Mandate of the United Nations High Commissioner for Human Rights General Assembly resolution 48/141 charges the United Nations High Commissioner for Human Rights with “principal responsibility” for human rights in the United Nations, with the mandate: l To promote and protect all human rights for all l To recommend to bodies of the United Nations system the improved promotion and protection of all human rights l To promote and protect the right to development l To provide technical assistance for human rights activities l To coordinate United Nations human rights education and public information programmes l To work actively to remove obstacles to the realization of human rights l To work actively to prevent the continuation of human rights violations l To engage in dialogue with governments, with the aim of securing respect for all human rights l To enhance international cooperation l To coordinate human rights promotion and protection activities throughout the United Nations system l To rationalize, adapt, strengthen and streamline the UN human rights machinery
The work of the Office is based on the High Commissioner's biennial Strategic Management Plan (SMP). The current SMP covers the period 2010-2011 and sets out 11 global expected accomplishments. Results obtained as progress towards these accomplishments are summarized in the thematic chapters in the printed version of this report and are also listed under the corresponding field presence or division in the CD. The SMP also identifies eight global management outputs to improve efficiency within the Office. Achievements in this area, along with information on recent and upcoming changes in the Office’s management, are explained in the Management chapter on page 72.
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ABOUT OHCHR
© UN Photo/Jean-Marc Ferre
Supporting the bodies and mechanisms
The Office provides expert support to nine human rights treaty bodies, which are committees of independent experts that consider countries’ progress in implementing the requirements of the international human rights treaties they have ratified. Most of these committees also consider individual complaints of violations of treaty provisions. The results of their deliberations contribute to the body of jurisprudence on international human rights law.
The Human Rights Council, comprising representatives of 47 Member States of the United Nations elected by the General Assembly for fixed terms, is given substantive and technical support by the Office in all areas of its work, including its regular and special sessions, organizational meetings, and the meetings of its subsidiary bodies. Stakeholder meetings, special events, discussions and expert panels also are organized and supported by OHCHR.
Developing human rights knowledge and awareness
OHCHR’s staff support the Council’s Universal Periodic Review (UPR), which between its first session in April 2008 and ninth in December 2010 reviewed the human rights situation in 143 Member States of the United Nations. The Office organized numerous training events and briefings on the new mechanism around the globe to inform States and other stakeholders of the UPR mechanism and facilitate the preparation of reports. OHCHR also provides substantive and operational support to independent human rights experts known as special procedures, appointed by the Council, in relation to their country visits, reports and other activities.
The Office works to ensure the integration of a human rights perspective into development, humanitarian, peace and security, governance and rule of law programmes of the United Nations system. It fosters an approach based on respect for all human rights of individuals and is particularly protective of those who have been the victims of or are most at risk of human rights violations. The work ranges from mapping emerging trends in human rights, addressing problems and documenting good practices, to developing tools and learning packages – all reflecting internal and external expertise. Support and outreach to multiple stakeholders, including Member States, individual rights-holders, civil society, national and
ABOUT OHCHR
regional human rights institutions, is an integral part of the Office’s approach to implementing the High Commissioner’s mandate.
Working in countries By the end of 2010, OHCHR was running or supporting 54 field presences, with an additional two planned for 2011. In-country presence is essential for identifying, highlighting and developing responses to human rights challenges in close collaboration with governments and the broader United Nations system. This can involve training police, soldiers and judges or helping to draft national laws that are in line with international human rights standards or supporting States with their obligation to implement the recommendations of the mechanisms such as the UPR. In many countries and regions, the Office also works with human rights institutions, academic and research institutions and civil society – charities, advocacy groups and other social justice organizations not linked to government – to strengthen their capacity and effectiveness. Staff are also deployed to rapidly developing humanitarian or other crises and to support fact-finding missions or commissions of inquiry into serious human rights abuses.
Staff At 31 December 2010, the Office employed 1,005 staff, of whom 465 (46 per cent) were based in the field, 520 (52 per cent) in Geneva, and 20 (2 per cent) in New York. It also supported some 840 human rights officers serving in 14 UN peace missions or political offices and 16 human rights advisers based in UN country teams in the field.
Structure In addition to its headquarters in Geneva, the organization has an office at UN Headquarters in New York and, as of 31 December 2010, 12 regional offices or centres and 12 country or stand-alone offices (see map on pages 10-11). The Office also supports the human rights components of UN peace missions or political offices and deploys human rights advisers to work with UN country teams. The Geneva headquarters has four substantive divisions: (1) the Research and Right to Development Division, which carries out thematic research on human rights issues; (2) the Human
OHCHR headquarters in Geneva.
ABOUT OHCHR
Rights Treaties Division, which supports the treaty bodies; (3) the Field Operations and Technical Cooperation Division, responsible for overseeing and implementing the Office’s work in the field; and (4) the Human Rights Council and Special Procedures Division, which provides substantive and technical support to the Human Rights Council, the Council’s UPR mechanism and the Council’s special procedures. Core administrative, planning, coordination and outreach functions are handled by dedicated sections under Executive Direction and Management, reporting directly to the Deputy High Commissioner. In July 2010, a new Assistant Secretary-General for Human Rights took up his functions to head the New York Office. For the current organizational chart, please refer to page 110.
How OHCHR is funded OHCHR is funded from the United Nations regular budget, which, in 2010 provided 40 per cent of the resources required to implement the Office’s programme of work, and from voluntary contributions from donors, mainly Member States. The amount of regular budget funding appropriated for use by OHCHR has increased gradually since 2005, when leaders attending the World Summit committed to double the resources available for the Office over five years. For the 2010-2011 biennium, an amount of US$141.4 million has been allocated to OHCHR, compared with US$120.6 million in 2008-2009, US$83.4 million in 2006-2007 and US$67.6 million in 2004-2005. For more information, please refer to page 78. The level of voluntary funding for OHCHR’s work has also increased substantially in recent years, rising from US$52.5 million in 2004 to a peak of US$119.9 million in 2008 before slipping slightly in 2009 to US$118.1 million and more sharply in 2010 to US$109.4 million.
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ABOUT OHCHR
The share of voluntary contributions provided without earmarking has also grown steadily, rising from 20 per cent in 2004 to 56 per cent in 2009 and dropping slightly to 54 per cent in 2010. Please refer to pages 78-87 for more information on funding, and trends and challenges, and pages 276-293 of the CD for the profiles of all donors in 2010.
How OHCHR spends its budget Total expenditure, including expenditure under both the regular budget and extra-budgetary spending, edged up in 2010 to US$193.1 million (compared to US$158.8 million in 2009). This followed several years of increased spending, as the Office sought to put into effect its plans for an expanded, more operational human rights programme that is more active at country
level. Excluding expenditures associated with the three grant-making humanitarian funds administered by the Office, 51.2 per cent of the total expenditure in 2010 was devoted to fieldwork, principally capacity-building projects and human rights monitoring, and was financed predominantly through voluntary contributions. About 12.6 per cent was spent on thematic research and human rights mainstreaming, 10 per cent on supporting the human rights treaty bodies, and 11.8 per cent on support to the Human Rights Council and its special procedures. The remainder was devoted to programme support (4.9 per cent) and Executive Direction and Management, fundraising and outreach activities (8.7 per cent). Financial accounts for the year 2010 to 31 December and additional information on the breakdown of expenditures and allocation of voluntary contributions, can be found at pages 88-95.
History of the UN Human Rights Programme The UN human rights programme has grown considerably since its modest beginnings some 60 years ago. Organizationally, it started with a small division in the UN Secretariat in New York in the 1940s. The division later moved to Geneva and was upgraded to the Centre for Human Rights in the 1980s. At the World Conference on Human Rights in 1993, Member States decided to establish a more robust human rights institution, and later that year the General Assembly adopted a resolution establishing the post of United Nations High Commissioner for Human Rights. In 1995, the Centre for Human Rights was merged into the Office of the High Commissioner for Human Rights (OHCHR), with a wide-ranging mandate and primary responsibility in the United Nations system for human rights. Twelve years later, at the 2005 UN World Summit, Heads of State from around the world committed themselves to an expansion of the UN human rights programme that recognized the central role and importance of ensuring a human rights approach in all aspects of the work of the United Nations system
as a whole; this also linked the three pillars of the Organization’s role - peace and security, development and human rights. The growth in UN human rights activities reflects the increasing strength of the international human rights movement since the General Assembly adopted the Universal Declaration of Human Rights on 10 December 1948. Drafted as “a common standard of achievement for all peoples and nations”, the Declaration sets out basic civil, political, economic, social and cultural rights that all human beings should enjoy. Over time, this unprecedented affirmation of human rights has become widely accepted as the standard to which all governments should adhere. Indeed, 10 December is observed worldwide as International Human Rights Day. The Declaration, together with the International Covenant on Civil and Political Rights and its two optional protocols, along with the International Covenant on Economic, Social and Cultural Rights, form the “International Bill of Human Rights.” As international human rights law developed, a number of UN human
rights bodies were established to respond to evolving human rights challenges. These bodies, which rely on the High Commissioner’s Office for substantive and logistical support, are either Charter-based (political bodies composed of States’ representatives, with mandates originating in the UN Charter) or treaty-based (committees composed of independent experts, established by international human rights treaties and mandated to monitor States Parties’ compliance with their treaty obligations). The United Nations Commission on Human Rights, which was established in 1946 and reported to the Economic and Social Council, was the key United Nations inter-governmental body responsible for human rights until it was replaced by the Human Rights Council in 2006. In addition to assuming the mandates and responsibilities previously entrusted to the Commission, the Council reports and recommends to the General Assembly ways of further developing international human rights law. Two years after its first session the Council operationalized the newest international human rights mechanism, the Universal Periodic Review.
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OHCHR at a glance
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ABOUT OHCHR
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Š UN Photo/Helena Mulkems
Discrimination Countering discrimination, in particular racial discrimination, discrimination on the grounds of sex, religion and against others who are marginalized Background The United Nations works to ensure the recognition of the dignity and worth of the human being without distinction as to race, colour, sex, disability, language, religion, political or other opinion, national or social origin, property, birth or other status and the realization of all human rights for all. Guarantees of non-discrimination figure prominently in international human rights standards because ideas of inferiority, inequality, or unwarranted distinctions between individuals are anathema to the notion of a common humanity, which is the basis for these standards. Discrimination is an attack on dignity. It is grounded in prejudice and bigotry. Laws in some countries, and practice in many, in all regions of the world, still permit or tolerate discrimination, not least against women and girls. Indeed, gender-based discrimination remains one of the most widespread human rights violations. Racial discrimination too, is ever present, despite the attention the United Nations has paid to this violation since its creation. In some regions, it may be growing, and is perhaps linked to patterns of migration. New forms of discrimination continue to surface. Even where legislation is adequate, ingrained social and cultural prejudice or tradition, intolerance and xenophobia combine to hinder integration and equality initiatives. Especially disturbing is that there is a sense of deepening global polarization along lines of religion or region, even as global economic and political integration proceeds. Discrimination is itself a violation of human rights and often leads to more violations. Other illegal acts such as killing, torture, and denial of employment, education, health care or fair trial also result from this prejudice. Unless the root cause of intolerance is addressed, human rights will not be respected.
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Š UN Photo/Sophia Paris
A girl waits to be fitted with a prosthetic leg in Haiti. OHCHR advocates for the end of discrimination against persons with disabilities.
DISCRIMINATION
OHCHR’s role Dealing with the issue of discrimination is a vital part of OHCHR’s work. Through studies and the development of methodological tools, technical assistance at country and regional levels, substantive and technical support to human rights mechanisms and awareness-raising activities, the Office has become a hub for anti-discrimination activities. Particular attention is given to racial discrimination, women’s rights and gender issues, minorities, and indigenous people. In addition to supporting mechanisms focused on the elimination of discrimination, OHCHR is also responsible for implementing actions identified in the Durban Declaration and Programme of Action (DDPA) of 2001, and the 2009 Outcome Document of the Durban Review Conference. The following are examples of our work in this area in 2010.
underpin the protection of all human rights. The Universal Declaration of Human Rights (UDHR) and the international human rights treaties set out State obligations to eradicate discrimination. OHCHR works with countries as they seek to translate these obligations into national laws, regulations, policies and institutions. It engages with governments, legislators and civil society in order to raise awareness of international standards, and provides advice on the drafting or revision of legislation. Racial discrimination For example, in 2010 OHCHR provided technical assistance for the development of national action plans against racial discrimination in Benin, Bolivia, Costa Rica and Uruguay and, as a result, the national capacity to design public policies to promote racial equality was strengthened in these countries. OHCHR also organized a training of governmental officials and civil society representatives of Anglophone African countries on the design and implementation of national action plans in Addis Ababa, Ethiopia.
National laws, policies and institutions EA1 - Increased adoption or revision of national anti-discrimination legislation and administrative measures in compliance with international norms and standards in the area of anti-discrimination, in particular the International Convention on the Elimination of All Forms of Racial Discrimination
© OHCHR/Guatemala
Non-discrimination, together with equality before the law and equal protection of the law without any discrimination are basic legal principles that
In Albania an anti-discrimination law was drafted with the assistance of the Human Rights Adviser provided to the UN Country Team by OHCHR, the Organization for Security and Cooperation in Europe (OSCE) and civil society. The Law was adopted by Parliament and conformed to relevant UN and European Commission standards. In the Republic of Moldova, the Government circulated a draft anti-discrimination bill in August for comments. The Human Rights Adviser coordinated the UN’s comments on the draft bill, and the Ministry of Justice expressed its commitment to incorporating these. The bill is expected to be approved in 2011. In Bolivia, OHCHR provided advice on a law against racism and all forms of discrimination. Concerns remain regarding some restrictions to freedom of expression that will need to be adjusted to bring it in line with international norms. In the former Yugoslav Republic of Macedonia, OHCHR also commented on the anti-discrimination law adopted in 2010 to bring it in conformity with human rights norms. OHCHR will continue to work with these countries and any others requesting assistance so that laws fully comply with international human rights norms and standards. Indigenous Peoples
Indigenous communities from north-western Guatemala gathered during the official visit of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples.
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Advancing the legal framework to enhance the rights of marginalized groups such as indigenous peoples continues to be a challenge. OHCHR supported mechanisms dedicated to human rights concerns of indigenous peoples, including the Special
© OHCHR
DISCRIMINATION
Celebration of Human Rights Day in Freetown, Sierra Leone.
Rapporteur on indigenous peoples and the Human Rights Council’s Expert Mechanism on the rights of indigenous peoples. The Expert Mechanism’s annual session in July 2010 brought together hundreds of government and indigenous representatives, as well as other experts, to discuss the right to participate in decision-making, and thereby advance the implementation of the UN Declaration on the Rights of Indigenous Peoples. Some encouraging developments took place in 2010. In Ecuador, a law on indigenous and general justice systems was drafted in compliance with human rights standards after technical advice was provided by the Special Rapporteur on indigenous peoples. The draft Law will be presented to the Minister of Justice and the National Assembly in 2011. In Mexico, a legislative initiative on indigenous peoples’ right to consultation and the process of free, prior, and informed consent is pending in the Federal Congress. In the Republic of the Congo, the Office supported the drafting of Africa’s first law on indigenous peoples, adopted in December 2010, and advocated for a visit of the Special Rapporteur, which was part of the background to the adoption of the Law. This Law reflects the principles of the United Nations Declaration on
the Rights of Indigenous Peoples. It is considered by many the most progressive national law on indigenous peoples on the African continent. In 2010, OHCHR convened consultations in Latin America with indigenous peoples and relevant authorities on draft guidelines for the human rights of indigenous peoples in voluntary isolation, resulting in a revised draft. It also analyzed the human rights situation of indigenous people in Central America, with the full participation of, and in consultation with, many indigenous groups. Discriminatory laws again women in law and practice In October 2010, the Human Rights Council adopted a resolution establishing a five-member expert Working Group on the issue of discrimination against women in law and practice for three years. The resolution calls on States to fulfill their obligations and commitments to revoke any remaining laws that discriminate on the basis of sex and remove gender bias in the administration of justice, taking into account that those laws violate their human right to be protected against discrimination. A study presented by the High Commissioner to the Council facilitated the adoption of this resolution.
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DISCRIMINATION
Persons with disabilities The rights of persons with disabilities have long been unrecognized or denied. OHCHR has significantly increased its work on the rights of persons with disabilities since the adoption of the Convention on the Rights of Persons with Disabilities (CRPD). In addition to supporting the Committee on the Rights of Persons with Disabilities and technical cooperation and research undertaken at headquarters, over 20 human rights field presences currently promote the rights of persons with disabilities, including by focusing on law and policy reform. For example, in Cameroon, with support of the Regional Office for Central Africa, a national law to protect the rights of persons with disabilities was adopted in April 2010; ratification of the CRPD is expected. Similarly, in Sierra Leone, a disability bill was tabled in Parliament and consensus was reached. The Human Rights Component of the UN Integrated Peace-Building Mission in Sierra Leone (UNIPSIL) provided technical support to civil society organizations during consultations and advocated for the enactment of the bill, which is currently at the legislative committee for final review. The Uganda Office supported incorporating the CRPD into domestic law through training Government and civil society partners and advocacy. The Colombia Office has, in addition to advocating for ratification, begun preparation of a study on the institutional and normative modifications required on the CRPD’s entry into force at the national level. The Human Rights Adviser in Albania worked with UNDP to set up a programme to support the Government and civil society in the process of law reform and institution-building necessary for ratification of the CRPD. The Human Rights Adviser in the South Caucasus, together with UNICEF, supported the Ministry of Education and Science in its work to encourage amendment of the Law on General Education in order to harmonize it with the CRPD. The Cambodia Office has supported law reform in Cambodia to ensure consistency with the CRPD. The Human Rights Adviser in Papua New Guinea supported the adoption of a National Disability Policy. The Regional Office for South-East Asia has worked with the UN Economic and Social Commission for Asia and the Pacific on harmonizing national legislation in 10 countries with the CRPD.
basic services, such as health care and housing, and, in more than 70 countries, laws criminalizing homosexuality and/or transgenderism. Homophobic and transphobic attitudes remain deeply entrenched and unchallenged in some societies, reinforcing stigma and discrimination and contributing, in some cases, to targeted violence, sexual assault, rape and killings. The High Commissioner has consistently voiced her concern in this context in public statements and in dialogue with governments. OHCHR staff supporting the special procedures and field presences, many of which are located in countries where discrimination against LGBT persons is systematic, also work to address these issues. OHCHR provides substantive technical support and advice to governments, parliaments, national and human rights institutions in relation to legislative reforms and also works at country level with civil society organizations which defend the human rights of LGBT persons.
Ratification EA2 - Increased ratification of human rights treaties with discrimination-related provisions and review of reservations related to non-discrimination provisions in these treaties OHCHR encourages the ratification of international treaties as the first step in holding States accountable to their human rights obligations. On 23 December the European Union ratified the CRPD, thus becoming the first regional organization to ratify a UN human rights treaty. The CRPD was also ratified by Armenia, Bosnia and Herzegovina, Canada, Ethiopia, France, Latvia, Lithuania, Malaysia, Maldives, Mauritius, Nepal, Nigeria, Republic of Moldova, Sierra Leone, Slovakia, Ukraine, United Arab Emirates and Zambia. St Vincent and the Grenadines acceded to the Convention, while Bhutan and Grenada signed. In most of these cases, OHCHR advocated for ratification through targeted actions and provided critical legal advice. The Optional Protocol to the CRPD was ratified by Honduras, Nicaragua, Turkmenistan and St. Vincent and the Grenadines. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was ratified by Cambodia.
Sexual orientation Discrimination against individuals on the basis of their sexual orientation or gender identity is a serious human rights concern in many countries. Examples include discriminatory laws and policies governing access to
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The Transitional Federal Government of Somalia signed the Convention on the Rights of the Child (CRC). On 25 May 2010, on the 10th anniversary of the adoption of the optional protocols to the CRC by the General Assembly, the Office launched a
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two-year ratification campaign aimed at achieving universal ratification by 2012, the year marking the 10th anniversary of their entering into force. The Optional Protocol to the CRC on the Involvement of Children in armed conflict was acceded to by the Seychelles and signed by Ethiopia. Thailand withdrew its reservation to article 7 of the CRC. Canada, New Zealand and the United States officially endorsed the UN Declaration on the Rights of Indigenous Peoples.
Justice and accountability mechanisms EA3 - Increased number of justice and accountability mechanisms established and functioning in accordance with international human rights standards to monitor, investigate and redress civil, cultural, economic, political and social human rights violations related to discrimination
capacity of several NHRIs around the world, and encouraged them to integrate HIV into their work against discrimination, including through The Handbook on HIV and Human Rights for National Human Rights Institutions, published by OHCHR and UNAIDS. Around 50 countries impose some form of restriction on entry, stay or residence based on people’s HIV status alone. Such laws are discriminatory, contrary to sound public health principles and hamper universal access to HIV prevention, treatment, care and support. OHCHR, together with other parts of the United Nations, have called for the repeal of such laws as they disproportionately affect the enjoyment of human rights by people living with HIV. Such efforts have led to the repeal of these restrictions in some countries including China, Namibia and the United States.
OHCHR assists States to establish and strengthen national human rights institutions (NHRIs) and other mechanisms through which individuals can submit and address complaints and hold States accountable for the implementation of their human rights obligations.
In Tanzania, the Commission for Human Rights and Good Governance was able to conduct investigations into human rights violations, including those committed against the albino community. Significant improvements were observed in the Commission on Discrimination and Racism and the Office for the Defence of Indigenous Women in Guatemala, with the incorporation of international human rights standards into their strategic investigation and follow-up on cases related to racism and discriminatory practices. The National Commission on the Rights of the Child in Timor-Leste held nationwide consultations with children aged six to 18 and with the Youth Parliament and sponsored events to advocate for children's rights. There was strong participation of Government and political actors in these activities. The Office supported these efforts through advice and advocacy efforts. OHCHR strengthened the
© REUTERS/Lisi Niesner
In Nepal, OHCHR partnered closely with the National Dalit Commission (NDC), a national institution dedicated to combating discrimination on the basis of caste. OHCHR and the NDC conducted joint monitoring missions and interventions which prompted several landmark court judgments on caste issues. OHCHR supported the drafting of legislation strengthening the prohibition of “untouchability” and putting the NDC onto a legal footing.
People join a rally in support of human rights for people affected by AIDS during the World AIDS Conference in Vienna, July 2010.
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Access to justice and basic services EA4 - Increased number of measures taken to improve access to justice and basic services of those affected by discrimination, particularly women, and with regards to the right to education The Office works with stakeholders to develop non-discrimination indicators. From 3-5 May 2010, United Nations experts, academia, human rights institutions, national statistical institutions, representatives of Governments from Latin America and the Caribbean and indigenous peoples and African-descendant communities met in Rio de Janeiro, Brazil, to discuss data collection and the use of indicators to promote and monitor racial equality and non-discrimination in the region. The seminar highlighted the fact that the number of Afro-descendants and indigenous people has frequently been underestimated in national censuses as a result of social exclusion dating from the colonial era. One of the purposes of this workshop was to raise awareness among national statistics institutions of the need to include ethnic data variables in the region-wide 2010 round of census. Argentina, Brazil and Ecuador were among the countries who sought to collect information on the socio-demographic characteristics of these groups, in order to monitor their human rights situation more fully. Governments and human rights organizations in Ecuador, Kenya, Mexico, Nepal and the United Kingdom as well as the EU’s Fundamental Rights Agency have increasingly adopted programmes for developing and using indicators on human rights to improve national censuses and statistics on racial equality and non-discrimination, drawing on OHCHR’s methodology on human rights indicators.
providing training and tools to Guatemalan NGOs working on the defence of indigenous peoples’ rights. The first 12 NGOs with which OHCHR interacted have already filed complaints relating to 12 cases. Specialized training to legal staff in the Presidential Commission on Discrimination and Racism against Indigenous People and the Office for the Defence of Indigenous Women has contributed to the strengthening of the capacities of these institutions regarding the investigation and prosecution of cases related to discrimination against indigenous peoples and women. In Burundi, the Human Rights Component of BINUB, in cooperation with UNICEF, UNFPA, WHO and WFP, is establishing a one-stop care centre for victims of gender-based violence. The centre will provide victims with shelter and medical, psychosocial and legal services. Through the Voluntary Trust Fund on Contemporary Forms of Slavery, OHCHR also provided direct assistance of US$ 726,000 to 25,611 victims of contemporary forms of slavery in 45 countries through 63 projects.
Participation EA5 - Increase in use by individuals facing discrimination of existing national protection systems and their meaningful participation in decision-making processes and monitoring of public policies
Persons most affected by social exclusion need particular support in order to access justice and basic services. The Human Rights Adviser in Rwanda provided technical assistance to legal aid clinics through the Ministry of Justice. These clinics provide legal advice to the population at community level, especially children and vulnerable women. In Mexico, the National Institute for Indigenous Languages officially launched a national roster of interpreters of indigenous languages. The roster, which will be accessible to judges and other justice system officials, was created to fight discrimination against indigenous people in the justice system.
Participation in elections and decision-making processes is essential for the exercise of human rights. In Afghanistan, women have increasingly participated in political processes aimed at restoring peace and economic prosperity in the country. OHCHR/UNAMA worked to ensure that in all such political processes, women themselves participated and that women’s rights were on the agenda of all discussions. OHCHR/UNAMA supported and promoted Afghan women’s representation in the September parliamentary elections and at the June National Consultative Peace Jirga (in which 300 women made up 25 per cent of the participants) and at the July International Kabul Conference. In Cameroon, as a result of advocacy and lobbying by Sightsavers and the Office, there was a significant focus on facilitating the participation of persons with disabilities in the 2011 presidential elections.
In Guatemala, the Office helped empower civil society organizations to use strategic litigation by
In Bolivia, the Office supported the Vice-Ministry of Indigenous Justice’s consultation on a bill on
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© AFP PHOTO/Tang Chhin Sothy
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Cambodian civil society celebrates Human Rights day in Phnom Penh, December 2010.
jurisdictional boundaries between the general and indigenous justice systems. OHCHR also partnered with the Inter-Parliamentary Union to organize a global conference in Chiapas, Mexico, aimed at strengthening the participation of indigenous peoples and minorities in parliaments. More than a hundred parliamentarians and other participants agreed on the Chiapas Declaration which contains concrete measures to improve the representation of minorities and indigenous peoples in legislatures. In societies where a tradition of peaceful, participatory mechanisms is absent, OHCHR works with young people so that they acquire the knowledge and skills necessary to contribute to the strengthening of national protection systems. In Togo, for example, OHCHR’s election support project was directed mainly to sensitizing young people to the benefits of non-violence and women to the benefits of active participation in the electoral process. The project included discussions with local authorities, political party leaders, traditional chiefs and other opinion leaders on their roles and responsibilities in electoral processes, the equitable treatment of all candidates and the civic conduct required of them in order to protect human rights.
Engagement with human rights mechanisms EA7 - Increased number of victims of discrimination, and national human rights institutions acting on their behalf, using the Human Rights Council and its subsidiary bodies, special procedures and treaty bodies to promote equality and non-discrimination OHCHR plays an important role in providing guidance and training for victims of discrimination, civil society organizations and NHRIs in the use of the UN human rights machinery. Training delivered by the Human Rights Adviser in Albania, along with UNIFEM/UN Women, helped civil society organizations to improve their knowledge of the Optional Protocol to CEDAW, and developed their capacity to use its individual complaint mechanism. In Serbia, a working group, including more than 10 organizations of persons with disabilities, on the drafting of the initial report on the implementation of the CRPD was established. In Panama, indigenous peoples’ and Afro-descendants’ organizations presented joint submissions to the Universal Periodic Review (UPR) and communications to special procedures.
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Nelson Mandela International Day In November 2009, the General Assembly declared July 18, Nelson Mandela's birthday, as ‘Nelson Mandela International Day’ to be observed annually. In taking this decision, the General Assembly recognized Mandela's outstanding contribution to the creation of a non-racial, non-sexist, democratic South Africa. It also acknowledged his dedication to the service of humanity, as a humanitarian, in the fields of conflict resolution, race relations, promotion and protection of human rights, reconciliation, gender equality and the rights of children
and other vulnerable groups, while also uplifting poor and underdeveloped communities. Nelson Mandela was described as one of the greatest moral and political leaders of our time; an international hero whose lifelong dedication to the fight against racial oppression in South Africa won him the Nobel Peace Prize, the presidency of his country and international acclaim and respect as a vital force in the fight for human rights and racial equality. 18 July 2010 marked Nelson Mandela's 93rd birthday. He
Since its establishment in 1985, the Voluntary Fund for Indigenous Populations has provided support to more than a thousand representatives of indigenous peoples, thereby ensuring that the voices and concerns of indigenous peoples are heard at the United Nations. In 2010, following efforts to increase the diversity of applicants, a greater number of applications were received from underrepresented countries and regions, and 101 travel grants amounting to US$ 412,524 were awarded to representatives of indigenous communities and organizations to attend the ninth session of the Permanent Forum on Indigenous Issues and the third session of the Expert Mechanism on the Rights of Indigenous Peoples. A directory of past beneficiaries of the Fund was developed to enhance the effectiveness of the secretariat and track the performance of the grantees. Similarly, a network of beneficiaries was established to share best practices and allow beneficiaries to build upon each others’ experiences. Human rights training sessions for Fund grantees were organized prior to the sessions of the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples in order to increase their capacity to participate in these mechanisms effectively. Following their participation in the sessions of the Permanent Forum and the Expert Mechanism, indigenous peoples launched new projects with cooperation agencies and NGOs, opened dialogue with their respective governments and national
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dedicated 67 of those years to the struggle against apartheid in South Africa, 27 of them spent in prison. Through the Mandela Day initiative, individuals are called on to contribute 67 minutes of their day on 18 July to the cause of making the world a better place and, further, to make everyday their Mandela Day. In the words of UN Secretary-General Ban Ki-moon: “Nelson Mandela is a towering figure. He embodies the highest values of humanity and of the United Nations.”
institutions, and followed up on recommendations made by the special procedures mandate-holders and the treaty bodies. The fellowship programme organized by OHCHR for minorities (in Arabic and English) and indigenous peoples (in English, French, Russian and Spanish) strengthened the capacity of 35 fellows to use human rights protection systems in addressing the concerns of their communities. The Office also facilitated interaction among those at risk of discrimination through the Forum on Minority Issues, the Social Forum, the Working Group on People of African Descent, and the Expert Mechanism on the Rights of Indigenous Peoples. The Forum on Minority Issues, established by the UN Human Rights Council (HRC) in 2007, is guided by the Independent Expert on minority issues and aims to provide a platform for dialogue and cooperation on matters of concern to national or ethnic, religious and linguistic minorities. In December 2010, the Forum focused on minorities and effective participation in economic life. The views of participants from minority communities were given high priority and minority actors in the field of economic rights from all regions attended. Over 500 individuals were accredited to participate, including delegates from over 60 States and over 100 NGOs. Some 25 minority participants were funded by OHCHR to take part in the Forum as experts.
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Responsiveness of the international community EA10 - International community, increasingly responsive to situations characterized by discrimination against individuals and groups The early warning and urgent action procedure established by CERD continues to consider a growing number of cases of discrimination suffered by indigenous peoples and minorities around the world. Last year CERD considered: Aboriginal legal aid in Australia; ancestral lands and access to natural resources and livelihoods for indigenous peoples, people of African descent and minorities in Botswana, Brazil, Cameroon, Chile, Colombia, Costa Rica, India, Niger, Papua New Guinea, Paraguay, Peru, the Russian Federation, Tanzania and the United States of America; discrimination against Roma minorities in the United Kingdom and Slovakia; discrimination in housing rights against the Uzbek minority in Kyrgyzstan and alleged military action against the Hmong people in Laos. Under this procedure, a decision was taken on Nigeria concerning attacks against and killings of a large number of persons in the context of tensions between ethno-religious groups (March 2010). In August 2010, CERD urged the Government of Kyrgyzstan to, among others, ensure the protection of all its citizens from ethnic hatred and to pay due attention to possible discrimination on ethnic grounds in various areas e.g. employment and education. Six special procedures mandate-holders expressed concern over the immigration law enacted last year by the State of Arizona, United States of America, that allowed police action targeting individuals on the basis of their perceived ethnic origin, and at another Arizona law that prohibited school programmes featuring the histories and cultures of ethnic minorities. One of the most significant thematic studies produced by the Office in 2010 focused on the issue of maternal mortality and morbidity. The study prompted a joint statement by 108 countries
in the Human Rights Council requesting the High Commissioner to present it to the Millennium Development Goals Review Summit in September. The Council subsequently requested OHCHR to prepare a second report on good and effective practices to prevent maternal mortality and morbidity for September 2011. This request was supported by 96 co-sponsors, indicating that the international community is increasingly responsive to this issue. The Office also deals with forms of discrimination that are not explicitly addressed by existing international human rights instruments, such as age-related discrimination and the human rights of older persons. In December 2010, the General Assembly established an Open-ended Working Group relating to the rights of older persons for the purpose of strengthening their human rights. The principles and guidelines on the elimination of discrimination against persons affected by leprosy and their family members offer specific guidance on this form of health-related discrimination and stigma. These principles were adopted by the HRC in September and a resolution was passed by the GA on the same subject in December. OHCHR contributed by providing substantive support to the work of the Advisory Committee of the HRC throughout the drafting process. The Office continued to provide substantive and technical support and advice to the Durban follow-up mechanisms and to implement activities foreseen in the Durban Declaration and Programme of Action and the Durban Review Conference Outcome Document, as well as to facilitate other seminars and panels on a range of racial discrimination-related topics. Work commenced on preparations for four regional workshops on the prohibition of incitement to hatred, to be held in 2011. Four consultants have submitted regional studies on relevant legislation, jurisprudence and policies with input from Member States, UN agencies, regional organizations, national human rights institutions (NHRIs) and civil society.
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International Year for People of African Descent In 2009 the General Assembly proclaimed 2011 to be the International Year for People of African Descent, citing the need to strengthen national actions and international cooperation to ensure that people of African descent fully enjoy economic, cultural, social, civil and political rights. While launching the Year on Human Rights Day 2010, UN Secretary-General Ban Ki-moon recalled that people of African descent are among those most affected by racism, steeped in a long and a terrible history of fundamental wrongs and the denial of basic rights. “The international community has affirmed that the transatlantic
slave trade was an appalling tragedy not only because of its barbarism but also because of its magnitude, organized nature and negation of the essential humanity of the victims”, he said. “Even today, Africans and people of African descent continue to suffer the consequences of these acts”, he added, calling for their full integration into social, economic and political life and at all levels of decision-making. “The international community cannot accept that whole communities are marginalized because of the colour of their skin.” OHCHR has prepared a framework for action to combat discrimination against people of African Descent
Human rights mainstreaming within the United Nations EA11 - Increased integration of equality and non-discrimination standards and principles into UN policies and programmes with respect to development, humanitarian action, peace and security, and economic and social issues OHCHR works with a broad range of UN partners to address human rights concerns. The Human Rights Adviser in Albania worked with UN partners to promote a continued focus on a human rights-based approach. The One UN common country programming document, to be adopted in 2011, is expected to be largely rights-based, much as a result of the Adviser’s contribution to the drafting process. In Mauritania, anti-discrimination and women’s rights have been made priorities for the UNDAF period 2010-2015 and have been incorporated in UNDAF programmes. In Rwanda, a joint Gender and Human Rights Mainstreaming checklist for the UNDAF thematic groups was developed by the Gender Task Force and the Human Rights Task Force. The Consultative Committee of Indigenous Peoples and Afro-descendants in Nicaragua, which was strengthened and coordinated by the Human Rights Adviser in the country, met regularly to discuss issues such as the dissemination and implementation of International Labour Organization (ILO)
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that includes activities the Office engages in regarding people of African descent. The activities will be carried out to mark the International Year and also set in motion an ongoing, coordinated programme to combat discrimination against this population group beyond 2011. The activities include working with partners to promote the year through seminars, and cultural events aimed at raising awareness about the contribution that African descendants have made to global development, while recognizing the obstacles that must still be overcome.
Convention 169 and the incorporation of stakeholders’ concerns in the mid-term review of the UNDAF. The Regional Office for Central America fostered the creation of a regional consultative mechanism for the UN with indigenous peoples. This mechanism, which includes participation by indigenous women, is aimed at enhancing the ability of indigenous peoples to claim their rights and facilitating the drafting of a joint regional plan of action. Finally, OHCHR promotes non-discrimination in inter-agency discussions so that there is a cohesive approach and a stronger response. For example, the Office co-chairs, with UN Women, the UN Evaluation Group (UNEG) Task Force on integrating gender equality issues and the human rights dimension in all UN evaluations. The Task Force has prepared a UNEG handbook, to be released during 2011, on the integration of human rights and gender issues into all UN evaluations. The UNDP launched Marginalised Minorities in Development Programming: A UNDP Resource Guide and Toolkit on 26 May 2010. This publication is the result of a comprehensive consultative and drafting process, initiated by the Independent Expert on minority issues and led by a task force composed of leading policy advisers from all UNDP practice areas, regional bureaus, Regional Service Centres, country office practitioners, the Independent Expert and OHCHR staff.
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The rights of indigenous peoples were advanced through the signature of a memorandum of understanding with ILO and UNDP on a new inter-agency framework entitled the “UN Indigenous Peoples Partnership�. A multi-donor trust fund set up in this context will support targeted interventions developed in close partnership with indigenous communities.
Challenges and lessons learned Prejudices and intolerance are often deep-rooted and need to be confronted head-on, without compromise at the international and national levels. The international human rights normative framework against discrimination is robust, but implementation is often weak. National legislation that conforms with international human rights law
as well as specific action plans to clarify obligations and enhance cooperation among State agencies are needed. At the international level, building consensus regarding the need to address discrimination in all its forms is particularly important. It is vital to honour the commitments in framework documents such as the Durban Declaration and Programme of Action (DDPA) of 2001, and the 2009 Outcome Document of the Durban Review Conference, particularly in the context of operationalizing the Durban mechanisms. Inter-agency initiatives addressing particular forms of discrimination, such as that against minorities, indigenous peoples, or persons living with HIV/AIDS are important. OHCHR is committed to continue working with other partners in this field to make a difference in the lives of those facing discrimination.
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Impunity and the rule of law Combating impunity and strengthening accountability, the rule of law and democratic society Background The rule of law is the bedrock of the legal protection of all human rights, whether they are civil, cultural, economic, political or social rights. For the United Nations system, the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. Where the rule of law collapses, violent conflict erupts. Mass killings, disappearances, torture, arbitrary detention, destruction, sexual assault, rape, displacement, fear, hunger, and trauma follow. Establishing effective mechanisms to ensure that perpetrators of such violations will not go unpunished is an important step in restoring the rule of law in the aftermath of conflict. Impunity is often the main obstacle to upholding the rule of law. Human rights are reduced to a mockery when acts such as torture or rape go unpunished, when amnesty laws exempt perpetrators from responsibility, when inquiries into excessive use of force produce little results, when court decisions providing remedies and redress for victims are not enforced and when economic, social and cultural rights cannot be attained through a judicial process.
OHCHR’s role OHCHR engages in dialogue with States on the best ways to achieve legal protection of human rights and accountability for violations. At the country level, efforts focus on dialogue with governments, institutions concerned with the administration of justice, law enforcement agencies, national human rights institutions (NHRIs) and civil society organizations to promote principles of accountability 26
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Women in North Darfur marching to demand the end of gender-based violence.
Š UN Photo/Albert Gonzalez Farran
IMPUNITY AND THE RULE OF LAW
and the rule of law, to share examples of best practice and to provide technical advice.
assisting States to assess progress in human rights implementation and capacity-building.
At the global level, OHCHR supports the development of relevant international norms and standards, and collects good practices, elaborates guidance tools, and carries out capacity-building activities. It also supports human rights mechanisms in their efforts to enhance legal protection of human rights and accountability. The Office has assumed a lead role within the UN system on transitional justice and chairs the working group on protecting human rights while countering terrorism of the Counter-Terrorism Implementation Task Force established by the Secretary-General.
Using OHCHR’s methodology, OHCHR-Mexico, in collaboration with the National Institute of Statistics and the National Human Rights Commission, designed and formulated indicators on the rights to health, education, freedom of expression and opinion, life, liberty and security. Mexico City's Government also enacted a Human Rights Plan Law. This Law, currently being implemented through the Mexico City Human Rights Programme, emphasizes the inclusion of a gender and human rights perspective in the City’s public policies and budgets.
OHCHR is dedicated to seeing the end of impunity and strengthening the rule of law; the following are some of the results it contributed to in 2010.
National laws, policies and institutions EA1 – Increased number of democratic institutions engaged in issues related to combating impunity On matters of rule of law and constitution-making, OHCHR continues to advocate for strengthened legislation and provisions with regard to human rights. Following such advocacy, the European Commission proposal for a directive on the right to information in criminal proceedings included a “non-regression clause” according to which a directive should not be interpreted as lowering higher standards that may be binding on Member States, in this case ICCPR standards. In Mexico, the Federal Senate approved a constitutional reform that takes into account proposals made by the Office. The reform includes 11 articles on human rights and recognizes international human rights treaties as national law. The reform is currently pending the approval of the Federal Congress. Cambodia began using an implementation guide for the Law on peaceful demonstration (adopted in late 2009) that had been drafted by the Government in consultation with the East West Management Institute, civil society and OHCHR-Cambodia. Recognizing that data, its collection and compilation are essential in the quest to realize human rights, OHCHR has developed a framework which promotes a common approach to the identification of indicators for the monitoring of civil, cultural, economic, political and social rights. This framework makes precise and up-to-date data available, thereby
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With the same methodology, indicators on the right to a fair trial have been adopted by Mexico City’s Court of Justice. Twelve out of 14 analytical documents submitted by OHCHR-Mexico to the Mexican Courts were included in decisions and/or judicial debates. As a result, Supreme Court rulings incorporating international human rights standards increased both in number and quality. In October 2010, the President proposed a bill which would exclude from military jurisdiction cases of grave human rights violations such as torture, forced disappearance and rape. While this is a positive step, the Office recommended that Congress broadens the reach of the initiative to include all human rights violations. An independent and fair judiciary is at the heart of the rule of law. In Haiti, seven courts and tribunals across the Western and Artibonite departments became operational again, with technical advice provided by OHCHR, in partnership with UNHCR. In Ecuador, the Ministry of Justice elaborated a strategic plan for implementing the new Organic Code of the Judiciary in accordance with human rights standards. The Human Rights Adviser supported the process by advising on an organizational model for the Judicial Council, as the Government administrator of the judiciary, and a system for judicial education. Trials in Timor-Leste increasingly complied with human rights standards. The Human Rights and Transitional Justice Section monitored several trials, including one related to the assassination attempts on the President and Prime Minister, and all cases proceeded in compliance with most basic international fair trial standards. As the judicial process runs its course, police and other security agents must fulfill their duties in detaining suspects without abusing their position of
© UN Photo/Albert Gonzalez Farran
Sudan's National Elections Committee begins the process of counting ballots.
authority. OHCHR works with States to support this process. In Ecuador, a regulation on the use of force and firearms by the police, incorporating applicable human rights standards, was developed and adopted by the Ministry of Interior. In Timor-Leste, progress was made towards improving the accountability of national police officers. Disciplinary mechanisms improved because a wider range of possibilities for case referrals was adopted. In Lebanon, the code of conduct for police finalized in 2010 will provide the basis for future trainings and activities. Among the most important mechanisms to ensure the compliance of States with their human rights obligations are the NHRIs, along with ombudsmen’s offices. Their mandate can include advising a government on its international obligations, reviewing legislation and administrative practices, monitoring the national human rights situation, and responding to human rights violations. These institutions act as an important bridge within society as well as with regional and international fora. The effective functioning of an NHRI, as spelled out in the Paris Principles, requires independence, pluralism, accessibility and functional autonomy. The Office works with States to strengthen the mandate and capacity of these institutions and ensure they are 1
adequately funded. With support from OHCHR, institutions were established or strengthened in 52 countries, including in Afghanistan, Cameroon, Bahrain, Burundi, Chile, Haiti, Kosovo1, Liberia, Oman, the Russian Federation, Serbia, the former Yugoslav Republic of Macedonia, Timor-Leste and Uruguay. OHCHR provides advice on electoral laws and procedures and assists in observing UN-supported electoral processes. In 2010, fifty years of independence were marked in 22 African States by crucial electoral processes. As citizens of these States went to the polls, OHCHR presences on the continent monitored the human rights situation during elections in several of these countries. The long-awaited presidential polls in Côte d’Ivoire, which had been postponed six times since 2005, saw an estimated 85 per cent of voters turn out, the majority of whom were women. The Human Rights Division of the UN Operation in Côte d’Ivoire (ONUCI) organized a series of workshops promoting human rights during the electoral process, with a particular emphasis on the protection of women and girls in rural areas.
Reference to Kosovo should be understood in full compliance with United Nations Security Council resolution 1244 and without prejudice to the status of Kosovo
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In Guinea, while the first round of the presidential elections in June 2010 was predominantly peaceful, tensions between the two remaining candidates and disputes over the leadership of the Electoral Commission jeopardized the organization of the second round. At least four civilians were killed and scores injured during clashes between the candidates’ supporters and security forces in the capital Conakry between 15-17 November. Other human rights violations linked to the organization of the elections were also reported by staff of the newly-established OHCHR Office in Guinea. In the run-up to the polls, OHCHR-Guinea helped train 175 human rights monitors operating across the country. The Office also engaged in conflict prevention activities, including holding talks with both presidential candidates and their teams and providing human rights training for security forces and youth groups. Staff worked closely with NGOs and other local partners throughout the country to monitor the human rights situation before, during and after the elections. The UN Human Rights Office also expressed concern at the manner in which Guinea’s security forces had quelled supporters’ demonstrations both in October and November 2010.
Ratification
The joint UNDP-OHCHR Togo Office programme directed towards non-violent presidential elections in March 2010 was a marked success. The Office remained in close consultation with the authorities of the country, assisted with the training of the security forces and devised a comprehensive human rights promotion programme. The presence of the Office throughout the country through its six sub-offices and its networks proved to have a preventive effect and was expressly appreciated by the Government. By the end of October, no more election-related detentions were noted.
OHCHR supports institution-building efforts by developing guidance materials for use by judges and judicial trainers, as well as new policy and training tools on accountability mechanisms, including commissions of inquiry.
OHCHR recognizes the importance of training personnel involved in electoral processes, including police and other security agents. To this end, the Office assisted in the elaboration of training material for police in Ecuador, Liberia, Sierra Leone and the Sudan, and for defence lawyers in Georgia. OHCHR also contributed to the UN-wide policy on democracy and to the development of UN-coordinated policies and actions to enhance national efforts for combating democratic deficits and for strengthening democratic institutions. In this context, in 2010, OHCHR conducted several training seminars for parliamentarians in various regions with a focus on their oversight and legislative role with regard to the protection and promotion of human rights.
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The ICCPR was ratified by Pakistan and Guinea-Bissau, and the Second Optional Protocol to the ICCPR on the death penalty was acceded to by the Kyrgyz Republic and signed by Kazakhstan. The Convention against Torture (CAT) was ratified by Pakistan and signed by the Lao People's Democratic Republic, and the Optional Protocol (OPCAT) was ratified by Ecuador, Panama and Togo. The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) was ratified by Brazil, Iraq and Paraguay, and signed by Indonesia. Iraq became the twentieth State Party to the ICPPED in November, thus bringing the Convention into force on 23 December 2010.
National accountability mechanisms EA3 - National accountability mechanisms established and functioning for combating impunity in accordance with international human rights standards and best practices
The work of two truth commissions in Timor-Leste will be furthered thanks to draft legislation on a follow-up institution. The draft, which was discussed in Parliament, was based on a concept paper produced by a working group, including the Human Rights and Transitional Justice Section in Timor-Leste which provided technical advice. In many countries, individuals endure appalling conditions of detention. As soon as they are behind bars, detainees frequently lose enjoyment of their human rights and are often forgotten by those in the outside world. This was emphasized by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in a global report presented to the Human Rights Council. In 2010, the Republic of Moldova acted on most of the eight recommendations made by CAT in November 2009, in particular concerning the functioning of Moldova's National Preventative Mechanism (NPM). Access to places of detention by the NPM significantly improved during the
Š AFP PHOTO/Shah Marai
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Afghan women in a gathering to mark International Women's Day in Kabul.
course of the year. However, other problems remained; the NPM was not applying appropriate standards for documenting torture and related abuse in places of detention, and the timely publication of monitoring reports. OHCHR provided technical advice to the National Commission of Inquiry established by the Moldovan National Parliament to investigate the violence that took place in the aftermath of the April 2009 elections. In Honduras, a National Mechanism against Torture was established. The Human Rights Adviser contributed to the promotion of a public debate on its role and importance based on the recommendations of the Subcommittee on Prevention of Torture. A National Torture Prevention Mechanism Law was also adopted in Guatemala. OHCHR attaches particular importance to victimand witness-protection programmes, including in cases of sexual violence, and develops guidance materials to assist States in this regard. In 2010, OHCHR deployed international witness protection experts to Argentina, Nepal and Uganda to review national legislation in these countries. Following this review, and based on the framework for the protection of witnesses and victims presented in the High Commissioner’s report to the Human Rights Council on the right to the truth (A/HRC/15/33), a senior-level expert meeting was organized in Uganda to discuss good practices for setting up a national witness protection programme and, in December 2010, OHCHR organized in Nepal a South Asian regional meeting on witness and victim protection.
Transitional justice mechanisms EA3 - Transitional justice mechanisms progressively established and functioning in accordance with international human rights standards and best practices For countries recovering from conflict or repressive rule, the rights to justice, truth and reparations and guarantees of non-recurrence are recognized as essential for achieving the transition to democracy, combating impunity and overcoming a legacy of human rights violations. The Office helped design and support national consultations on transitional justice mechanisms; supported the establishment of truth-seeking processes, judicial accountability mechanisms and reparations programmes; and provided advice on relevant institutional reforms. It is also developing guidance materials on new transitional justice-related areas, the most recent of which include the linkages among transitional justice processes and economic, social and cultural rights; disarmament, demobilization and reintegration; gender, including addressing sexual violence; and vetting processes. The Office’s work also focuses on the different elements of the right to truth, such as the importance of the preservation and use of archives in truth-seeking processes and ensuring witness protection. In 2010, OHCHR provided advice and assistance on accountability and transitional justice issues in a number of countries. In Burundi, OHCHR supported the successful conduct of national consultations on
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transitional justice in April 2010. OHCHR also assisted in the establishment of the Transitional Justice and Reconciliation Commission (TJRC) in Togo, and over 17,000 statements were gathered during the collection of testimonies phase (6 August to 17 December 2010). OHCHR assisted the TJRC in training and capacity building for the commissioners, as well as the recruitment and training of staff for its local antennas and mobile teams. In November 2010, OHCHR organized a seminar on witness and victim protection, in which the staff of the TJRC participated.
Access to justice and basic services
Steps were taken towards accountability for crimes committed during the 2006 crisis in Timor-Leste. All cases recommended for prosecution by the United Nations Independent Special Commission of Inquiry have been taken up for investigation. By December 2010, trials in seven cases had been completed, including four in 2010.
A comprehensive Special Law on a Life Free of Violence for Women, on which extensive support and advice was provided during the drafting process, was adopted by the Salvadorian Congress in November 2010. In Mexico, changes in existing legislation on reproductive rights and a new law forbidding violence against women were approved in November 2010 in Guanajuato. Indicators on violence against women have been selected and validated, and are currently pending approval and adoption by the National Commission to Prevent and Eradicate Violence against Women.
The Government of Brazil committed itself to establishing a Truth Commission. The Government of Nepal has committed itself to establishing a Disappearances Commission and a Truth and Reconciliation Commission to address both the causes and the conduct of the ten-year conflict that took place in the country. Progress is being made towards the adoption of the necessary legislation. Uganda established a War Crimes Division of the High Court, whose jurisdiction covers the crimes against humanity in the Rome Statute. In addition, as a State Party, Uganda, has integrated the Rome Statute into domestic law, by enacting the ICC Act 2010, which annexes the Statute in its entirety. The Human Rights Adviser in Kenya, working closely with UNIFEM and UNDP, helped to ensure a gender sensitive approach in the support provided to transitional justice and accountability measures and the constitutional review processes undertaken by the Government of Kenya. In August 2010, OHCHR published a report on the mapping exercise documenting the most serious violations of human rights and international humanitarian law, including sexual violence, committed within the territory of the DRC between March 1993 and June 2003.
EA4 – Increased access to justice for marginalized groups Violence against women is endemic in almost every society. The fact that it is often hidden from public view makes it difficult to address. It is therefore imperative to make sure that the legal structures which protect women are sound and that they have full access to justice and legal assistance.
In Timor-Leste, a law against domestic violence was adopted in May. The Parliament in Uganda enacted the Domestic Violence Act in March, but supporting regulations have not been completed. The Prohibition of Female Genital Mutilation Act was passed in Uganda to outlaw this practice, punish offenders and provide protection to victims. In Afghanistan, the draft law on Dispute Resolution Council Jirgas and Shuras was reviewed by OHCHR and UNAMA for compliance with international human rights standards and to ensure that the law safeguards women's rights. In Iraqi Kurdistan, the Regional Government has taken steps to improve legislation protecting and promoting women’s and children’s rights, including through the law for social health security and a quota system for women. OHCHR continues to advocate for detainees to enjoy the right to judicial review of their detention by an independent, impartial court, as well the right to seek redress following torture, ill-treatment or other violations, and, in the case of pre-trial detainees, their rights to legal counsel, the presumption of innocence, release pending trial, and the right to a speedy trial or release. Throughout the year, the High Commissioner for Human Rights advocated in different forums for an expeditious and fair trial before regular courts for those being held by the Government of the United
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States of America in the Guantanamo Bay detention facility and other places. She also called for a thorough investigation of allegations of torture at the facility and raised concerns about detention in locations outside the United States. The High Commissioner also expressed concern over the US programme of targeted killings of suspected terrorists in circumstances that challenged international norms established to protect the right to life and the rule of law. The Office obtained authorization to visit all civilian prisons in Cambodia. In 2010, our staff installed rain-water harvesting systems and increased water storage facilities in the prisons of the Banteay Manchey, Siem Reap, Mondolkiri, and Kratie provinces and in Correctional Center No. 4, thus improving the daily life of over 2,500 prisoners. An action plan to reduce the prison population in Burundi, adopted in September 2009, is currently being implemented. Short-term measures have led to a significant decrease in the number of detainees, however, for sustainable results the in-depth reforms foreseen in the plan should be implemented. The Office assisted 60 youths detained after demonstrations in Guinea in September 2010 to obtain pro bono legal aid from a pool of lawyers. All detainees were released thanks to this assistance and most of them were acquitted.
Responsiveness of the international community and the United Nations system EA10 – International entities, including the International Criminal Court (ICC), international tribunals and the Human Rights Council and other UN human rights mechanisms increasingly responsive to critical accountability situations The thematic report on reparations for women who have been subjected to violence prepared by the Special Rapporteur on violence against women, filled a gap in the research on the issue, and attracted the interest of a number of UN agencies which are active either in the more general field of the rule of law and access to justice, or more specifically on women's rights. These have used the report as a reference guide for their own national level projects and have expressed interest in further cooperating with the Special Rapporteur on this topic. The International Criminal Court (ICC) is the principal justice and accountability mechanism at the international level. Established by the Rome Statute
Premises of the International Criminal Court in The Hague.
in 1998 and entering into force on 1 July 2002, OHCHR encourages States that have not yet ratified the Statute to do so; supports civil society efforts to promote ratification; and, when requested, provides technical advice on national implementing legislation. The number of States Parties to the Rome Statute rose to 114, with the ratifications by Bangladesh, the Republic of Moldova, the Seychelles, and St Lucia. The High Commissioner participated in the stocktaking panel on complementarity. Held during the ICC Review Conference in Kampala from 31 May to 11 June 2010, OHCHR strengthened its relationship with the ICC on the basis of the UN-ICC Relationship Agreement approved by the General Assembly (A/RES/58/318). OHCHR contributed to making the UN framework for transitional justice activities more human rights-based. Amongst other things, the Office had a lead role in the process of elaborating the Secretary-General’s Guidance Note on the UN’s approach to Transitional Justice, adopted in March 2010. This note is now used by the United Nations at Headquarters and in the field as a common standard on transitional justice.
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© AFP PHOTO/EPA/ANP/Toussaint Kluiters
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© UN Photo/Eskinder Debebe
UN agencies in Sierra Leone have become aware of the need to use a human right-based approach to programming, as evidenced by the UN Joint Vision which includes a major programme on access to justice and human rights.
Secretary-General Ban Ki-moon (second from right) with the Panel of Experts on Accountability in Sri Lanka, including Chairperson Marzuki Darusman (second from left), Yasmin Sooka (left) and Steven Ratner (right).
During 2010, OHCHR advised and supported the Secretary-General on the establishment of his Panel of Experts on Accountability in Sri Lanka, which examined the Government's follow-up to joint commitments on accountability relating to alleged violations of international human rights and humanitarian law during the final stages of the conflict in Sri Lanka that ended in 2009. The Panel’s report identifying credible allegations of war crimes and crimes against humanity by both sides of the conflict was made public by the Secretary-General in April 2011. The three thematic reports presented by the Special Rapporteur on counter-terrorism to the General Assembly and the Human Rights Council during 2010 raised awareness amongst Member States and the international community about the importance of the promotion and protection of human rights and the rule of law while countering terrorism. They also contributed to the mainstreaming of human rights standards and principles within the United Nations’s work and raising awareness about the specific responsibilities of the United Nations in this context. EA10 - The progressive involvement of an increasingly knowledgeable and committed international community in combating impunity In Afghanistan, the UN Country Team agreed to adopt an Integrated Strategic Framework as a step towards the UN Delivering as One in Afghanistan. The rule of law and human rights were included among the five priority areas of this framework, which was endorsed by the Government.
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A UN thematic group encompassing all UN organizations in Serbia was set up as a support network for the Ombudsman and the NHRI. Serbia’s Common Core Document (CCD) was finalized and submitted in line with the harmonized guidelines on reporting to the human rights treaty bodies.
Challenges and lessons learned Enhancing the rule of law and ending impunity require sustained efforts. Demonstrating will and capacity are essential in this regard. The basic tools are there. The technical advice is available. Best practices abound. But without clear political commitment to countering impunity seriously, capacity-building efforts will have little effect. Although some progress has been made in addressing the worst crimes through the adoption of new standards and the conduct of international criminal prosecutions, much remains to be done at the national level to enforce basic human rights guarantees, not least through establishing and defending judicial independence. There is no single model to enhance the rule of law. Rule of law programmes can be adapted to the needs of every country depending on the challenges faced, whether it be a situation of conflict, the threat of terrorism, insecurity and general criminality or serious economic deprivation. But the vital ingredient is for the State to honour the human rights obligations that it has voluntarily accepted. OHCHR has greatly benefited from its partnership with other institutions within the UN system and beyond. Its leadership role in enhancing accountability for violations, fostering transitional justice measures, and supporting institution-building is acknowledged. A coordinated, coherent, and responsive approach to rule of law and accountability strengthens the delivery of assistance and the human rights message. OHCHR is committed to this approach.
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Ending the cycle of bereavement
On 7 July 2010, a ceremony was held at the United Nations Human Rights Office in Bogota to help provide closure for the bereaved family and friends. The young women's mother, Nieves, their sister Nancy and four orphaned children displayed a profound sorrow that is difficult to describe as they confronted the four white coffins adorned with flowers and portraits. Ten years after their disappearance, torture and murder, the dignity of these women was finally returned to them. Six months earlier, a Colombian prosecutor reported that a mass grave had been exhumed by the Attorney-General's office. The coordinates for the site had been provided by two former paramilitaries. Nieves and Nancy Galarraga dug up over 100 clandestine graves with their own hands and handed the human remains over to the AttorneyGeneral's office. Though relieved that the waiting and searching was over, Nieves Galarraga said their pain still continues. She is angry that after their disappearance, no one did anything, and she asks that justice be done.
© OHCHR/Colombia
On 1 January 2000, in the municipality of La Dorada, Putumayo, in southern Colombia, Nancy Galarraga's four sisters disappeared. A paramilitary commander told Nancy not to worry and that the girls would come home later. But Patricia, 22; Monica and Nelsy, 19-year-old twins; and Maria Nelly, 13, never returned.
Enforced disappearances occur when, with the involvement of State authorities, a person is forcibly removed from public view and his or her whereabouts is intentionally undisclosed. As a consequence, victims are placed outside the protection of the law. In most cases, the only verifiable information provided will relate to the circumstances in which the victim was last seen alive and free. The UN Human Rights Office in Colombia was honoured when it received the request to convene this ceremony. Handing over the mortal remains to the victims' family was a profoundly sad experience. At the same time, it was an opportunity to emphasize that laws must be passed to enable processes of truth, justice and reparations. “It is very sad to receive the remains of these young women, but at the same time it's an honour to receive your family in this office”, the head of OHCHR in Colombia, Christian
Salazar, said during the ceremony. “We express our solidarity and join together in demanding justice for the serious human rights violations committed by paramilitary groups. The right to the truth and the need for reconciliation do not diminish the call for justice.” In consultation with civil society organizations, the Attorney-General recently adopted a protocol for the search for disappeared persons, exhumation and identification of bodies. However, a protocol for the dignified handing over of remains to families is necessary, as these ceremonies are still conducted, for the most part, as judicial proceedings. It is also important to establish mechanisms that will permit “declarations of absence”, rather than obliging families to “declare presumed death” of disappeared persons, in order to have access to State protection and assistance.
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Poverty and economic, social and cultural rights Pursuing economic, social and cultural rights and combating inequalities and poverty, including in the context of the economic, food and climate crises Background Neither economic growth, nor merely providing for people’s basic needs will help them escape poverty. Their empowerment through a human rights-based approach is necessary. Equity, equality and non-discrimination are essential, as are accountability and the free, active and meaningful participation of rights-holders. And because human rights are interdependent and indivisible, conditions must be created for the realization of civil and political rights and economic social and cultural rights, as well as the right to development. In other words, the shared challenge of human rights and development is the achievement of freedom from fear and want. To paraphrase Nelson Mandela, people must not be forced “to choose between bread and ballots�. They must have both. Thus, just as the Office works for the advancement of civil and political rights, it also directs its efforts to the achievement of the enjoyment of economic and social rights, and to the right to development. The right to voice an opinion, to vote, and fair administration of justice are all vital for true development, as are access to food and shelter; water and sanitation; education and information; economic opportunities; and social justice.
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Š UN Photo/Albert Gonzalez Farran
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National laws, policies and institutions EA1 - Increased compliance with international human rights standards by relevant State institutions in domestic laws, policies and programmes relevant to development, poverty reduction and economic, social and cultural rights
© Reuters/Stringer
The Office assists national stakeholders in making necessary changes to legislation, policies, practices and budgets and supports their engagement on these issues with international human rights mechanisms.
Vaccination campaign in Mexico.
OHCHR’s role Through support for human rights mechanisms, public advocacy, training and education, and system-wide mainstreaming efforts, OHCHR works to promote economic and social rights and integrate all human rights in the work of the broader UN system and beyond. In promoting the full implementation of international treaty standards dedicated to economic, social and cultural rights (ESCRs), OHCHR develops training materials and basic tools on how rights-holders can access these rights. It provides technical assistance to governments, national human rights institutions (NHRIs) and civil society on poverty reduction strategies and on protecting ESCRs. By servicing the Committee on Economic, Social and Cultural Rights, OHCHR aids in the review of the implementation of ESCRs in the 160 States Parties to the International Covenant on Economic, Social and Cultural Rights. OHCHR also leads UN-wide efforts to mainstream human rights. This means integrating all human rights into national development and international cooperation efforts, including those aimed at achieving the Millennium Development Goals (MDGs). The human rights-based approach to development is one of the five key programming principles for UN country teams and the Office lends support in carrying this out. The following are results the Office helped bring about in 2010.
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In Mexico, indicators on the right to health were elaborated by the National Statistical Institute and the National Human Rights Commission. All indicators, as well as meta datasheets, have been submitted to a large scale validation process in which over 25 experts from Governmental institutions, civil society organizations, academia and members of the UNCT in Mexico have participated and whose comments have been reflected in the final product. The Guatemalan National Statistics Office, with the support of OHCHR-Guatemala, promoted the incorporation of a gender and a multicultural perspective into their data collection processes in different ministries. In Ecuador, the pilot phase of a project to establish a national human rights indicators’ system was launched. The project focused on the right to integrity and the right to work and involved cooperation between different Government agencies and civil society actors. Also in Ecuador, with the help of the Human Rights Adviser and two specialists funded by the Office, steps began to develop a methodology for mainstreaming human rights into national development planning processes. In November 2009, the Committee against Torture (CAT) issued recommendations for the Republic of Moldova to amend the legal basis for the coercive treatment of persons with tuberculosis. In March 2010, the Ministry of Health, in collaboration with the UN Resident Coordinator, established a Human Rights and Health Working Group to examine policy, law and practice in four key health areas, namely HIV/AIDS, tuberculosis, sexual and reproductive health, and mental health. The Working Group succeeded in altering views about the need for human rights change in the health care system. In Liberia, the final draft of the National Health Promotion Policy Working Group has been validated, with the support of the Human Rights and Protection Section (HRPS); it seeks to ensure that
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health promotion interventions will be guided by a human rights-based approach. Economic, social and cultural rights-based language was included in the Kyrgyz Republic’s Constitution and housing legislation. The Indonesian Ministry of Law prepared a draft law on the right to adequate housing. The Office provides technical assistance to national stakeholders to ensure that national development policies to tackle poverty and inequalities integrate human rights standards, emphasizing the participation and prioritization of those most vulnerable and marginalized. In the former Yugoslav Republic of Macedonia, steps were taken to improve social services with the new National Strategy for Social Inclusion and Poverty Reduction. The Human Rights Adviser provided comments on the strategy, which was aligned with key human rights standards and jointly supported by five UN agencies. The Croatian Government adopted a decision on the option to buy off State-owned flats. This decision, which is in line with recommendations made by the Special Rapporteur on housing during her 2010 mission, recognizes the purchasing option for former tenancy rights-holders and Housing Care Programme residents, including discounts according to the years of displacement. Part of the Office's work with national stakeholders includes providing advice, training and relevant materials to assist NHRIs in assuming greater responsibility for monitoring and protecting ESCRs, and facilitating relevant information and knowledge sharing among NHRIs.
Ratification EA2 - Increased ratification of international and regional human rights instruments related to economic, social and cultural rights, particularly the International Covenant of Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol, and review of reservations related to these instruments. As with all the international human rights treaties, OHCHR advocates for the ratification of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol and the withdrawal of reservations to the ICESCR. The Optional Protocol was ratified by Ecuador, Mongolia and Spain – the first States Parties to the Protocol and signed by Bolivia, Bosnia and Herzegovina, the Democratic Republic of the Congo and Kazakhstan.
Access to justice and basic services EA4 – Increased number of measures taken to improve access to justice and to quality economic and social services by discriminated groups, and particularly women, indigenous and minority groups, and people living in poverty The Office monitors access to social and economic services obtained by marginalized groups and shares findings with relevant national stakeholders and the international community. In Haiti, through the implementation of 12 quick impact projects in eight locations in the west, south-east and centre departments, OHCHR and its partner UNHCR contributed to the local integration of internally displaced persons (IDPs). The projects promoted income generation activities for women, granted
By distributing learning materials and tools tailored to the national context, OHCHR helps to strengthen the capacity of human rights NGOs and the media to monitor, assess and report on the impact of national laws, policies and programmes on ESCRs and on poverty reduction and inequalities. For example, training modules on the basic concepts and monitoring of ESCRs were produced, as well as a chapter on these issues for inclusion in the OHCHR Monitoring Manual, and a training package on human rights-based approach in budget monitoring and advocacy.
© AFP PHOTO/Nikolay Doychinov
In Tanzania, the Office held three successful trainings to strengthen the Investigation Unit of the Commission for Human Rights and Good Governance (CHRAGG). Later in the year, CHRAGG issued a report on the eviction of a pastoralist in Loliondo, North Western Tanzania.
A Roma at a makeshift camp built near a suburb of the Bulgarian capital Sofia.
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lighting and access to water for rural communities hosting IDPs and supported the recovery of documentation for those affected by the earthquake.
carried out. The findings of the mission will include a proposal for a UNCT programme on forced evictions and the right to adequate housing for 2011 onwards.
The Office undertakes capacity-building activities with administrative authorities, NHRIs, NGOs and legal clinics to raise awareness about ESCRs and the options available for obtaining redress in cases of violations, with a special focus on marginalized groups and those most affected by discrimination. In Bolivia, the Office gave specific support for the land recuperation process of the Guaraní communities of Alto Parapeti. The process resulted in 24,000 hectares of land being granted to 19 communities.
In Central Asia, the OHCHR Regional Office supported the submission of civil society reports to the UN Committee on ESCRs and individual communications to the UN Special Rapporteur on adequate housing from the civil society in Kazakhstan and Tajikistan, through consultations and awareness-raising events.
Moreover, OHCHR raises awareness of the importance of providing remedies to victims of violations of ESCRs by disseminating examples of best practice, and building the capacity of local stakeholders to promote access to justice related to the ESCRs of marginalized groups and those affected by discrimination. Through a Legal Aid Task Force, a sub-group of the Protection Cluster in the occupied Palestinian territory, legal aid is now being provided on a systematic basis to victims of specific violations, in particular home demolitions. In Papua New Guinea, the Human Rights Adviser coordinated an OHCHR delegation mission to Port Moresby, Goroka, Madang and Lae to hold consultations with relevant Government officials and civil society organizations on the right to adequate housing. In each city, workshops were held to introduce stakeholders to the international standards on the matter and consultations with victims of forced evictions were
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Participation EA5 - Discriminated groups, and particularly women, indigenous and minority groups, and people living in poverty, increasingly advocate for their economic, social and cultural rights and participate in decision-making processes and the formulation and monitoring of relevant public policies The Office also facilitates the participation of marginalized groups, those affected by discrimination, and civil society in general, in national and local policymaking in the areas of ESCRs, development and poverty reduction. Human rights defenders in Serbia worked for the protection of ESCRs, with some engaged in issues related to workers’ rights, the right to adequate housing, the right to education, and the right to health, amongst other issues. This contrasts with the situation only a few years ago when human rights defenders focused exclusively on civil and political rights. Awareness by local actors on the need to strengthen access to justice on ESCRs was increased, particularly
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in Africa and Latin America, through the delivery of targeted training on the justiciability and domestic application of ESCRs.
development professionals, including within the United Nations, in the context of development cooperation efforts to support the achievement of MDGs.
Responsiveness of the international community
OHCHR contributed to the preparatory process of the High-Level Plenary Meeting on the MDGs in New York, which supported Member States in achieving the inclusive catalogue of human rights commitments in the MDGs Summit Outcome document. The commitments covered a wide range of issues affecting duty-bearers at all levels, including in relation to maternal mortality and morbidity, the rights to food and health, the right to development and the important action agenda on trade, aid and debt relief.
EA10 – International community is increasingly responsive to the human rights dimensions of poverty and the realization of economic, social and cultural rights When policy is looked at from a rights-perspective, priorities change. OHCHR advocates for the human rights dimension of current crises to be integrated in policy responses. On the external policy side, for the first time, an EU decision establishing a human rights dialogue with a third country included an explicit reference to the exchanges with the United Nations being part of the dialogue. OHCHR collaborated with the World Bank and the United Nations Office on Drugs and Crime on illicit enrichment, corruption and human rights related initiatives. The High Commissioner participated in joint public events and high-level debates with the Director-General of the WTO and addressed the trade diplomatic community in Geneva to raise awareness on the relationship between trade and human rights. Furthermore, OHCHR is actively advocating for inclusion of human rights dimensions in processes related to climate change and disaster risk reduction. The Independent Expert on the new mandate on cultural rights presented a first report and conducted a first country mission to Brazil in November 2010. Her initial activities have already contributed to increased consideration of rights that had previously received little attention from the international system.
Human rights mainstreaming within the United Nations EA11 - Increased integration of human rights standards and principles, in particular those relevant to economic, social and cultural rights, into policies and programmes of the UN system and other intergovernmental bodies in development, humanitarian action and in response to global crises Poverty is not only a humanitarian challenge; it is also a major human rights challenge. A human rights-based approach helps ensure that the root causes of vulnerabilities are addressed. OHCHR helps to ensure that human rights principles are fully reflected in the design of training tools and materials used by
In the lead-up to the Summit, OHCHR contributed substantively to intergovernmental discussions, research and policy work on the MDGs, through convening an expert seminar in March 2010, extending strengthened support to special procedures mandate-holders on MDGs issues within their mandates, and increased engagement with and contributions to the UNDG MDG Task Force’s preparatory work and thematic reports on the MDGs. Supporting States in the implementation of their Summit commitments, and strengthening partnerships between human rights and development actors, will be important priorities in the future. An OHCHR study on maternal mortality was especially illustrative of the linkages between the MDGs and human rights and was well-received by Summit participants. Both the Independent Expert on water and sanitation and the Independent Expert on extreme poverty submitted reports to the General Assembly that focused on the MDGs, which in turn helped to shape the materials produced by OHCHR for the intergovernmental discussions. Following the Independent Expert on water and sanitation’s report, key UN agencies involved in monitoring the MDGs related to water and sanitation indicated their intention to use the human rights framework as they embark on the process of developing indicators for the post-2015 MDG period. In relation to the global food crisis, OHCHR actively participated in the Secretary-General’s High-Level Task Force on the Global Food Security Crisis and contributed to the updating of the Comprehensive Framework for Action for United Nations agencies and Bretton Woods Institutes by integrating the right to food and a human rights-based approach to address world food and nutrition security into the Framework. The Special Rapporteur on the right to food worked closely with the Food and Agriculture
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Organization (FAO) on the reform of the Committee on World Food Security and continued to engage very actively in World Trade Organization (WTO) discussions. Since 2009, the Office has focused on supporting Member States and national stakeholders to integrate human rights into their national development policies and programmes. Concrete progress was achieved in 2010 towards finalizing practical training and analytical tools and methodologies, and a training package on human rights and budget monitoring. This has led to increased interest in, and demands for, assistance from governments and civil society, including for the continuation of follow-up work in Liberia and a specific request for support from Ecuador. The training of 28 members of OHCHR field and headquarters staff included a strategic discussion in which a number of follow-up proposals were formulated for further country-level support. Human rights and development have often been pursued on parallel tracks, in a disjointed and sometimes contradictory fashion, unlike the holistic vision of the 1986 Declaration on the Right to
Development and the Millennium Declaration. At the same time, since the establishment of the Universal Periodic Review (UPR) there has been greater demand from UNCTs and their national partners for support for national capacity-building, while the demand for training on the ICESCR remains high. Consequently, and consistent with Member States’ commitments in the 2005 World Summit Outcome and 2010 MDGs Summit Outcome, OHCHR has been leading inter-agency efforts under the UNDG to integrate human rights further into United Nations operational activities for development and strengthen policy coherence, coordination and capacity in the UN system to respond better to national priorities. This will help to promote the integration of the recommendations of the human rights mechanisms into the work of relevant UN agencies and pave the way for an effective second round of the UPR, supporting Member States to implement recommendations they agreed upon in the first round. Such an holistic approach to the United Nations’ mission would help to bring together the three pillars of the UN’s work, in line with relevant intergovernmental agreements, and uphold the indivisibility of human rights, including the right to development.
Access to health care is a human rights issue – everywhere Ioana Marginean was born in January 2010 in Bucharest. Her mother died in childbirth from the so-called “swine flu”, and Ioana herself was diagnosed with spina bifida. Such a diagnosis should not lead to families abandoning all hope. In fact, the prognosis for these infants is quite encouraging, provided they receive adequate treatment. But if they are denied adequate health care, their heads accumulate fluid (hydrocephalus) and grow so large that they cannot lift them. The children suffer irreversible brain damage, become blind, and finally die a slow and gruesome death in a “care” institution. This would inevitably have happened to Ioana if she had been born in Romania a few years earlier. And that is what still happens in some other East European countries. Since 2004, a small civil society organization called the Romanian
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Association for Spina Bifida and Hydrocephalus (ARSBH) has started searching for these children and has been raising awareness and funding for “shunts”, which need to be placed in the child’s body to prevent the development of hydrocephalus. If neurosurgeons have such devices at their disposal, they can operate on children like Ioana; without them they cannot. On paper, shunts are provided free of charge by the public health care system, but in reality they are unavailable and do come with a price tag - one which most families cannot afford. Even in 2010, little Ioana could have faced the same grim fate. She did not receive proper treatment in the first three months of her life, but her grandmother refused to give in and place the baby in an institution. Instead, she found out about ARSBH and contacted the NGO. In March, Ioana successfully underwent surgery.
ARSBH activists have identified the problem early on as a human rights issue. OHCHR’s Regional Office for Europe (ROE) shares this perspective and, working closely with civil society partners, used every opportunity in 2010 to raise the awareness of the Romanian authorities. “Thanks to ROE’s support, we hope that the Government will become more engaged. It should help us fight against stigma and discrimination, raise awareness, and provide rehabilitation,” says ARSBH founder Adriana Tontsch. “People with conditions such as spina bifida must have full access to their rights under the Convention for Rights of Persons with Disabilities, including the right to non-segregated education and independent living. Ensuring their survival is just the beginning”.
POVERTY AND ECONOMIC, SOCIAL AND CULTURAL RIGHTS
The work of the Independent Expert on extreme poverty on a human rights-based approach to social protection is being used as a reference by various UN partners involved in the promotion of the “Social Protection Floor” agenda – a key inter-agency initiative in response to the global economic crisis. Online human rights training was made compulsory for all UN staff in the Central America region. A toolkit including human rights standards for the use by UNCTs in their support for NHRIs was developed jointly by OHCHR and UNDP.
© AFP PHOTO/Khaled Desouki
OHCHR was able to bring together the UNCT in Cambodia to promote better standards of resettlement for 42 families whose members were living with HIV, and who were evicted from their homes and relocated to a resettlement site in 2009. In Papua New Guinea, the UNCT integrated human rights concerns into its MDG campaign and issued a joint report for the UPR to take place in the country.
Challenges and lessons learned In the past 15 years, global interest in promoting and protecting economic, social and cultural rights has grown significantly. Years of relative neglect of these rights on the human rights agenda has, unfortunately, fostered a host of misunderstandings and misconceptions about them. Dispelling the myths that surround ESCRs is crucial to dismantling unworkable categorizations of rights and to move toward a human rights agenda that treats civil, cultural, economic, political and social rights, together with the right to development, as truly universal, equal, indivisible, interdependent and interrelated. Today, from publications to seminars, from support to human rights mechanisms to the management of projects, OHCHR’s work on economic, social and cultural rights has been brought up to par with its work on civil and political rights. Bringing a better recognition of that essential symmetry to the policies and programmes of our partners is a critical challenge for the coming years. This is especially urgent for implementation on the ground. In spite of the clear legal framework at the international level, persons suffering from poverty, from a lack of basic health care and education, or those who are discriminated against because of the group with which they identify, continue to be among the most disempowered in their societies. Continuous efforts are needed to ensure that legal remedies are available to victims of violations of ESCRs and that
capacity is built to enable meaningful participation in development processes and social justice for all. The entry into force of the Optional Protocol to the ICESCR will mark an important milestone in this regard. So too is the establishment of the multi-agency UNDG human rights mainstreaming mechanism co-chaired by OHCHR and UNDP, a mechanism that complements the Office’s engagement with the international financial institutions, the OECD Development Assistance Committee, and the World Trade Organization, as well as with bilateral development actors. In each, the Office is working to bring deeper integration of human rights-based approaches to development, including the right to development, as well as more human rights-sensitive understandings of, and responses to, poverty. There are many actors in the development field. OHCHR’s comparative advantage and role is based precisely on its strategic position at the heart of the UN human rights system, its norm-centered functions, its General Assembly-mandated role for leadership on these issues, its resident expertise on human rights in development, its increasing operational capacity in the field, and its institutional relationships with key development actors inside and out of the UN system. Efficiently leveraging these comparative advantages and playing a catalytic role will be important factors for success.
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Migration Protecting human rights in the context of migration Background Every year, millions of people around the world leave their country, family, and friends in search of a safer or more prosperous life. It is estimated that some 214 million people currently live outside their country of origin. All countries are affected by migration, whether as a country of origin, transit, destination or as a combination of these. Migrants enrich societies in various ways, including through introducing new practices, ideas and technology. They help to foster understanding and respect among peoples, contribute to demographic balance, and to development itself. At the same time, migration is a significant challenge to all societies. Countries of origin lose important work force capacity; transit and destination countries can be challenged by sudden influxes of large numbers of people. Across the globe, migration has become a highly-sensitive issue of great cultural, religious, social and economic complexity. For many, migration is a positive and empowering experience. But many others endure human rights violations, discrimination and exploitation. Far too many migrants perish in their search for a new and better life. Too few States guarantee foreign migrant workers equal work conditions as nationals. In the most extreme cases, persons are trafficked through deception or coercion to other countries where they are forced to work as slaves or prostitutes.
OHCHR’s role The Office of the High Commissioner strongly advocates for the inclusion of a human rights perspective in debates on migration policy. It supports the human rights mechanisms in their work on migration issues, particularly the Committee on Migrant Workers and the Special Rapporteur on the human rights of migrants. It also works directly with countries to encourage ratification of the International Convention on the Rights of All Migrant Workers and Members of their Families (ICRMW) and assist the establishment of national laws and policies that comply with it. Migration is a multifaceted issue which we believe deserves constructive and long-term solutions. The following are some of the results we achieved in relation to our work on migration in 2010. 44
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National laws, policies and institutions EA1- Increased compliance of migration policies and legislation with international human rights standards OHCHR assists governments, legislatures and national human rights institutions in reforming legislation to ensure compliance with international human rights standards. It provides technical advice, shares experiences from other countries and supports the participation of rights-holders in the process. In 2010, for example, the Office contributed to ensuring that a law on trafficking in Venezuela, a law on refugees in Mexico and draft legislation to protect migrant domestic workers in Lebanon complied with international standards. Over the past few decades, the demand for domestic workers, or persons employed in private homes, has increasingly been filled by migrants. The rights of these migrant domestic workers are often and easily violated and their access to redress is severely limited. Domestic servitude manifests itself in various ways, ranging from slavery as understood by the 1926 Slavery Convention to slavery-like practices, such as bonded domestic labour and child domestic labour. In a report to the Human Rights Council, the Special Rapporteur on contemporary forms of slavery demonstrated how domestic servitude has become a
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Would-be immigrants arriving at Catania harbour on Sicily.
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global human rights concern. Also recognizing the rampant exploitation of affected individuals, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) has pointed out that there are very few explicit references to domestic work in existing national and international laws. This can lead to exploitative practices with limited avenues for legal redress in cases of violations. The CMW adopted a General Comment which describes in great detail the plight of many migrant domestic workers and recommends a range of social and legal actions to improve their personal and working lives.
report on foreign workers and labour conditions in cooperation with UNDP, led to the State Minister for Foreign Affairs considering the possibility of ratifying the new International Labour Organization (ILO) draft convention on domestic workers.
According to the Committee’s recommendations, States should agree on standard employment contracts; there should be regular reporting on domestic worker flows; recruiters should be regulated; conditions for domestic workers should be subject to national regulation; social security and health services should be made available; migrant domestic workers must have the right to organize collective bargaining; and States should ensure that workers have access to justice and remedies in case of violations.
Also in the Middle East region, the profile of stateless persons and their rights were raised significantly through the dissemination of the results of a mapping project that showed how access to legal protection can be affected by nationality. OHCHR and UNHCR agreed on a strategy document that will further guide their work on the human rights of stateless persons in the region.
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The General Comment has already become an essential instrument for OHCHR offices in the field. The rights of migrant workers, including domestic migrant workers, stateless persons and non-citizens are among the main priorities of the OHCHR Regional Office for the Middle East for the current biennium, with steps being taken to address the problem in Lebanon, Jordan, Oman and Bahrain in 2010. The Office supported the drafting of the domestic workers’ Law in Lebanon. In Bahrain, the launch of a national
The High Commissioner speaks at the fourth Global Forum on Migration and Development in Mexico, November 2010.
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Domestic workers remain amongst those who are most at risk of abuse within private homes. The High Commissioner raised this concern during her visits to the six Member States of the Gulf Cooperation Council (GCC) in April and to Jordan in December. Her visits inspired several Human Rights Day activities in different countries of the region.
At the national level, OHCHR works to ensure that international standards are integrated into domestic and regional policies. This is one of the priorities of the Regional Office for Europe in Brussels, which together with other UN partners has provided legal advice to the European Commission on a number of migration-related policy and legislation processes and their compliance with existing international standards. The Office contributed to ensuring that the EC Action Plan on Unaccompanied Minors (2010-2014) would be based on the provisions of the Convention on the Rights of the Child and its General Comment No. 6 on the treatment of unaccompanied and separated children outside their country of origin. In 2010, the EU started a process towards the adoption of a directive on preventing and combating trafficking and protecting victims. Six UN agencies (UNODC, OHCHR, UNHCR, UNICEF, ILO, UNIFEM/UN Women) have been working together with relevant EU institutions to ensure compliance with international human rights standards. The agencies issued a joint public letter to draw EU Member States’ and institutions’ attention to the importance of guaranteeing access to legal aid; the application of a gender perspective; ensuring non-prosecution of victims and the inclusion of victims of torture as being particularly vulnerable persons who make up groups that require particular attention. The draft directive incorporated these important elements and will be formally adopted in 2011. OHCHR urges States to use the Recommended Principles and Guidelines on Human Rights and Human Trafficking, developed by the Office in 2002, in their efforts to prevent trafficking and protect victims.
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Ratification © JAFP PHOTO/BELGA PHOTO/Nicolas Maeterlinck
EA2 - Increased ratification of the International Convention on the Rights of All Migrant Workers and Members of their Families In 2010, the 20th anniversary of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) was commemorated. The Committee on Migrants Workers marked the occasion with a series of discussions examining the impact of the Convention; its more effective implementation and wider ratification; migration and development; and migration and gender. Immigrants in a railway station in Brussels.
The ratification of the ICRMW is one of OHCHR’s main priorities. However, little progress was achieved in 2010. During its first 20 years, only 44 States have become a party to the Convention – in contrast with the CRPD, which recorded 99 States Parties in the first two years after being opened for signature, ratification and accession. In 2010, the CMW was ratified by Guyana, acceded to by St. Vincent and the Grenadines, and tabled by the Brazilian legislature for consideration and ratification. The low level of ratification reflects persistent fears or misunderstandings among States, particularly destination States, about losing control of migration. This has been exacerbated by an alarming and visible rise in xenophobic rhetoric in national political discourse in some countries. The 20th anniversary provided an opportunity to celebrate the successful adjustment of countless migrants to their new environments, and the ways they have enriched their new societies with the diversity they bring. In Russia, for example, the anniversary coincided with an increased engagement by human rights defenders on migration issues. It was also an occasion to renew efforts to address the legal, social and practical challenges that migrants face effectively.
Civil society engagement with human rights mechanisms EA7 - Increased engagement of rights-holders, national human rights institutions and civil society actors with UN and regional human rights mechanisms and bodies to promote migrants’ rights OHCHR is keen to see greater involvement of civil society on migration issues at the international level. It organized a number of workshops on how to use international human rights mechanisms to promote migrants’ rights. Civil society organizations also continued to provide important input into the
consideration of States Parties’ reports by the human rights treaty bodies through the submission of reports highlighting the situation of migrants in countries under consideration.
Responsiveness of the international community EA10 - International community increasingly responsive to migrants’ rights In addition to the involvement of civil society, it is important that the concept of human rights of migrants be disseminated at all levels. The Office works to raise awareness among senior government representatives and international officials, including through statements by the High Commissioner at the Human Rights Council and General Assembly, interaction with the Secretary-General and senior UN officials, and within various high-level UN coordination bodies. As a result of such advocacy, the Recommended Principles and Guidelines on Human Rights and Human Trafficking, developed by OHCHR, were referred to as a useful tool in Human Rights Council resolution 14/2, which encouraged Governments to use the guidelines and requested the Office to promote them regionally, thus providing OHCHR with an explicit mandate to further its work in this area. As another significant result of OHCHR’s efforts, primarily through its role as chair of the GMG (see below), two General Assembly resolutions on migration made reference to human rights. Furthermore, continuous efforts to reach out to the general public were made, including through the three opinion editorials on migrant issues that were published by the High Commissioner in the international media.
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Victims of trafficking address the Human Rights Council During the 14th session of the HRC in June 2010, delegates heard from victims of human trafficking who participated in a special panel segment. Thirty year-old Jana Kohut from Bosnia recounted how she was trafficked and sexually exploited for four months in neighbouring Slovenia. She described how she was repeatedly threatened by her aggressors to ensure her obedience, and constantly reminded of how easy it would be for them to get to her sister and subject her to the same treatment. Kikka Cerpa, from Venezuela, told the harrowing story of how she was forced into prostitution in New York 18 years ago, by her former boyfriend. While arrested over and over for prostitution, the police or prosecutors never asked her if she had been trafficked and never offered her any help or protection. Deputy High Commissioner for Human Rights Kyung-wha Kang, when opening the panel, described human trafficking as a “contemporary form of slavery”. “Despite the committed endeavours of many, persistent and growing economic disparities, conflict and discrimination, push those who are least able to protect themselves into dangerous situations from which they cannot escape”, Kang said.
People who are trafficked must be treated as victims and not as criminals. They need protection and assistance as well as access to justice. The “market” of trafficking is shameful. The global community must work together to address both the criminal act of “trading” in humans, and also the demand side of the practice. Charlotte Awino from Uganda told the Council of how, at the age of 14, she was abducted from a boarding school and held captive for eight years by the Lord's Resistance Army (LRA). Kumar Ramjali, a father of two, left his home village in Nepal for Jordan after promises of a well-paid job abroad. He described how he nearly died together with 12 others while they were being transported in a convoy of vans. Two of the vans had been stopped en route and the 12 Nepalese men they were carrying were kidnapped and murdered, their executions broadcast on the internet. The panel discussion was an exceptional opportunity to give voice to the victims of trafficking. The recommendations of the panelists will hopefully serve as guidance during the planning of strategies and actions to combat trafficking, such
Human rights mainstreaming within the United Nations EA11 - Increased integration of human rights standards and principles related to migration into the work of international and regional processes on migration There has been increased recognition of migration as a complex and multi-dimensional issue that requires a coherent and coordinated approach from the international community. OHCHR works with other UN agencies to ensure a human rights perspective is integrated into debates on migration policy. One of the most significant ways it does so is through the Global Migration Group (GMG), which was established in 2006 and comprises 14 agencies working on
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as the Palermo Protocol to prevent and suppress human trafficking. In a report to the Council, the Special Rapporteur on trafficking in persons said the “protection and proper identification of victims is the first and fundamental step”. She reiterated the notion that “people who are trafficked must be treated as victims and not as criminals” and said victims of trafficking need protection and assistance as well as access to justice. OHCHR urges States to utilize the Recommended Principles and Guidelines on Human Rights and Human Trafficking, developed by the Office in 2002, in their efforts to prevent trafficking and protect victims. The stories of these victims are replicated by the thousands. Jana ended her statement with two simple questions: How many more 13-year-old girls need to be forced into prostitution? How many more will become part of the statistics and what number is high enough in this age of the cruelest type of slavery?
migration issues (including UN agencies, the World Bank and the International Organization for Migration). The UN High Commissioner for Human Rights chaired the GMG from July to December 2010. Through OHCHR’s leadership, and with the agreement of the Group, the Office sought to promote and mainstream a human rights approach to migration within the United Nations system, highlighting key migration and human rights themes at the international level. This led to increased awareness of migrants’ rights among senior government representatives and the public at large. A case in point is the landmark joint statement, adopted by the GMG Principals, which calls on the international community to stop discrimination and
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abuses against migrants in an irregular situation and to deploy protection efforts for international migrants from a human rights perspective. A full-day GMG experts meeting on the same subject organized by OHCHR in October also generated policy recommendations that were widely disseminated. The Office further highlighted key migration and human rights themes at the regional and international levels, notably at the World Health Organization, the International Organization for Migration and the Government of Spain’s Global Consultation on Migrants’ Health in Madrid in March 2010, as well as the fourth Global Forum on Migration and Development in Mexico in November 2010. OHCHR has been working to ensure that migrants enjoy human rights without discrimination based on race, sex, language, religion, national or social origin, or other status. A human rights-based approach to migration places the migrant at the centre of migration policies and management, and pays particular attention to the situation of marginalized and disadvantaged groups of migrants such as children and women; the Office has initiated a project to develop a set of training modules in this regard. This approach will also ensure that migrants are included in relevant national plans and strategies, such as plans on the provision of public housing or national strategies to combat racism and xenophobia.
Challenges and lessons learned Migration continues to grow because it is an essential driving force for the present and future development of many countries. But so do xenophobia, and repressive policy measures. In this context, there is a pressing need for better understanding and coordination at the national, regional and international levels, in order to address the myriad and complex issues raised by migration, and to ensure that these issues are met with effective and human rights-based solutions. Although States have a legitimate interest in securing their borders and exercising appropriate immigration controls, such concerns do not diminish their obligations to respect the internationally guaranteed rights of all persons, protect those rights against abuses, and fulfill the rights necessary for them to enjoy a life of dignity and security. Ultimately, it is in everyone’s interests that migrants are able to prosper and live in harmony with their new community. The Office will continue to advocate for the rights of migrants, with a particular focus on those most at risk including migrants in an irregular situation. Furthermore, OHCHR will support national and international partners in the development of better legal and policy frameworks in this field, and promote further ratification and implementation of relevant international instruments, including the CMW.
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Honduran immigrants ride on the top of a freight train on their way to the border between Mexico and the United States.
Armed conflict and insecurity Protecting human rights in situations of armed conflict, violence and insecurity Background Arguably, most serious human rights violations occur during periods of armed conflict, which is seen by some as providing a carte blanche to participants to use any means necessary to win, regardless of international humanitarian and human rights laws. It must be recalled that international human rights law, whether established by treaty or custom, applies at all times, including during armed conflict and in other situations of violence and insecurity. Apart from armed conflict, high rates of violent crime in many countries and regions in the world expose populations to a wide range of human rights violations, including killings, torture, sexual and gender-based violence (SGBV), arbitrary deprivation of liberty and lack of due process. In some countries, the levels of criminal violence equal or exceed those of internal conflicts. Such situations pose particular challenges for governance and the rule of law, as governments often lack the capacity or resources to combat crime and widespread insecurity, and frequently resort to measures which may in themselves result in violation of fundamental rights. Natural disasters place people in situations of extreme vulnerability and impede their enjoyment of certain rights. Such events may exacerbate pre-existing human rights violations such as discrimination and exclusion and can also generate insecurity, including generalized violence which often results in human rights violations, particularly sexual abuse and exploitation.
OHCHR’s role The Office’s efforts to strengthen the integration of human rights into the United Nations peace and security agenda, as well as into the humanitarian agenda, are particularly critical in contexts of armed conflict and insecurity. This work is undertaken through human rights field presences and the 50
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One of the 1,300 estimated IDP camps set up in Haiti after the earthquake that hit the country in January 2010.
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development and implementation of policies and operational guidance for peacekeeping and special political missions. OHCHR closely cooperates with other components of peace missions, and maintains and fosters partnerships with United Nations agencies, funds and programmes to ensure the adoption of a human rights-based approach to United Nations engagement in conflict and post conflict contexts. The Office has strengthened its capacity to respond promptly to emergency situations, particularly through its Rapid Response Section, its internal Rapid Deployment Roster of staff trained in fact-finding and investigations, and its Contingency Fund. This is a critical area of work that needs further strengthening and which requires financial resources. The following are some of the contributions of OHCHR in 2010 to address human rights concerns in contexts of armed conflict, violence and insecurity.
National laws, policies and institutions EA1 - Increased compliance with international human rights standards by all State entities, including national human rights institutions and the Judiciary, as well as with domestic laws, policies and programmes In situations of conflict, violence or insecurity, or in the aftermath of natural disasters, OHCHR has been emphasizing the centrality of human rights. Progress has been made in this area and there is now widespread acknowledgement that the protection of human rights is life-saving - especially in conflict situations. Many political actors have also come to recognize that human rights form the foundations upon which justice and lasting peace should be built. In countries where criminal violence is prevalent, governments often resort to quick impact ‘hard line’ policies and strategies which are at odds with international human rights standards and can result in further human rights violations: increase in penalties; over-use of pre-trial detention; lowering of the age of criminal responsibility; use of the military in law enforcement functions; unregulated use of private security personnel; and moves to reintroduce the death penalty. Such measures have not proven effective in reducing the level of crime and violence. In a number of countries affected by armed conflict, violence and insecurity, OHCHR monitors the situation and engages with the government and
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other relevant counterparts to address related concerns, including through advocacy, advice on legislative, institutional and policy reforms, as well as targeted capacity-building. In Afghanistan, sustained public reporting and advocacy by OHCHR/UNAMA on the protection of civilians in armed conflict saw an encouraging decline in the proportion of civilian deaths caused by pro-Government forces (16 per cent, down 26 per cent from 2009), although the overall number of civilian deaths continued to grow (2,777 in 2010, representing an increase of 15 per cent from 2009). In Mexico, OHCHR has advocated against the use of the military in public order functions and highlighted the resulting human rights violations. The Office is continuing dialogue to ensure that all military personnel accused of any human rights violations will be tried by civilian courts, in line with human rights standards. In Central America, the Office has advocated against bills and laws that increase penalties for urban youths for associating with gangs. In Guatemala, a press release by the Office criticizing proposals for legislation because of their incompatibility with international human rights standards contributed to the shelving of the proposal and a presidential veto on legislation providing for the application of the death penalty. A joint mechanism between OHCHR-Colombia and that country’s Ministry of Defence, which will monitor the implementation of seven out of the 15 measures adopted in 2008 by the Ministry to ensure zero-tolerance for human rights violations, was established. These measures are directed, among other things, to ending extrajudicial executions and improving the military’s compliance with human rights. On 4 April 2010, following sustained advocacy by the UN Joint Human Rights Office (UNJHRO), the Senate of the Democratic Republic of the Congo (DRC) adopted a draft Law on the Criminalization of Torture, making torture an offence and providing for severe penalties. The Law remains to be approved. UNJHRO’s efforts also contributed to the signing, on 23 June 2010, of two directives by the Military Attorney-General. These are addressed to the Military Prosecutors offices and contain measures designed to help combat torture and death in detention. While ratification of international human rights and humanitarian law instruments occur quickly, the incorporation of the obligations of these instruments into domestic law may take longer and implementation longer still. OHCHR provides
Š IRIN/Siegfried Modola
training on international human rights obligations to government institutions, especially law-enforcement bodies, and on international human rights instruments and international humanitarian law to a broad range of national stakeholders. In Sierra Leone, the Office developed a curriculum on human rights and gender issues for the training of 7,200 members of the various security forces. In Papua New Guinea, which has one of the highest crime rates in the world and police response frequently involves torture and extrajudicial executions, the Office organized a regional conference on custodial violence with the participation of the Special Rapporteur on torture. An invitation to visit the country was then issued to the Rapporteur whose recommendations have been followed up by police authorities, with the support of the Office. In Haiti, the Human Rights Section of MINUSTAH advocated for and thereafter coordinated a joint security assessment carried out by UN police and military, other UN agencies, NGOs and the Haitian National Police. This resulted in joint policing according to a specifically developed strategic plan, and the deployment of a police presence in some camps to provide a measure of protection for the displaced population. Training was also provided to UN and Haitian security forces on human rights and sexual and gender-based violence. With the assistance of the Human Rights Section (HRS) of BINUCA, the Government of the Central African Republic (CAR) created a committee on the
promotion and protection of the rights of internally displaced persons (IDPs), and signed the African Union Convention on the Protection and Assistance of IDPs in Africa. OHCHR is engaged actively in United Nations efforts to protect women and children from sexual violence in conflict. In addition to monitoring, investigation and reporting in the field on sexual violence and helping to ensure accountability for violations committed, OHCHR has actively participated in the implementation of United Nations Security Council resolution (UNSCR) 1888, which urges Member States to take effective steps to halt the use of sexual violence as a tactic of war. The Office is working with partners within the United Nations system to devise options for the deployment of women protection advisers in peace missions, such as their inclusion within human rights components. Efforts are also underway to support the implementation of UN Security Council resolutions 1325 and 1820. Thus, with the support of the Office, Sierra Leone launched a National Action Plan on UNSCRs 1325 and 1820 in March 2010. In September 2010 the Economic Community of West African States (ECOWAS) adopted a Plan of Action on the implementation of UNSCRs 1325 and 1820. In Afghanistan, the Law on Elimination of Violence against Women was adopted and OHCHR-UNAMA undertook monitoring, advocacy and capacity-building activities in relation to its
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Victims of sexual violence in the DRC
The Panel, which was chaired by Deputy High Commissioner Kyung-wha Kang, Elisabeth Rehn, former Defence Minister of Finland, and Dr. Denis Mukwege, Medical Director of Panzi Hospital in Bukavu, Eastern Congo, spent three weeks in remote areas of the DRC to find out from victims what they need and expect in terms of reparations. “The lives they knew have been largely destroyed, and they are suffering greatly – physically, psychologically and materially”, said Ms. Kang after the mission. “Their husbands desert them, they are socially ostracized, and often this rejection is compounded for victims who suffer from fistula, victims who become pregnant and bear children as a result of rape, or victims who contract sexually transmitted diseases, including HIV/AIDS”. Despite their ordeals at the hands of the perpetrators of the crimes, most of the women who spoke to the panel expressed their determination to rebuild their lives and support their children. But to do so, they said, adequate assistance is needed. The women listed health care and education for their children and themselves among the highest priorities. At the same time peace and security is a major concern for victims, especially in the east of the country, and in the Kivus where armed conflict continues. “The women made it clear to us that the destruction must stop before any
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© OHCHR/UNJHRO
A Panel convened in the Democratic Republic of the Congo (DRC) by the UN High Commissioner for Human Rights heard first-hand from the survivors of sexual violence of the effects that the crimes had on their lives.
The Deputy High Commissioner with members of the High-Level Panel and victims of sexual violence in the Democratic Republic of the Congo, October 2010.
rebuilding can begin”, said Kang. “And the Panel is adding its own voice to this desperate plea for peace and security”. The fight against impunity and access to justice was also a key issue raised by the victims and other relevant actors, with most of the victims saying they were not in a position to seek justice through the legal system because they could not identify or locate the perpetrators of the crimes committed against them. The Panel also heard of the adverse effects of stigmatization caused by families and communities. The team met a woman who had been infected with HIV as a result of rape and unknowingly infected her husband. “When he died, his family threw her and her children out of her own home”, Ms. Kang said. “For this woman, a house where she and her children can live in peace is what she most needs to rebuild her life”. Public recognition of the harm suffered by victims and support for the survivors, especially from
“leaders at every level whose voices have influence”, would help to change the culture that currently shames victims rather than the perpetrators of sexual violence, the Panel observed. The Panel worked in consultation with the Ministry of Justice and Human Rights, and the Ministry of Gender, Family and Children, and prepared a recommendation report that was presented to the Congolese Government by the High Commissioner for Human Rights. The recommendations are aimed at complementing efforts to promote justice by providing assistance and support to victims, and to advance a national strategy on sexual violence with regard to reparations. The United Nations General Assembly has defined reparations as consisting of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The goal is to restore the victim, although there is of course no way to entirely repair the harm caused by the atrocities that have been committed.
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implementation. In particular, support was provided to the Ministry of Women’s Affairs and provincial departments of women’s affairs for the establishment of commissions on the elimination of violence against women in the provinces, which are tasked with monitoring the implementation of the Law and coordinating the efforts of provincial authorities and NGOs to address violence against women. In addition, a country-wide research initiative led by OHCHR-UNAMA on harmful traditional practices perpetrated against women and girls resulted in a public report that was released in December. This report will feed into the country-wide advocacy strategy on the full and speedy implementation of the Law on Elimination of Violence against Women. The HRS of BINUCA provided advice which encouraged CAR’s signature of the N’Djamena Declaration to end the recruitment and use of children within its armed forces in June. The Government signed the optional protocols to the Convention on the Rights of the Child; on the Involvement of Children in Armed Conflict (OPAC) and on the Sale of Children, Child Prostitution and Child Pornography (OPSC). In Nepal, OHCHR partnered with UNICEF to monitor the implementation of commitments made to the SRSG on children and armed conflict for the demobilization and reintegration of minors from Maoist forces. The West Darfur State Committee on Violence against Women and Children completed a work plan for 2011 based on data collection and analysis of SGBV trends. As a result of training and sensitization sessions conducted by the Human Rights Section of UNAMID, cases of child recruitment were increasingly reported by parents and members of the community.
Justice and accountability mechanisms EA3 - Justice and accountability mechanisms established and functioning in accordance with international human rights standards to monitor, investigate and redress violations of civil and political, economic, social and cultural rights OHCHR continues to advocate for accountability for violations committed in situations of armed conflict and insecurity. It supports investigations and criminal justice interventions, both national and international, which respond to patterns of gross violations and abuses of human rights or international humanitarian law. It also provides advice on the establishment of comprehensive transitional justice mechanisms.
On 1 October 2010, the High Commissioner issued the report of the mapping exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of the Congo between March 1993 and June 2003. After the release of the report, the Minister of Justice and Human Rights indicated in a press release that the Government of the DRC is in favour of the establishment of specialized chambers within the Congolese jurisdictions to adjudicate internationally recognized crimes. In the Great Lakes region, OHCHR supported the International Conference on the Great Lakes Region (ICGLR) in setting up its Regional Committee on the Prevention of Genocide, which was approved by the Heads of States Summit in Lusaka on 15 December 2010. The Summit also adopted the Regional Initiative on the Fight against the Illegal Exploitation of Natural Resources, which includes the certification of natural resources to ensure that they do not come from conflict areas. The Office seeks to facilitate access to legal aid and information services for victims and witnesses. This is the case in the DRC, where OHCHR supported the national strategy against SGBV. With donor support throughout 2010 our program has expanded to support victims of sexual violence through the country. From 30 September to 10 October 2010, the Deputy High Commissioner headed a High-Level Panel in the DRC, to hear directly from victims of sexual violence in order to consider and discuss the adequacy of remedies and reparations available to them. The Panel was tasked to assess the functioning of existing judicial mechanisms for remedies and reparations for victims of sexual violence, to make recommendations on how to strengthen these mechanisms, and to explore whether additional mechanisms were needed. The report of the HighLevel Panel was presented at the margins of the 16th session of the Human Rights Council, on 3 March 2011, in the presence of the Minister of Justice and Human Rights of the Democratic Republic of the Congo. The Panel’s recommendations are intended to complement ongoing efforts to promote justice by providing assistance and support to victims, and to help advance programmatic activities relating to the implementation of the national strategy on sexual violence with regard to reparations (see Box “Victims of Sexual violence in the DRC” for more info). Subsequently, the Joint Human Rights Office of MONUSCO was strengthened with specific expertise on reparations in order to promote, in cooperation with UN Women and other relevant partners in the field, follow-up to the recommendations of the report.
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In Haiti, the Human Rights Section of MINUSTAH created a legal aid project which aimed to increase access to justice for victims and witnesses through technical and financial assistance to local NGOs, to enable them to provide free legal advice to victims of sexual violence, as well as support to prosecutors and judicial investigators to help them bring cases against perpetrators, especially security forces, of sexual violence. As part of this project victims and alleged perpetrators were given access to free legal aid provided by selected lawyers paid by the Human Rights Section.
Participation EA5 - Rights-holders, especially women and others who have suffered discrimination, increasingly use existing national protection systems and participate in decision-making processes and in the development and monitoring of public policies To obtain a peace agreement in respect of any armed conflict is a major feat. But to be sustainable, such an agreement must incorporate provisions protecting the human rights of populations. The human rights component of UNAMID was able to facilitate civil society organization (CSO) participation in the Doha Peace Talks and the Darfur Political Process, including CSO participation in the traditional reconciliation processes. The human rights component of UNAMID conducted awareness-raising activities with communities on civil and political rights in relation to the elections. These activities contributed to awareness amongst the people of Darfur of their responsibilities, and those of the Government, in relation to elections. They also contributed to less violence during the campaigning, voting and post-voting period. OHCHR also advocates for dialogue between national and local authorities and NGOs, human rights defenders, indigenous communities and national human rights institutions. Three Darfur States’ Sub-Forums for Human Rights were established in early 2010 thanks in part to UNAMID Human Rights co-chairing the Darfur Human Rights Forum (DHRF) with the Advisory Council of Human Rights (ACHR). Awareness-raising initiatives such as the holding of SGBV workshops in West Darfur, the development and installation of 60 SGBV-related billboards at 11 strategic locations around South Darfur, and the development and production of 5,000 leaflets on the mandate, role and services of the Family and Child Protection Units, have also contributed to the empowerment of women and to the increase in the number of SGBV cases that are reported.
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In Chad, an increase in victims reporting cases to the Integrated Security Detachment (DIS) was observed, particularly for cases relating to SGBV. This change came about after a series of sensitization programmes conducted by the human rights component of MINURCAT. A slight rise in reporting and filing of SGBV-type cases with the GoS police was registered in Sudan (Darfur). With the support of OHCHR, IDPs in Haiti, particularly women, were involved in the management of IDP camps and the definition of protection strategies in their area of residence to ensure that their concerns were taken into consideration. OHCHR-Mexico has seen positive results on the protection of human rights defenders, partly as a result of its advice and observer role. In October 2010, the national Ombudsman published two guides on the implementation of measures for the protection of human rights defenders and journalists. These measures were issued by the Inter-American Commission on Human Rights. An agreement for the implementation of preventive and protective actions for journalists was signed in November.
Responsiveness of the international community EA10 - International community increasingly responsive to critical human rights situations and issues OHCHR supports the Human Rights Council (HRC) in its efforts to respond to urgent, chronic and emerging situations. In 2010 the Office supported one fact-finding mission and two committees of independent experts established and mandated by the Council. A Committee of Independent Experts was established by Human Rights Council resolution A/HRC/13/9 to monitor and assess any domestic, legal or other proceedings undertaken by both the Government of Israel and the Palestinian side, in the light of General Assembly resolution 64/254, including the independence, effectiveness, and genuineness of these investigations and their conformity with international standards. The Office assisted in the establishment of the Committee and of its secretariat. The final report was submitted to the Human Rights Council at its 15th session during September. As a result of the report, the Human Rights Council, with its resolution A/HR/RES/15/6 of October 2010, renewed and resumed the mandate of the Committee of Independent Experts, which OHCHR assisted in 2010. Field work and reporting to the HRC occurred in 2011.
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In June, the Council adopted resolution A/HRC/14/1 which requested the President of the Council to dispatch an independent international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law resulting from the Israeli raid on a flotilla of ships carrying humanitarian assistance to the occupied Palestinian territory. The Office provided secretariat support to the fact-finding mission. The final report was submitted to the Council in September. The Office also engages with delegations of Member States to ensure that human rights violations in situations of armed conflict, violence and insecurity are on the agenda of relevant UN bodies, including the HRC, the Security Council and the General Assembly (GA). OHCHR is actively involved in efforts to enhance the implementation of Security Council mandates for the protection of civilians. In her addresses to the UN Security Council in June and November, the High Commissioner emphasized that effective human rights monitoring and reporting are central to the protection of civilians, in order to prevent violations and to ensure accountability.
In Somalia, an UN/AMISOM Working Group on the Protection of Civilians was created as a preventive mechanism, and dialogue on the need to limit harm to civilians took place between UNPOS, the African Union Mission for Somalia (AMISOM) and Transitional Federal Government (TFG) forces. At UN Headquarters, OHCHR has participated in the development of policy and training materials, including the DPKO/DFS Operational Concept for the Protection of Civilians in UN Peacekeeping Operations, Framework for Drafting Comprehensive Protection of Civilians Strategies in UN Peacekeeping Operations; guidance on the integration of the protection of civilians in mission planning processes; and the DPKO protection of civilians training package for peacekeepers.
漏 UN Photo/Basile Zoma
At the field level, human rights components play a key role in the implementation of protection of
civilians mandates. In the DRC, following the mass rapes of at least 387 women, girls, men and boys by a coalition of armed groups in Walikale, North Kivu in July and August 2010, the human rights component conducted a thorough investigation; supported the opening of a judicial inquiry; provided training for magistrates on witness protection methodologies and investigation techniques for sexual violence; and advised local police and MONUSCO peacekeepers on risks of reprisals and protection gaps.
People injured during post-electoral violence in C么te d'Ivoire.
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Private military and security companies face greater international regulation The UN Working Group on the use of mercenaries believes there is a global trend toward privatization of war and security, so much so that in some conflict zones, private contractors, which include military and security companies, outnumber conventional forces and often have sophisticated weaponry and logistical support. The Working Group, a team of five independent experts, was created in 2005 and has been monitoring the impact on human rights of the activities of mercenaries and private military and security companies and their lack of accountability. The existing International Convention against the Recruitment, Use, Financing and Training of Mercenaries does not cover the activities of the private military and security companies. In 2010, the Working Group presented the basic elements of a draft new treaty to the Human Rights Council. In September, the Council decided to establish an intergovernmental open-ended Working Group to consider the possibility of drawing up such a new international legal instrument.
The draft Convention, proposed by the Working Group, seeks to clarify the responsibilities of States for regulating, monitoring and overseeing the activities of private military and security companies. It also gives States the responsibility for ensuring that allegations of human rights violations are investigated, that those held responsible for such violations are prosecuted and that victims have access to effective remedies. It proposes that international organizations which make use of the services of these groups also be covered by the Convention. Finally, it provides for the establishment of an international oversight and monitoring body. This follows several years of work by the Working Group which has been actively monitoring the impact on human rights of the activities of private military and security companies. Pressure for additional regulation of these companies has been growing because of repeated incidents in various countries, including their involvement in the interrogation of detainees, ill-treatment, and the indiscriminate shooting of civilians.
Addressing a side-event at the September Council meeting, the Working Group’s Chair, Amada Benavides de Pérez, said “the private military and security industry has expanded exponentially in the last 10 years”. However, she said it “remains fundamentally unregulated at the international level and often insufficiently regulated at the national level”. “It goes without saying”, Benavides said, “that not all private military and security companies are involved in human rights violations, but enough of them have been to warrant action from the international community”. There has also been progress towards the adoption of an international code of conduct. However, Benavides noted that “the private military and security industry is by no means an ordinary commercial activity (…) Self regulation may be useful, but it is by no means sufficient”. The open-ended Working Group will meet for the first time in 2011.
OHCHR is co-leading efforts to consider the United Nations’ experiences of providing support to non-UN security forces, to recommend a policy template to ensure that such support is consistent with the mandate, resources, situation on the ground and existing United Nations guidance, which includes compliance with human rights and international humanitarian law.
and in 2010 it was presented in several countries in the Americas with high-level participation of government officials. It has been an effective tool to raise awareness about the need to ensure a different, more comprehensive approach to crime and violence, and present human rights counter-arguments to hard-line policies that concentrate on control and punishment and forfeit basic rights.
The Office partnered with the Inter-American Commission on Human Rights and with UNICEF in the production of a report on citizen security, which analyses the issue from a human rights point of view, and makes recommendations to States on how to improve the institutions, laws, policies, programmes and practices on prevention and control of crime and violence. The report was issued in December 2009
The Office has also undertaken activities with the Central American Integration System in order to build the human rights capacity of governments involved with protecting citizen security, and, since late 2010, it has been working with the Institute of Public Policies in Human Rights of MERCOSUR in order to develop human-rights based security policies.
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Ethnic Uzbeks fleeing violence in Osh, Kyrgyzstan.
The range of critical issues in the occupied Palestinian territory was raised in 10 official reports to the GA and HRC, not including those submitted by special mechanisms established by the GA or HRC for which OHCHR also provided substantive, administrative and other support.
Human rights mainstreaming within the United Nations EA11 - Increased integration of human rights standards and principles, including the right to development, into UN policies and programmes with respect to development, humanitarian action, peace and security and economic and social issues Human rights are mainstreamed into peacekeeping, peacebuilding and political missions of the United Nations in two ways. First and most importantly, human rights staff are fully integrated into the missions. They are paid for by Member States through assessed contributions and report both to the mission and directly to the High Commissioner for Human Rights. OHCHR provides substantive direction (e.g., training and orientation) and support (e.g., interventions and visits by the HC, DHC or other parts of the UN human rights system).
The human rights components also work to mainstream human rights into the work of the entire mission. For example, in 2010 the human rights component in DRC, with the support of OHCHR in Geneva and New York, worked to end any practices of the Blue Helmets that could be perceived as supporting human rights violators. This effort has helped alert violators to the fact that support from the UN is conditioned on respect for human rights, humanitarian and refugee law. Human rights components raise additional funds from the Peacebuilding Fund, humanitarian funds (e.g., CERF) or from bilateral sources. Frequently, this money is channeled through OHCHR and operationalized by the team on the ground. Humanitarian action is carried out within a framework of coordination and collaboration amongst UN, non-UN partners and national authorities, particularly under the auspices of the Inter-Agency Standing Committee (IASC) and the cluster approach. OHCHR is also one of three UN protection-mandated agencies together with UNHCR and UNICEF that has committed to ensure leadership of the Protection Cluster at the field level.
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OHCHR senior management continued to participate in high-level coordination processes, including the Executive Committee for Humanitarian Affairs (ECHA), the IASC Principals and the IASC Working Group, Emergency Directors Team Meetings and the cluster approach (especially within the Protection Cluster). In the field, OHCHR increasingly works in partnership with humanitarian actors integrating a human rights-based approach to the overall humanitarian effort. Within the context of the cluster approach, the Office leads protection clusters in Haiti, Nepal, the occupied Palestinian territory, Timor-Leste and the Pacific region, and is the deputy head of the Protection Cluster in Iraq. It also plays a crucial supporting role in other countries such as Kyrgyzstan and Uganda. Through the MINUSTAH Human Rights Section and the rapid deployment of 15 OHCHR staff to Haiti on different dates from January to September, OHCHR led the Protection Cluster in the context of the humanitarian response to the 12 January earthquake. Human rights standards and concerns were mainstreamed into the work and programmes of UN partners responding to the crisis. As a result of a Joint Security Assessment, also coordinated by the HRS, MINUSTAH developed and implemented a Strategic Policing Plan for IDP camps for UNPOL and UN military. Training was also provided to these bodies on human rights and gender-based violence. A needs assessment of IDPs was conducted taking into account protection concerns and human rights standards and principles. In Nepal, OHCHR developed protection checklists based on international human rights standards, which remained an important advocacy tool for integrating protection issues within other clusters of the Inter-agency Standing Committee (IASC) mechanism. For example, the logistic and food clusters are in the process of incorporating the OHCHR checklist into their operational plan and have requested protection briefings from the Office. As a response to the communal violence in southern Kyrgyzstan in June, a Rapid Deployment Mission comprising 11 staff was temporarily deployed for four two-week missions in June, July, August and September. Under the leadership of OHCHR a sub-cluster on human rights was formally established as part of the Protection Cluster, facilitating a more solid integration of a human rights-based approach into the multilateral
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humanitarian response and ultimately strengthening the Protection Capacity of local and international partners. In addition, the Office supports the OCHA-led Humanitarian Reform Process, in particular in the context of the Humanitarian Coordination Strengthening Project and the Cluster Approach, especially the Protection Cluster. OHCHR is also a core member of the Global Protection Cluster Working Group (PCWG) and its various Task Forces, including those on Natural Disasters and Learning. The mandate-holder on IDPs developed and promoted tools that provide guidance on how to integrate human rights standards into responses to humanitarian, development and crises situations. In addition to his country mission reports, the mandate-holder developed the Framework on Durable Solutions for Internally Displaced Persons. This framework, which provides guidance on achieving human rights and durable solutions for IDPs, has been endorsed by the IASC and become a standard for UN agencies working on IDP return and reintegration issues. The mandate-holder also developed the Revised Operational Guidelines on the Protection of Persons in Situations of Natural Disasters. This document, also endorsed by the IASC, provides guidance on securing the human rights of persons in natural disaster situations. Furthermore, in his thematic report to the GA in October 2010, the mandate-holder addressed the issue of the duty of the State to provide humanitarian assistance and the corresponding rights of IDPs, thus providing guidance on the specific human rights obligations of States to ensure humanitarian access and humanitarian assistance to their displaced persons in times of need. OHCHR’s contribution to learning programmes for humanitarian coordinators and members of protection clusters through the IASC and the Global Protection Cluster Working Group helped to strengthen the integration of human rights standards and principles into UN system policies and programmes on humanitarian action. In Lebanon, the OHCHR Regional Office integrated an introduction to human rights into UNIFIL’s induction training. It also facilitated an exchange of letters between the High Commissioner and UNIFIL’s Force Commander, cooperating on the development of the UNIFIL Protection of Civilians Strategy.
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Defending the defenders: Human Rights Day 2010 To celebrate Human Rights Day 2010, the High Commissioner chose to highlight the precarious situation of human rights defenders. Often the targets of repression, restrictions and abuse, human rights defenders act to promote and protect the human rights of individuals or groups everywhere. On 10 December 2010, a number of such defenders from around the world gathered in Geneva to tell their stories.
he had received warnings that he was in danger. Tsedendemberel is the Advocacy Programme Manager of the LGBT Centre, the first to defend the rights of lesbian, gay, bisexual, and transgender people in Mongolia. The LGBT Centre, he said, had faced resistance from officials from the start: he was told when registering the organization’s name that its meaning conflicted with traditional customs and set the wrong example for young people.
In her statement marking the Day, the High Commissioner encouraged everyone to consider joining the ranks of the thousands of human rights defenders already working to enact the principles of the Universal Declaration of Human Rights. “Commitment and courage are prerequisites”, she said. “At the very least, we should do our utmost to support those who do defend human rights”.
Nurbek Toktakunov is a lawyer from Kyrgyzstan who defends human rights defenders. He talked of the people he defended after the ethnic conflict in the south of the country in mid-2010 and noted that many of them went to jail for life. Nonetheless, Toktakunov has not given up: “despite the sense of uselessness, the main thing is to try”, he said.
Participants heard from Otgonbaatar Tsedendemberel from Mongolia, one of the thousands of defenders whose life has been threatened because of his work. Just days before, he said
States bear the primary responsibility of ensuring that acts of intimidation and violence against human rights advocates and victims are punished. To that end, States must investigate violations and
Challenges and lessons learned During 2010, OHCHR increased its efforts to address human rights concerns in situations of conflict, violence and insecurity – both as root causes and as a consequence of such situations. It further strengthened its rapid response capacity and its engagement in the aftermath of natural disasters. These are all particularly challenging situations which often require deployment of staff (or of additional staff), sustained monitoring, advocacy, the
prosecute perpetrators irrespective of their affiliations. In order to do so, States may need to carry out the reforms necessary to improve access to justice for victims and their defenders, apply the rule of law and ensure the independence of judges and lawyers. In a video message recorded especially for Human Rights Day, Aung San Suu Kyi spoke of the subtle forms of discrimination directed against defenders of human rights. She identified those working for democracy in Myanmar (including herself) as people who fall into this category, stating, “without human rights there can be no such thing as genuine democratic institutions”. The High Commissioner called on governments to acknowledge that criticism is not a crime, and to release all those who have been detained for peacefully exercising their fundamental freedoms in the defence of democratic principles and human rights.
swift identification of gaps and issues as well as the urgent development of strategies to address them, efficient partnerships with various counterparts, as well as the prompt mobilization of resources to effectively take action. With the various crises which emerged in early 2011 and increased resort to OHCHR to support fact-finding and investigative initiatives, it is critical for OHCHR and human rights field presences to have the adequate political support and resources to effectively fulfill their mandate in those situations where human rights are most at risk.
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Human Rights Mechanisms Strengthening human rights mechanisms and the progressive development of international human rights law Background The Human Rights Council (HRC) is the primary inter-governmental body where human rights issues are debated, urgent human rights crisis addressed and decisions taken through resolutions. In 2011 it will celebrate the fifth anniversary of its establishment. It will also complete the General Assembly (GA) mandated review of its work and functioning which began in late 2010. The first cycle of the HRC‘s Universal Periodic Review (UPR) mechanism is almost completed. The UPR, by which the human rights record of every UN State is reviewed, has been judged a success by many. The second cycle, beginning in mid-2012, when States are expected to report on the implementation of the recommendations received during the first cycle, will be the true test of the effectiveness of this mechanism in advancing the promotion and protection of human rights on the ground. The HRC’s special procedures are a crucial element of the human rights machinery. Their independence, impartiality and flexibility allow them to address allegations of violations and human rights challenges in all parts of the world and in all contexts, including crises and emergencies. They are directly accessible to victims and through their country visits they are able to gather information first hand. They often contribute to the prevention of human rights violations. Their analysis of substantive rights and themes has also added to the progressive development of international human rights law. The intergovernmental human rights framework is complemented by a web of legal standards set out in the international human rights treaties. The human rights treaty bodies, committees of independent experts, are tasked with overseeing progress States Parties to these treaties have made in the implementation of their obligations, and providing guidance for further action. 62
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OHCHR’s role The Office of the High Commissioner is mandated by UN Member States to provide substantive and technical support to these human rights bodies and mechanisms. OHCHR also works to strengthen cooperation and collaboration among these mechanisms and others, including Member States, the wider UN system, national human rights institutions, civil society, including non-governmental organizations and other stakeholders. The following are examples of results we contributed to in 2010.
State engagement with human rights mechanisms EA6 - More effective follow-up to treaty body, special procedures and UPR recommendations and outcomes The recommendations of the human rights mechanisms are fully reflected in OHCHR’s programme of work. During 2010, OHCHR revised its planning processes to achieve, among other things, Office-wide coherence in supporting implementation of the mechanisms’ recommendations. The review showed that a more consistent approach, with guidelines on how field presences should support these mechanisms, is required. OHCHR will integrate this recommendation in the next planning cycle. OHCHR’s 2011 Office-wide evaluation will also be devoted to assessing its performance in supporting the follow-up activities of human rights mechanisms. It will assess the level and quality of support we give to States to build their capacity to implement the recommendations of these mechanisms.
and Minority Rights is conducting a mid-term review on the implementation of UPR recommendations. The findings of this review will serve as a basis for the National Human Rights Action Plan and could be used as a tool in following up on human rights mechanism recommendations in general. In Mozambique, a draft national human rights action plan and a training programme for prison officials have been prepared and will be strengthened along the lines of the UPR recommendations. A number of States have produced mid-term implementation reports highlighting steps taken to implement recommendations. When provided these reports are posted on the OHCHR website. UPR recommendations have been integrated into the work of the wider UN system. For example, 50 recommendations (UPR and other human rights mechanisms) are included in the revised United Nations Development Assistance Framework (UNDAF) for Nicaragua. The creation of an institutional structure and the elaboration of an action plan to follow up on these recommendations were also prioritized in the UNDAF. The UPR mechanism has enhanced the visibility of the special procedures and human rights treaty bodies. It has also encouraged a number of States to invite mandate-holders to visit their countries or issue standing invitations. States have also become party to human rights treaties and withdrawn reservations or indicated their intention of doing so.
The UPR mechanism has been successful in ensuring 100 per cent participation by Member States. By the end of 2010, 143 States had been reviewed, and all 192 UN Member States are expected to have been reviewed by the end of 2011. The mechanism has generated many recommendations in respect of each State reviewed. Some of these have already been implemented, while some States have created plans to achieve this.
OHCHR provides substantive and technical support to all aspects of the work of special procedures mandate-holders. In 2010, 67 country visits were carried out to 48 countries and territories and 604 communications were sent to 110 States. These communications addressed the situation of at least 1,407 individuals and numerous groups of individuals. By 31 December 2010, States had responded to 35.1 per cent of communications sent since 1 January 2010, and mandate-holders followed-up on 17.9 per cent of their communications. Mandate-holders submitted 156 reports to the Human Rights Council, including 58 county-visit reports, and 26 reports were submitted to the General Assembly. Mandate-holders also issued 232 public statements, including 23 joint statements by two or more mandate-holders.
For example, Ethiopia ratified the Convention on the Rights of Persons with Disabilities (CRPD), signed the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and initiated a national plan of action on human rights. In Serbia, the Ministry for Human
The Office assists States in meeting their reporting obligations to the human rights treaty bodies and contributed, for example, to increased reporting and greater compliance with follow-up procedures, in particular under the International Convention on the Elimination of Racial Discrimination (ICERD); the
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International Covenant on Civil and Political Rights (ICCPR); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). A total of 137 reports were received in 2010, compared to 117 in 2008 and 106 in 2009. There is no shortage of recommendations from the human rights mechanisms, but sometimes their formulation could be improved so they provide concrete and practical guidance. OHCHR supports the mechanisms in their quest to craft more precise and targeted recommendations. In 2011, the Inter-Committee Meeting of treaty body chairpersons and experts will review the format of the recommendations of treaty bodies. Since October 2010, OHCHR has facilitated retreats for all treaty body experts to prepare for these discussions. In order to assist States and others to follow up recommendations of human rights mechanisms, OHCHR’s Regional Office in Brussels prepared a tool which clusters and analyses the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD) to the 27 European Union (EU) Member States. This is currently being used by a number of EU partners, including for example the EU Fundamental Rights Agency. OHCHR’s capacity-building activities focusing on the Common Core Document and treaty-specific guidelines; reporting; individual communications; national preventive mechanisms against torture; and follow-up to recommendations have also been important for States and other stakeholders. These activities have allowed human rights mechanisms to benefit from more detailed information from the national level, which, in turn, should lead to more concrete and focused recommendations. In 2010, 17 capacity-building and training activities were carried out at the request of State Parties to human rights treaties, UN partners, national human rights institutions, civil society organizations in Armenia, Bahrain, Belarus, Cape Verde, China (Hong-Kong SAR), France, Indonesia, Ireland, Japan, Kazakhstan, Lithuania, the former Yugoslav Republic of Macedonia, Mexico, Peru, Qatar, Senegal and Turkmenistan. Technical assistance provided by OHCHR to Member States and national stakeholders, upon their request, is also directed to bridging the gap between human rights mechanisms’ recommendations and their implementation. OHCHR’s assistance contributed to the development of a national road map to follow up on recommendations from these mechanisms adopted by the Republic of the Congo. Comparable processes
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High Commissioner Navi Pillay and Sihasak Phuangketkeow, President of the Human Rights Council, address the opening of the Council's 15th session, September 2010.
were initiated in Cameroon, Gabon and Equatorial Guinea. Colombia and Guatemala are examples of countries that have compiled all recommendations and made them available electronically.
International and regional laws and institutions EA8 - Advances in the progressive development of international human rights law in selected areas of focus International human rights law is constantly evolving. New issues emerge that require specific international legislation and existing provisions sometimes need revision or strengthening. OHCHR supports the preparation of new international standards so as to strengthen promotion and protection of human rights. Four years after its adoption by the General Assembly, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) entered into force on 23 December 2010. The Working Group on enforced and involuntary disappearances (WGEID) greatly contributed to the development of this treaty, which creates a tenth human rights treaty body to be established in 2011. The Optional Protocol to the ICESCR was opened for signature, ratification and accession on 24 September 2009. Currently ratified by three States Parties, it will enter into force after it is accepted by 10. The Office supported the Open-ended intergovernmental Working Group on an optional protocol to the Convention on the Rights of the Child which would allow for complaints of violations of children’s rights. Two expert workshops, on an optional protocol to provide for a communications
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The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples addressing indigenous communities during his official visit to Guatemala, June 2010.
procedure for the Convention on the Rights of the Child (CRC) and on child-sensitive counseling, complaint and reporting mechanisms, were convened. Water and sanitation are critical issues, but they have not attracted sufficient attention as rights. Activities to place these issues high on the international agenda provide a cogent example of the way the work of human rights mechanisms can be complementary. The Independent Expert on water and sanitation worked with the GA and the HRC to clarify the human rights obligations related to access to safe drinking water and sanitation; the implications of recognizing these rights; as well as common misconceptions in this context. In July 2010, the plenary of the GA recognized the right to water and sanitation. The Human Rights Council later reaffirmed that this right is derived from the right to an adequate standard of living set out in article 11 of the ICESCR. The Committee on Economic, Social and Cultural Rights (CESCR) also adopted a statement on the right to sanitation in November. In 2010, a joint study by four mandate-holders (the Special Rapporteur on counter-terrorism, the Special Rapporteur on torture, the Working Group on arbitrary detention [WGAD] and the Working Group on enforced or involuntary disappearances [WGEID]) on the global practice of secret detention in the context of counter-terrorism presented to the 14th session of the HRC attracted significant attention from States, NGOs and the media. Several resolutions adopted by the HRC referred to this practice and called for its abolition. The issue of business and human rights has been the focus of increasing attention over the past decade, both from civil society and from human rights mechanisms. Since 2005, the issue has been on the agenda of the Human Rights Council through the
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work of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Office provided support to the Special Representative's work on developing a set of guiding principles on business and human rights which will be presented to the Human Rights Council in June 2011. The work of the human rights treaty bodies includes the review of State reports and the issuance of recommendations, and the analysis of the treaties and the provision of comments, or guidelines, for their implementation. In 2010, with OHCHR support, the CESCR held a day of general discussion on the right to sexual and reproductive health, and the CRPD on accessibility. CEDAW adopted general recommendations on older women and on the core obligations of States Parties under article 2 of the Convention; and the Committee on Migrant Workers (CMW) adopted its first general comment on the rights of migrant domestic workers. The Human Rights Committee developed a first draft of a general comment on article 19.
Coherence among human rights mechanisms EA9 - Enhanced coherence and consistency in the system of human rights mechanisms Two new special procedures mandates were established by the Council in 2010. A tenth treaty body established by the ICPPED will commence work in 2011. The increased workload confronting all the mechanisms requires more effective coordination among them to avoid overlap, ensure mutual support and a harmonized approach. The Office works with the mechanisms so that these goals are achieved on the understanding that the
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engagement of NHRIs and civil society is crucial for the system to be effective. Training sessions and advice provided in Côte d’Ivoire, Iraq, Honduras, Paraguay, the Russian Federation, and other countries strengthened the capacity of civil society organizations to prepare their reports in respect of the UPR. Public information tools allowed NHRIs and civil society actors to strengthen their interaction with special procedures system and individual mandate-holders. OHCHR continued to produce quarterly Bulletins and annual Facts and Figures, and in 2010, for the first time the Facts and Figures on special procedures was made available in French and Spanish. Also for the first time, the Quarterly Human Rights Treaties Division Newsletter was made public. The Universal Human Rights Index (UHRI), a user-friendly tool set up in 2008, provides access to all of the recommendations made by treaty bodies and special procedures. In 2010, OHCHR commenced the indexing of recommendations generated by the UPR. (http://www.universalhumanrightsindex.org/). The Coordination Committee of Special Procedures continued to encourage the harmonization of special procedures’ working methods. In 2010, two-thirds of all communications by special procedures were issued jointly by two or more mandate-holders. Three reports prepared by special procedures jointly - on secret detention, the situation in the Democratic Republic of the Congo, and on a visit to Bangladesh were presented to the HRC. The Special Rapporteur on the rights of indigenous peoples met with representatives of the Permanent Forum on Indigenous Issues and the Expert Mechanism on the rights of indigenous peoples in New York to exchange information and discuss cooperation. The Special Rapporteur on torture continued to work together with the CAT, OPCAT and the Voluntary Fund for Victims of Torture. CERD discussed possible joint inputs into the activities relating to the 2011 International Year of African Descent with the Working Group on African descent. The treaty body system is now almost double the size it was in 2004, but it has not received a matching growth in resources. As at 31 December 2010, there were 1479 ratifications of international human rights treaties which provide reporting obligations. In order to strengthen the system, the High Commissioner requested all stakeholders to rethink its future. This led to a process of consultations which started in Dublin in 2009. In
2010, national human rights institutions met in Marrakesh and treaty body experts in Poznan to develop ideas and proposals for strengthening the treaty body system. More consultations will take place in 2011 and at the end of that year a report compiling the various proposals made during the consultation process will be submitted. The format of the Inter-Committee Meeting and the Annual Meeting of treaty body chairpersons (CM) was also changed. For the first time, the CM was held outside of Geneva to allow for closer interaction with external partners such as the EU. The special procedures mandate-holders meet with the treaty body chairpersons annually. Cooperation with other regional organizations and mechanisms also increased. For example, a joint conference on human rights and migration, with the participation of the Special Rapporteur on racism, was organized by the Council of Europe, Portugal and OHCHR. The Special Rapporteur on freedom of religion or belief held regular consultations with the Organization for Security and Cooperation in Europe’s (OSCE) Office for Democratic Institutions and Human Rights Advisory Council and attended the Supplementary Human Dimension Meeting on Freedom of Religion or Belief held by OSCE in Vienna. Special procedures also interacted with the EU. For example, the Special Rapporteur on violence against women participated in discussions with the European Commission (EC) on ways to address violence against women strategically, and the Special Representative of the Secretary-General (SRSG) on violence against children participated in discussions on an EC strategy on children. OHCHR convened a workshop on regional human rights mechanisms, in May 2010, to identify concrete proposals on ways and means to strengthen cooperation between the United Nations and regional arrangements in the field of human rights. The workshop recommended that biannual meetings be convened with the participation of international, regional and subregional human rights mechanisms, governments, NHRIs and NGOs. In April, OHCHR also organized the 15th workshop of the Asia Pacific Framework on Regional Cooperation for the Promotion and Protection of Human Rights, hosted by the Royal Thai Government in Bangkok. The workshop focused on new developments towards regional mechanisms in the region, especially in the context of the Association of Southeast Asian Nations (ASEAN). OHCHR continued to provide strong support to the development of the new ASEAN regional human rights bodies through its Regional Office in Bangkok.
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© OHCHR
HRC, which took place in October 2010 and marked the formal launch of the review process in Geneva. OHCHR also facilitated consultations on the main areas of the institution-building package (Council resolution 5/1), namely the UPR; the Advisory Committee and the Complaint Procedure; the special procedures; the agenda and the framework for a programme of work; and the methods of work.
Members of the Subcommittee on Prevention of Torture and OHCHR staff during their visit to Liberia, December 2010.
Responsiveness of the international community EA10 - Increased responsiveness of the human rights system, in particular the Human Rights Council, to chronic and urgent human rights situations and any other emergencies, including in thematic areas, and to emerging issues In 2010, the HRC held a number of special sessions in response to crises situations. The Special Session on Haiti marked the first time that the Council discussed the human rights implications in the aftermath of a natural disaster. In May, the Council held its first urgent debate following the raid by Israeli defence forces on a flotilla of boats on a humanitarian mission bound for Gaza. A stand-alone interactive dialogue on Somalia held in September 2010 led to a formal request from that country for technical assistance in relation to the UPR. A Special Session was also held to address the aftermath of the presidential elections in Côte d’Ivoire. The review of the work and functioning of the Council began in 2010. The Office participated in and contributed to numerous informal initiatives convened by the Council President, Member States and observers where the scope of the review and various proposals were discussed. As mandated, the Office provided substantive support and advice to the first session of the Open-ended Inter-governmental Working Group (IGWG) on the Review of the Work and Functioning of the
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Special procedures mandate-holders presented a contribution to the IGWG setting out proposals to enhance the work and functioning of the Council. They also called for better use by the Council of their expertise and the outcome of their work, and provided suggestions for enhancing dialogue with Members States during and outside of HRC sessions, and on how cooperation could be strengthened. Despite the fact it convenes three sessions and meets for 10 weeks annually, the agenda of the HRC remains consistently full. OHCHR has supported diverse formats and modalities for the Council’s debates, such as panel discussions. Thirteen of these took place during the course of the Council’s sessions in 2010, including a high-level panel on economic and financial crises, a high-level discussion on the United Nations Declaration on Human Rights Education and Training and a panel debate with victims and survivors of human trafficking. A sign of increased responsiveness is that in 2010, seven more countries issued standing invitations to all special procedures, bringing the total number to 78 confirmed standing invitations as of 31 December. Several of these were issued in the context of the UPR, while others have come about as a response to constructive engagement of the mandate-holders, including successful country visits. OHCHR continued to improve access to information on human rights mechanisms. The HRC web page was redesigned and staff ensured that the pages were regularly updated with the latest news and documentation. Public information tools were made available to NHRI and civil society actors, allowing them to strengthen their interaction with the system of special procedures and individual mandate-holders. A variety of newsletters and bulletins as well as web stories were also distributed with the latest activities of the Office and the human rights mechanisms.
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Challenges and lessons learned The crucial role of the UN’s human rights bodies and mechanisms in strengthening States’ implementation of human rights obligations through advocacy, progressive development of human rights law, protection of individual and group victims, and the creation of opportunities for national, regional and international civil society organizations to articulate their concerns is widely acknowledged. During 2010, expansion of the human rights mechanisms has continued. This has allowed for strengthened promotion and protection of the human rights of
individuals, but has also raised the challenges of maintaining coherence of approach and the provision by OHCHR of the level of support necessary to ensure proper functioning of the mechanisms, and especially their ability to respond rapidly to emerging situations. In-depth analysis of the work of the human rights bodies and mechanisms, including their interaction, is critical in order to strengthen the complementarity of their activities so as to achieve results. OHCHR is eager to support this work so that the potential of the mechanisms to enhance enjoyment by all of their human rights and fundamental freedoms is attained.
Human Rights Committee celebrates 100 sessions
The celebration was an opportunity for Committee members, State Party representatives, human rights experts, and members of civil society and other UN bodies to take stock of achievements as well as past and future challenges. The Covenant was one of the first legally binding international treaties and has been ratified by 166 countries. The Committee was established after the Covenant’s entry into force in 1976 and since then has registered some 2,000 complaints of violations to rights such as the
right to freedom of speech, the right to vote, and the right to a fair trial. Since its first session in 1977, the Committee has adopted hundreds of concluding observations to country reports that have geared States towards greater respect for their human rights obligations. It has also, through its second Optional Protocol, worked to abolish the death penalty, or suspend it and impose moratoria on executions. Over the years, the Human Rights Committee has developed a body of legal principles that originate from the interpretation of rights contained in the Covenant. At the beginning of the day’s events to mark the anniversary, the Chairperson of the Committee, Yuji Iwasawa, noted that many success stories had arisen from the implementation of remedies
recommended to States, such as commutations of the death penalty, early releases from prison, receipts of residents permits, and compensation for victims of human rights violations. The Chairperson added that the Committee was the first treaty body to develop follow-up procedures to effectively monitor and encourage countries’ implementation of the Committee’s decisions, for the benefit of victims of human rights violations. “The numerous amendments to legislation to which many of the Committee’s views have contributed, demonstrate the beneficial effects which successful implementation of just one decision can have on the rights-holders of an entire State”, Iwasawa said.
© OHCHR
The 100th session of the Human Rights Committee, the body of independent experts who monitor the compliance of States with the International Covenant on Civil and Political Rights, was celebrated in Geneva on 29 October.
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Management Background OHCHR is led by the High Commissioner with the support of the Deputy High Commissioner, both based in Geneva, and the Assistant Secretary-General for Human Rights, based in New York. Four division directors and nine branch chiefs at headquarters provide the necessary operational and functional support. They comprise, together with chiefs of sections in Executive Direction and Management (EDM), the High Commissioner’s Senior Management Team (SMT). Chiefs of 36 sections and units at headquarters, three in New York as well as the heads of over 50 field presences ensure the appropriate management of the Office’s programme on a day-to-day basis. For further information on OHCHR’s structure, please refer to the organizational chart on page 110. Since the 2005 World Summit when leaders committed themselves to doubling the resources made available to OHCHR from the regular budget over the course of five years, OHCHR has experienced a period of rapid expansion. With a starting point of US$64.1 million for the 2004-2005 biennium, a target of US$128.2 million was established for OHCHR to attain in the 2010-2011 biennium. However, by the end of the five-year period the net increase for OHCHR amounted to less than 84 per cent, when adjusted for the additional resources given to new activities of the Human Rights Council (HRC) which had not been foreseen in 2005. At the same time, a steady increase in voluntary funding, from US$68.3 million in 2005 to US$109.4 million in 2010, representing an increase of 60.2 per cent, has allowed the Office to expand its presence in the field and strengthen support in all areas at headquarters and the New York Office. The expansion has brought challenges relating to internal communication and coordination, critical work processes and leadership direction. It has also brought a rise in demands from donors and Member States for greater transparency, efficiency and value for money and stronger results-based management and reporting. Two main internal policy deliberation and decision-making bodies – the Senior Management Team (SMT), chaired by the High Commissioner or in her absence by the Deputy High Commissioner, and
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the Programme and Budget Review Board (PBRB) chaired by the Deputy High Commissioner – meet on a regular basis to make recommendations to the High Commissioner on issues of Office-wide importance, including with regards to programme plans and allocation of resources, to ensure that the Office’s resources are utilized efficiently and transparently.
Results During the year in review, the terms of reference and work processes of the SMT were further refined, which contributed to the strengthening of this body (see the box on the Organizational Effectiveness Programme below). The role of the SMT is to provide strategic guidance and policy advice to the High Commissioner for addressing Office-wide issues. In 2010, the SMT met in 36 sessions and issued 26 clear and implementable recommendations for the High Commissioner’s decision. Issues dealt with included: the opening of new field offices; training and communication strategies; input into the Secretary-General’s strategic priorities; performance monitoring; knowledge management; follow-up to Universal Periodic Review (UPR) recommendations; the delivery of workshops on incitement to hatred; policy guidance on regional offices, human rights advisers, gender mainstreaming and rapid response deployment. The terms of reference of the PBRB were revised in 2010 in order to merge it with the Financial Monitoring Committee, a subset of the PBRB membership which had met separately to review financial performance. Merging the two groups eliminated duplication and has ensured full PBRB supervision in monitoring as well as planning functions. The PBRB oversees the Office-wide planning process, allocates extra-budgetary resources in line with the High Commissioner’s Strategic Management Plan and considers requests for supplementary resources in response to new and emerging needs, as necessary. The PBRB makes its recommendations on the basis of three main criteria: (a) The relevance of the proposed plans to the defined thematic priorities, expected accomplishments and global management outputs to which the Office has committed itself;
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(b) The potential effectiveness of the proposed activities in relation to the same; and (c) Their potential efficiency in terms of sustainability, absorption capacity, and contribution to Office-wide coherence and cost-effectiveness. With the High Commissioner’s endorsement, PBRB recommendations that carry resource implications are implemented by the Programme Support and Management Services (PSMS) as part of its regular function as a service provider to the various work units of the Office. In 2010, the PBRB met in 20 sessions to consider various requests for additional resources, including in support of the Haiti and Kyrgyzstan emergencies; for the dispatch of a High-Level Panel on reparations for sexual violence to the DRC; for joint protection teams in the Joint Human Rights Office in MONUSCO; for a needs assessment mission, deployment of an electoral assistance mission and the establishment of a country office in Guinea; to support UNAMID/Sudan; to support the implementation of a new human rights education plan in Colombia; for indigenous populations in Central America; to
strengthen OHCHR’s presence in the occupied Palestinian territory, to support UNAMI/Iraq; for assistance to children affected by armed conflict in Nepal; to implement a knowledge management strategy; for a seminar on traditional values and human rights; for earmarked funds for special procedures; for consultancy services on the human rights index; and to implement new activities in Uganda. In response to the Secretary-General's call to reduce costs, the PBRB also proposed a set of concrete recommendations to streamline support services provided to the UN human rights mechanisms. OHCHR has worked diligently to transform itself into a results-based organization since the introduction of the first biennial Strategic Management Plan in 2005. Knowledge and understanding of the purpose and value of results-based management has significantly increased among programme managers, largely as a result of the efforts of the Policy, Planning, Monitoring and Evaluation Service (PPMES), which included hands-on training and targeted advice and support. With the strengthening of PPMES in 2010, OHCHR is now in a position to implement the
Organizational Effectiveness Programme The Organizational Effectiveness Programme (OEP) was launched by the High Commissioner on 7 December 2009 in response to recommendations by the Office of Internal Oversight Services in its report A/64/203; Corr.1. The OEP addresses issues of organizational strategy and direction, key work processes, internal communication, and management and decision-making. The focus of the OEP in 2010 was to: (a) sharpen up management processes, including decision-making and management roles; (b) improve internal communication and collaboration across divisions; and (c) review key work processes and make them more efficient. In this context, staff surveys were undertaken in 2010 to collect the views of OHCHR staff both at headquarters and in the field. Four critical work processes, including recruitment, strategic planning, mission preparation procedures and
documentation submission/clearances processes, were identified for review under the OEP. The following results were recorded in the context of the OEP in 2010: l Revision of the internal decision-making process whereby staff at all levels now have the opportunity to identify issues for action and bring them to the attention of the SMT through a formal mechanism. Staff are informed when decisions have been made and progress on implementation can be tracked electronically on the OHCHR portal. The revised SMT process went into effect on 9 February; l Creation of a Staff Advisory Group to ensure that staff concerns are adequately reflected and given due consideration by management in the context of the OEP; l Establishment of an online Bulletin Board on the portal where staff can provide input on topics related to the OEP; l Review of the recruitment work processes in OHCHR resulting in
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a set of recommendations for streamlined internal recruitment procedures within the general framework of the INSPIRA system and UN Secretariat guidelines; Review of the strategic planning process in OHCHR and introduction of simplified procedures related to work planning and budgeting as well as with respect to internal and external reporting; Decision to extend the timeframe for planning from two to four years and the introduction of longer-term country strategies.
In the coming months, the OEP will focus on completing the two outstanding work process reviews (mission preparations and document submission/clearance) and implement recommendations on internal communications in the Office. It is expected that the implementation of OEP recommendations will be completed by the end of 2011.
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performance monitoring framework and to consolidate results from throughout the Office by reporting on a set of qualitative and quantitative indicators linked to Office-wide expected accomplishments and global management outputs. A reinforced monitoring system will allow OHCHR to strengthen its accountability, ensuring that lessons learned and good practices feed back into the planning process and support the appropriate allocation of resources to increase the Office’s efficiency and effectiveness. Simultaneously, the enhanced capacity of PSMS to ensure optimal utilization of resources by the substantive divisions and field presences has been instrumental. Special emphasis has been placed on providing opportunities for learning and skills development to all staff in support of the fulfillment of the OHCHR mandate. Under the current financial climate, the Office is focusing on better value for money. By planning well in advance and going for the lowest fare available, travel expenses are being brought down. Less travel and more video conferencing is also a part of the Office-wide “Greening” initiative to reduce its carbon footprint. As part of the UN Secretariat, the Office participates in negotiated volume-purchasing agreements for items such as IT equipment and vehicles. At field level, OHCHR uses local service providers such as UNDP to avoid the need to maintain a full-fledged administrative section. OHCHR recently participated in discussions
with the UN Board of Auditors regarding a proposed Secretariat-wide value-for-money study. OHCHR looks forward to fully participating in this study.
Challenges and lessons learned As expected, 2010 turned out to be a challenging year for fundraising. Total income amounted to US$109.4 million, some US$9 million less than in 2009. Nevertheless, more than 50 per cent of contributions continued to be unearmarked, ensuring flexibility and efficiency in their use. As a matter of principle, the Office does not undertake additional projects that lie outside its planning framework or do not contribute to its established priorities. More needs to be done on integrating monitoring and evaluation functions in a manner that contributes to learning and improves performance. In developing this function, the Office is also looking at ways to bring together the findings of assessments, reviews and studies conducted in-house and to make the best use of all available feedback mechanisms. The transition from the United Nations Secretariat’s previous recruitment system (Galaxy) to new recruitment rules and platform (INSPIRA) was more complicated than foreseen. This necessitated changes within the Human Resources Management Section as well as extensive briefings and training of staff members and managers.
Establishing a culture of results OHCHR is committed to becoming a fully results-based organization, transparent and accountable to all stakeholders. In order to further advance towards this goal, in the course of 2010 OHCHR has continued to invest in the establishment of an IT-based Performance Monitoring System that will allow for consistent, evidence-based reporting on the achievement of results. The system’s user-friendly modules link planning, monitoring and the production of reports; and they will be accessible to all field presence and headquarters staff through the intranet. This facilitates:
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The definition of results, the selection of relevant indicators and the establishment of targets through a step–by-step approach that leads to the building of a logical framework of results for each organizational entity, available online; The ongoing, evidence-based assessment of results during the implementation of activities through the use of pre-established formats for outputs and outcomes reporting; Decision-making by members of OHCHR’s management on issues related to the performance of the various programmes, through the production of custom-made reports; and,
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The creation and maintenance of an institutional memory through the storage of, and open access to, all of OHCHR’s planning and monitoring documents.
Conscious of the change in culture that is required in order to focus on results, OHCHR is launching a long-term capacity-building programme to enable its staff to use the system to improve the quality of their planning and monitoring, and, finally, their impact on the ground. Piloted in the course of 2011, the system is expected to be used for field presences’ reporting by the end of the current biennium.
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Global Management Outputs – Summary of Results 2010 Global Management Output 1. Understanding of OHCHR strategic direction is shared across the Office, with coordination and communication strengthened between management and staff, between headquarters and field presences, and among divisions.
2. Strategic decisions are made in a timely and transparent manner, and effectively implemented and followed-up.
3. Increased effectiveness of OHCHR’s lead role in partnerships for human rights mainstreaming.
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The Strategic Framework for 2010-2011 (Programme 19) provided guidance on strategic priorities to staff and managers and the Strategic Management Plan 2010-2011 was launched by the High Commissioner in February 2010.
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The decision to streamline and extend (from two to four years) OHCHR’s Office-wide planning cycle as of 2014 has put in place a rationalized strategic planning process adapted to the nature of the organization’s work.
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A review of the Gender Policy following the recommendations of the OHCHR Performance in Gender Mainstreaming Evaluation resulted in a shared understanding and a common institutional vision on gender mainstreaming.
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Internal advocacy and extensive information-sharing in the lead up to the MDG Review Summit in September contributed to improved coordination and communication among divisions on the subject.
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OHCHR’s first ever needs assessment on knowledge management involving headquarters and field staff contributed to the development of an Office-wide approach and workplan on the subject.
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Standard operating procedures on the use and activation of the Rapid Deployment Roster and on clearance of public reports contributed to improved coordination between headquarters and field presences in emergencies.
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Monthly bulletins, quarterly coordination meetings, annual consultation with heads of field presences and pre-deployment briefings contributed to greater coherence and better coordination of work between headquarters and field-based staff.
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Improved coordination between Geneva, New York and the field on a number of critical country situations (e.g., Côte d’Ivoire, Guinea, Haiti) led to a more coherent OHCHR response to human rights emergencies.
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Long-term communications plans developed for the six thematic priorities, particularly in the area of discrimination, contributed to improvements in the formulation of OHCHR’s external communication messages.
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Strengthened peer learning achieved through bimonthly “coffee briefings” on substantive human rights issues, including a special series on the OHCHR thematic priorities.
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Greater coherence and strategic decision-making through the improved working procedures of, and support to, the Senior Management Team (SMT) and the Programme and Budget Review Board (PBRB). Introduction of online SMT and PBRB decision tracking systems to enable staff to be aware of and monitor the implementation of decisions.
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Strategic decisions on OHCHR’s leadership role of the Protection Cluster in both the Haiti and the Kyrgyzstan crises made within 48 to 72 hours from the onset of the crises, including on deployments from the Office’s Rapid Deployment Roster and release of funds from the Contingency Fund.
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Production of fortnightly watch-lists and Early Warning – Early Action reports to support effective and timely decision-making by Senior Management in situations of concern.
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Human rights issues strengthened in the Secretary-General’s policies and the UN system responses to crises situations through the direct input of the High Commissioner, the Deputy High Commissioner and the Assistant Secretary-General for Human Rights in New York.
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Greater focus placed on the human rights aspects of migration, in particular on migrants in irregular situations, thanks to the lead role and advocacy of the High Commissioner.
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Strengthened system-wide coherence, collaboration and support for resident coordinators and UN country teams in mainstreaming human rights into development programmes through the new mechanism for human rights mainstreaming established within the UNDG.
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Further emphasis on women’s access to justice and economic, social and cultural rights in OHCHR and UN programming through input from gender advisers placed in four regional OHCHR offices.
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Progress made in mainstreaming human rights in UN-wide programmes through the Global Migration Group, the Inter-Agency Support Group (IASG) on the Convention on the Rights of Persons with Disabilities (CRPD), the Secretary-General’s High-Level Task Force on Global Food Security, the Inter-Agency Standing Committee (IASC), the Global Protection Cluster Working Group and joint events with WTO, UNITAR and civil society.
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Global Management Output
4. Increased effectiveness in servicing human rights mechanisms and in supporting follow-up to their recommendations.
5. Increased effectiveness and efficiency in supporting field operations.
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Results l
Contribution to shaping IASC priority areas to improve and guide future multilateral humanitarian responses, focusing on the need for a system-wide accountability framework and the strengthening of humanitarian leadership and coordination mechanisms.
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Strengthened coordination with the Protection Standby Capacity Steering Committee (ProCap) to ensure that human rights considerations and a human rights-based approach remain fully integrated across ProCap deployments.
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Increased engagement of OHCHR Senior Management in IASC Working Group meetings, Emergency Directors Team Meetings and IASC Principals meetings.
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Increased visibility of OHCHR’s work, in particular on the issue of non-discrimination, through the dissemination of materials and messages on Human Rights Day 2010 in Geneva and in New York, as well as through 15 OHCHR field presences and 36 UN offices around the world, including UN information centres, UN country teams and peace missions.
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In-house consultations for the definition of an Office-wide strategic approach to promoting and supporting follow-up and implementation of UPR outcomes and recommendations launched, including the development of a system to track OHCHR activities in support and follow-up to outcomes from all UN human rights mechanisms.
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Effective support provided to the Human Rights Council mandated fact-finding mission to investigate the violations of international law resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance (resolution A/HRC/14/1).
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Provision of high-quality support to the implementation of Human Rights Council resolutions A/HRC/13/9 and A/HRC/15/6 with regard to the establishment of commissions of inquiries and fact-finding missions.
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Contribution of substantive advice and support to the five-year status review of the Human Rights Council as required in resolution 60/251, including through inputs from the Senior Task Force comprised of directors and managers from all divisions, compiled into a non-paper shared with Member States.
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Establishment of a list of high-level experts that could potentially be part of Human Rights Council and Secretary-General mandated commissions of inquiries and fact-finding missions.
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Exchange of best practices on follow-up in a joint session of special procedures mandate-holders and chairs of treaty bodies attended by representatives of UN agencies and OHCHR field presences and inputs provided to civil society initiatives on the subject.
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Improved security provided to special rapporteurs through dedicated security support during sensitive missions, as well as to commissions of inquiry, fact-finding, assessment and mapping missions.
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Increased capacity among stakeholders (States Parties, regional organizations, national human rights institutions and NGOs) on the preparation of Common Core Documents, periodic reports and the follow-up to treaty body recommendations thanks to 17 country-level training courses.
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Production of 2,962 documents for the consideration of the General Assembly, the Economic and Social Council, the Human Rights Council and its related entities, and the human rights treaty bodies.
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Gradual improvement in the timeliness of document submissions to the Human Rights Council throughout the year, from 41.1 per cent for HRC13 in March and 42.4 per cent for HRC14 in June to 58.6 per cent for HRC15 in September.
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Support to 92 scheduled official human rights-related sessions and events comprising a total of 687 meeting days as well as numerous informal sessions and consultations.
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Improved documentation, monitoring and follow-up of cases of human rights violations through the roll-out of the OHCHR human rights database in six field presences (Mexico, Uganda, Burundi, Côte d’Ivoire, the Sudan and Darfur).
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Further harmonization of the work flows within OHCHR headquarters and field offices in the context of the preparation of background documentation for treaty body sessions.
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Increased efficiency in filling vacant posts for human rights staff in peace missions through the Department of Peacekeeping Operations (DPKO) and the Department of Political Affairs (DPA).
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Development and dissemination of internal checklists on engagement in humanitarian crisis response, including when playing a lead role in protection clusters, facilitated the efficiency of OHCHR’s work in emergencies.
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Strengthened leadership of the Protection Cluster through the activation of OHCHR’s Rapid Deployment Roster and the rapid deployment of 18 staff on seven occasions, most notably in Haiti and Togo.
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Global Management Output
6. OHCHR staff have the necessary competencies and skills to implement OHCHR global thematic strategies, and to consistently adopt and diligently achieve related targets.
7. OHCHR website supports OHCHR’s mission and priorities and meets the needs of users.
8. Resources mobilized in a diversified and sustainable way, with flexible use for OHCHR.
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Key inputs and thematic expertise provided to OHCHR staff in the field, including on economic, social and cultural rights, transitional justice and witness protection, human rights monitoring and investigation, human rights education programmes, formulation of national human rights action plans and work on disability for more targeted interventions with local stakeholders.
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A global communications consultation, the first ever such event organized by OHCHR, contributed to improved understanding among 30 OHCHR public information staff on communications strategies, tools and procedures.
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A review of the draft joint policy directive and of human rights integration in DPA-led special political missions contributed to a more rationalized and enhanced cooperation framework between OHCHR, DPKO, DPA and the Department of Field Support (DFS).
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The development of policies relevant to human rights in peace missions, most notably the Operational Framework for Protection of Civilians, guidelines on protection strategies, the conditionality policy as well as various guidelines on integrated planning processes have contributed to increased effectiveness in the field.
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Greater involvement of special procedures at country and regional level, including in the shaping of strategies.
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Targeted training courses contributed to increased knowledge among some 200 OHCHR staff, including members of the Rapid Deployment Roster, on, inter alia, human rights and budget monitoring, minority rights, monitoring and protection, mission planning, human rights mainstreaming and humanitarian action, conducting human rights training and on the use of the OHCHR human rights database, including on investigation and documentation methodologies.
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Awareness was raised among 12 heads of field presences on the Office’s role in humanitarian action, including its lead role within the Protection Cluster through the organization of two regional consultations on OHCHR’s engagement in humanitarian action.
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Better global understanding of thematic priorities and expected accomplishments among OHCHR field-based staff through customized coaching and advice, including during induction training, and through the provision of guidelines on planning and reporting.
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The progressive upgrade of the OHCHR website, currently underway, contributed to an increase of 38 per cent in the number of unique visitors in 2010. The development of a Web Management Plan outlining a phased delivery of the web upgrade, including governance, architecture and content strategies, is expected to bring many benefits to OHCHR and its constituencies.
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Outreach to stakeholders was extended through the translation of the OHCHR website into Chinese and Russian. The Chinese version will be online in 2011.
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Improvements were made to the Human Rights Council web section and regular updating of content, including on the extranet, has contributed to giving stakeholders improved access to key documents.
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The redesigning of the NGO webpage with quick links to information in English, French, Arabic, Spanish and Russian and new e-mail subscription services have contributed to improved and timely information-sharing with civil society stakeholders.
l
Increased use of social media, including in the context of the Human Rights Council and with NGOs, as well as in coordination with the Department of Public Information in New York, has allowed for new ways of sharing human rights information with stakeholders.
l
The posting, since April 2010, of a quarterly newsletter with treaty body highlights, interviews and an analysis of decisions and activities reported by OHCHR field presences contributed to enhanced information sharing on treaty body work with stakeholders.
l
Despite an adverse economic climate in many donor countries, OHCHR raised a total of US$109.4 million in voluntary contributions in 2010 against a budget of US$129.7 million.
l
64 Member States contributed in 2010, five fewer than in 2009. A total of 43 funding agreements were signed, of which 10 were of a multi-year nature, ensuring sustainability for the Office.
l
The proportion of unearmarked funding remained relatively stable at 54 per cent, compared to 56 per cent in 2009.
l
OHCHR participated more actively in Consolidated Appeals and Flash Appeals coordinated by OCHA: this generated an additional US$4 million in funding.
l
OHCHR also received US$2.1 million from seven Multi-Donor Trust Funds in 2010, including the Peacebuilding Fund.
OHCHR REPORT 2010
77
FUNDING
Funding Context In 2010, 40 per cent of OHCHR’s global funding needs were met from the United Nations’ regular budget, with the remainder met from voluntary contributions by Member States and other donors. The United Nations regular budget, approved by the General Assembly every two years, is funded from assessed contributions of each Member State according to a formula that takes into account the size and strength of its national economy. The amount of regular budget funding appropriated for use by OHCHR has increased gradually since 2005, when leaders attending the World Summit supported a commitment to double funding for the Office over five years. For the 2010-2011 biennium, an amount of US$141.4 million has been allocated to OHCHR (including resources for the support of the Human Rights Council, its mechanisms and mandates, as well as the treaty body system), compared with US$120.6 million in 2008-2009, US$83.4 million in 2006-2007 and US$67.6 million in 2004-2005. While the upward trend in regular budgetary support for human rights work is welcome, the proportion of the overall United Nations Secretariat regular budget devoted to human rights, even after the recent increases, remains small, at just 2.8 per cent of the total 2010-2011 budget.
78
OHCHR REPORT 2010
The level of voluntary funding for OHCHR’s work has also increased strongly in recent years, rising from US$52.5 million in 2004 to a peak of US$119.9 million in 2008 before slipping slightly in 2009 to US$118.1 million and more sharply in 2010 to US$109.4 million. The share of funding provided without earmarking likewise has grown steadily, rising from 20 per cent in 2004 to 56 per cent in 2009 and dropping slightly to 54 per cent in 2010. About 59 per cent of voluntary funding in 2010 was used to support the Office’s work in the field, which receives relatively little support from the regular budget; the remainder was distributed between other areas of the Office’s work, often supplementing the limited resources made available under the regular budget and enabling the Office to achieve greater impact in these areas than would otherwise be possible.
Who funds OHCHR? The table overleaf lists, in descending order, all donors that voluntarily contributed in 2010. As in previous years, the overwhelming majority of voluntary contributions came from Member States, which provided US$98.9 million, or 90.4 per cent of all contributions. International organizations, including the European Commission and UN partners, contributed a further US$10.5 million, or 9.6 per cent.
FUNDING
Voluntary contributions to OHCHR in 2010 This table refers to the total amount of voluntary contributions for 2010 (including contributions to the Humanitarian Funds) Donor
US$
Donor
US$ 5
1 United States of America
18,625,000
37 UNIFEM
94,269
2 Norway
11,351,162
38 Colombia
80,000
3 Netherlands
10,279,253
39 South Africa
70,571
4 Sweden
8,421,862
40 Algeria
60,000
5 Spain
6,855,401
41 India
50,000
6 European Commission
6,796,842
42 Slovenia
50,000
7 Germany
6,378,447
43 United Arab Emirates
29,977
8 United Kingdom
5,429,354
44 Monaco
28,860
9 Finland
3,779,143
45 Andorra
28,550
10 Canada
3,041,987
46 Cyprus
28,178
11 France
2,774,133
47 Chile
25,000
12 Denmark
2,764,261
48 Kazakhstan
25,000
13 Ireland
2,621,232
49 Estonia
24,361
14 New Zealand
2,585,100
50 Czech Republic
20,543
15 Switzerland
2,486,600
51 China
20,000
16 UNDP
1
2,130,511
52 Iceland
20,000
17 Russian Federation
2,000,000
53 Indonesia
20,000
18 Australia
1,997,635
54 Malaysia
20,000
19 Belgium
1,082,251
55 Thailand
20,000
20 Morocco
1,003,000
56 Norwegian Refugee Council
13,285
21 Brazil
1,000,000
57 Costa Rica
12,727
22 Austria
836,862
58 Georgia
10,000
23 Japan
714,414
59 Oman
10,000
649,555
60 Uruguay
10,000
25 UNFPA
565,712
61 Slovakia
9,990
26 Qatar
510,000
62 Argentina
9,336
27 Korea, Rep. of
380,000
63 Egypt
5,000
28 Kuwait
310,000
64 Israel
5,000
29 OIF4
233,101
65 Pakistan
4,728
30 Luxembourg
201,389
66 Nicaragua
2,739
31 Saudi Arabia
150,000
67 Holy See
2,453
32 Greece
131,062
68 Mauritius
2,000
33 Turkey
126,000
69 Panama
2,000
34 Mexico
117,353
70 Afghanistan
1,985
35 Liechtenstein
115,314
71 Armenia
1,500
36 Portugal
100,000
24 CERF
2 3
Other individual donors
515 Total 109,362,504
UN Development Programme. UN Central Emergency Response Fund. 3 UN Population Fund. 1
4
2
5
Organisation Internationale de la Francophonie. UN Development Fund for Women.
Source: Integrated Management Information System (IMIS).
OHCHR REPORT 2010
79
FUNDING
80
OHCHR REPORT 2010
FUNDING
Funding trends Level of contributions After seven years of growth, the level of voluntary contributions stalled in 2009 and dropped in 2010. Total contributions slipped from US$119.9 million in 2008 to US$118.1 million in 2009 and dropped to US$109.4 million in 2010, against a published budget of US$129.7 million. Additional income, including interest and miscellaneous income, brought the total available income to US$113.8 million. Expenditures amounted to US$125.5 million. Therefore, for the first time in six years, the actual income was lower than expenditures by some US$11.7 million.
The 2008 special appeal succeeded in attracting a number of first-time donors and also a number of very irregular donors. It has proven especially difficult in the current economic context to persuade new donors to commit funding or irregular donors to renew their support.
This outcome reflects the impact of the global economic crisis, which prompted many governments to review their funding commitments.
Of the 64 Member States that contributed in 2010, 27 (more than one-third) were members of the United Nations’ Western and Other Group (WEOG), 16 were from the Asian Group, seven from the Eastern European Group, nine from the Latin America and Caribbean Group (GRULAC), and five were from the African Group.
Number of donors The number of donors continued to decrease in 2010. While 2008 saw a great leap forward in terms of broadening OHCHR’s donor base up to 83 Member States, following a special appeal in the context of the sixtieth anniversary of the Universal Declaration of Human Rights, in 2009 and 2010, this number dropped sharply despite efforts to consolidate the expanded donor base. OHCHR received financial support from 69 Member States in 2009 and only 64 Member States in 2010 (i.e. 19 fewer than in 2008, or back to the 2007 level).
OHCHR REPORT 2010
81
FUNDING
Earmarking Despite the regrettable decrease in overall funding to OHCHR, the proportion of funding free of earmarking remained relatively stable in 2010, with 54 per cent of all contributions – or US$59.3 million – provided unearmarked (down from 56 per cent or US$66.1 million in 2009). The large proportion in unearmarked funding follows repeated appeals by the High Commissioner for donors to provide more of their support without
82
OHCHR REPORT 2010
earmarking, thereby giving the Office more flexibility and autonomy in allocating resources. During 2010, OHCHR donor and external relations officers used every appropriate opportunity to make the case for more unearmarked funding, securing agreement from 49 donors to provide at least part of their support free of earmarking, as well as a number of donors to increase the proportion of funds provided without earmarking (including Afghanistan, Australia, China, Costa Rica, Cyprus, Georgia, Indonesia, Mauritius, Mexico, Norway, Oman, Portugal, Qatar, South Africa, Switzerland and Uruguay).
FUNDING
Unearmarked voluntary contributions to OHCHR in 2010 Donor
unearmarked funding in US$
percentage of donor's contribution
1
Netherlands
9,436,435
2
United States of America
7,000,000
37,6%
3
Norway
6,387,012
56,3%
4
European Commission
6,231,151
91,7%
5
Spain
4,417,671
64,4%
6
United Kingdom
3,961,965
73,0%
7
Sweden
3,168,044
37,6%
8
Canada
2,984,184
98,1%
9
New Zealand
2,585,100
100,0%
10
Denmark
2,084,558
75,4%
11
Ireland
1,834,862
70,0%
12
France
1,749,664
63,1%
13
Australia
1,565,378
78,4%
14
Finland
1,233,046
32,6%
15
Belgium
1,082,251
100,0%
16
Morocco
1,000,000
99,7%
17
Switzerland
516,529
20,8%
18
Russian Federation
500,000
25,0%
19
Kuwait
200,000
64,5%
20
Luxembourg
166,667
82,8%
21
Qatar
160,000
31,4%
22
Saudi Arabia
150,000
100,0%
23
Greece
131,062
100,0%
24
Mexico
100,000
85,2%
25
Portugal
100,000
100,0%
26
Turkey
100,000
79,4%
27
Liechtenstein
55,351
48,0%
28
Algeria
50,000
83,3%
29
Slovenia
50,000
100,0%
30
Monaco
28,860
100,0%
31
South Africa
25,526
36,2%
32
Kazakhstan
25,000
100,0%
33
Cyprus
24,698
87,6%
34
China
20,000
100,0%
35
Indonesia
20,000
100,0%
36
Malaysia
20,000
100,0%
37
Thailand
20,000
100,0%
38
Estonia
16,241
66,7%
39
Costa Rica
12,727
100,0%
40
Chile
10,000
40,0%
41
Georgia
10,000
100,0%
42
Oman
10,000
100,0%
43
Uruguay
10,000
100,0%
44
Slovakia
9,990
100,0%
45
Pakistan
4,728
100,0%
46
Nicaragua
2,739
100,0%
47
Mauritius
2,000
100,0%
48
Afghanistan
1,985
100,0%
49
Armenia
1,500
100,0%
200
38,8%
59,277,121
54,2%
Individual donors Total
91,8%
Source: Integrated Management Information System (IMIS).
OHCHR REPORT 2010
83
FUNDING
Voluntary contributions to OHCHR from Donors in excess of $100,000 in 2010 The distribution of funds in this table reflects earmarking by donors (as per major headings of the SMP). United States of America
Norway Netherlands Sweden
7,000,000
6,387,012
9,436,435
3,168,044
4,417,671
6,231,151
Executive Direction and Management New York and Geneva
0
0
50,000
0
0
Subprogramme 1: Human Rights Mainstreaming, Right to Development, Research and Analysis
0
41,207
391,799
0
Subprogramme 2: Supporting the Human Rights Treaty Bodies
0
494,478
0
Subprogramme 3: Advisory Services and Technical Cooperation
0
0
Subprogramme 4: Supporting the Human Rights Council and its Special Procedures
0
Support to the Programmes
United Kingdom
Finland
Canada
France
Denmark
0
3,961,965
1,233,046
2,984,184
1,749,664
2,084,558
0
0
0
0
0
0
0
133,869
563,852
308,261
0
0
0
0
0
0
177,376
0
1,300,755
824,089
0
0
0
0
0
0
0
0
369,914
0
0
0
0
0
1,078,252
76,239
0
493,795
0
1,989,435
138,606
0
0
67,295
359,002
0
0
0
0
0
0
0
0
0
0
0
0
4,525,000
3,185,388
324,780
5,253,818
1,257,857
1,839
1,479,655
504,695
2,343,878
0
687,995
0
Advisory services, technical cooperation and field activities
1,425,000
988,957
0
0
0
0
1,479,655
0
207,152
0
0
0
Africa
2,000,000
0
0
2,705,608
66,934
0
0
23,043
1,310,616
0
687,995
0
Americas
0
2,035,728
324,780
2,203,857
923,185
1,839
0
432,900
0
0
0
Asia and the Pacific
0
0
0
344,353
133,869
0
0
481,651
0
0
0
0
Europe and Central Asia
1,100,000
160,703
0
0
0
0
0
0
123,305
0
0
0
Middle East and North Africa
0
0
0
0
133,869
0
0
0
269,906
0
0
0
Humanitarian Trust Funds
7,100,000
164,826
0
0
374,833
0
930,427
0
202,219
57,803
269,179
320,701
2,774,133
2,764,261
Unearmarked
Field Presences
Total contributions by donor
84
18,625,000 11,351,162 10,279,253 8,421,862
OHCHR REPORT 2010
Spain
European Germany Commission
6,855,401
6,796,842
6,378,447
5,429,354
3,779,143
3,041,987
FUNDING
Ireland
New Zealand
Switzerland
UNDP
Russian Federation
1,834,862
2,585,100
516,529
0
500,000
131,062
0
0
0
111,402
0
0
170,380
0
0
Australia
Belgium
Morocco
Brazil
Austria
Japan
CERF
UNFPA
1,565,378
1,082,251
1,000,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
600,000
0
0
0
0
122,100
19,414
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
262,123
0
9,298
0
400,000
0
0
0
0
0
200,000
0
0
0
0
0
0
0
0
0
0
0
0
40,000
0
0
0
0
1,960,774
2,130,511
500,000
432,257
0
0
1,000,000
579,836
425,000
649,555
565,712
0
0
1,295,337
183,345
0
0
0
0
0
134,563
0
0
0
0
0
180,000
267,760
0
0
0
0
1,000,000
91,575
0
146,494
565,712
0
0
0
905,664
0
0
0
0
0
262,123
0
99,510
0
0
0
485,437
773,742
0
432,257
0
0
0
0
375,000
403,551
0
0
0
0
0
500,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
91,575
50,000
0
0
111,402
0
0
0
0
0
0
3,000
0
134,926
30,000
0
0
2,621,232
2,585,100
2,486,600
2,130,511
2,000,000
1,997,635
1,082,251
1,003,000
1,000,000
836,862
714,414
649,555
565,712
8
OHCHR REPORT 2010
85
FUNDING
Voluntary contributions to OHCHR from Donors in excess of $100,000 in 2010 The distribution of funds in this table reflects earmarking by donors (as per major headings of the SMP). Qatar
Unearmarked
Korea, Rep. of
Kuwait
Organisation Luxembourg internationale de la Francophonie
Saudi Arabia
Greece
Turkey
Mexico
Liechtenstein
Portugal
160,000
0
200,000
0
166,667
150,000
131,062
100,000
100,000
55,351
100,000
Executive Direction and Management New York and Geneva
0
0
0
0
0
0
0
0
0
0
0
Subprogramme 1: Human Rights Mainstreaming, Right to Development, Research and Analysis
0
0
0
0
0
0
0
0
0
0
0
Subprogramme 2: Supporting the Human Rights Treaty Bodies
0
0
55,909
0
0
0
0
0
18,450
0
Subprogramme 3: Advisory Services and Technical Cooperation
0
0
0
0
0
0
0
0
0
0
0
Subprogramme 4: Supporting the Human Rights Council and its Special Procedures
0
0
50,000
0
0
0
0
0
0
0
0
Support to the Programmes
0
0
0
0
0
0
0
0
0
0
0
350,000
285,000
50,000
177,193
0
0
0
0
0
18,450
0
Advisory services, technical cooperation and field activities
0
285,000
0
0
0
0
0
0
0
18,450
0
Africa
0
0
0
174,467
0
0
0
0
0
0
0
Americas
0
0
0
2,726
0
0
0
0
0
0
0
Asia and the Pacific
0
0
0
0
0
0
0
0
0
0
0
Europe and Central Asia
0
0
0
0
0
0
0
0
0
0
0
Middle East and North Africa
350,000
0
50,000
0
0
0
0
0
0
0
0
Humanitarian Trust Funds
0
95,000
10,000
0
34,722
0
0
26,000
17,353
23,063
0
510,000
380,000
310,000
233,101
201,389
150,000
131,062
126,000
117,353
115,314
100,000
Field Presences
Total contributions by donor
86
OHCHR REPORT 2010
FUNDING
Predictability Predictability of funding was reinforced by the negotiation of new multi-year funding arrangements with Canada, Finland, the Netherlands, Sweden and Switzerland. In 2010, OHCHR had multi-year funding arrangements in place with 10 donors, including eight Member States (Belgium, Canada, Finland, the Netherlands, Spain, Sweden, Switzerland and the United Kingdom) and two international organizations (the European Commission and the Organisation Internationale de la Francophonie). Regular budget versus voluntary contributions Overall, 40 per cent of OHCHR’s funding came from the United Nations regular budget (compared with 35.9 per cent in 2009) and 60 per cent from voluntary contributions (compared with 64.1 per cent in 2009). The noticeable shift in favour of regular budget funding reflected partly the last tranche of the increase in the regular budget appropriation as decided by Member States during the 2005 World Summit, as well as the continuing increase in Human Rights Council mandates and the growth of the treaty body system, but also the decrease in voluntary contributions compared with 2009, seen as a consequence of the economic crisis.
(also known as Junior Professional Officers) supported by the following Governments: Austria, Belgium, Denmark, Finland, France, Germany, Italy, the Netherlands, Norway, Republic of Korea, Spain, Sweden and Switzerland (see table below). Italy and the Netherlands also funded associate expert posts for non-nationals. Sponsor
Number of national associate experts
Austria
3
Belgium
1
Denmark
3
Finland
1
France
4
Number of non-nationals associate experts
Germany
1
Italy
1
1
Netherlands
0
2
Norway
3
Korea, Rep. of
1
Spain
8
Sweden
2
Switzerland
5 33
TOTAL
3 36
How to help Junior Professional Officers Some Member States also provide OHCHR with additional indirect financial support through contributing to the United Nations Associate Experts Programme, which is administered by the Department of Economic and Social Affairs in New York. In 2010, OHCHR had 36 associate experts
OHCHR accepts contributions from Member States, international organizations, foundations, voluntary associations, non-governmental organizations (NGOs) and individuals. If you, or the organization you represent, would like to make a contribution, please contact OHCHR’s Donor and External Relations Section in Geneva. Tel: +41 22 917 96 55. Fax +41 22 917 90 04. Email: DexRel@ohchr.org.
OHCHR REPORT 2010
87
FINANCIAL STATEMENTS
Financial Statements (as at 31 December 2010) Statement of income and expenditure in 2010 Activities of the High Commissioner for Human Rights This statement indicates total funds available for activities in 2010, inclusive of new contributions carry-over, overall expenditure incurred during 2010 and total balance as at 31 December 2010
Extrabudgetary
Regular Budget
Total
SUMMARY * Opening balance1
135,626,122
Adjustment2
n/a
135,626,122
9,052,129
n/a
9,052,129
Total income / Allotments3
113,803,436
74,718,400
188,521,836
Total funds available4
258,481,687
74,718,400
333,200,087
Expenditure5
125,518,628
67,547,942
193,066,570
132,963,059
7,170,458
140,133,517
Closing
balance6
Notes: 1) The amount corresponds to the extrabudgetary closing balance reported for the activity in the 2009 Report on Activities and Results. 2) Includes adjustments to prior period expenditure, savings, transfers and refunds. 3) For extrabudgetary, includes all contributions received at UNOG for 2010 (US$109,362,504) as well as interest and miscellaneous income (US$4,440,932). For regular budget, corresponds to the amount allotted to OHCHR for 2010. 4) = (1) + (2) + (3) + (4). 5) Includes disbursements and unliquidated obligations as at 31 December 2010. 6) The extrabudgetary amount corresponds to all funds held by UNOG as at 31 December 2010 including operating cash reserves of US$16.6 million which were not available for activities in 2010. * All figures are subject to audit.
Statement of extrabudgetary income and expenditure in 2010 Activities of the High Commissioner for Human Rights by Trust Fund
VF for advisory services and technical assistance in human rights (VFTC)
TF for human rights education in Cambodia
1,294,043
539,465
830,534
19,331,601
1,461,945
273,037
52,828
22,195
22,409
0
47,374
2,102,719
417,604
Income from contributions3
9,434,026
485,130
149,326
682,279
358,025
0
15,860,966
494,353
Other income available4
303,806
59,970
18,936
37,608
10,652
24,735
934,223
89,503
Total funds available5
27,115,152
2,210,433
1,224,500
2,036,339
908,142
902,643
38,229,509
Expenditure6
13,034,465
920,830
551,460
373,303
338,712
3,703
17,748,020
936,652
91,611,483 125,518,628
Closing balance7
14,080,687
1,289,603
673,040
1,663,036
569,430
898,940
20,481,489
1,526,753
91,780,081 132,963,059
Total OHCHR trust funds
VF for participation in the universal periodic review
1,034,043
TF for support activities of OHCHR
VF for indigenous populations
1,612,505
TF for action to combat racism and racial discrimination
VTF on contemporary forms of slavery
17,104,283
VF for financial and technical assistance for the universal periodic review implementation
VF for victims of torture
This statement indicates total funds available for activities in 2010, inclusive of new contributions carry-over, overall expenditure incurred during 2010 and total balance as at 31 December 2010
SUMMARY * Opening balance1 Adjustment2
92,417,703 135,626,122 6,113,963
9,052,129
81,898,399 109,362,504 2,961,499
4,440,932
2,463,405 183,391,564 258,481,687
Notes: 1) Corresponds to the closing balance reported for the activity in the 2009 Report on Activities and Results. 2) Includes adjustments to prior period expenditure, savings, transfers and refunds. 3) Includes all contributions received in the UNOG accounts during 2010. 4) Includes interest and miscellaneous income. 5) = (1) + (2) + (3) + (4). 6) Includes disbursements and unliquidated obligations as at 31 December 2010. 7) Corresponds to all funds held by UNOG as at 31 December 2010 including operating cash reserves of US$16.6 million which were not available for activities in 2010. * All figures are subject to audit.
88
OHCHR REPORT 2010
FINANCIAL STATEMENTS
RB & XB funds made available to OHCHR programmes in 2010 Overall summary (in thousands of US$) Regular budget allotment
XB income (earmarked vs unearmarked)
Total XB income
OHCHR Programmes % (a)/total RB
(a)
(b)
% (b)/total XB
Earmarked (c)
% (c)/(b)
Unearmarked* (d)
% (d)/(b)
HEADQUARTERS Executive Direction and Management (EDM)
8,481.0
11.35%
8,524.8
7.49%
364.4
4.27%
8,160.4
95.73%
Policy-making Organs
6,066.6
8.12%
-
-
-
-
-
-
10,745.0
14.38%
12,344.1
10.85%
2,557.4
20.72%
9,786.7
79.28%
8,632.5
11.55%
4,850.4
4.26%
3,043.4
62.75%
1,807.0
37.25%
Subprogramme 3 - Advisory services and Technical cooperation
11,630.3
15.57%
10,241.9
9.00%
736.3
7.19%
9,505.6
92.81%
Subprogramme 4 - Human Rights Council Branch
6,795.0
9.09%
2,014.1
1.77%
682.3
33.88%
1,331.8
66.12%
Subprogramme 4 - Special Procedures Branch
7,779.1
10.41%
5,139.1
4.52%
4,067.1
79.14%
1,072.0
20.86%
45,581.9
61.00%
34,589.6
30.39%
11,086.5
32.05%
23,503.1
67.95%
6,048.6
8.10%
1,903.2
1.67%
40.0
2.10%
1,863.2
97.90%
TOTAL HEADQUARTERS
66,178.1
88.57%
45,017.6
39.56%
11,490.9
25.53%
33,526.7
74.47%
TOTAL FIELD PRESENCES
8,540.3
11.43%
54,340.9
47.75%
28,441.4
52.34%
25,899.5
47.66%
TOTAL HQ AND FIELD PRESENCES
74,718.4
100.00%
99,358.5
87.31%
39,932.3
40.19%
59,426.2
59.81%
Voluntary Fund for Victims of Torture
-
-
9,434.0
96.88%
303.8
3.12%
Voluntary Fund for Indigenous Populations
-
-
149.3
88.71%
19.0
11.29%
Voluntary Trust Fund on Contemporary Forms of Slavery
-
-
485.1
88.99%
60.0
11.01%
Total Humanitarian Trust Funds
0.0
0.00%
10,451.2
9.18%
10,068.4
96.34%
382.8
3.66%
Other income not reported above/not allocated
0.0
0.0
3,993.7
3.51%
0.0
0.00%
3,993.7
100.00%
74,718.4
100.00%
113,803.4
100.00%
50,000.7
43.94%
63,802.7
56.06%
Programme of work (subprogramme 1 to 4) Subprogramme 1 - Human Rights mainstreaming, Right to Development, Research and Analysis Subprogramme 2 - Supporting the Human Rights Treaty Bodies
Total Programme of Work Support to the Programmes
Humanitarian Trust Funds
TOTAL GRAND TOTAL
9,737.8 168.3 545.1
188,521.8
-
113,803.4
* allocated by OHCHR in 2010.
OHCHR REPORT 2010
89
FINANCIAL STATEMENTS
OHCHR regular budget expenditure in 2010 by programme (in thousands of US$) Allotment 2010
Expenditure 2010
Headquarters Executive Direction and Management1
8,481.0
7,548.3
Policy-making Organs
6,066.6
5,744.1
10,745.0
9,433.7
Subprogramme 2: Supporting the Human Rights Treaty Bodies
8,632.5
7,753.6
Subprogramme 3: Advisory Services and Technical Cooperation
11,630.3
10,331.2
Subprogramme 4: Supporting the Human Rights Council and its Special Procedures
14,574.1
13,602.6
45,581.9
41,121.1
6,048.6
5,924.8
66,178.1
60,338.3
Subprogramme 3: Field Operations and Technical Cooperation Division2
6,850.2
5,908.9
Regular Programme of Technical Cooperation (sec.22) Advisory Services, Technical Cooperation and Field Activities
1,690.1
1,300.8
Sub-total Field presences
8,540.3
7,209.7
GRAND TOTAL3
74,718.4
67,548.0
Programme of Work Subprogramme 1: Human Rights Mainstreaming, Right to Development, Research and Analysis
Total Programme of Work - Headquarters Programme Support and Management Services Sub-total Headquarters Field presences
1) Includes 2010 allotment of US$1,204.8 and expenditure of US$628.5 for panel of experts on Sri Lanka. 2) Includes Cambodia, YaoundĂŠ Sub-regional Centre, Regional Offices in Panama, Dakar, Bishkek, Brussels, and Santiago de Chile. 3) At mid-biennium as at 31 December 2010. Balance will be used in 2011.
90
OHCHR REPORT 2010
FINANCIAL STATEMENTS
Extrabudgetary income and expenditure in 2010 Overall summary (in thousands of US$) OHCHR's Programmes
Revised requirements 2010-2011
Income 2010
Expenditure 2010
Projected requirements 2011
HEADQUARTERS Executive Direction and Management (EDM) Office of the High Commissioner
2,249.9
1,170.3
1,089.5
1,160.4
935.7
407.2
423.4
512.3
Donor and External Relations
3,374.0
1,861.0
1,610.6
1,763.4
Communications
3,550.7
1,577.7
1,516.3
2,034.4
850.5
0.0
0.0
850.5
2,415.8
616.5
717.3
1,698.5
764.4
705.3
764.4
0.0
0.0
183.3
0.0
0.0
Civil Society Liaison
Documentation Processing Unit New York Office New York Office - Project for reparations for victims of sexual violence in the Democratic Republic of Congo */ New York Office - MDTF Joint programme for UN Action against sexual violence in armed conflict (SCR 1888) **/ Policy, Planning Monitoring and Evaluation
1,220.7
223.3
388.5
832.2
Safety and Security Unit
3,195.6
1,780.2
1,551.6
1,644.0
18,557.3
8,524.8
8,061.6
10,495.7
Sub-total Programme of Work (subprogramme 1 to 4)
Subprogramme 1 - Human Rights Mainstreaming, Right to Development, Research and Analysis (RRDD) Coordination and Management
1,952.3
1,026.5
927.8
1,024.5
Anti-discrimination
2,760.5
1,155.7
1,197.6
1,562.9
Indigenous Peoples and Minorities
3,152.9
1,444.6
1,803.9
1,349.0
903.7
903.7
903.7
0.0
Women's Human Rights and Gender
3,584.5
958.6
1,279.3
2,305.2
Rule of Law and Democracy
3,176.9
1,470.5
1,518.6
1,658.3
MDGs and HR-based Approach
1,365.4
475.5
707.8
657.6
515.4
267.4
239.9
275.5
Economic and Social Issues
1,511.8
889.8
748.6
763.2
Business and Human Rights
221.9
100.0
75.0
146.9
1,047.8
633.1
553.8
494.0
114.6
114.6
114.6
0.0
Project for developing Indigenous networks and strengthening their capacities */
HIV and AIDS
Right to Development Support to UNDG Human Rights Mainstreaming mechanism */ Methodology, Education and Training
4,943.4
2,278.0
2,380.7
2,562.7
Indicators
113.2
0.0
0.0
113.2
Migration
113.2
0.0
0.0
113.2
Trafficking
265.6
244.6
265.6
0.0
Disabilities
662.0
356.8
341.5
320.5
Trust Fund for Durban Review Conference and Follow-up Sub-total
3.6
24.7
3.6
0.0
26,408.7
12,344.1
13,062.0
13,346.7
9,451.4
4,850.4
4,682.3
4,769.1
9,451.4
4,850.4
4,682.3
4,769,1
Subprogramme 2 - Supporting the Human Rights Treaty Bodies (HRTD) Human Rights Treaties Branch Sub-total Subprogramme 3 - Advisory Services and Technical Cooperation (FOTCD) Coordination and Management
2,038.2
286.9
942.5
1,095.7
Africa
5,187.8
2,006.4
2,287.5
2,900.3
Americas
1,592.0
768.8
789.3
802.7
Asia and the Pacific
3,009.9
1,583.8
1,511.5
1,498.4
Europe and Central Asia
2,882.0
1,403.8
1,418.6
1,463.4
Middle East and North Africa
1,923.8
934.8
970.6
953.2
National Institutions
3,227.8
1,306.8
1,600.8
1,627.0
Rapid Response and Peace Missions
3,336.0
1,581.9
1,585.3
1,750.7
692.7
368.7
338.7
354.0
23,890.2
10,241.9
11,444.8
12,445.4
Trust Fund for Implementation of the UPR Sub-total
OHCHR REPORT 2010
91
8
FINANCIAL STATEMENTS
OHCHR's Programmes
Revised requirements 2010-2011
Income 2010
Expenditure 2010
Projected requirements 2011
Subprogramme 4 - Supporting the Human Rights Council and its Special Procedures (HRCSPD) Coordination and Management
456.7
Human Rights Council Special Procedures Human Rights Council and UPR Webcasting Trust Fund for Participation in the UPR
265.2
191.3
265.4
2,077.3
869.4
876.5
1,200.8
11,448.2
5,139.1
5,490.6
5,957.6
219.2
159.6
106.8
112.4
1,231.4
719.9
373.3
858.1
Sub-total
15,432.8
7,153.2
7,038.5
8,394.3
Total Programme of Work (subprogramme 1 to 4)
75,183.1
34,589.6
36,227.6
38,955.5
Support to the Programmes Programme Support and Management Services
308.8
158.8
158.8
150.0
Information Technologies Section
3,339.6
1,188.3
1,556.6
1,783.0
Human Rights Case Database Project
2,336.9
556.1
1,137.8
1,199.1
Sub-total
5,985.3
1,903.2
2,853.2
3,132.1
TOTAL HEADQUARTERS
99,725.7
45,017.6
47,142.4
52,583.3
FIELD PRESENCES AFRICA Burundi - Peace Mission Support
3,151.9
1,927.5
1,708.2
1,443.7
Central Africa, Yaound茅 - Sub-regional Centre
654.5
134.9
354.3
300.2
Chad - Human Rights Adviser
505.7
0.0
0.0
505.7
31.8
0.0
0.0
31.8
0.0
146.5
0.0
0.0
C么te d'Ivoire - Peace Mission Support
353.0
107.2
172.2
180.8
Democratic Republic of the Congo - Peace Mission Support
580.9
66.9
321.4
259.5
Democratic Republic of the Congo - Joint projects to fight impunity against sexual violence in West Congo, South and North Kivu
2,856.4
1,942.2
1,912.7
943.7
Democratic Republic of the Congo - Joint Protection Team in Eastern Congo */
1,186.6
2,000.0
0.0
1,186.6
East Africa, Addis Ababa - Regional Office
2,135.1
963.5
1,046.7
1,088.4
730.5
395.4
368.1
362.4
Central African Republic - Peace Mission Support Central African Republic - Joint project for Human Rights Protection (CERF) **/
Great Lakes, Burundi - Human Rights Adviser Guinea - Human Rights Adviser Guinea - Country Office Guinea - Human Rights monitoring and reporting in the context of the 2010 presidential elections */ Guinea-Bissau - Peace Mission Support Kenya - Human Rights Adviser
465.2
449.8
465.2
0.0
2,957.4
1,981.6
1,257.4
1,700.0
207.6
221.6
207.6
0.0
22.6
0.0
0.0
22.6 948.6
1,944.7
586.4
996.1
Liberia - Peace Mission Support
143.6
16.4
70.1
73.5
Madagascar - Human Rights Adviser
306.7
88.4
0.0
306.7
Niger - Human Rights Adviser
670.9
261.0
357.1
313.8
Rwanda - Human Rights Adviser
573.9
146.4
296.2
277.7
Sierra Leone - Peace Mission Support
830.8
75.9
425.7
405.1
Sierra Leone - MDTF Joint programme for Peace Museum **/
0.0
195.0
0.0
0.0
619.5
200.1
270.7
348.8
2,208.6
1,135.1
1,161.7
1,046.9
Sudan - Peace Mission Support
778.6
(851.9)
351.0
427.6
Sudan - Strengthening the human rights capacity in Darfur */
341.2
188.1
168.1
173.1
Togo - Country Office
2,981.1
1,448.1
1,355.9
1,625.2
Uganda - Country Office
7,209.4
2,724.4
3,542.0
3,667.4
Uganda - MDTF and UNIFEM Joint progammes for gender equality and women's access to justice */
180.3
185.2
180.3
0.0
Zimbabwe - Human Rights Adviser
232.1
79.4
0.0
232.1
West Africa, Dakar - Regional Office
682.0
243.5
331.2
350.8
35,542.6
17,058.6
17,319.9
18,222.7
Somalia - Peace Mission Support Southern Africa, Pretoria - Regional Office
Sub-total Africa
92
OHCHR REPORT 2010
8
FINANCIAL STATEMENTS
OHCHR's Programmes
Revised requirements 2010-2011
Income 2010
Expenditure 2010
Projected requirements 2011
AMERICAS Bolivia - Country Office Bolivia - MDTF joint programme for support to the transitional process of the democratic model in Bolivia **/ Central America, Panama - Regional Office
3,299.8
1,201.7
1,608.8
1,691.0
96.1
331.7
96.1
0.0
202.1
80.5
85.7
116.4
1,019.2
500.8
498.1
521.1
17,020.6
8,867.2
8,063.7
8,956.9
744.0
0.0
0.0
744.0
Ecuador - Human Rights Adviser
1,039.1
430.0
496.4
542.7
Guatemala - Country Office
7,834.4
1,899.3
4,109.0
3,725.4
828.6
777.2
828.6
0.0
Central America - Joint projects for Indigenous Peoples and Afro-descendant Populations in Central America */ Colombia - Country Office Colombia - National Human Rights Education Plan
Guatemala - MDTF joint programme for Indigenous Peoples' Rights */ Haiti - Peace Mission Support
206.6
2.8
0.0
206.6
Haiti Earthquake Response */
2,639.6
2,071.0
1,497.6
1,142.0
549.7
545.4
537.3
12.4 2,479.8
Honduras - Human Rights Adviser Mexico - Country Office
4,998.0
1,402.7
2,518.2
Nicaragua - Human Rights Adviser
217.6
101.3
217.6
0.0
Paraguay - Human Rights Adviser
778.7
398.7
233.7
545.0
South America, Chile - Regional Office
1,506.8
385.9
581.8
925.0
42,980.9
18,996.2
21,372.6
21,608.3
Afghanistan - Peace Mission Support
2,095.2
293.8
1,196.4
898.8
Cambodia - Country Office
2,158.9
583.9
906.9
1,252.0
200.2
127.4
200.2
0.0
13,539.8
5,073.4
6,843.2
6,696.6
1,157.8
17.2
1,157.8
0.0
315.4
753.9
315.4
0.0
1,705.1
500.0
902.1
803.0
784.0
290.3
426.2
357.8
19.8
19.8
19.8
0.0
1,858.1
1,212.5
1,210.0
648.1
870.4
150.4
411.7
458.7
Sub-total Americas ASIA AND THE PACIFIC
Indonesia - Human Rights Adviser Nepal - Country Office Nepal - MDTF/PBF joint programme for transitional justice */ Nepal - MDTF/PBF joint programmes for reparations, conflicts and child rights violations */ Pacific, Suva - Regional Office Papua New Guinea - Human Rights Adviser Papua New Guinea - MDTF/UN Country Programme */ South-East Asia, Bangkok - Regional Office Sri Lanka - Human Rights Adviser Timor-Leste - Peace Mission Support Sub-total Asia and the Pacific
1,364.4
546.0
673.4
691.0
26,069.1
9,568.6
14,263.1
11,806.0
EUROPE AND CENTRAL ASIA Albania - Human Rights Adviser (Action 2)
133.1
4.0
133.1
0.0
Central Asia, Bishkek - Regional Office
1,241.6
347.1
566.3
675.3
Europe, Brussels - Regional Office
1,198.5
205.8
543.8
654.7
Province of Kosovo - Stand-alone Office
1,452.5
487.5
618.5
834.0
Kyrgyzstan */
2,985.5
1,946.1
985.5
2,000.0
517.6
201.7
245.9
271.7
Moldova - Human Rights Adviser Russian Federation - Human Rights Adviser
2,295.6
809.1
847.4
1,448.2
South Caucasus - Human Rights Adviser
1,951.2
1,072.2
827.9
1,123.3
175.5
48.4
0.0
175.5
11,951.1
5,121.9
4,768.4
7,182.7
Ukraine - Human Rights Adviser Sub-total Europe and Central Asia MIDDLE EAST AND NORTH AFRICA Iraq - Peace Mission Support
173.3
0.0
0.0
173.3
Mauritania - Country Office
1,404.9
429.6
377.2
1,027.7
Middle East, Beirut - Regional Office
2,980.9
877.0
1,452.4
1,528.5
48.0
0.0
0.0
48.0
Occupied Palestinian Territory - Stand-alone Office
5,030.6
1,575.2
2,234.4
2,796.2
Qatar - South-West Asia and the Arab Region Training and Documentation Centre
1,707.8
641.3
702.0
1,005.8
North Africa - Regional Office
8
OHCHR REPORT 2010
93
FINANCIAL STATEMENTS
OHCHR's Programmes Yemen - Human Rights Adviser
Revised requirements 2010-2011
Income 2010
231.9
Expenditure 2010 72.5
2.8
Projected requirements 2011 229.1
Sub-total Middle East and North Africa
11,577.4
3,595.6
4,768.8
6,808.6
TOTAL FIELD PRESENCES
128,121.1
54,340.9
62,492.8
65,628.3
TOTAL HEADQUARTERS AND FIELD PRESENCES
227,846.8
99,358.5
109,635.2
118,211.6
27,283.8
9,737.8
13,034.5
14,249.3
HUMANITARIAN TRUST FUNDS Voluntary Fund for Victims of Torture Voluntary Fund for Indigenous Populations
1,070.8
168.3
551.1
519.7
Voluntary Trust Fund on Contemporary Forms of Slavery
2,006.8
545.1
920.8
1,086.0
30,361.4
10,451.2
14,506.4
15,855.0
TOTAL HUMANITARIAN TRUST FUNDS Other income/expenditure not reported above GRAND TOTAL OHCHR
1,377.0
3,993.7
1,377.0
0.0
259,585.2
113,803.4
125,518.6
134,066.6
'*/ Additional programmes' activities approved by the Strategic Management Team during 2010 '**/ Additional programmes' activities to be approved by the Strategic Management Team for 2011
94
OHCHR REPORT 2010
FINANCIAL STATEMENTS
OHCHR REPORT 2010
95
FUNDS ADMINISTERED BY OHCHR
Funds administered by OHCHR Voluntary contributions to support OHCHR’s activities at headquarters and in the field are channeled and managed through nine trust funds. This chapter provides a short description of each of these funds, including information on voluntary contributions received in 2010 for each of them. Additional financial information related to these funds can be found in the statement of extrabudgetary income and expenditure in 2010 (on page 88). In addition, this chapter describes two small funds managed by OHCHR, although they are not established as separate trust funds under the United Nations Financial Regulations and Rules (the OPCAT Special Fund and the Contingency Fund).
United Nations Trust Fund for the Support of the Activities of the High Commissioner for Human Rights The United Nations Trust Fund for the Support of the Activities of the High Commissioner for Human Rights was established by the Secretary-General in 1993 to cover contributions intended to support the substantive work programme of the then Centre for Human Rights, and to supplement existing regular budget resources. The Fund has since been used as a general funding pool to support a wide range of OHCHR activities. It is the largest fund administered by OHCHR, through which approximately 70 per cent of all extrabudgetary funds available (including unearmarked funds) and of expenditure incurred in 2010 were managed. Detailed information on activities implemented and voluntary contributions managed through this fund are described throughout the chapters presented in the enclosed CD.
United Nations Voluntary Fund for Technical Cooperation The United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights was established by the Secretary-General in 1987 in response to the former Commission on Human
96
OHCHR REPORT 2010
Rights resolution 1987/83. The Fund provides resources to support national efforts at building a strong rights framework. Support is provided to promote and establish strong legal frameworks, effective national human rights institutions (NHRIs), independent judiciaries and vibrant civil society organizations. Since 1993, a Board of Trustees, appointed by the Secretary-General, has provided administrative and operational advice, evolving in recent years to advising OHCHR on policy orientation, global vision and strategy on technical cooperation at a broader programme level. The Board meets twice a year to review the programmes it supports; discuss thematic issues, methodologies and procedures; examine financial, administrative and fundraising matters; and brief Member States on progress and achievements. The Board met for its 32nd session from 22 February to 2 March 2010 and its 33rd session on 4 to 7 October 2010. The Voluntary Fund for Technical Cooperation is the second largest trust fund administered by OHCHR. For the year 2010, the Fund received US$15.9 million in new contributions. Funding was used to implement OHCHR technical cooperation activities – including many of the activities referred to in the chapter on field operations – in 30 countries or territories: Afghanistan, Bolivia, Côte d’Ivoire, Ecuador, Georgia, Great Lakes (Burundi), Guinea, Honduras, Indonesia, Kenya, Kosovo, Liberia, Madagascar, Mauritania, Mexico, Nicaragua, Niger, the occupied Palestinian territory, Papua New Guinea, Paraguay, the Republic of Moldova, the Russian Federation, Rwanda, Sierra Leone, Somalia, Sri Lanka, the Sudan, Timor-Leste, Togo and Ukraine. Activities implemented through the Fund have resulted in: efforts at country level to incorporate international human rights standards into national laws, policies and practices; the establishment of more sustainable national capacities to adhere to these standards; strengthened administration of justice; greater emphasis on the development of human rights education programmes; the establishment of responsive national human rights institutions; the deployment of human rights advisers to UN country teams; and the development of national plans of action for the promotion and protection of human rights.
FUNDS ADMINISTERED BY OHCHR
Voluntary Fund for Technical Cooperation (VFTC) Voluntary contributions in 2010 Donor
US$
Earmarking
Austria
134,563
VFTC
Finland
207,152
VFTC
Germany
616,523
VFTC
India
50,000
VFTC
Korea, Rep. of
285,000
VFTC
Liechtenstein
18,450
VFTC
2,000
VFTC
South Africa
22,523
VFTC
Switzerland
1,295,337
VFTC
United States of America
1,425,000
VFTC
(a) total contributions earmarked to VFTC
4,056,546
Panama
Austria Japan
Organisation Internationale de la Francophonie
91,575
Occupied Palestinian Territory
50,000
Occupied Palestinian Territory
150,000
Sri Lanka
20,330
Great Lakes Region (initiative for the fight against impunity in the Great Lakes Region)
2,726
Haiti (seminar on human rights standards, rule of conduct)
Russian Federation
400,000
Russian Federation (consolidation of the Human Rights Master Programme)
Spain
133,869
Afghanistan
550,964
Kenya
137,741
Rwanda
180,000
Sudan (strengthening the human rights capacity in Darfur)
Sweden Switzerland (b) total contributions earmarked to specific projetcs
1,717,206
Unearmarked funds allocated to VFTC
10,087,214
(c) total unearmarked funds
10,087,214
TOTAL (a) + (b) + (c)
Unearmarked
15,860,966
United Nations Trust Fund for a Human Rights Education Programme in Cambodia The United Nations Trust Fund for a Human Rights Education Programme in Cambodia was established by the Secretary-General in 1992. The Fund was set up as a financial mechanism, financed through voluntary contributions and administered by OHCHR, to contribute to the development and implementation of a human rights education programme to promote the understanding of and respect for human rights in Cambodia. It has since been used to implement all of the activities of OHCHR’s Office in Cambodia
(detailed information on the activities carried out in Cambodia in 2010 can be found on pages 175-177 of the CD). In 2010, the Fund received US$494,353 in voluntary contributions.
Trust Fund for a Human Rights Education Programme in Cambodia Voluntary contributions in 2010 Donor
US$
Japan
150,000
Sweden
344,353 TOTAL
494,353
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United Nations Trust Fund for Action to Combat Racism and Racial Discrimination The United Nations Trust Fund for the Programme of the Decade for Action to Combat Racism and Racial Discrimination was established by the Secretary-General in 1976. The Fund was set up as a financial mechanism to implement activities planned in the context of the First Decade to Combat Racism and Racial Discrimination (1973-1982). The Fund was then used for activities during the second and third decades to combat racism and racial discrimination (1983-1992 and 1994-2003 respectively) as well as to cover expenditures related to the 2001 World Conference in Durban, South Africa, and its Review Conference, which took place in Geneva in 2009. There are no further activities planned under this Trust Fund and it may be closed by the end of 2011. The Office of the High Commissioner for Human Rights will continue to implement focused activities as part of its programme to combat racism and racial discrimination, as detailed in the current Strategic Management Plan.
United Nations Voluntary Fund for Participation in the UPR Mechanism The United Nations Voluntary Fund for Participation in the Universal Periodic Review (UPR) mechanism was established by the Secretary-General in 2008 pursuant to Human Rights Council (HRC) resolution 6/17. This Fund was set up as a financial mechanism to provide: (a) funding for the travel of official representatives of developing countries, and in particular the least developed countries, to Geneva to present the national report, take part in the ensuing interactive dialogue and be involved in the adoption of the report in the UPR Working Group sessions in which their countries are considered; (b) funding for the travel of official representatives of developing countries that are members of the HRC but do not have a permanent mission in Geneva, to act as rapporteur (i.e. member of the ‘troika’); and (c) training for Member States in the preparation of national reports. The Fund is financed through voluntary contributions and administered by OHCHR. In 2010, the Fund received US$682,279 in voluntary contributions. During 2010, OHCHR continued to use available funds to organize UPR pre-session briefings to assist States in preparing their national report and to prepare for their review, and to financially assist the official representatives of developing countries under review to enable them to travel to Geneva to
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participate in the UPR session. A total of eight seminars were held in Africa, Asia and the Pacific, Europe, Latin America and the Caribbean, which were attended by the officials of Governments concerned, stakeholders, NHRIs and the representatives of UN agencies; 347 people (114 of them women) benefitted from the briefings. A number of officials from various States participated as resource persons to share the experiences of their countries with the UPR. The briefings allowed States to become better acquainted with the UPR process in areas such as the national consultation process, the preparation of the national report, the review in the working group and the Council plenary and the follow-up of UPR recommendations. Overall, the briefings contributed to ensuring that national reports were submitted in a timely manner for the 7th, 8th and 9th sessions of the UPR Working Group. In organizing these briefings, OHCHR strengthened its partnerships with UN country teams, as well as with international organizations such as the Organisation Internationale de la Francophonie (OIF) and the Commonwealth Secretariat. Travel assistance was provided to the representatives of the following 23 countries: Angola, Armenia, Bolivia, El Salvador, Fiji, Grenada, Guinea, Guinea-Bissau, Honduras, Jamaica, Kenya, Kiribati, Kyrgyzstan, Lao People’s Democratic Republic, Lesotho, Liberia, Malawi, Maldives, Marshall Islands, Mauritania, Micronesia, Mongolia, and Nicaragua.
Voluntary Fund for Participation in the UPR Voluntary contributions in 2010 Donor
US$
Colombia
26,668
Denmark
359,002
Germany
246,609
Kuwait
50,000 TOTAL
682,279
United Nations Voluntary Fund for Financial and Technical Assistance for the Implementation of the UPR The United Nations Voluntary Fund for Financial and Technical Assistance for the Implementation of the Universal Periodic Review was established by the Secretary-General in 2008 pursuant to HRC resolution 6/17. This financial mechanism was set up with a view to provide, in conjunction with multilateral funding mechanisms, a source of financial and technical assistance to help countries
FUNDS ADMINISTERED BY OHCHR
implement recommendations emanating from the UPR, in consultation with, and with the consent of, the country concerned. In 2009, the terms of reference for this Fund were defined to provide funding for: u The dissemination of information on the UPR outcomes with a view to mobilizing support for countries concerned; the integration of the UPR outcomes into United Nations common country programming documents, including the United Nations Development Assistance Framework (UNDAF). u The coordination of United Nations, multilateral and bilateral action in support of the UPR outcomes, including the conducting of needs assessments as well as the formulation of programmes and projects aimed at implementing UPR outcomes. u The exchange of information and sharing of best practices, including through the organization of regional and sub-regional meetings, seminars, consultations and other interactions. u The development of national capacity and expertise for the implementation of the UPR outcomes. u The co-funding of programmes and projects aimed at implementing the UPR outcomes. u The regular follow-up, with the national bodies and institutions concerned, of actions to implement the UPR recommendations. While the first cycle of the UPR is to be completed in 2011, a number of States have voluntarily started to share information on progress to date. OHCHR is involved in assisting Member States, at their request, to establish follow-up mechanisms and advance the implementation of key recommendations and voluntary commitments. As per HRC resolution 5/1, during the second cycle States will be reporting on progress made in the implementation of UPR outcomes. The Fund is financed through voluntary contributions and administered by OHCHR. In 2010, the Fund received US$358,025 in voluntary contributions. During 2010, OHCHR adopted a comprehensive and holistic approach to promoting and supporting the follow-up and implementation of UPR outcomes and recommendations, in line with the High Commissioner’s mandate and OHCHR’s priorities and thematic strategy on “Strengthening human rights mechanisms and the progressive development of international human rights law” as reflected in the 2010-2011 Strategic Management Plan. It also facilitated the sharing of experiences. In cooperation with the UNDP Regional Offices and the Commonwealth Secretariat, two subregional meetings to share experiences on follow-up to UPR outcomes and the
implementation of recommendations were held for West and Central African countries and for East and South African countries. Assistance was provided upon formal requests to Cape Verde, Tuvalu, Ecuador, the Republic of the Congo, Burkina Faso and Chad. In most countries with a human rights presence, OHCHR is involved in assisting States and stakeholders in the follow-up to UPR outcomes and recommendations. Discussions on strategies to follow up on UPR outcomes have led to the elaboration of comprehensive national road maps or action plans reviewing UPR recommendations and voluntary pledges and/or commitments together with those from other UN human rights mechanisms; identifying priorities amongst all recommendations; identifying immediate and priority actions; identifying available and necessary resources; and identifying the appropriate State-lead agency and the relevant national and international partners. The follow-up to UPR outcomes has further facilitated OHCHR’s engagement with countries on specific thematic issues, such as ratification of international human rights instruments, meeting reporting obligations to treaty bodies, the issuance of open and standing invitations for country visits by special procedures mandate-holders, the establishment and strengthening of NHRIs in line with the Paris Principles, the elaboration of human rights action plans, cooperation with OHCHR, and other key human rights issues.
Voluntary Fund for Implementation of the UPR Voluntary contributions in 2010 Donor
US$
Japan
100,000
Russian Federation
150,000
United Kingdom
108,025 TOTAL
358,025
Humanitarian funds OHCHR also acts as the secretariat for three grant-making funds, known as the humanitarian trust funds. These funds are the Voluntary Fund for Victims of Torture, the Voluntary Trust Fund on Contemporary Forms of Slavery, and the Voluntary Fund for Indigenous Populations. Each was established by a resolution of the UN General Assembly (GA) with the purpose of providing financial support to individuals and NGOs working in related human rights fields. These funds, which are financed through voluntary contributions, are
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FUNDS ADMINISTERED BY OHCHR
formally administered by the Secretary-General, acting on the advice of a Board of Trustees that distributes the funds through grants, in accordance with the funds’ mandates. In 2010, 32 Member States and a handful of private donors made contributions to these three funds totalling US$10.1 million, a 15.8 per cent decrease compared with the level of contributions in 2009. Contributions to these funds are not used to support OHCHR’s wider work.
United Nations Voluntary Fund for the Victims of Torture The United Nations Voluntary Fund for Victims of Torture, established in 1981 by GA resolution 36/151, helps to ease the physical and psychological effects of torture on victims and their families. The Fund provides grants to organizations that offer psychological, medical and social assistance, legal aid and financial support. It also finances training programmes, seminars and conferences, allowing health professionals, social workers and lawyers to exchange experiences and develop new strategies to address the needs of torture victims. The Fund’s Board of Trustees is composed of five persons and its mandate is to advise the UN Secretary-General on the use of funds. The Board meets twice a year to determine priorities, review the workings of the Fund and make decisions on grants. It held its 32nd
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and 33rd sessions in February 2010 and October 2010 respectively. In 2010, the Fund received approximately US$9.4 million in contributions from 25 donors (including 23 Member States), a decrease of 13.8 per cent compared to 2009, when 31 donors supported its activities. In 2010, 289 grants amounting to some US$10.6 million were awarded by the Board (out of 375 grant applications examined and evaluated for project grants seeking more than US$22 million) for activities providing direct assistance to victims of torture and their families as well as providing training and organizing seminars for professionals assisting victims in more than 70 countries in Africa, Asia, Central Asia, Latin America and Eastern Europe. Landmark cases were supported at the European Court of Human Rights and other international and domestic courts. Emergency assistance was also provided to victims of torture in Guinea, Honduras and Kyrgyzstan. The members of the Board of Trustees and the secretariat of the Fund were particularly concerned in 2010 by the growing gap between demands and available financial resources, as well as by the fact that an extremely limited number of applications is received every year from some of the priority regions set by the Board, inter alia, Central Asia and Portuguese-speaking Africa. Efforts to attract applications are being made, including accepting communications in Russian language.
FUNDS ADMINISTERED BY OHCHR
Voluntary Fund for Victims of Torture Voluntary contributions in 2010 Donor Algeria Andorra Argentina Austria Canada Chile Czech Republic Denmark Finland France Germany Iceland Ireland Korea, Rep,of Kuwait Liechtenstein Luxembourg Morocco Norway South Africa Spain Turkey USA Other individual donors
US$ 5,000 28,550 2,336 134,926 57,803 10,000 10,272 320,701 180,025 269,179 493,218 20,000 111,402 95,000 10,000 23,063 34,722 3,000 164,826 15,015 334,672 10,000 7,100,000 316 TOTAL
9,434,026
United Nations Voluntary Trust Fund on Contemporary Forms of Slavery The United Nations Voluntary Trust Fund on Contemporary Forms of Slavery was established in 1991 by GA resolution 46/122. The Fund provides financial assistance to grassroots non-governmental organisations (NGOs) assisting victims of contemporary forms of slavery to help them recover their lives and dignity. Contemporary forms of slavery include serfdom, forced labour, bonded labour, trafficking in persons and in human organs, the worst forms of child labour, forced marriage, and sales of wives and child soldiers. It also supports rehabilitation centres which provide housing, food, as well as medical and psychological support for sexually and physically abused children, victims of forced labour, forced marriages and trafficking. Legal assistance is provided to forced and bonded laborers as well as victims of trafficking to enable them to obtain access to justice. Finally, the Fund supports vocational and educational programmes for victims and helps them recover financial autonomy through income-generating activities. The Fund is administered
by OHCHR on behalf of the UN Secretary-General, acting on the advice of a five-member Board of Trustees. The Board meets annually to determine priorities, review the work of the Fund and approve grants. It held its fifteenth session in December 2010. In 2010, the Fund received US$485,130 from 10 donors, a decrease of 45.3 per cent compared to 2009, when 13 donors supported its activities. In 2010, 61 project grants totaling US$556,000 were awarded by the Board (out of 243 applications examined and evaluated for project grants from 61 countries seeking approximately US$3,754,000) to assist non-governmental organizations in 47 countries. Following the development of new frameworks for monitoring and pre-screening projects, 63 project grants approved in 2009 (totaling US$726,000 and providing assistance to 25,611 victims of slavery in 45 countries) were processed and monitored in 2010. Four fellows gained first-hand experience, knowledge and skills in the field of international human rights and on contemporary forms of slavery. The Fund managed to implement 18 out of the 22 recommendations made by the United Nations Office of Internal Oversight Services to the Fund, which significantly increased its impact and effectiveness. The coordination between the Fund and other UN bodies and mechanisms dealing with contemporary forms of slavery was also enhanced. An online application process will be developed in 2011 to facilitate the process. The growing gap between grant requests and available financial resources is an important source of concern for the members of the Board of Trustees and the secretariat of the Fund (in 2009-2010, about 75 per cent of the applications received had to be turned down).
Voluntary Trust Fund on Contemporary Forms of Slavery Voluntary contributions in 2010 Donor Cyprus
US$ 3,481
Egypt
5,000
Germany
369,914
Holy See
1,477
Israel
5,000
Japan
30,000
South Africa
7,508
Spain
26,774
Turkey
6,000
UAE
29,977 TOTAL
485,130
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FUNDS ADMINISTERED BY OHCHR
United Nations Voluntary Fund for Indigenous Populations The United Nations Voluntary Fund for Indigenous Populations was established in 1985 by GA resolution 40/131, with the purpose of providing indigenous peoples with the opportunity to raise issues faced by their communities at the international level and to contribute to the development of international standards and national legislation for the protection of their rights. Since its establishment in 1985, the Fund has provided support to more than a thousand indigenous representatives, thereby ensuring that the voices and concerns of indigenous peoples are heard by the Member States of the United Nations. In November 2010, the GA adopted a resolution to expand the mandate of the Fund so that in addition to the participation in the Permanent Forum on Indigenous Issues and Expert Mechanism on the Rights of Indigenous Peoples, the Fund can be used to support indigenous participation in sessions of the HRC and treaty bodies. The Fund is administered by OHCHR on behalf of the UN Secretary-General, acting on the advice of a five-member Board of Trustees. The Board meets annually to determine priorities, review the work of the Fund and approve grants in the form of travel subsidies for representatives of indigenous peoples around the world. It held its twenty-third session in February 2010. In 2010, the Fund received US$149,326 from nine donors, a 42.1 per cent decrease compared to 2009, when 12 donors supported its activities. In 2010, following efforts to increase the diversity of applicants, a greater number of applications was received from underrepresented countries and regions; 101 travel grants amounting to US$412,524 were awarded (out of 330 applications examined and evaluated amounting to approximately US$1.16 million) to allow representatives of indigenous communities and organizations to attend the ninth session of the Permanent Forum on Indigenous Issues and the third session of the Expert Mechanism on the Rights of Indigenous Peoples. A directory of past beneficiaries of the Fund was developed to enhance the effectiveness of the secretariat and track records of the performance of the grantees. A network of beneficiaries of the Fund was established to share best practices and build upon each others’ experiences. Human rights training sessions for the grantees of the Fund were organized prior to the sessions of the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples in order to increase their capacity for effective participation in these mechanisms.
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Following their participation in the sessions of the Permanent Forum and Expert Mechanism, indigenous peoples launched new projects with cooperation agencies and NGOs, initiated dialogue with their respective governments and national institutions at national level, and followed up recommendations made by the special procedures mandate-holders and the treaty bodies. Due to the increasing gap between the number of grant requests and funds available, at least 90 per cent of the applications received in 2010 will have to be turned down. The expansion of the mandate of the Fund to enable indigenous peoples to attend sessions of treaty bodies and the HRC will require new procedures and methodologies.
Voluntary Fund for Indigenous Populations Voluntary contributions in 2010 Donor
US$
Algeria
5,000
Chile
5,000
Estonia
8,119
Finland
22,195
Germany
67,295
Holy See
977
Mexico
17,353
Spain
13,387
Turkey
10,000 TOTAL
149,326
Optional Protocol to the UN Convention against Torture Special Fund The Optional Protocol of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was adopted by the GA of the United Nations on December 2002 and entered into force in June 2006. The OPCAT created a two-pillar system, at international and national levels, designed to prevent torture and other forms of ill-treatment in all places of detention, and established the Subcommittee on the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), which became operational in February 2007. The SPT has an operational function which consists of visiting all places of detention in States Parties, and an advisory function which consists of providing assistance and advice to both States Parties and National Preventive Mechanisms. In addition, the SPT cooperates, for the prevention of
FUNDS ADMINISTERED BY OHCHR
torture in general, with the relevant UN organs and mechanisms as well as with international, regional and national institutions or organizations. The SPT presents a public annual report on its activities to the Committee against Torture and convenes three times a year for one-week sessions at the United Nations Office in Geneva.
presences to cover emergencies. The Fund, which is financed by voluntary contributions, aims to hold around US$1 million at any time. Advance funding is drawn from the Fund for rapid response activities; when contributions for the activity are later received from other sources, the Contingency Fund is reimbursed to restore its operational level.
The OPCAT also provides for the creation of a Special Fund to help finance the implementation of recommendations made by the SPT after a visit to a State Party, and to support national education programmes to prevent torture. The Special Fund is financed through voluntary contributions and administered by OHCHR. In 2010, the Fund received US$861,134 from three donors. The arrangements regarding its operationalization are to be finalized in 2011 and the following issues should form the parameters for calls for applications under the Special Fund: (a) notification of detainees' rights; (b) improving educational and vocational activities for juveniles in detention; (c) basic training programmes for detention personnel (with the inclusion of a focus on health care); and (d) any other specific recommendation in the visit report that details a pressing and compelling need.
Since the inception of the Fund, the ability of OHCHR headquarters to provide conceptual and operational support to unforeseen mandates or situations requiring a rapid response has greatly improved. To date, OHCHR has used the Fund to deploy four election monitoring missions, six crisis support missions, one fact-finding mission and two human rights assessment missions, including the following in 2010:
OPCAT Special Fund Voluntary contributions in 2010 Donor
US$
Czech Republic
10,272
Spain
26,774
u u u u
Haiti: Crisis Support Mission (January 2010) Togo: Human Rights Assessment Mission (February 2010) Guinea: Election Monitoring Mission (June-July 2010) Kyrgyzstan: Crisis Support Mission (July 2010)
In addition to supporting these missions, the Contingency Fund was used to establish a stock of revolving emergency vehicles in November 2008 to increase OHCHR’s capacity to respond promptly to human rights crises on the ground.
Contingency Fund
In the past four years, the Fund has become a crucial tool for ensuring that OHCHR has the capacity to deploy at short notice personnel that are trained, adequately equipped and logistically supported, to respond to emerging human rights crises, support mandates given by the HRC and other UN bodies, or respond to requests made by UN country teams or UN peace missions.
The OHCHR Contingency Fund is a flexible funding mechanism established to fund the urgent deployment of personnel and other expenses associated with rapid response activities and to facilitate the implementation of activities within the priorities, overall strategies and policies of OHCHR. The fund was established in October 2006 in recognition of the need to respond to human rights emergency situations in a timely manner. In the past, due to a lack of immediately available financial resources, OHCHR has not been suitably equipped to respond to rapid response needs such as the establishment of fact-finding missions, commissions of inquiry or surge deployments to existing field
Since its establishment in 2006, donors have provided US$1,730,943.82 to the Fund. No voluntary contribution was received in 2010. As of December 2010, US$1,302,942.02 had been disbursed or obligated to fund the abovementioned activities. US$166,186.60 raised to help pay the costs of these activities was subsequently paid back into the Fund, in accordance with the principle that it should operate as a “revolving fund”. As a result, the balance stood at US$594,188 at the end of 2010. Additional financial support is presently being sought to return the balance to the target level of US$1.13 million (including 13 per cent programme support costs).
United Kingdom
824,089 TOTAL
861,134
OHCHR REPORT 2010
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ANNEX I: ABBREVIATIONS
Annex I: Abbreviations ASEAN
Association of Southeast Asian Nations
EU
European Union
AU
African Union
FAO
Food and Agriculture Organization
AWP
Annual Work Plan
FGM
Female Genital Mutilation
CAP
Consolidated Appeals Process
GCC
Gulf Cooperation Council
CAR
Central African Republic
GBV
Gender-Based Violence
CAT
Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
HRA
Human Rights Adviser
HRBA
Human Rights-Based Approach
HRC
Human Rights Council
HRTJS
Human Rights and Transitional Justice Section
IACHR
Inter-American Commission on Human Rights
IASC
Inter-Agency Standing Committee
CCA
Common Country Assessment
CCD
Common Core Document
CEDAW
- Convention on the Elimination of All Forms of Discrimination against Women - Committee on the Elimination of Discrimination against Women
CERD
Committee on the Elimination of Racial Discrimination
IASG
Inter-Agency Support Group
ICC
International Criminal Court
CERF
Central Emergency Response Fund
CESCR
Committee on Economic, Social and Cultural Rights
ICC (NHRIs) International Coordinating Committee of National Human Rights Institutions
CMW
Committee on Migrant Workers
CoE CRC CRPD
ICCPR
International Covenant on Civil and Political Rights
Council of Europe
ICED
- Convention on the Rights of the Child - Committee on the Rights of the Child
International Convention for the Protection of All Persons from Enforced Disappearance
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination
ICESCR
International Covenant on Economic, Social and Cultural Rights
ICGLR
International Conference on the Great Lakes Region
- Convention on the Rights of Persons with Disabilities - Committee on the Rights of Persons with Disabilities
CSO
Civil Society Organization
DDPA
Durban Declaration and Programme of Action
ICPRD
Independent Commission for People's Rights and Development
DFS
Department of Field Support
ICRMW
DPA
Department of Political Affairs
DPKO
Department of Peacekeeping Operations
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
ICRC
International Committee of the Red Cross
DRC
Democratic Republic of the Congo
IDP
Internally Displaced Person
ECCAS
Economic Community of Central African States
IE
Independent Expert
ECESA
Executive Committee of Economic and Social Affairs
IHL
International Humanitarian Law
ILO
International Labour Organization
ECHA
Executive Committee on Humanitarian Affairs
INHRC
Independent National Human Rights Commission
ECHO
European Commission Humanitarian Office
IOM
International Organization for Migration
ECOWAS
Economic Community of West African States
LAS
League of Arab States
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ANNEX I: ABBREVIATIONS
LGBT
Lesbian, Gay, Bisexual and Transgender
RC
Resident Coordinator
MDGs
Millennium Development Goals
SGBV
Sexual and Gender-Based Violence
MERCOSUR
Southern Cone Common Market
SMP
Strategic Management Plan
MoU
Memorandum of Understanding
NGO
Non-Governmental Organization
SRSG
Special Representative of the Secretary-General
NHRAP
National Human Rights Action Plan
NHRI
National Human Rights Institution
OAS
TJRC
Truth, Justice and Reconciliation Commission
Organization of American States
TRC
Truth and Reconciliation Commission
OCHA
Office for the Coordination of Humanitarian Affairs
UDHR
Universal Declaration of Human Rights
UNCT
United Nations Country Team
OHCHR
Office of the High Commissioner for Human Rights
UNDAF
United Nations Development Assistance Framework
OIC
Organisation of the Islamic Conference
UNDEF
United Nations Democracy Fund
OIF
International Organization of the Francophonie
UNDG
United Nations Development Group
OIOS
United Nations Office of Internal Oversight Services
UNDP
United Nations Development Programme
UNFPA
United Nations Population Fund
UNHCR
United Nations High Commissioner for Refugees
OPCAT
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
UNICEF
United Nations Children's Fund
Optional Protocol to the Convention on the Rights of the Child
UNIFEM
United Nations Development Fund for Women
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
UNOG
United Nations Office at Geneva
UNOPS
United Nations Office for Project Services
OP-ICCPR
Optional Protocol to the International Covenant on Civil and Political Rights
UNPBF
United Nations Peacebuilding Fund
UNV
United Nations Volunteers
OSCE
Organization for Security and Cooperation in Europe
UPR
Universal Periodic Review
PAHO
Pan American Health Organization
WFP
United Nations World Food Programme
PCWG
Global Protection Cluster Working Group
WHO
World Health Organization
OP-CRC OP-ICESCR
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ANNEX II: EXPECTED ACCOMPLISHMENTS
Annex II: Expected Accomplishments OHCHR has 11 expected accomplishments, as set out in the Strategic Management Plan 2010-2011.
Relating to changes in national protection systems 1. Increased compliance with international human rights standards by all States entities, including national human rights institutions and the Judiciary, as well as with domestic laws, policies and programmes (EA1) 2. Increased ratification of international and regional human rights instruments and review of reservations of international human rights instruments (EA2) 3. Justice and accountability mechanisms established and functioning in accordance with international human rights standards to monitor, investigate and redress civil and political, as well as economic, social and cultural human rights violations (EA3) 4. Increased number of measures taken to improve access of discriminated groups, and particularly women, to justice and basic services (EA4) 5. Right-holders, specially discriminated groups, and particularly women, increasingly use existing national protection systems and participate in decision-making processes and the development and monitoring of public policies (EA5)
Relating to changes in the international protection system or its use 6. Increased compliance and engagement by States with UN human rights mechanisms and bodies (treaty bodies, special procedures, Human Rights Council/Universal Periodic Review – UPR) (EA6) 7. Increased number and diversity of rights-holders and national human rights institutions and civil society actors acting on their behalf making use of UN and regional human rights mechanisms and bodies (EA7) 8. International and regional human rights law and institutions progressively strengthened and/or developed (EA8) 9. Enhanced coherence and consistency of UN human rights mechanisms and bodies (EA9)
Relating to changes in the involvement of other international actors in human rights work 10. International community increasingly responsive to critical human rights situations and issues (EA10) 11. Increased integration of human rights standards and principles, including the right to development, into UN system policies and programmes with respect to development, humanitarian action, peace and security and economic and social issues (EA11)
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ANNEX III: GLOBAL MANAGEMENT OUTPUTS AND MONITORING FRAMEWORK
Annex III: Global Management Outputs and Monitoring Framework OHCHR has eight global management outputs, as set out in the Strategic Management Plan 2010-2011. Output 1: Understanding of OHCHR strategic direction is shared across the Office, with coordination and communication strengthened between management and staff, between HQ and field presences, and among divisions (GMO1) Output 2: Strategic decisions are made in a timely and transparent manner, and effectively implemented and followed-up (GMO2) Output 3: Increased effectiveness of OHCHR’s lead role in partnerships for human rights mainstreaming (GMO3) Output 4: Increased effectiveness in servicing human rights mechanisms and in supporting follow-up to their recommendations (GMO4) Output 5: Increased effectiveness and efficiency in supporting field operations (GMO5) Output 6: OHCHR staff have necessary competencies and skills to implement OHCHR global thematic strategies, and to consistently adopt and diligently achieve related targets (GMO6) Output 7: OHCHR website supports OHCHR’s mission and priorities and meets the needs of users (GMO7) Output 8: Resource mobilized in a diversified and sustainable way, with flexible use for OHCHR (GMO8)
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ANNEX IV: OHCHR’S ORGANIZATIONAL CHART
Annex IV: OHCHR’s Organizational Chart
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OHCHR IN THE FIELD: INTRODUCTION
OHCHR in the Field: Introduction Supporting the work of human rights field presences and leading OHCHR’s advocacy of the protection and promotion of human rights are the main functions of the Field Operations and Technical Cooperation Division (FOTCD), working in cooperation with other parts of the Office, UN partners, government actors, regional organizations, civil society, and national human rights institutions. FOTCD also provides senior United Nations officials, in particular the High Commissioner, with strategic advice regarding human rights matters when engaging with Member States and regional organizations. Based on dialogue with national counterparts, the Office’s activities at country level (through headquarters or field presences) aim at preventing and reducing human rights violations. This occurs mainly through strengthening national protection systems, ensuring that government authorities are aware of their human rights obligations, and designing effective remedies to overcome obstacles to the realization of human rights.
© UN Photo/Logan Abassi
Through its programmes in the field, OHCHR likewise seeks to ensure that national authorities and civil society actors have the capacity to address human rights concerns and are better informed about international human rights standards and how to translate these into laws, regulations and policies,
ensuring that rights-holders are better protected and empowered. In particular, OHCHR supports efforts to establish or strengthen justice and accountability mechanisms at national level, including better monitoring and investigation and redress of violations of civil, political, economic, social and cultural rights. In 2010, OHCHR established, in agreement with the Government, a Country Office in Guinea. After the signature of a country host agreement with the Government of Mauritania in 2009, OHCHR’s Country Office in Mauritania became operational in 2010. Human rights advisers (HRAs) were deployed to UN country teams in Honduras, Paraguay and Tajikistan. Following a Security Council decision, the mandate of the United Nations Integrated Office in Burundi was transitioned to the United Nations Office in Burundi. The mandate of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo was transitioned to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, and the United Nations Mission in the Central African Republic and Chad completed its mandate. The HRA posts in Albania, Guinea, Indonesia and Nicaragua were discontinued. At the end of 2010, OHCHR was running or supporting 54 field presences.
Camp for persons displaced after the earthquake in Port-au-Prince, Haiti.
OHCHR IN THE FIELD: INTRODUCTION
Types of Field Presence OHCHR field presences fall into two categories: stand-alone presences (comprising OHCHR country/stand-alone offices and OHCHR regional offices/centres) and collaborative arrangements (comprising the human rights components of peace missions, with dual reporting lines to the head of the mission and to the High Commissioner, and HRAs placed in the Office of the UN Resident Coordinator). The decision to establish an OHCHR country or regional office is typically made in consultation with the Government concerned. It also takes into account the human rights situation, security considerations, the presence and role of other international actors on the ground, as well as available human and financial resources, administrative arrangements, and the scope of the activities to be undertaken.
Country/stand-alone offices OHCHR country/stand-alone offices are established on the basis of a standard agreement between OHCHR and the host Government. The mandate of a country/stand-alone office includes human rights monitoring, protection, technical cooperation activities and reporting. The activities of these offices are developed in consultation with the concerned Government, based on an assessment of human rights concerns and the capacity of national and international actors involved in human rights work, as well as on the most effective means available to OHCHR for addressing gaps. Country and stand-alone offices are mostly funded by voluntary contributions. At the end of 2010, OHCHR had 10 Country Offices in Bolivia, Cambodia, Colombia, Guatemala, Guinea, Mauritania, Mexico, Nepal, Togo and Uganda, as well as two stand-alone Offices in Kosovo1 and the occupied Palestinian territory.
Regional offices/centres Regional offices and centres focus on cross-cutting regional human rights concerns and also support, at national level, follow-up to treaty bodies and special procedures as well as matters relating to the UPR. They work closely with regional and sub-regional inter-governmental organizations. They also complement the expertise of human rights country presences by providing support on institutional and thematic issues. Regional offices and centres are 1
funded both by regular budget and extra-budgetary contributions. At the end of 2010, OHCHR had 12 Regional Offices/Centres, in East Africa (Addis Ababa), Southern Africa (Pretoria), West Africa (Dakar), Central Africa (Yaoundé), South-East Asia (Bangkok), the Pacific (Suva), the Middle East (Beirut), Central Asia (Bishkek), Europe (Brussels), Central America (Panama City), South America (Santiago de Chile), and South-West Asia and the Arab Region (Doha).
Human rights components of United Nations peace missions or political offices OHCHR supports the human rights components of peace missions through expert advice, technical assistance and functional support. Human rights components have dual reporting lines, to the head of the peace mission and to the High Commissioner. Based on Security Council resolutions establishing the peace missions, the work of human rights components includes monitoring, documenting, investigating and reporting on the human rights situation; ensuring that peace processes promote justice and equity; preventing and redressing violations of human rights; building human rights capacities and institutions; and mainstreaming human rights into all UN programmes and activities. Most human rights officers in peace missions are employed and their salary costs covered by the Department of Peacekeeping Operations or the Department of Political Affairs, rather than OHCHR. Through its extra-budgetary resources, OHCHR contributes to the funding of the human rights technical cooperation activities of some missions. OHCHR also participates in inter-departmental technical assessment missions for the design and establishment of peace operations. At the end of 2010, there were 14 UN peacekeeping, special political and peace-building support missions that incorporated human rights promotion and protection into their mandated work, with dedicated human rights staff, in Afghanistan, Burundi, the Central African Republic, Côte d’Ivoire, Darfur (Sudan), the Democratic Republic of the Congo, Guinea-Bissau, Haiti, Iraq, Liberia, Sierra Leone, Somalia, Sudan and Timor-Leste. On 31 December 2010, the mandate of MINURCAT (CAR and Chad) expired. The number of human rights officers deployed in each mission in 2010 varied significantly, with the largest human rights component in the peacekeeping
Reference to Kosovo should be understood in full compliance with United Nations Security Council resolution 1244 and without prejudice to the status of Kosovo.
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OHCHR IN THE FIELD: INTRODUCTION
operation in Darfur (Sudan) having more than 180 deployed personnel. It should be noted that in the sections profiling the work of each human rights component, staffing numbers are provided based on a count of all relevant staff as of 31 December, regardless of whether their contract was with OHCHR, the Department of Peacekeeping Operations or the Department of Political Affairs. Elsewhere in the report, where figures are provided for OHCHR staff globally, only staff with OHCHR contracts are included.
Human rights advisers in UN country teams Human rights advisers are deployed upon request by UN resident coordinators to advise the resident/humanitarian coordinator and UN country teams (UNCT) on human rights and to work closely with the UNCT on capacity building and mainstreaming human rights into their work, as well as to support their engagement with national actors on human rights, including advising national authorities upon request. They support the resident coordinators and UNCTs in integrating human rights into their programme strategies and implementation. They also advise the resident coordinator and the UNCT on strategies to build and strengthen national human rights capacities, and where requested, provide technical assistance and advice to the government and other national stakeholders in strengthening national capacity for the promotion and protection of human rights. Human rights advisers are in general funded by OHCHR extra-budgetary contributions, but in many cases the requesting UNCTs contribute to the funding of these posts under cost-sharing agreements. As of the end of 2010, OHCHR had 16 HRAs in Ecuador, the Great Lakes (Bujumbura), Honduras, Kenya, the Republic of Moldova, Niger, Papua New Guinea, Paraguay, the Russian Federation, Rwanda, Serbia, South Caucasus (based in Tbilisi and covering Georgia, Azerbaijan and Armenia), Sri Lanka, Tajikistan, the former Yugoslav Republic of Macedonia and West Africa (Dakar). The HRAs in Albania, Guinea, Indonesia and Nicaragua discontinued their work. Human rights advisers are expected to be deployed to Madagascar and Ukraine in 2011.
Headquarters Support to Field Operations At the end of 2010, 117 staff worked at headquarters in the Field Operations and Technical Cooperation Division. The Division has developed a new structure, with three Branches to allow a more thorough coverage of geographic regions: the Americas, Europe and Central Asia Branch; the Asia-Pacific and Middle East Branch; and the Africa Branch. The Peace Mission Support and Rapid Response Section, the National Institutions and Regional Mechanisms Section, and the FOTCD-Universal Periodic Review Unit reinforce headquarters’ support to the field and other UN partners on the ground. Internal coordination for country-based initiatives, including with the treaty bodies, special procedures, the Human Rights Council, the UPR and thematic areas, has been further strengthened.
Cooperation with Humanitarian Agencies At global level, OHCHR integrates human rights considerations and advocates for the adoption of a human rights-based approach into the strategies and policies of humanitarian initiatives through its engagement in a number of inter-agency mechanisms. These include the Inter-Agency Standing Committee (IASC) and other humanitarian processes, such as the IASC Sub-Working Group on Preparedness and Contingency Planning, the Executive Committee for Humanitarian Affairs, the Global Protection Cluster Working Group, the Humanitarian Coordinators Group, and the Protection Capacity Steering Committee (ProCap). At field level, as a member of Humanitarian Country Teams and Protection Clusters, OHCHR is increasingly involved in humanitarian preparedness and response activities in both conflict crises and natural disasters, including by participating in the development of Common Humanitarian Action Plans, Flash Appeals and Consolidated Appeals Processes (CAPs). OHCHR’s participation in CAPs has benefited from more coordinated support from headquarters and streamlining within budgetary and strategic planning processes. In addition, OHCHR currently plays an active role in the work of Protection Clusters in the Central African Republic, Chad, Côte d’Ivoire, Iraq, Kyrgyzstan and Uganda. The Office leads inter-agency Protection Cluster efforts in Fiji, Haiti, Nepal, the occupied Palestinian territory and Timor-Leste. To further enhance and promote such collaborative efforts, OHCHR in 2010 organized inter-agency and internal consultations on its role in humanitarian action. A number of follow-up steps are planned for 2011, including reinforcing Office capacity to respond to humanitarian crises.
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OHCHR in the field: Africa
Type of presence
Location l Guinea l Togo l Uganda l Central Africa (Yaoundé, Cameroon) Regional offices l East Africa (Addis Ababa, Ethiopia) and centres l Southern Africa (Pretoria, South Africa) l West Africa (Dakar, Senegal) l Burundi Human rights l Central African Republic components in UN peace missions l Chad** l Côte d’Ivoire l Darfur (Sudan) l Democratic Republic of the Congo l Guinea-Bissau l Liberia l Sierra Leone l Somalia l Sudan l Guinea** Human rights l Great Lakes Region (Bujumbura) advisers to UN offices and l Kenya Country Teams l Madagascar* l Niger l Rwanda l West Africa (Dakar) Country offices
* Planned for 2011 ** Closed in 2010
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Deep-rooted difficulties such as the poor administration of justice, weak democratic institutions and lack of accountability, as well as sexual and gender-based violence, freedom of expression, economic, social and cultural rights, land issues, migration and xenophobia were among the main human rights challenges in the region. Elections were held in over 10 African countries, with several qualified as credible, free and fair while others were characterized by violence, such as the elections in Côte d’Ivoire. A political stalemate ensued following the early December announcement of election results in Côte d’Ivoire and led to the deaths of over 200 people and the displacement of thousands. In 2011, local, parliamentary or presidential elections are scheduled to be held in over 15 countries of the region. Past and ongoing conflicts as well as social crises continued to undermine the enjoyment of a wide range of human rights. Longstanding conflict in parts
OHCHR IN THE FIELD: AFRICA
of Somalia and Sudan continue to have an adverse effect on human rights, including by contributing to extreme poverty and to internal displacement. In the Democratic Republic of the Congo (DRC), the authorities stressed their willingness to combat impunity, notably through their support for the publication of the OHCHR Mapping Report on the most serious violations of human rights and international humanitarian law committed in the DRC between 1993 and 2003, and further discussion on transitional justice mechanisms. Many challenges remained in the implementation of the recommendations of the report.
Lakes Region in Bujumbura and to West Africa (UNOWA) in Dakar. A section of 21 professional and six administrative staff covers the continent from headquarters, monitoring areas of concern and providing substantive and administrative support to field presences. The Office also continued to support the work of the Independent Expert on the situation of human rights in Burundi, the Independent Expert on the situation of human rights in Somalia and the Special Rapporteur on the situation of human rights in the Sudan.
In January 2010, OHCHR and the African Union (AU) Commission signed a Memorandum of Understanding which confirmed their longstanding cooperation to promote and protect human rights in Africa. It provides for technical assistance, training, capacitybuilding and mutual cooperation in the field of human rights. In addition, the AU continued the development of a comprehensive human rights strategy, in close cooperation with OHCHR and other partners during 2010.
Country Offices Guinea (Conakry) Year established
2010
Staff as of 31 December 2010
3
Expenditure in 2010
$1,257,396
Background Nine countries from the region were reviewed under the UPR in 2010. OHCHR continues to provide technical assistance to help States and civil society organizations prepare for the review as well as to monitor and assist with the implementation of UPR recommendations. In 2010, OHCHR opened a country office in Guinea in follow-up to the recommendations of the Commission of Inquiry appointed by the Secretary-General. In addition, OHCHR continues to maintain two other country offices in Africa, in Togo and Uganda, and four regional offices/centres in Addis Ababa (East Africa), Dakar (West Africa), Pretoria (Southern Africa), and Yaoundé (Central Africa). The Office supported the human rights components of 11 United Nations peace missions, in Burundi (BINUB); the Central African Republic (BINUCA); Chad (MINURCAT); Côte d’Ivoire (UNOCI); the Democratic Republic of the Congo (MONUSCO); Guinea-Bissau (UNOGBIS); Liberia (UNMIL); Sierra Leone (UNIPSIL); Somalia (UNPOS); and the Sudan (UNMIS and UNAMID, Darfur). On 31 December 2010, the mandate of MINURCAT expired and BINUB was replaced by the United Nations Office in Burundi (BNUB) with the mandate to strengthen the capacity of key Government institutions as well as transitional justice mechanisms and human rights. In addition, the Office supported human rights advisers deployed to UN country teams in Kenya, Niger and Rwanda, as well as to the Great
The situation in Guinea since the assassination attempt on the then President in December 2009 has been marked by the desire of the country’s population to see the military regime of the National Council for Democracy and Development come to an end with democratic, free, fair and transparent presidential elections. The hope is that these elections would then enable the new Government to address challenges such as poverty, corruption, justice, human rights violations, impunity, exploitation of natural resources and embezzlement of State funds. The first round of the presidential elections was held on 27 June 2010, and featured 24 candidates. After being postponed four times, the second round of the presidential elections was finally held on 7 November 2010. OHCHR-Guinea was established in May 2010, three months after the entry into office of the transitional Government. The Office was mainly involved in monitoring work, advocacy and training on human rights to ensure human rights were respected and protected in the electoral process. OHCHR-Guinea particularly focused its efforts on the country’s security and defence forces, given their past record of being the main perpetrators of human rights violations. The Office worked in close collaboration with national and local authorities, civil society organizations (CSOs), and both national and international human rights NGOs.
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Results
Access to justice and basic services (EA4) u OHCHR-Guinea assisted 11 survivors of the 28 September 2009 massacre to receive medical and psychological care in Dakar, Senegal. These victims suffered from sexual violence, including mutilation, and some contracted HIV due to gang rape. They were evacuated to Dakar to be treated and returned to Guinea safely where OHCHR-Guinea continued to provide support, including psychological and medical assistance. u The Office assisted 60 youths detained after demonstrations in September 2010 to obtain pro bono legal aid from a pool of lawyers. All 60 were released thanks to this assistance and most of them were acquitted. Participation (EA5) u Before the first round of the elections, and then between the two rounds, the Office organized workshops and launched a wide sensitization programme and training initiative on human rights monitoring during elections. Sixteen human rights defenders from the eight administrative regions of the country were trained by the Office. Together with UNDP, OHCHR-Guinea was able to provide training to more than 180 correspondents and human rights monitoring personnel on how to monitor human rights issues during the electoral process. Furthermore, victims subjected to torture during the electoral period have formed an association and decided to press charges against the perpetrators of the violations. OHCHR-Guinea supported this process and assisted victims to receive medical, psychological and legal aid. State engagement with human rights mechanisms (EA6) u The Office provided technical support to the Government and civil society during the elaboration of the Guinean report for the UPR and facilitated the setting up of an Inter-ministerial Committee to deal with the review process. It also provided technical and 2
Š OHCHR/Guinea
National laws, policies and institutions (EA1)2 u The existence of a national human rights institution was inserted into the Constitution and a draft law for its establishment has been completed, in conformity with the Paris Principles. The Office provided technical advice and support throughout the process.
Human Rights Day celebration in Guinea.
financial assistance in organizing a dissemination workshop for the recommendations of the Human Rights Council. Civil society engagement with human rights mechanisms (EA7) u With the support of the Office, civil society actors submitted to relevant special rapporteurs information on cases relating to torture and rights violations committed against human rights defenders.
Challenges and lessons learned The Office established a discussion forum to address human rights issues on a weekly basis. The forum is composed of representatives from relevant national institutions such as the Ministry of Justice, the Ministry of Defence, the National Council of Transition, a network of human rights NGOs, CSOs, security and defence forces and the Ministry of Foreign Affairs. Its inauguration allowed for the discussion of human rights issues of current concern and facilitated the recommendation of precise follow-up actions. It also proved to be useful for addressing pertinent human rights concerns with all relevant stakeholders and bringing about fast follow-up actions. The forum served as a communication and dissemination tool for information on human rights issues and for the activation of early warnings. Furthermore, it proved to be valuable for helping to prevent human rights violations and for redressing violations when they occurred. The forum currently only functions in the capital, but the sub-office in Nzerekore intends to replicate the same structure at local level.
Results are listed according to the Office's 11 expected accomplishments (EAs) for 2010-2011. A list of the EAs, with their titles in full, can be found in annex II).
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Guinea: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
270,029
Consultants
-
-
Official travel
-
184,938
Contractual services
-
5,100
General operating expenses
-
123,608
Supplies & materials
-
382,911
Seminars, grants & contributions
-
146,154
Subtotal
-
1,112,740 144,656
Programme support costs -
GRAND TOTAL
1,257,396
The OHCHR Office in Togo put in place a comprehensive project to promote non-violent elections and to monitor respect for human rights during the entire electoral process, in line with the President’s overarching wish to ensure a peaceful setting. It cooperated closely with the Government in support of the fulfilment of the obligations taken on under ratified human rights treaties, particularly in the field of reporting, and continued to promote the ratification of outstanding human rights instruments. Within the UN system in Togo, the Office ensured the presence of a human rights-based approach in the United Nations Development Assistance Framework (UNDAF) review process.
Results National laws, policies and institutions (EA1) The joint UNDP-OHCHR Togo Office programme towards non-violent presidential elections in March 2010 was a marked success. The Office remained in close consultation with the authorities of the country, trained the security forces and devised a comprehensive human rights promotion programme. OHCHR-Togo also developed a media strategy, in cooperation with the High Audiovisual and Media Authority, on a Code of Conduct for journalists which was officially signed by the most important unions of
Togo Year established
2006
Staff as of 31 December 2010
5
Expenditure in 2010
US$1,355,913
Background The 2010 presidential election was held in a peaceful environment, closing the chapter on formerly commonplace human rights abuses. While the results were welcomed at international level, technical insufficiencies still present in the process fuelled the determination of major sections of the opposition to challenge them as part of a prolonged protest movement. Nevertheless, a part of the major opposition party joined the Government in a bid to move forward with its planned institutional and constitutional reforms. The Truth, Justice and Reconciliation Commission (TJRC) successfully completed the phase of collecting testimonies from witnesses and victims of human rights violations committed between 1958 and 2005. The Prime Minister has reiterated the support of the Government for the work of the TJRC. The initially established timeframe of 18 months for the work was extended by six months, until May 2011, but another extension seems likely. The Government has demonstrated its commitment to human rights principles by ratifying and starting to implement the Optional Protocol to the Convention against Torture (OPCAT), submitting more due periodic reports to treaty bodies and publicly engaging in a participative UPR process.
Š OHCHR/Togo
u
OHCHR monitored the presidential elections in Togo, March 2010.
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© OHCHR/Togo
State engagement with human rights mechanisms (EA6) u The Government made significant progress under its reporting obligations. Two overdue periodic reports were submitted to the Committee on Economic, Social and Cultural Rights (CESCR), and the Committee on the Elimination of Discrimination against Women (CEDAW). OHCHR-Togo provided technical advice and advocated for the submission of overdue reports.
Human rights training for security forces in Togo.
u
journalists and the media. A monitoring programme was put in place, which included a countrywide network of young promoters of non-violence and another one of human rights observers. The systematic and timely information gathered by the Office’s Monitoring Unit allowed OHCHR to bring up concerns directly with the generally very cooperative authorities. The presence of the Office throughout the country through its six sub-offices and its networks proved to be efficiently preventive and was expressly appreciated by the Government. By the end of October, no more election-related detentions were noted. The Office provided substantial support at all levels to the TJRC to enable it to carry out its mission in accordance with international standards.
Ratification (EA2) u In June, the National Assembly authorised the ratification of the OPCAT, which the United Nations officially registered on 20 July. On 22 June, Parliament authorized the ratification of the Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational Organized Crime (ratified by Togo in 2004). u On 9 July, the Government approved the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance and decided to start the ratification process. Justice and accountability mechanisms (EA3) u Over 17,000 statements were gathered for the TJRC during the period from 6 August to 17 December. The Office assisted the TJRC in the recruitment and training of staff for the local antennas and mobile teams.
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Human rights mainstreaming within the United Nations (EA11) u A human rights-based approach was commonly used by the United Nations agencies in Togo and is well integrated into the UNDAF, which has just passed its mid-term review. The activities of three working groups formed in line with the three UNDAF priority areas are helping to ensure that follow-up takes place along human rights-based exigencies. The Office led the UNCT Working Group No. 3, which deals with the UNDAF priority area “Promotion of good governance and human rights”, and participated to a lesser extent in Working Group No. 1 on the “Fight against poverty and food insecurity.”
Challenges and lessons learned Due to the polarized nature of Togo's society, promoting national reconciliation and the resolution and prevention of political conflicts through the TJRC is key to achieving sustainable peace. The effective functioning of this mechanism in accordance with international human rights standards will be a major challenge in 2011. The National Human Rights Commission, which has the mission of effectively monitoring the human rights situation in the country, still faces technical and financial challenges. Support to this Commission will also constitute an area of focus for the Office in the coming year. OHCHR-Togo’s advanced evaluation missions as well its network of 960 young promoters of non-violence were key factors in the success of the support project to the 2010 presidential elections. The presence of an important network of international and local human rights observers enabled the Office to get quasi real-time information on the situation on the ground and led to immediate advocacy intervention with the authorities at local and central level in order to allay conflict situations. At local level, this set-up had a markedly dissuasive effect.
OHCHR IN THE FIELD: AFRICA
Togo: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
549,698
Consultants
-
153,424
Official travel
-
43,060
Contractual services
-
71,044
General operating expenses
-
109,122
Supplies & materials
-
47,346
Seminars, grants & contributions
-
226,229
Subtotal
-
1,199,923 155,990
Programme support costs GRAND TOTAL
-
1,355,913
Uganda Year established
2005
Staff as of 31 December 2010
40
Expenditure in 2010
US$3,542,013
Background After more than 20 years of conflict in the north of the country, Uganda has for the past four years been experiencing a period of relative peace. As a consequence there has been a massive return of internally displaced persons (IDPs), which has had a positive impact on the overall human rights situation in the country. The Government and international actors have moved from a focus on humanitarian assistance towards development assistance and recovery. In the north-eastern part of the country (Karamoja) the security situation has improved and the Uganda Police Force was deployed over the whole region. However, several human rights challenges persisted and were brought to the attention of the Government by the Office and the international community. The Country Office documented a number of civilian deaths and injuries committed by the Ugandan People’s Defence Force (UPDF) during the disarmament process and also in retaliation for cattle raids. The north and north-east regions still face important gaps in economic, social and cultural rights, but Karamoja remains the most disadvantaged with regard to the human development indicators. In northern Uganda the returnees and former IDPs staying in transit sites or remaining in the camp areas are still provided with poor basic services and face
problems in accessing land and justice. The Government launched the first National Development Plan and aimed to address regional problems through the Peace, Recovery and Development Plan (PRDP), in northern Uganda, and the Karamoja Integrated Disarmament and Development Program. Transitional justice mechanisms on truth telling and reparations are yet to be defined. At national level, the electoral process that started in 2010 presents a challenge for the exercise of public freedoms and political rights. Other emerging national challenges include the protection of human rights in the context of security threats and counter-terrorism activities. The OHCHR Office in Uganda comprises its headquarters in Kampala and six subregional offices in Gulu, Kitgum (Acholiland), Lira (Lango), Soroti (Teso), Moroto and Kotido (Karamoja). The Office’s programme of work focuses on building national institutional capacity and ownership for the protection and promotion of human rights, including working with the Uganda Human Rights Commission (UHRC) and civil society organizations; human rights mainstreaming with UN partners; human rights monitoring and reporting; support for national legislative and policy reforms; and support for transitional justice. The Office’s plans also take into account the presidential, parliamentarian and local Government elections in 2011.
Results National laws, policies and institutions (EA1) An election strategy was elaborated which included assistance to the Electoral Commission on the different codes of conduct and guidance notes for the elections, and training for the UHRC and civil society network for monitoring human rights in the context of elections. u OHCHR-Uganda signed operational guidelines with the UHRC and agreed on a joint work plan aimed at building capacity to protect human rights and supporting the UHRC in their transition strategy in northern Uganda, providing protection in Karamoja, and several of their thematic priorities. A grant agreement is currently being implemented. The Office provided technical advice through comprehensive legal analysis on specific bills, in particular on the HIV/AIDS bill, the Anti-Homosexuality bill, and the Prevention and Prohibition of Torture bill. The Office also provided advice on the reform of the electoral laws, with the aim of ensuring compliance with international human rights standards. u
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u
u
OHCHR-Uganda supported a human rights perspective in the discussions on the domestication of the Convention on the Rights of Persons with Disabilities (CRPD) and the HIV/AIDS bill through partner training and strategic consultations. OHCHR addressed human rights incidents in Karamoja with the Ministry of National Defence and the UPDF, achieving a sustainable and open dialogue with Government counterparts on the protection of human rights in Karamoja.
Access to justice and basic services (EA4) u Following a national practitioners’ conference organized by the Office, the Uganda Law Reform Commission organized with the support of the Office a high-level expert seminar on witness and victims protection in Kampala. A road map for future collaboration was drawn up from the expert seminar. u Continuing its work from previous years, OHCHR implemented together with UHRC a consultation process on reparations for victims of the northern Uganda conflict. The outcome report is being prepared and will be presented in 2011 at the National Conference on Reparations. State engagement with human rights mechanisms (EA6) u The initial report to the Committee on Economic, Social and Cultural Rights (CESCR), overdue for 23 years, is now underway with OHCHR-Uganda’s support. u The Office collaborated with UNIFEM, UNICEF and UNFPA to assist the Government of Uganda and civil society organizations in preparing the report to the Committee on the Elimination of Discrimination against Women (CEDAW) and in attending the review session, which took place in October 2010. The Office printed the concluding observations currently being disseminated by the Government and civil society. OHCHR-Uganda also held sessions with the same actors to help in the presentation of their draft reports to the Committee on the Rights of Persons with Disabilities.
Challenges and lessons learned A total of 11,970 IDPs (mostly in Teso) remained in camps, a large proportion of which were extremely vulnerable individuals, and there were an additional 135,515 IDPs in seven transit sites as of October 2010. The described humanitarian situation no longer warrants a Consolidated Appeal Process in 2011. Instead, the United Nations supports the
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© OHCHR/Uganda
OHCHR IN THE FIELD: AFRICA
Seminar on witness and victim protection in Uganda.
Government’s PRDP, which hands over the humanitarian components to the Office of the Prime Minister and the role of the Protection Cluster to the UHRC. OHCHR is monitoring the situation of returnees, remaining IDPs and extremely vulnerable individuals with a particular focus on economic, social and cultural rights. It is supporting the transition process led by UNHCR from the Protection Cluster to the District Human Rights Promotion and Protection Sub-Committee chaired by the UHRC and is serving as its secretariat. In this function, it is also providing technical expertise and participating in joint activities on monitoring and advocacy. Over 2010, the Office, together with the UHRC, advocated for peaceful, free and fair elections in a democratic environment. Signs of attempts to restrict public freedoms are manifest in some existing laws, pending bills and institutional practices, which need to be addressed. OHCHR, together with the UHRC, will follow up on the challenges related to the electoral process and will also submit its observer report to the Electoral Commission. Women and girls face different types of violations, predominantly high rates of sexual and gender-based violence accompanied by low prosecution rates and onerous court procedures. OHCHR designed, together with UNFPA, UNICEF and UNDP, a joint program under the Peacebuilding Fund for Northern Uganda (Acholi) to address these issues with key duty-bearers. The plan will be implemented during 2011 and 2012. Other vulnerable groups like persons with disabilities, persons living with HIV/AIDS, LGBTs and especially vulnerable individuals among the IDP population, are still facing challenges in enjoying human rights on an equal basis with other sectors of the population.
OHCHR IN THE FIELD: AFRICA
Uganda: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
Consultants
-
8,159
Official travel
-
121,296
Contractual services
-
78,241
General operating expenses
-
408,450
Supplies & materials
-
336,682
Seminars, grants & contributions
-
369,194
Subtotal
-
3,134,525 407,488
Programme support costs GRAND TOTAL
1,812,503
-
3,542,013
Regional Offices and Centres United Nations Centre for Human Rights and Democracy in Central Africa/OHCHR Central Africa Regional Office (Yaoundé, Cameroon) Year established
2001
Staff as of 31 December 2010
10
Expenditure in 2010
US$1,543,413
Background The human rights situation in Central Africa continues to be affected by past and ongoing conflicts and was aggravated by the recent economic and food crises. In 2010, several Central African countries held elections. In some, democracy and the rule of law were threatened by dominant one-party rule, corruption and undue executive influence over the judiciary and legislative bodies. Inadequate national legal frameworks, unresponsive and unaccountable public administrations, weak and under-resourced judiciaries and inadequate social policies all had an effect on the human rights situations in most of the subregion’s countries. Discrimination based on ethnicity, nationality, social and political affiliations, gender, sexual orientation and health status remained a serious concern. Other continuing challenges included trafficking in persons and the protection of the human rights of migrant workers, as well as the absence of subregional coordinated action plans and policies to address these situations. Overall, national human
rights protection systems throughout the region remained weak, with the existence of very few effective national human rights institutions (NHRIs). Civil society organizations working on human rights and democracy were largely uncoordinated and fragmented, and human rights defenders were under increasing threat during 2010. Although all of the subregion’s countries engaged with the Universal Periodic Review of the Human Rights Council, the implementation of their existing international human rights commitments and UPR recommendations at national level exhibited slow progress. The United Nations Centre for Human Rights and Democracy in Central Africa (based in Yaoundé) was established in 2001, and promotes and protects human rights and democracy in 11 Central African countries, through advocacy, lobbying, dialogue, technical assistance and advisory services extended to Governments, parliaments, United Nations country teams, national human rights institutions, civil society organizations and the media, amongst others.
Results National laws, policies and institutions (EA1) So far, two NHRIs have met their objectives of becoming increasingly compliant with the Paris Principles and sufficiently strengthened to carry out their activities in compliance with international and regional human rights standards: Cameroon’s NHRI received “A” status accreditation from the International Coordinating Committee for National Human Rights Institutions (ICC-NHRI) in July 2010 and the NHRI of the Republic of the Congo received its first-time accreditation of “B” status in October 2010. u In Cameroon, a national law to protect the rights of persons with disabilities was adopted in April 2010. The Law was largely in conformity with the Convention on the Rights of Persons with Disabilities (CRPD). Following the Centre's advocacy efforts, ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in Cameroon, the Republic of the Congo and Equatorial Guinea should follow shortly. u
Participation (EA5) The Centre’s continuing joint advocacy efforts with Sightsavers and the Cameroon NHRI have led to Cameroon’s election management body, ELECAM, starting to take concrete accessibility measures to allow persons with disabilities to vote freely, independently and in dignity in the forthcoming 2011 elections.
u
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Š UN Photo/Eskinder Debebe
OHCHR IN THE FIELD: AFRICA
Women in Mbalmayo, Cameroon, welcome the UN Secretary-General on his visit to see firsthand several projects related to the Millennium Development Goals.
State engagement with human rights mechanisms (EA6) u The Republic of the Congo made significant progress in catching up with almost all outstanding treaty body reporting obligations (submission of overdue reports under ICCPR, ICESCR, CAT, CEDAW and CRC expected in 2011). Advocacy with the Governments of Gabon, Cameroon and Equatorial Guinea in this area was undertaken, with results expected in 2011. u An important development in the subregion during the reporting period was the active engagement of all countries in the preparations and follow-up to the UPR process, facilitated by the Centre. Significant progress with the adoption of a national road map for the follow-up of recommendations from international and regional human rights mechanisms was achieved in the Republic of the Congo, and similar processes were initiated in Cameroon, Gabon and Equatorial Guinea through regular country visits and sustained dialogue. The Centre also supported Rwanda and Sao Tome and Principe in their UPR preparations during 2010. u The materials produced by the Regional Office for training the Inter-ministerial Committee managing national follow-up to the recommendations of the human rights mechanisms of the Republic of the
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Congo were used in Rwanda, Chad and Liberia, and will possibly also be used in other countries. Human rights mainstreaming within the United Nations (EA11) u The very positive response to, and desire for, increased human rights engagement at country level by resident coordinators and the UN Country Teams in Cameroon, Equatorial Guinea, Gabon and Sao Tome and Principe, has resulted in the Governments of the DRC and Equatorial Guinea requesting the deployment of human rights advisers in their countries, supported by the Centre. u The presentation of the Centre’s annual report of activities to the United Nations Standing Committee on Security Questions in Central Africa, led to the decision of the Standing Committee at ministerial level to consider the challenges posed by trafficking in persons to human rights and stability in the subregion at its meeting in 2011. The Special Rapporteur on trafficking in persons was also invited to participate.
Challenges and lessons learned Whilst countries of the subregion have generally ratified most key international human rights instruments, the implementation of these
OHCHR IN THE FIELD: AFRICA
commitments was generally lacking. In some particularly challenging situations, such as in Equatorial Guinea, OHCHR’s approach required ensuring that national authorities remain engaged with international and regional protection mechanisms, which provide a useful entry point for addressing human rights protection concerns. The Regional Office also sought to ensure that any outstanding treaty body and special procedures recommendations were included as a “package deal” in the assistance provided in UPR follow-up, to ensure consistency. Similarly, the importance of the Regional Office remaining in a facilitating role and securing national ownership of the process meant that the process took much longer than envisaged but was not imposed or externally driven. The Centre also provided support to the visits of two special procedures mechanisms, namely on indigenous issues to the Republic of the Congo and on the use of mercenaries to Equatorial Guinea. Despite sustained lobbying efforts by the Centre, the request of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation to visit Cameroon remained unanswered. The Centre’s efforts to revitalise the Memorandum of Understanding between the Economic Community of Central African States and the Office, and cooperation with the subregional organization proved challenging and failed to ensure substantive and continued engagement.
United Nations Centre for Human Rights and Democracy in Central Africa/OHCHR Central Africa Regional Office (Yaoundé, Cameroon): Expenditure in 2010 Regular budget expenditure in US$ Personnel and related costs Consultants Official travel Contractual services General operating expenses
Extrabudgetary expenditure in US$
906,892
39,992
-
-
26,295
43,066
9,700
-
138,635
30,200
13,125
44,726
94,500
155,526
1,189,147
313,510
-
40,756
1,189,147
354,266
GRAND TOTAL
2002
Staff as of 31 December 2010
10
Expenditure in 2010
US$1,046,746
Background Throughout 2010, East African countries remained among the poorest in the world. Deep-rooted challenges such as the poor administration of justice, weak democratic institutions and lack of accountability remained. Longstanding conflicts in Somalia and Sudan only added to the extreme poverty and internal displacement, and affected the overall level of enjoyment of economic, social and cultural rights. The situation of migrants and refugees in those countries remained a major concern. During 2010, the Regional Office supported African Union (AU) institutions with a human rights mandate, playing a key role in the adoption of a Memorandum of Understanding (MoU) between the African Union Commission and OHCHR and providing strategic technical support for the elaboration of a human rights strategy for Africa. The Office has also engaged in cooperation with Ethiopia, Tanzania and Djibouti, as these East African countries are not covered by a country office. The Regional Office for East Africa’s (EARO) cooperation with Eritrea is led by OHCHR headquarters.
National laws, policies and institutions (EA1) In Tanzania, the Office held three successful trainings to strengthen the Investigation Unit of the Commission for Human Rights and Good Governance (CHRAGG). Later in the year, CHRAGG issued a report on the eviction of a pastoralist in Loliondo, north-western Tanzania.
u
Seminars, grants & contributions
Programme support costs
Year established
Results
Supplies & materials
Subtotal
Regional Office for East Africa (Addis Ababa, Ethiopia)
Ratification (EA2) Dialogue was initiated with Ethiopia on the development of a national plan of action on human rights, and during 2010 Ethiopia took a number of steps to implement UPR recommendations, including ratifying the Convention on the Rights of Persons with Disabilities (CRPD) and signing the Optional Protocol to the Convention on the Rights of the Child (OP-CRC).
u
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State engagement with human rights mechanisms (EA6) u Successes started to emerge in Djibouti from the Office’s continued two-year joint technical assistance programme on human rights (2009 and 2010), implemented under the umbrella of the UN Country Team. The Djibouti Government submitted its overdue reports to the Committee on the Elimination of Discrimination against Women (CEDAW) in January, and to the Committee against Torture (CAT) and the Committee on Economic, Social and Cultural Rights (CESCR), as well as its Common Core Document, in July. It also began elaborating its overdue report to the Human Rights Committee. u The Tanzanian Government has met its reporting obligations by submitting its periodic reports to the human rights treaty bodies and to the African Commission on Human and Peoples’ Rights. However, Tanzania has not yet submitted its report to the Committee on the Elimination of Racial Discrimination (CERD), for which it prepared a first draft. The Office assisted by providing inputs on technicalities during a workshop prepared by the Office. International and regional laws and institutions (EA8) u At the AU Summit in January 2011, the Office and the AU Commission signed an MoU that formalizes the existing strong working relations with the AU’s various organs as it sets a framework for OHCHR–AU cooperation, including the development of annual work plans, joint activities and information sharing. Human rights mainstreaming within the United Nations (EA11) u The prevalence of human rights concepts in both Tanzania's new United Nations Development Assistance Plan (UNDAP) and Ethiopia's new United Nations Development Assistance Framework (UNDAF) can for a large part be attributed to the Office’s active participation in the development process. u In Djibouti, the Office contributed to the ongoing UNDAF mid-term review to enable a human rights perspective to be taken into consideration during the process. The Office also provided advice regarding the global terms of reference guiding the review.
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© IRIN/Siegfried Modola
OHCHR IN THE FIELD: AFRICA
Challenges and lessons learned In spite of its status as a non-resident agency, the Regional Office managed to play a key role within the One UN system by using existing frameworks such as the UNCT, and in particular, the Human Rights Sub Group. The Office is considered an active member of the UNCT and is often called upon for guidance on issues pertaining to human rights. By using these structures, EARO was able to make an effective and much-appreciated contribution and provide strategic inputs to facilitate the mainstreaming of human rights within the UNDAP roll-out process and the Joint Programmes. As a result, stand-alone human rights-related outcomes and outputs were embodied in the UNDAP document. Furthermore, through the use of its good working relationships and credibility with national counterparts, EARO also fostered a strong partnership in the area of human rights between the One UN and national partners such as the Tanzanian National Human Rights Institution. Although not physically present in Tanzania, EARO was able to further the human rights agenda with its national partners and within the UN agencies in the country. This created very high expectations and demands from partners eager to work on human rights issues, which resulted in more requests for the Office to have an increased presence in Tanzania. In particular, the United Nations Country Management Team in Tanzania has an outstanding request to OHCHR for the appointment of a human rights adviser.
OHCHR IN THE FIELD: AFRICA
Results
Regional Office for East Africa (Addis Ababa, Ethiopia): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
602,420
Consultants
-
26,058
Official travel
-
60,950
Contractual services
-
10,000
General operating expenses
-
104,299
Supplies & materials
-
21,108
Seminars, grants & contributions
-
101,489
Subtotal
-
926,324 120,422
Programme support costs -
GRAND TOTAL
1,046,746
National laws, policies and institutions (EA1) In Mozambique, a National Human Rights Action Plan was drafted with the technical assistance of the Office. The document responds to one of the gaps in human rights protection identified in the preparation of the UPR at national level. u In Zimbabwe and Mozambique, preparations to establish National Human Rights Commissions are well advanced and both institutions could become operational in 2011. ROSA organized training workshops for stakeholders in both countries and advised the respective Governments on the drafting of relevant legislation. u
Ratification (EA2) The Republic of Seychelles ratified the Optional Protocol to the Convention on the Rights of the Child (OP-CRC) on the involvement of children in armed conflict and the Rome Statute of the International Criminal Court in August 2010,
u
Regional Office for Southern Africa (Pretoria, South Africa) Year established
1998
Staff as of 31 December 2010
6
Expenditure in 2010
US$1,161,719
Background
The Regional Office provides advisory services and implements capacity-building programmes to strengthen national and regional systems for the protection and promotion of human rights. Four key areas of the Regional Office’s activities are the establishment and strengthening of national human rights institutions; increasing the engagement of national stakeholders with the international human rights system (UPR, treaty bodies and special procedures); addressing discrimination; and ensuring a human rights-based approach in UN country teams’ programmes.
© OHCHR/South Africa
The Regional Office for Southern Africa (ROSA) works with Governments, UN country teams, civil society organizations and national human rights institutions with the goal of achieving the full realization of human rights in the region. ROSA covers 14 countries, namely Angola, Botswana, Comoros, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Zambia and Zimbabwe. ROSA also works with subregional organizations, namely the Southern African Development Community and the Indian Ocean Commission.
Human rights competition organized by the Southern Africa Regional Office.
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following the Office’s interaction with the Government of the Republic on its ratification status. Access to justice and basic services (EA4) u OHCHR signed a grant agreement with the South African Human Rights Commission (SAHRC) at a public ceremony on 30 June 2010 for the funding of a one-year project to address both the rights of non-nationals and the recommendations of the Commission in relation to the investigation of xenophobic attacks in 2008 in South Africa. The event received broad coverage in the national media. A task force made up of officials from OHCHR headquarters, ROSA and SAHRC was established to regularly review the implementation of the project, and a number of planning meetings were undertaken prior to the commencement of activities in January 2011. State engagement with human rights mechanisms (EA6) u Nine of the 14 countries covered by the Regional Office have been reviewed under the UPR, namely Angola, Botswana, Comoros, Lesotho, Madagascar, Malawi, Mauritius, South Africa and Zambia. The Regional Office provided technical assistance to help States and civil society organizations prepare for the review and implement UPR recommendations in follow-up to the review. u Angola and Madagascar submitted their periodic reports to the Committee on the Rights of the Child (CRC) and Mauritius submitted its report to the Committee on Economic, Social and Cultural Rights (CESCR). The Office supported these countries in the preparation of their reports.
Challenges and lessons learned Although the Regional Office participated in the UNCT meetings of Comoros, Madagascar, Mauritius/Seychelles and Namibia, extensive engagement with UNCTs as per the annual work plan was affected by time and logistical constraints, including additional workload due to the involvement of the United Nations in the FIFA World Cup 2010 in South Africa and increased missions from UN special procedures to the region. ROSA has sought to address this challenge through frequent communication with resident coordinators’ offices. In Southern Africa, a strategic presence in the media is critical to moving the human rights agenda forward. The development of a strong media outreach programme has been hampered by ROSA’s lack of expertise and resources in the area of public
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information. This challenge has been partly remedied through the support of the United Nations Information Centre for South Africa and its satellite offices in the subregion. The political contexts in Madagascar and Zimbabwe continue to have a negative impact on the human rights situation in these countries and require OHCHR to operate in a politically volatile and constantly changing environment.
Regional Office for Southern Africa (Pretoria, South Africa): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
718,142
Consultants
-
-
Official travel
-
89,897
Contractual services
-
1,000
General operating expenses
-
79,458
Supplies & materials
-
107,190
Seminars, grants & contributions
-
32,383
Subtotal
-
1,028,070 133,649
Programme support costs -
GRAND TOTAL
1,161,719
Regional Office for West Africa (Dakar, Senegal) Year established
2007
Staff as of 31 December 2010
9
Expenditure in 2010
US$1,096,014
Background Regarding the overall human rights situation in West Africa, there have been signs of progress in efforts to mainstream human rights and gender issues into policy responses to regional threats to peace and security, such as food crises, climate change, migration, and the trafficking of persons. The resurgence of military coups and election-related violence in West Africa have resulted in a wave of human rights violations. Against this backdrop of impunity, occurrences of sexual and gender-based violence, violence against children, arbitrary arrests and detention, extrajudicial killings and unlawful expropriation affecting the most vulnerable persons continue to be reported throughout the subregion.
OHCHR IN THE FIELD: AFRICA
The socio-economic disparities in West Africa are rapidly emerging as a growing threat to human rights, even in countries that have experienced sustained economic growth in recent years. The achievements of the OHCHR Regional Office for West Africa include raising awareness about the UPR throughout the region and assisting countries in terms of UPR follow-up; increasing collaboration with the region’s national human rights institutions; encouraging Member States of the Economic Community of West African States (ECOWAS) to address the human rights-related aspects of climate change in the region; and addressing issues of impunity, especially in regard to improving access to justice for women. The Regional Office also provided support to, and cooperated with, the eight human rights field presences based in the region.
which are in the process of being finalized, are also likely to fully reflect a human rights-based approach. The Regional Office has contributed to these processes by providing trainings and advice to UN country teams, Government partners and non-governmental actors.
Challenges and lessons learned The frequently challenging political environment in the Gambia, and in the subregion as a whole, led the Regional Office to re-evaluate its approach to engage with the country, with which it had envisaged holding a number of initiatives in 2010. Despite this challenge, the Regional Office pressed ahead with its efforts to engage with both the Government and the UNCT in order to build a positive climate for protecting and promoting human rights and to ensure the possibility of future cooperation in the country.
Results State engagement with human rights mechanisms (EA6) u The Regional Office has undertaken a number of initiatives this year to support the submission of overdue State reports by Senegal and Cape Verde. These initiatives, which are likely to produce results in the coming year, included meeting with civil society organizations to help render the Committee on the Elimination of Discrimination against Women (CEDAW) document more accessible, and organizing a regional forum on the implementation of UN Security Council resolution 1325 on Women, Peace and Security. u The Regional Office provided support to the countries of Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, the Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Nigeria and Senegal in helping them to ready themselves for the UPR Working Group review. The Regional Office is currently following up this development by engaging the countries further and promoting the recommendations made by the Human Rights Council. Human rights mainstreaming within the United Nations (EA11) u The United Nations Development Assistance Framework (UNDAF) for Burkina Faso has fully integrated a human rights-based approach and the UNDAFs in Senegal and Cape Verde, both of
Since November 2008, the Regional Office has convened bi-annual consultations for all heads of human rights presences based in West Africa. These meetings have allowed the participants to identify shared priorities, develop common strategies to address these priorities, and facilitate the exchange of knowledge, skills and experiences. They have also played an important role in strengthening partnerships between human rights presences and host UNCTs and other important stakeholders.
Regional Office for West Africa (Dakar, Senegal): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
654,417
55,475
-
27,088
12,978
26,285
6,200
-
General operating expenses
30,675
20,700
Supplies & materials
32,981
43,517
Seminars, grants & contributions
27,600
120,000
764,851
293,065
-
38,098
764,851
331,163
Personnel and related costs Consultants Official travel Contractual services
Subtotal Programme support costs GRAND TOTAL
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Š IRIN/David Gough
Human Rights Components in UN Peace Missions United Nations Integrated Office in Burundi Year established
1995 (since 2006 as part of the United Nations Integrated Office in Burundi)
Staff as of 31 December 2010
50
Background While Burundi’s five rounds of elections unfolded with fewer incidents at the polls than had been feared, the political context was shaped by a steady erosion of civil and political liberties, most noticeably from mid-2009 onwards, as well as by incidents of political violence including clashes between politically affiliated groups of youths. The election period and its immediate aftermath was marked by human rights violations including illegal and/or arbitrary arrest and detention of opposition party members, extrajudicial, summary or arbitrary executions, the resumption of acts of torture as well as restrictions of the right to freedom of expression and opinion. While the United Nations Integrated Office in Burundi (BINUB) was not mandated to engage in election monitoring per se, the Human Rights and Justice (HR&J) Division undertook initiatives to promote peaceful coexistence, based on respect for civil and political rights.
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Results National laws, policies and institutions (EA1) After years of joint efforts between BINUB and OHCHR to support a Paris Principles-based process for the establishment of an Independent National Human Rights Commission (INHRC) in Burundi, Parliament adopted on 14 December 2010 the INHRC Act, which was promulgated by the President on 5 January 2011. The Act is for the most part in conformity with the Paris Principles. The main issue remaining is that according to the Law, support for the Commission is to be channeled through the Government. Since this legal obligation is applicable to the Burundian institutional architecture as a whole, its fair implementation should not prevent the INHRC from enjoying the financial autonomy granted under the Law. Although conducted in very challenging circumstances, the process that allowed for the adoption of a sound law, such as the one that took place in Burundi, may serve as a good example in other contexts, especially with regard to the requirements of broad consultations under the Paris Principles. u An action plan on the reduction of the prison population, adopted in September 2009, is currently being implemented. Short-term measures have led to a significant drop in the prison population. However, for sustainable results, the in-depth reform foreseen in the plan should be realized. BINUB assisted the General Prosecutor's Office in conducting inspections on pre-trial detention in the different prosecutor's u
OHCHR IN THE FIELD: AFRICA
u
offices throughout the country. Following the first round of inspections, 196 pre-trial detainees were provisionally released; the second-round of inspections indicated a reduction in the level of illegal pre-trial detention. Security in prisons improved thanks to BINUB's technical advice and the creation of security committees. An assessment of the situation in Burundi's 11 prisons was carried out. The Division rehabilitated seven prisons and provided equipment to the prisons' legal services.
Justice and accountability mechanisms (EA3) u With regard to transitional justice mechanisms, successful national consultations were concluded by the “Comité de Pilotage Tripartite” in March 2010. The UN’s efforts helped to ensure that the process of consultation was legitimate and participatory. Although the national consultations were completed, the report was only made public on 7 December after having been officially handed over to the President. It is expected that progress on transitional justice issues will be possible in 2011.
and insecurity attributed to unknown armed groups; lack of independence of the judiciary and overcrowded prisons. Despite these challenges, meaningful results in the implementation of human rights programmes were achieved due to coordination efforts with national partners. Regular advocacy and follow-up on human rights violations with authorities has made it possible to address individual cases, and the training of judges, prosecutors, clerks and registrars has improved court administration. Coordinating the efforts of BINUB with the diplomatic community and civil society has greatly contributed to the adoption of the law on the independent human rights commission.
United Nations Integrated Peace-building Office in Central African Republic Year established
2000
Staff as of 31 December 2010
23
Background Access to justice and basic services (EA4) u A one-stop care centre, which aims to provide victims of sexual and gender-based violence with a wide range of services (judicial, medical, psychosocial and shelter), is currently being established. Participation (EA5) u With the support of the UN Country Team, civil society activity has established a renewed focus on human rights protection and participation in national decision-making. Two human rights defenders networks were established: the Network of National Observers of Human Rights (RONADH) and the Network of Women Leaders “Nyubahiriza” (RFL). Human rights mainstreaming within the United Nations (EA11) u The new United Nations Development Assistance Framework (UNDAF) cycle for 2010-2014 was launched. It identifies the promotion and protection of human rights as one of four priority areas.
Challenges and lessons learned Serious human rights challenges during 2010 include the persistence of impunity; the resumption of acts of torture committed against persons arrested during the election period; arrests of political party members and journalists; the resumption of violence
The general human rights situation in the Central African Republic (CAR) is characterized by the widespread impunity of both State and non-state actors, with the presence of mob justice and accusations of witchcraft that often target young girls or elderly women. Central African and foreign armed groups operating in CAR continue to be responsible for grave violations committed against children. In the north, notably in the regions of Bamingui-Bangoran, Nana-Gribizi, Ouham and Ouham-Pende, chronic displacement as well as a lack of protection for civilians have contributed to a rise in human rights violations committed by armed groups. In the Vakaga region of the north-east, in the context of the economic marginalization of the region, instability and clashes between ethnicity-based rebel groups have created a protection crisis that impedes on the already severely limited humanitarian space. Armed groups often clash in the vicinity of the civilian population and with total disregard for humanitarian law, particularly in terms of deliberate attacks on civilians and a disproportionate use of force. Systematic attacks on the population in south-eastern CAR by the Lord’s Resistance Army (LRA) pose grave challenges for the effective protection of civilians, particularly of women, children and girls. An estimated 42,500 internally displaced persons (IDPs) remain displaced in the LRA-affected areas, of which 16,600 were displaced in 2010 alone.
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OHCHR implements its human rights programme in CAR through the Human Rights and Justice Section (HRJS) of the United Nations Integrated Peace-building Office in Central African Republic (BINUCA). BINUCA has three regional offices in Bouar (covering the western prefectures), Bossangoa (covering the north-western prefectures) and Bambari (covering northern and eastern prefectures) which monitor the human rights situation by conducting regular visits to the field and interacting with local, judicial and administrative authorities with a view to seeking adequate protection solutions, as well as conducting promotion and protection work that includes offering legal counsel for victims on a regular basis.
u
u
In June 2010, the Government of CAR signed the N’Djamena Declaration to end the recruitment and use of children within its armed forces. Furthermore, the Government signed both the Optional Protocols to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Pornography, Prostitution and Trafficking. Through consultation and regular meetings with national authorities, the HRJS contributed to the Government’s creation of a Committee on the promotion and protection of the rights of IDPs, and to the signature of the African Union Convention on the protection and assistance of IDPs in Africa.
Results National laws, policies and institutions (EA1) u The HRJS participated in the drafting of the revision of the current Law of 15 December 2006 on the protection of women against violence, which incorporates the provisions of the Great Lakes Protocol on the prevention and repression of sexual violence against women and children in the CAR legislative corpus. u The HRJS assisted the Ministry of Justice with the revision of the Criminal Code and the Criminal Procedure Code, which were adopted and promulgated in 2010. These national legal instruments are compliant with international human rights standards. However, HRJS was not successful in lobbying against the inclusion of the crime of witchcraft in the new penal code. u A validation workshop of the proposed legislation on the creation of an Independent National Human Rights Commission in compliance with the Paris Principles took place in Bangui on 15-16 December 2010. This legislation will be submitted to the new Parliament once it resumes its activities. OHCHR will fund the training of the 31 members of the new Independent National Human Rights Commission. u The new draft legislation on the prison system has taken into consideration the principles set out in international legal documents. The proposed legislation will be submitted to the new Parliament for adoption once it resumes its activities. Ratification (EA2) u The Government of CAR, in close consultation with the HRJS, ratified ILO Convention 169 on the rights of indigenous and tribal peoples in December 2010, consequently paving the way for the protection of indigenous people’s rights in the Republic.
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Justice and accountability mechanisms (EA3) The Ministry of Justice adopted in 2010 its national strategic justice reform plan, a development which HRJS’s justice component actively supported. u The HRJS worked closely with UNDP to improve knowledge of the new criminal code and the code of criminal procedure amongst judges, lawyers, law professors, court clerks, penitentiary personnel, police and the gendarmerie. A series of seminars have been organized in Bangui and in the 16 prefectures. u
Challenges and lessons learned Many challenges continue to hinder the protection and promotion of human rights in the Central African Republic. These challenges largely revolve around insecurity and humanitarian access, amongst other constraints. The CAR judicial system suffers from a lack of basic infrastructure and human resources and there are less than 200 magistrates for an estimated population of around 4.5 million. Human rights monitoring in CAR is of primary importance for human rights promotion and protection work. However, the inadequate presence or non-existence of State and local authorities in certain areas of the country has obvious far-reaching implications for the operational work of HRJS. Regarding the building of two prisons as part of the second United Nations Peacebuilding Fund (UNPBF) allocation, discussions with national authorities centred on how best to optimize this project in order to link it with the quick impact project on the renovation/rehabilitation of the prisons in Sibut, Kaga Bandoro, Bozoum, Bossangoa and Bimbo led by the UNDP’s Rule of Law Programme. The HRJS has ensured that sufficient space will be reserved in the designs of the new prisons for the delivery of
OHCHR IN THE FIELD: AFRICA
services and social reintegration programmes to address the cultural needs of convicted prisoners. These programmes may include, but not be limited to, vocational training, basic adult education, anger management, conflict resolution, prevention of family violence, and parenting. The HRJS will work to ensure that female prisoners will be separated from men and housed in a facility managed by trained female staff.
With the discontinuation of MINURCAT’s mandate, OHCHR developed an exit strategy that included the deployment of a new presence in early 2011, composed, in its first phase, of a Senior Human Rights Adviser with a minimal support structure.
Results National laws, policies and institutions (EA1) A National Human Rights Action Plan was developed and the regional delegations of the Ministry of Human Rights are now active in all regions, including the Darsila and Ouaddai regions. The Section supported the Government in these important initiatives. u Through regular engagement with law enforcement authorities, human rights officers noted that some of the authorities began demonstrating a change in attitude and their responses have changed accordingly when applying corrective measures. However, arbitrary use of power remains an issue. u In 2010, authorities took sustained action on about 40 per cent of reported human rights cases, as opposed to about 30 per cent in 2009. This came about through regular monitoring by the HRS, which routinely engaged with relevant authorities, informed them of their responsibilities and urged them to act decisively on specific cases. u
United Nations Mission in the Central African Republic and Chad Year established
2008
Year discontinued
2010
Staff as of 31 December 2010
42
Background The security situation in eastern Chad was generally stable during the reporting period. Seriously affected by conflict with neighboring Sudan in 2009, the situation improved in 2010, mainly due to the resumption of diplomatic relations between the countries. Efforts were made by both Sudan and Chad to address the issue of the presence of rebels on their respective territories. Eastern Chad continued to face serious human rights challenges, including the recruitment and use of children in armed conflict – attributable mainly to elements of the Sudanese group the Justice and Equality Movement – and sexual and gender-based violence, which remains rampant in refugee camps, internally displaced person (IDP) sites and most communities. In addition, arbitrary arrests and illegal detentions were widespread. Most perpetrators of the above-mentioned violations were not punished as law enforcement officials were unable, and in some cases unwilling, to take action against them. The justice system remains weak and State authority is absent in several localities in eastern Chad, thus contributing to the prevalence of impunity. The efforts of the Human Rights Section (HRS) of the United Nations Mission in the Central African Republic and Chad (MINURCAT) were largely focused on monitoring and reporting on the human rights situation, with a particular focus on sexual and gender-based violence, child recruitment and the issue of impunity. The Section also gave technical assistance to the Ministry of Human Rights and the Promotion of Liberties. The HRS closed on 31 December 2010 following the UN Security Council’s decision to end MINURCAT’s mandate, as requested by the Government of Chad.
Participation (EA5) Thanks to training and sensitization sessions, the HRS noted that cases of child recruitment were increasingly being reported by parents and members of the community. National authorities also demonstrated an understanding of the issue as evidenced by their call to adequately address it. u A rise in victims reporting cases to the Integrated Security Detachment was perceived. This was noted in particular in cases related to sexual and gender-based violence after a series of sensitization programmes conducted by the HRS. u Through the initiative and lead of the Section, an umbrella group comprising different human rights NGOs was created in Abéché. The members of the group, the Cercle des ONG des Droits de l’Homme, are now able to engage in human rights monitoring and reporting. u
Challenges and lessons learned In order to facilitate collaboration with civil society in the absence of organized and functional local civil society organizations (CSOs) with a human rights mandate, the HRS developed a strategy wherein CSOs were organized into a loose federation called
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the Cercle des ONGs des Droits de l’Homme. Through this medium, the Section could easily dispense capacity-building programmes to the members of different organizations who were part of this group. In addition, this forum created the basis for discussions on the challenges facing CSOs, possible solutions, and ways of minimizing duplication between organizations while maximizing output. © IRIN/Siegfried Modola
At the end of this process, the Section organized a training of trainers for 14 members of this federation of organizations. The topics included human rights notions and principles, techniques in human rights monitoring, reporting and documentation, and the design and implementation of human rights training. This strategy has proven to be very helpful, especially in areas where there is an absence of large functional human rights NGOs.
United Nations Operation in Côte d’Ivoire Year established
2004
Staff as of 31 December 2010
52
rights to political participation have been documented throughout the year. In addition, the judicial system suffers from serious deficiencies in the south and is inexistent in the north. Throughout the course of the year, adjustments had to be made to some of the planned activities to better respond to the actual situation. The unpredictable political environment linked initially to the uncertainty about the dates of the presidential elections adversely affected the willingness of State institutions to engage with the United Nations Operation in Côte d'Ivoire’s (UNOCI) Human Rights Division (HRD) and impacted on the ability of the Division to implement many of its programmed activities. Once the date of the 2010 presidential elections had been set, a priority elections-oriented plan had to supersede other planned activities. Accordingly, the HRD implemented a strategy on human rights and elections which included the development, printing and dissemination of guidance materials, the training and sensitization of national State and civil society actors as well as advocacy programmes, with a view to ensuring respect for human rights in the electoral process.
Background Results
© UN Photo/Basile Zoma
Despite the tremendous efforts exerted in 2010, human rights violations continued in Côte d’Ivoire, both in the Government-controlled south and rebel-controlled zones known as the “zones CNO”. Cases involving extrajudicial killings, arbitrary arrests and detention, racketeering, destruction of basic social services, female genital mutilation, trafficking, rape, obstruction to freedom of movement, and
Ivorians take part in a campaign for peaceful elections.
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National laws, policies and institutions (EA1) In a bid to promote women’s rights and gender equality, the HRD consistently monitored and documented violations. Daily, weekly, monthly and periodical public reports were produced and shared with national and international stakeholders, and advocacy campaigns were
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conducted with national authorities to ensure that perpetrators of human rights violations were prosecuted. In 67 of the reported cases, perpetrators were tried before competent courts in the Government-controlled zones. Participation (EA5) u The first round of the 2010 presidential election was held with no major human rights violations and the campaigning and voting were qualified by all observers as credible, free and fair. The HRD contributed to this by conducting human rights awareness campaigns for the public and by sensitizing rights-holders about their rights during elections. It facilitated the establishment of an umbrella organization of pro-democracy and human rights groups and established a call centre to provide access to victims of human rights violations to a reporting/response mechanism. Members of the National Human Rights Commission, the Independent Electoral Commission, local authorities and the security forces participated in the HRD’s trainings. Unfortunately, this achievement was soon overshadowed by the political standoff between the two contenders for the Presidency, leading to a rapid deterioration in security and the humanitarian and human rights situation in the country. u Members of NGOs were trained in human rights advocacy, investigation, monitoring and reporting. More than 20 human rights reports were issued by various NGOs on the human rights situation in Côte d’Ivoire. State engagement with human rights mechanisms (EA6) u Côte d’Ivoire submitted its combined initial to third periodic reports of States Parties under the Committee on the Elimination of Discrimination against Women (CEDAW) in June 2010. The HRD contributed to the process with comments and technical advice.
Civil society engagement with human rights mechanisms (EA7) u As a result of the HRD’s capacity-building activities, more than 10 Ivorian NGOs submitted a contribution to the Human Rights Council when Côte d’Ivoire was examined by the Council in the context of the UPR process.
Challenges and lessons learned With a view to strengthening human rights documentation and response in the context of the Côte d’Ivoire post-electoral violence, UNOCI established an Integrated Human Rights Monitoring and Investigation Task Force comprising 98 human rights experts drawn from its HRD, 10 other UNOCI military, police and civilian components and four agencies of the UNCT in Côte d’Ivoire. The Task Force is organized into 12 field teams deployed across the country, with higher concentrations of staff in areas with the highest level and/or intensity of reported violations. For easy access to and contact with victims, their families and communities, the Task Force established a 24-hour “Green line” through which violations can be reported. On average, 300 calls per day are received on this line. With the high number of incoming calls, the call centre was established to provide more lines and 24-hour call answering. For the week of 24 December 2010 through 4 January 2011 alone, 2,298 calls were received. With the dispatch of a mixed team into the field, the HRD was able to document some of the cases of violations and go about trying to reassure the population. However, the worsening security situation resulted in attacks against United Nations staff and vehicles, and prevented the teams from operating as planned. Considering the amount of calls received by the call centre as well as the content of the information reported, it is clear that the call centre has proven to be an excellent tool for monitoring the general human rights situation. Through the centre, allegations can be documented in a timely manner and in some cases prevented through the immediate dispatch of police patrols.
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African Union-United Nations Hybrid Operation in Darfur Year established
2008
Staff as of 31 December 2010
189 u
Background Throughout 2010, clashes between Government forces and the armed movements in Darfur, as well as inter-tribal violence, continued to cause a significant number of deaths and displacements among the civilian population. Fighting intensified from May 2010 when the dominant rebel group, the Justice and Equality Movement, announced its withdrawal from the Doha peace process. Against this backdrop, a general breakdown in law and order provided a fertile ground for opportunistic criminality and banditry. Humanitarian space shrunk considerably due to continuing lawlessness and abductions of UN peacekeepers and aid workers while women and girls, mostly from internally displaced persons (IDP) camps, continued to be vulnerable to sexual and gender-based violence (SGBV), usually perpetrated by men in military uniforms. The persistent climate of impunity in the region remains the key contributing factor to many of these acts of violence and criminality. The African Union/United Nations Hybrid Operation in Darfur (UNAMID) Human Rights Section’s (HRS) capacity-building activities continued to be hampered by the volatile and unstable security environment in Darfur, which limited the movement of human rights monitors. Nonetheless, the HRS was actively involved in mainstreaming human rights in the Darfur mediation process, in particular by providing support to the participation of civil society in the Doha Peace Talks.
Results National laws, policies and institutions (EA1) u The Darfur Peace Agreement is fundamentally human rights-based and justice oriented. The Office contributed to this through its consultation and awareness-raising efforts, including two workshops on transitional justice for civil society and media representatives as well as through the provision of technical advice and inputs to the Joint Chief Mediator/Joint Mediation Support Team and UNAMID senior leadership. u The Section engaged in face-to-face advocacy meetings with Government of Sudan (GoS) officials, particularly with the Advisory Council of
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Human Rights (ACHR), to address and discuss human rights violations trends and concerns. Of the 10 human rights violations cases raised by the section, six were responded to positively by the Government, and in some cases detainees were released. The two trainings for judges that took place in early 2010 resulted in a judge quashing a case that was entirely based on a confession that was procured under torture – the defendant was an IDP camp resident. Some 132 monitoring/fact-finding missions to specific areas, and field visits to IDP camps, were undertaken in the three States of Darfur, with a view to establishing reported cases of human rights violations and addressing them through UNAMID mechanisms. The monitoring work resulted in more frequent patrols within IDP camps and regular firewood collection patrols.
Justice and accountability mechanisms (EA3) The Section’s advocacy on the promotion of accountability resulted in three separate Commissions of Inquiry being set up by the Acting Wali (Governor) of South Darfur in April 2010, to enquire into two tribal conflicts and an altercation between the Sudan Peoples' Liberation Movement (SPLM) and the Rezeighat in a South Darfur locality. u The Section’s collaboration with the National Unit for Combating Violence against Women and the three State Committees on the subject, as well as the training activities on Human Rights and Criminal Investigation Procedures vis-à-vis SGBV, resulted in a slight increase in the reporting and filing of SGBV-type cases with the GoS police. The training targeted State actors, such as GoS police, medical personnel, and prosecutors, and, as non-state actors, IDP women. u Three Darfur States’ Sub-Forums for Human Rights were established in early 2010 thanks in part to UNAMID Human Rights co-chairing the Darfur Human Rights Forum with the ACHR. The Human Rights Sub-Forums provide a platform for dialogue and follow-up on human rights issues between UNAMID Human Rights and the local authorities in the three Darfur States. Membership includes representatives from the police, judiciary, State prosecutors and UN agencies. u
Participation (EA5) The Section has been able to facilitate civil society organization (CSO) participation in the Doha Peace Talks and the up-coming Darfur Political Process, including participation in the traditional reconciliation processes.
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© UN Photo/Albert Gonzalez Farran
Women from an IDP camp in North Darfur set off to collect firewood. u
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The HRS conducted awareness-raising activities with communities on civil and political rights in relation to the elections, integrated into the Section’s planned training programmes. These activities contributed to awareness amongst the people of Darfur of their responsibilities, and that of the Government, in relation to elections. It also contributed to less violence during the campaigning, voting and post-voting period. Awareness-raising initiatives such as the holding of SGBV workshops in West Darfur, the development and installation of 60 SGBV-related billboards at 11 strategic locations around South Darfur, and the development and production of 5,000 leaflets on the mandate, role and services of the Family and Child Protection Units, have also contributed to the empowerment of women and to the rise in the number of SGBV cases that are reported.
State engagement with human rights mechanisms (EA6) u The Section worked to ensure that civil society in Darfur submitted a report towards the UPR process. To this end, West Darfur submitted a report in the last quarter of 2010. The Government of Sudan also submitted its UPR report in 2010, to be tabled at the Human Rights Council in May 2011. Human rights mainstreaming within the United Nations (EA11) u The HRS provided relevant human rights advice on elections, protection, SGBV, child protection, rule of law, security, and humanitarian action through various UNAMID and United Nations
system-wide working groups. This resulted in improved integration and the mainstreaming of a human rights-based approach in the work of the United Nations in Darfur.
Challenges and lessons learned An area of work that UNAMID has been engaged in is the Darfur peace process (Doha Peace Talks) even though this was not in the HRS’s work plan. The Section monitored and actively engaged in the Darfur peace process, particularly to ensure that a human rights-based approach was implemented in the planning and organization of the talks. The HRS’s contribution was appreciated and well received to the extent that human rights officers were deployed to assist in the mediation process, providing technical advice to the Mediator on mainstreaming human rights concerns in the process. The HRS also organized and supported the participation of CSOs in the process. The added value of the HRS’s role in the Doha peace talks included the wealth of technical knowledge and information on human rights and protection issues in Darfur that the human rights team provided in the drafting of agreements between the parties to the conflict. The Section eventually became an active facilitator of the process vis-à-vis ensuring the inclusion of a human rights-based approach, as well as the integration of rights and justice notions into a draft agreement prepared through the mediation. Unfortunately, the agreement was not signed as planned and it remains unclear when talks will resume.
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Year established
1996 (as a stand-alone office) and 2008 (integration with the Human Rights Division of DPKO)
Staff as of 31 December 2010
101
Background The human rights situation in the Democratic Republic of the Congo (DRC) continued to be of grave concern during 2010. Despite the renewed commitment of the Government to improve the human rights situation throughout the country, its efforts remained limited and little progress was observed in the field of the structural reforms that are essential for achieving positive change. The situation is still particularly worrying in the eastern part of the country, where the United Nations Joint Human Rights Office (UNJHRO) continued to document grave violations of human rights and international humanitarian law by the national security forces and illegal armed groups, mainly the Democratic Liberation Forces of Rwanda (FDLR) and the Lord's Resistance Army (LRA). In the provinces of Kivus and Orientale, all armed groups continued to commit serious violations against civilians, including murders, sexual violence, looting and abductions. Despite the efforts to combat impunity for sexual violence, this phenomenon persists and rape continues to be widespread as a weapon of war by all parties in conflict. Over 350 civilians were raped in the Walikale territory, North Kivu Province, by a coalition of armed groups over just a few days at the end of July and beginning of August. The year 2010 was also marked by new threats and acts of violence against human rights defenders, journalists and political opponents. The killing of one of the most prominent Congolese human rights activists in June, is illustrative of this trend that is likely to worsen as elections approach. UNJHRO contributes to ending impunity for the above-mentioned violations by inter alia conducting investigations, including joint investigations with the Congolese military and civil authorities; issuing public reports; participating in Joint Protection Teams; conducting human rights training and awareness activities throughout the country; engaging in advocacy with different stakeholders; and strengthening the capacity of and providing support to national judiciary partners to enhance access to justice for victims.
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© UNHCR/P. Taggart
United Nations Joint Human Rights Office in the Democratic Republic of the Congo
Congolese women in North Kivu, Democratic Republic of the Congo.
On 1 October 2010, OHCHR released the Mapping Report on the most serious violations of human rights and international humanitarian law committed in the DRC between 1993 and 2003. The report also examines various options for overcoming the enormous obstacles posed by dysfunctional institutions, to enable the provision of truth, justice, reparation and reform for millions of victims of human rights violations.
Results National laws, policies and institutions (EA1) UNJHRO contributed to ensuring increased compliance with international human rights standards by the (civil and military) judiciary through intense advocacy, public relations programmes, training and the provision of technical support to judicial actors. UNJHRO provided support for the elaboration of a draft code on professional ethics for magistrates and helped to improved the knowledge of judicial actors on past and present human rights violations by supporting judicial investigations and holding “commissions rogatoires”, as in the cases of five officers of the Armed Forces of the Democratic Republic of the Congo (FARDC) who were accused of rape and other serious human rights violations. u On 4 April 2010, the Senate adopted the draft Law on the Criminalization of Torture, which makes the practice an offence in its own right and provides for severe penalties. However, the text has not yet been adopted by the National Assembly. UNJHRO continues to advocate with parliamentarians for the approval of the Law. On 23 June 2010, two directives containing measures designed to help combat torture and death in detention were signed by the Military Attorney General and addressed to the Military Prosecutor’s offices within the country. u
OHCHR IN THE FIELD: AFRICA
u
Investigations by judicial authorities are ongoing and a Mai-Mai Cheka leader was detained in connection with the events that took place in 13 villages on the Kibua-Mpofi axis, Walikale territory, North Kivu Province, between 30 July and 2 August. UNJHRO provided detailed information on the events and established that at least 387 people, including 300 women, 23 men, 55 girls and nine boys, were raped by a coalition of armed groups, including the FDLR and the Mai-Mai Cheka. Parliamentarians, relevant ministries, and representatives of NGOs and the private sector were given training in the human rights implications of the illegal exploitation of natural resources, leading to increased awareness on the matter. The workshops were organized by UNJHRO in collaboration with the International Conference for the Great Lakes Region.
Justice and accountability mechanisms (EA3) u On 1 October 2010, the High Commissioner for Human Rights issued the report of a mapping exercise that documented serious human rights violations committed in the DRC between 1993 and 2003. After the release of the report, the Minister of Justice and Human Rights indicated in a press release that the Government of the DRC is in favour of the establishment of specialized chambers of mixed character within Congolese jurisdictions to judge internationally recognized crimes. Participation (EA5) u The use of the legal system by victims has been encouraged by providing guidance to victims on their basic rights; facilitating the relocation of victims, witnesses and alleged perpetrators; supporting investigations (Joint Investigation Teams); training NGOs on judicial assistance to victims; and establishing a protection scheme for witnesses, victims and those assisting them. In addition to the 10 legal clinics already operating in the east of the DRC, 12 new legal clinics are expected to be established in 2011. Despite the inexistence of reliable statistics, an increased use of the legal system by the victims was observed, particularly in the context of sexual violence. In line with this, there was an increase in the number of convictions on cases related to sexual violence. State engagement with human rights mechanisms (EA6) u Support was provided to the follow-up of recommendations made by the UPR and other UN human rights mechanisms in recent years through the facilitation of a working session on their categorization and prioritization. The
Inter-ministerial Working Group for the preparation of reports was reactivated and trained on human rights protection mechanisms. Responsiveness of the international community (EA10) u The latest UN Security Council resolution (SCR1925) on the DRC gives an important emphasis to human rights priorities and demonstrates an increased understanding among the international community of the key role human rights issues play in the DRC. The monitoring and reporting on human rights issues conducted by the Section was a major contribution to this result. Human rights mainstreaming within the United Nations (EA11) u The setting up of two mechanisms for the protection of civilians, namely the Joint Investigation Teams and the Joint Protection Teams, is an important achievement in the integration of human rights standards within the United Nations mission and the UN Country Team. UNJHRO has been playing a prominent role in leading these teams and has strengthened its contribution to the teams in eastern DRC by setting up a project through which a team will work exclusively on MONUSCO’s mandate to protect civilians.
Š Gween Dubourthoumieu
u
The UNJHRO launched a six-month awareness campaign to tackle impunity on sexual violence in thirteen localities in Katanga Province with the motto "Sexual Violence, Break the Silence". Image from one of the workshops.
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Challenges and lessons learned Combating sexual violence continues to be one of the main challenges and priorities of the Office. To address this issue of concern, on 3 February 2010 UNJHRO launched a six-month awareness campaign to tackle impunity connected to sexual violence in 13 localities of Katanga Province under the motto “Sexual Violence, Break the Silence!”. The Office also continued to contribute to the promotion and protection of women’s rights through its Nationwide Access to Justice of Victims of Sexual Violence Programme, which is geared towards fighting impunity. The publication of the Mapping Report and its recommendations served as a starting point for discussing mechanisms for transitional justice in the DRC in order to address the serious crimes documented in the report and break the cycle of impunity. The report enhanced the profile of the High Commissioner and the visibility of OHCHR in the context of the fight against impunity and the establishment of transitional justice mechanisms in the DRC. Sustained interaction with other parts of the UN Secretariat, including the Department of Peacekeeping Operations (DPKO) and the Department of Political Affairs (DPA), helped to mainstream human rights throughout the UN system and enhanced general understanding of the added value of public reporting on human rights.
United Nations Peace-building Support Office in Guinea-Bissau Year established
1999 (as the Human Rights Section of UNOGBIS; as an integrated mission since 2010)
Staff as of 31 December 2010
13
Background Several consecutive years of political instability with frequent military interventions, alleged drug trafficking, organized crime, impunity and the collapse of State institutions and social services combined to worsen the country’s overall situation and contributed to its deteriorating human rights record. Extreme poverty, massive unemployment and rising food and fuel prices have had a negative impact on the economy, especially on the purchasing power of the majority of the population. Demonstrations and strikes have taken place in reaction to the increased prices of basic food and commodities, delayed salary
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payments and the need for social rights to be respected. The extreme dependence on the international community for budgetary support and for the implementation of crucial public administration, justice and security sector reform increases the country’s vulnerability. By the end of 2010, Guinea-Bissau had received debt relief from the International Monetary Fund. The Human Rights and Gender Section was created in January 2010 with the establishment of the new mission. It focused on mainstreaming human rights and gender in national planning and strategic documents as well as ensuring a human rights-based approach in UN and Government programmes. In 2010, the Section helped to reinforce the commitment, awareness and technical capacity of national counterparts in the promotion and protection of human rights and the rule of law, and strengthened coordination among national stakeholders engaged in human rights protection and gender equality.
Results National laws, policies and institutions (EA1) Detention conditions in Bissau, particularly those affecting children and women, improved as a result of regular monitoring, advocacy and the provision of technical advice. The Section’s activities also led to the release of persons who had been arbitrarily detained. u With the support of the Section, a draft law on domestic violence, human trafficking and reproductive health was formulated, which is currently being discussed and may be approved in 2011. u A National Plan of Action and a Steering Committee for the implementation of UN Security Council resolution 1325 were developed in conjunction with the technical and financial support of the Section. The Steering Committee is made up of representatives from the Government, NGOs, security and defence institutions and the United Nations. u Gender was mainstreamed in all Security Sector Reform (SSR) efforts of the Government, including in the Vulnerable Person's Unit. It is expected that by 2011, human rights and gender will be integrated in all SSR structures. u
Ratification (EA2) In November 2010, the Government ratified two key human rights treaties – the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT) as a follow-up to the recommendations received by the country through the UPR.
u
OHCHR IN THE FIELD: AFRICA
State engagement with human rights mechanisms (EA6) u Support was provided by the Section to the Ministry of Justice in the preparation of the Guinea-Bissau human rights report that was submitted to the Human Rights Council in connection with the UPR. The Section and the UN Country Team actively participated in the preparations for and follow-up to the UPR recommendations. The level of awareness raised among national partners on the outcome of the UPR exercise helped to ensure that they were engaged in supporting its implementation. u Guinea-Bissau submitted its report for the Committee on the Elimination of Discrimination against Women (CEDAW) in 2010. The section provided technical advice in the preparation of the report and attended constructive meetings with the State’s representative on this matter. Human rights mainstreaming within the United Nations (EA11) u The UNCT integrated gender and human rights perspectives into the United Nations Development Assistance Framework (UNDAF) and Poverty Reduction Strategy Paper (PRSP). The Section provided input to the elaboration of these documents and advocated for the integration of gender and human rights perspectives into them.
Challenges and lessons learned The establishment of a new National Human Rights Commission in 2008 is indicative of the will of the Government to engage in establishing a human rights protection system. Efforts are being made to ensure that the Commission’s statute is in accordance with the internationally recognized standards for national human rights institutions, and this will require further monitoring by the Human Rights and Gender Section in the coming year.
United Nations Mission in Liberia Year established
2003
Staff as of 31 December 2010
46
Background Liberia made progress in addressing human rights concerns in 2010. Some of its achievements included the submission of its UPR national report, the establishment of the Independent National Commission on Human Rights (INCHR) and key ministries adopting a human rights-based approach in their programming. Key remaining challenges in Liberia include barriers to criminal justice that impact on the administration of justice and people’s access to it; violence against women and girls, particularly sexual violence and female genital mutilation; and limited access to education and healthcare. Some provisions of the constitutional framework and aspects of the legal framework exacerbate discrimination, a situation that is made worse by inadequate State structures outside Monrovia and the main county towns. The majority of Liberians are unable, because of poverty or location, to access formal justice systems. The Constitution contains provisions that protect human rights, including the recognition of the rights of suspects and detainees and the right to an effective remedy, but in practice few Liberians understand or can afford access to such remedies. Aside from the criminal justice system, other remedies, particularly those that should hold public officials accountable for human rights violations, are weak or non-existent. The Human Rights and Protection Section (HRPS) of the United Nations Mission in Liberia (UNMIL) continued to monitor the human rights situation and engage relevant authorities, focusing efforts on building sustainable national capacity to protect human rights. The Section supported civil society organizations (CSOs) and the newly-created INCHR, and engaged in data collection for a national human rights action plan (NHRAP). The Section also worked to ensure the sustained application of human rights standards in the operations of businesses and within the security and law enforcement sectors.
Results National laws, policies and institutions (EA1) Human rights training for the Liberian National Police (LNP) has been institutionalized and is now a standard module for all new recruits in the curriculum of the Police Academy. The HRPS also
u
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u
u
u
continued its follow-up work by conducting two assessment workshops to review the progress and activities of 23 LNP and Bureau of Immigration and Naturalization trained trainers, helping to resolve any obstacles they faced in the field and initiating discussions on incorporating ongoing monitoring into their daily work. The Section also continued to provide technical support and advice to a core group of 18 Armed Forces of Liberia (AFL) human rights trainers. Following long delays, the INCHR was established in September. The Commission is still in the early stages of its set-up and has yet to develop a strategic plan. The Section started to build the knowledge and capacity of the commissioners by providing two trainings in the last quarter of the year. In the context of developing Liberia’s NHRAP, the Section provided technical support for three major data collection and analysis initiatives in 2010: the Core Welfare Indicators Questionnaire, the National Labour Force Survey, and the National Human Rights Survey, which sets a baseline for NHRAP monitoring and has a specific focus on gender issues and women’s rights. The Section also provided technical support to the Disabilities Task Force and helped in the production of an Issues Paper on People with Disabilities, also intended to feed into the NHRAP and all Government planning and implementation. There is a clear link between the UPR recommendations and the NHRAP. The Section provided technical assistance to the National Investment Commission (NIC), which led to the development of the NIC Business and Human Rights Ten Principle Framework and Concession/Investment Agreement Model.
Justice and accountability mechanisms (EA3) u The final policy draft of the National Health Promotion Policy Working Group has been validated, with the support of HRPS. It seeks to ensure that health promotion interventions will be guided by a human rights-based approach. State engagement with human rights mechanisms (EA6) u The Section provided technical advice for the UPR consultation and drafting process. With this support the UPR drafting subcommittee held monthly meetings, devised and implemented a
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work plan, organized and ran three regional consultations on human rights involving participants from all of Liberia’s 15 counties, and organized a national validation workshop for the final draft report, submitted in August 2010. The Government of Liberia led the entire regional and central planning, consultation and writing process. Civil society organizations were involved throughout, and a coalition of Liberian CSOs submitted a UPR stakeholder report. Human rights mainstreaming within the United Nations (EA11) u An international consultancy funded by the Section found that clearly defined human rights principles are incorporated into the United Nations Development Assistance Framework (UNDAF) and the Poverty Reduction Strategy (PRS). Additionally, disaggregated human rights indicators have been defined and are being used by the UNDAF Monitoring and Evaluation and PRS tracking programme.
Challenges and lessons learned Liberia’s initial UPR was a genuinely nationally led process. The UPR was regarded as being part of a wider process of constructive national engagement with the analysis, monitoring, resolution and reporting of human rights issues, and not simply as a one-off requirement to be met. One potential obstacle to UPR follow-up that emerged is the lack of funds for finalizing the analysis of the data that was gathered alongside the UPR process. At the quarterly review point, when HRPS reassessed the earliest possible establishment date for the INCHR, funds allocated to the Commission were switched to field projects aimed at empowering national CSOs and building their capacity to monitor, report and advocate for improvements in the level of compliance with human rights principles, and raise human rights awareness in local communities. Fifty local-level projects were implemented. Supplemented by a workshop for 28 CSOs from 14 counties, these activities laid the foundation for partnership with, and support for, county-based human rights defenders who can in the future work both independently and support the work of the INCHR to ensure nationwide understanding of the Commission and access to it.
OHCHR IN THE FIELD: AFRICA
United Nations Integrated Peace-building Office in Sierra Leone Year established
1998
Staff as of 31 December 2010
8
Sierra Leone has made progress in building its capacity to promote and protect human rights. An active multi-party democracy has evolved and the enactment of some crucial laws in the fields of the rights of women and children has improved the ability of the legal framework to protect the rights of vulnerable peoples. However, customs and traditions still promote harmful practices (e.g. female genital mutilation) and discrimination that bars the full implementation of these laws. Socio-economic conditions remain extremely challenging and financial and capacity constraints limit the ability of human rights institutions to comply with their tasks. These constraints also have a negative impact on the administration of justice, creating room for impunity. The constitutional review process has been delayed and crucial recommendations made by the Truth and Reconciliation Commission (TRC), including the abolition of the death penalty, are yet to be implemented due to problems in meeting financial requirements and a lack of political will. The upcoming 2012 elections represent one of the major challenges that the country still has to face. OHCHR has been involved in Sierra Leone since 1998 as part of successive United Nations missions, including that of the current United Nations Integrated Peace-building Office in Sierra Leone (UNIPSIL).
Results National laws, policies and institutions (EA1) u The Human Rights Section (HRS) of UNIPSIL developed a curriculum on human rights and gender issues for the training of 7,200 members of the various security forces. The curriculum has been incorporated into the training of police, fire services, prison officers, the Office of National Security and the army, and it is now part of the programme for future training. A handbook for the Sierra Leone Security Sector was also produced as a result of the initiative, and included a chapter on human rights and gender. Justice and accountability mechanisms (EA3) u In October 2010, a 2nd National Consultative Conference on the Status of Implementation of
Š OHCHR
Background
Celebration of Human Rights Day in Freetown, Sierra Leone.
the Truth and Reconciliation Commission recommendations was organized by the Human Rights Commission of Sierra Leone in collaboration with OHCHR. As a result of this conference, a forum for Government, national and international stakeholders was created to assess the status of implementation of the recommendations and identify challenges. Access to justice and basic services (EA4) The HRS was a member of the task force that formulated the National Action Plan on UN Security Council resolutions 1325 and 1820, which was launched in March 2010. All five pillars of the Action Plan are a direct response to the provisions of the UN Security Council resolutions. The HRS also contributed financial support for the official launching of the Plan, took part in the regional and national consultative forums and gave technical support for the development of the monitoring indicators. u The capacity of the Family Support Unit of the Sierra Leone Police to deal with domestic and gender-based violence cases was increased through targeted work conducted by the HRS. u A human rights-compliant disability bill was tabled in Parliament and the House reached a consensus on it. The Bill is currently at the legislative committee for final perusal. The HRS gave technical support to civil society organisations (CSOs) during consultations and advocated for the enactment of the Bill. It also organized jointly with the Human Rights Commission a national consultative conference with high-level participation and hosted a pre-legislative discussion on the Persons with Disability Bill for members of the Legislative and Human Rights Parliamentary Committees. u
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State engagement with human rights mechanisms (EA6) u The HRS provided logistic and consultancy support to the Human Rights Secretariat at the Ministry of Foreign Affairs and International Cooperation in its work on treaty reporting and the UPR. It also provided technical support for the validation of the Common Core Document and supported the Secretariat in conducting four regional workshops for the preparation of the State report to the UPR. As a result, in 2010 the Secretariat has been able to almost complete the drafting of the State report for the UPR and has plans to work on the International Covenant on Civil and Political Rights (ICCPR) report. Civil society organizations were also provided UPR-related information and supported in the development of their reporting strategies. This led to the Human Rights Commission and CSOs submitting their reports on time. Human rights mainstreaming within the United Nations (EA11) u UNIPSIL and the UN Country Team agreed on a UN Joint Vision strategy with 21 programmes that includes a major programme on Access to Justice and Human Rights, indicating an increased awareness amongst UN agencies in Sierra Leone of the need to use a human rights-based approach in their programming.
Challenges and lessons learned Although there is now a stable central Government with power decentralized through local district councils, politics is still fragmented along regional and ethnic lines with the manifestation of political intolerance becoming more prevalent. Emerging political violence ahead of the 2012 elections; capacity constraints on the police and justice; corruption; youth unemployment; and tackling gender imparity are the remaining key challenges to the protection of human rights and the consolidation of peace. There is always a need to harmonize the mandate and priorities of UNIPSIL with the OHCHR annual work plan. On top of that, coordination with other UN actors is good but at the same time requires additional efforts to avoid overlap. In this sense, for example, the United Nations Development Programme (UNDP) has an Access to Justice and Human Rights Project that covers the same areas as the HRS. It was therefore agreed that while UNDP will focus more on rule of law and access to justice, the HRS will take the lead in human rights matters (including working with the National Human Rights Institution), international treaty reporting, monitoring and capacity-building.
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© OHCHR
OHCHR IN THE FIELD: AFRICA
The Deputy High Commissioner, Kyung-wha Kang, met with victims of the conflict in Somalia.
United Nations Political Office in Somalia Year established
2008
Staff as of 31 December 2010
9
Background In 2010, the armed conflict between African Union Mission for Somalia (AMISOM)-backed Transitional Federal Government (TFG) forces on the one hand and Al-Shabaab and Hisb’l Islam on the other continued to threaten the right to life in Somalia and caused violations of civil, cultural, economic, political and social rights on a large scale. Impunity for human rights violations remains widespread. Death or injury resulting from crossfire, mortar shelling, suicide bombings, improvised explosive devices, displacement, reduced access to humanitarian assistance and increased sexual and gender-based violence are daily realities for civilians living in zones of conflict in Somalia. Protection and coping systems have largely fallen apart. Grave human rights abuses committed by Al Shabaab and Hisb’l Islam in southern and central Somalia include child recruitment, summary executions, amputations, flogging, arbitrary detention and torture, threats and intimidation. Two teenage girls accused of spying were among those executed. A call for greater resolve from the international community in addressing the human rights and humanitarian crisis was voiced by the Deputy High Commissioner (DHC) when she visited Somalia in September 2010. Missions to Somalia by special procedures mandate-holders, such as the Special Representative of the Secretary-General on children
OHCHR IN THE FIELD: AFRICA
in armed conflict and the Independent Expert on the situation of human rights in Somalia, facilitated by OHCHR-Somalia and the United Nations Political Office for Somalia (UNPOS), provided the Somali authorities and other actors with practical and action-oriented recommendations, while at the same time drawing the attention of the international community to the grave human rights situation in the country.
Results National laws, policies and institutions (EA1) u Despite the unstable situation, encouraging results were achieved in the Constitution-drafting process – part of the 2008 Djibouti Agreement – with the publication of a consultative draft and the launching of civic education activities in July. In May, OHCHR-Somalia’s deployment of a rule of law expert to guide the Independent Federal Constitution Committee contributed to the incorporation of human rights provisions in Somalia’s draft Constitution. u The Human Rights Unit at UNPOS supported the planning phase and inception of human rights commissions in Somaliland and Puntland. At the request of the regional authorities, OHCHR commented on the draft legislation establishing the Somaliland Human Rights Commission. Most of the comments were taken on board. u The Human Rights Unit at UNPOS collaborated with UNICEF to advocate for the end of the recruitment of child soldiers. Child recruitment is now included in the agenda of the Joint Security Committee, which is composed of representatives of the TFG and the international community and responsible for the implementation of the security arrangements under the Djibouti Agreement. A National Focal Point for Child Protection and Human Rights was named by the Prime Minister. State engagement with human rights mechanisms (EA6) u The Somali authorities actively participated in the high-profile stand-alone interactive dialogue on assistance to Somalia in the field of human rights, conveyed by the Human Rights Council (HRC) and organized by OHCHR on 29 September 2010. The dialogue provided the HRC with a new format for addressing country-specific human rights situations and also led to a formal request
from the Somali authorities for the provision of technical assistance to the TFG for the review of Somalia by the UPR Working Group in May 2011. Civil society engagement with human rights mechanisms (EA7) u The Human Rights Unit at UNPOS strengthened links with human rights defenders, and conducted briefings in Uganda, Somaliland, Puntland, Nairobi and Geneva on the UPR process, thus contributing to the timely presentation of 26 submissions from civil society to the UPR. Human rights mainstreaming within the United Nations (EA11) u UNPOS and OHCHR’s advocacy for the protection of civilians in the armed conflict contributed to a dialogue between UNPOS, AMISOM and TFG forces on the need to limit harm to civilians. The UN/AMISOM Working Group on the Protection of Civilians was created as a preventive mechanism.
Challenges and lessons learned Somalia remains a difficult environment in which to operate. The Human Rights Unit at UNPOS has encountered a number of challenges in the implementation of its mandate, including, inter alia, a rapidly deteriorating human rights situation; a difficult security environment with most of Somalia under security phase IV or higher; its location in Nairobi, forcing it to implement its activities remotely; political divisions within the TFG for most of 2010 depriving the Unit of a stable and clear governmental interlocutor; and severe staffing shortages. This affected the implementation of the work plan for Somalia as laid out in the 2010 country note. The TFG appointed a Human Rights Focal Point in 2009 who served in this capacity until the Government was dissolved as a result of the internal political crisis in 2010. A new Human Rights Focal Point was appointed in November 2010. In the unstable and constantly changing context of Somalia, close cooperation and consultation with the Focal Point, other Government representatives and the Permanent Mission of Somalia to the UN is critical to advancing the human rights agenda.
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© UN Photo/Tim McKulka
Sudanese people celebrate the 5th anniversary of the Comprehensive Peace Agreement.
United Nations Mission in Sudan Year established
2005
Staff as of 31 December 2010
102
Background The political and human rights context in the Sudan in 2010 was dominated by national elections in April and preparations for the referendum on Southern Sudan. These events formed the last and most critical stages of the Comprehensive Peace Agreement (CPA). While the elections were welcomed as a key step towards the democratic transformation of the country, the anticipated expansion of political space did not materialize. The post-election and pre-referendum period was characterized by political aggression with a deteriorating environment for civil and political rights, including arrests of political and human rights activists and restrictions on press freedom. In Southern Sudan, inter-communal violence, fuelled by arms and political spoilers, continued into 2010 as ethnic groups fought over scarce resources and settled scores that a weak judicial system was unable to remedy. By the end of October, more than 900 people were reported killed and over 200,000 had been displaced, either through clashes between
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feuding communities or as a result of fighting between civilians and security forces. The United Nations Missions in Sudan’s (UNMIS) Human Rights Section (HRS) continued to support and strengthen the capacity of key State actors – including the Southern Sudan Human Rights Commission (SSHRC), administration of justice actors and civil society organizations – to promote and implement international human rights principles. In the context of the elections, the Section focused largely on public awareness campaigns and trainings on political rights and freedoms with a view to drawing lessons for the referendum.
Results National laws, policies and institutions (EA1) The level of technical assistance the Section gave to the SSHRC was strengthened in 2010, along with the level of its collaboration with the Commission. An international consultant was assigned to work closely with the Commission to finalize the draft Internal Rules and Regulations and draft Complaints Handling Mechanism documents. Final approval from the SSHRC is pending. The Section also supported the Commission through joint monitoring, capacitybuilding and advocacy activities in all locations where the SSHRC had a presence.
u
OHCHR IN THE FIELD: AFRICA
u
u
The completion and printing of the Human Rights Training Manual for the Southern Sudan Police Service (SSPS) was a major milestone. Some 400 copies were printed and distributed to the police. The manual was piloted in training of trainers courses in four locations in Southern Sudan (Bentiu, Bor, Juba and Torit), and one location in the Transitional Areas (Damazin). The manual will be used as a point of reference for additional training sessions to be implemented by the HRS in 2011. With regard to the promotion of women’s rights, UNMIS Human Rights provided technical assistance to the Unit on Combating Violence against Women and Children. It assisted the Unit in the preparation of its annual work plan and in activities supporting the plan’s implementation. The work plan is in compliance with international standards and has been approved by the relevant governmental ministry.
State engagement with human rights mechanisms (EA6) u On the UPR process, the Section provided comprehensive training sessions in 24 locations to all the relevant entities involved in the process, namely the Government of National Unity and the Government of Southern Sudan, the SSHRC, the UN Country Team and other stakeholders, including civil society. The State’s report is expected to be submitted on time. Human rights mainstreaming within the United Nations (EA11) u The Section set up a “UN – Civil Society” forum in Khartoum to enhance interaction and collaboration between the United Nations and civil society on human rights issues in the Sudan.
Challenges and lessons learned The most significant constraint affecting the implementation of many capacity-building activities during the year was the unavailability of key Government interlocutors and partners to engage with during the election period in April. In addition, activities in relation to the National Human Rights Commission could not be implemented because the Commission is yet to be established, even though enabling legislation was passed in April 2009. Programme implementation with respect to prison reform was also affected by UNMIS’s lack of access to State run prisons and detention facilities.
3
The Section supported a visit by the Independent Expert on the situation of human rights in the Sudan in January 2010. No further visits by the Independent Expert or other special procedures mandate-holders were made in 2010. The Government remains sceptical about engagement with special procedures. Collaboration with the National Security Service (NSS) has been more difficult. The NSS Act 2010 stipulates a mandate contrary to the role foreseen for the NSS in the CPA and the Interim National Constitution of 2005, and poses a number of human rights concerns. Against this background, the drafting of a human rights training manual for the NSS has been discontinued and training for the NSS delayed until 2011. The Section continues to observe human rights violations committed by the police and security agencies.
Human Rights Advisers to UN Offices and Country Teams Great Lakes Region (Bujumbura, Burundi) Year established
2009
Staff as of 31 December 2010
1
Background The situation in the Great Lakes region has for a long time been marked by weak governance and the absence of the rule of law, policies of exclusion and marginalization, sexual violence and entrenched impunity. These factors are the source of continued instability in many countries of the region. OHCHR’s role has been to cooperate closely with the International Conference on the Great Lakes Region (ICGLR)3 and the region’s UN country teams. The major areas of work that the Regional Human Rights Adviser (RHRA) focused on included providing support for the implementation of the human rights dimension of the Pact on Stability, Security and Development in the Great Lakes; integrating human rights into national and regional laws and policies (especially the rights of internally displaced persons [IDPs] and returning populations); combating sexual violence; preventing genocide; protecting economic, social and cultural rights; combating impunity; and preventing the illegal exploitation of natural resources.
The Member States of ICGLR are Angola, Burundi, Central African Republic, Republic of the Congo, Democratic Republic of the Congo, Kenya, Rwanda, Sudan, Tanzania, Uganda and Zambia.
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The RHRA has worked to facilitate the development of joint programmes aimed at supporting the work of national, regional and international partners in strengthening national and regional systems for the protection and promotion of human rights, especially during the pre- and post-election process. Efforts have also been made to foster collaboration and the sharing of best practices and experience among UNCTs and the National Coordination Mechanisms of the ICGLR in the region. Support has also been given for the implementation of the human rights and good governance dimension of the Security, Stability and Development Pact of the Great Lakes Region and the programme activities of the ICGLR.
Results National laws, policies and institutions (EA1) u The RHRA participated in the elaboration of a national law on combating sexual violence in Burundi that domesticates the ICGLR protocol and adapts it to the realities of the country. In the Central African Republic (CAR), the Adviser is also providing financial and technical assistance for the revision of the existing Law on sexual violence, to bring it in line with the regional protocol, and has worked on the establishment of treatment centres for victims. In close collaboration with the Special Rapporteur on the human rights of internally displaced persons, the RHRA also provided support to national stakeholders and the Government of the CAR for the elaboration of the country’s first specific law on IDPs. Participation (EA5) u OHCHR supported the promotion and protection of human rights during the five-month electoral process in Burundi through monitoring efforts and the provision of human rights training to ICGLR observers. Based on information provided by OHCHR and in order to address escalating violence and conflict after the withdrawal of the opposition, the ICGLR sent a high-level mission to Burundi to discuss the situation with both the Government and the opposition. This conflict prevention activity helped to diminish tension and prevented the further escalation of violence. Responsiveness of the international community (EA10) u Government and civil society representatives participated actively in recommending joint ICGLR/OHCHR regional initiatives and contributed to the elaboration of a joint
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u
subregional human rights strategy for 2011. The main topics of this strategy are economic, social and cultural rights and the fight against the illegal exploitation of natural resources; the prevention of genocide and the fight against impunity; elections and human rights; and the provision of support to the Regional Human Rights Observatory. OHCHR supported the ICGLR in setting up its Regional Committee on the Prevention of Genocide, which was approved by the Heads of States Summit in Lusaka on 15 December 2010. The Summit also adopted the Regional Initiative on the Fight against the Illegal Exploitation of Natural Resources, which includes the certification of natural resources to ensure that they do not come from conflict areas.
Human rights mainstreaming within the United Nations (EA11) u A subregional workshop for the national coordination mechanisms of ICGLR and the UNCTs of the Democratic Republic of the Congo, Burundi and Rwanda took place in Burundi in December 2010. The workshop allowed for mutual learning on key regional human rights issues and for the establishment of a follow-up mechanism. As a result, the UNCTs increased their level of support for national activities aimed at strengthening human rights, including the United Nations Stabilization Mission of the Democratic Republic of the Congo’s support for the regional initiative on the fight against the illegal exploitation of natural resources and a training by the UNCT in Rwanda on elections and human rights for youth representatives.
Challenges and lessons learned OHCHR supported ICGLR in setting up its Regional Committee on the Prevention of Genocide, which was approved by the Heads of States Summit in Lusaka on 15 December 2010. This Committee is based on a regional protocol on the prevention of genocide which provides a unique legal and political framework for its prevention. OHCHR assisted the Committee in the elaboration of its internal procedures and work plan in September 2010 and provided training to its members together with the Office of the Special Advisor to the Secretary-General on the prevention of genocide and OHCHR’s Uganda Office. The setting up of this Committee and the elaboration of its work plan is an innovation as it makes the Great Lakes Region the first region in the world to work collectively on the prevention of genocide.
OHCHR IN THE FIELD: AFRICA
However, support to the domestication of the regional protocol on the combat against illegal exploitation in ICGLR Member States and to the human rights dimension of the regional certification mechanism still needs to be strengthened.
© IRIN/Wendy Stone
The Committee has a regional reach and will help Member States to regularly review the situation in each State for the purpose of preventing genocide and alert the Summit of the ICGLR in good time in order to take urgent measures to prevent potential crimes. OHCHR also provided the necessary funding, technical advice and partnership for the Committee to start its work.
Kenya Year established
2008
Staff as of 31 December 2010
1
referendum, the HRA worked to improve knowledge on hate speech and the protection of human rights in the National Cohesion and Integration Commission, while also working to support the KNHCR on the development of a monitoring framework.
Background In 2010, Kenya continued on the path to recovery from the devastating effects of the post-election violence of December 2007 to January 2008. The adoption of a new Constitution with an expansive bill of rights in August and Kenya’s successful participation in the UPR process in May are key positive steps. Nevertheless, challenges remain relating to accountability for past human rights violations, combating impunity and restoring public confidence in the judiciary. Expectations are high that the implementation of the new Constitution will positively contribute to the fight against impunity. The Human Rights Adviser (HRA) continues to contribute to the strategically targeted human rights support that the UN County Team provides to the Government, national institutions and civil society. The HRA also provides technical expertise and advice on the transitional justice process, especially with regard to the Truth, Justice and Reconciliation Commission (TJRC) and the possible establishment of a Special Tribunal.
Justice and accountability mechanisms (EA3) The KNHCR, victims and human rights defenders submitted reports to the TJRC. The HRA helped in this endeavour by organizing workshops on victim protection and a training session with female victims of the 2008 post-election violence in Nakuru.
u
Human rights mainstreaming within the United Nations (EA11) u The knowledge acquired by members of the Human Rights Working Group after the training the HRA gave on human rights-based approach, methods for developing indicators and an introduction to applying the rights-based approach to budget analysis, have been translated into tools for assessing the implementation of the United Nations Development Assistance Framework (UNDAF). u Two UNCT joint reports were submitted for Kenya’s consideration under the UPR and the Committee on the Elimination of Discrimination against Women (CEDAW).
Results Challenges and lessons learned National laws, policies and institutions (EA1) u The strategic partnership developed with the Kenya National Human Rights Commission (KNHCR), the National Cohesion and Integration Commission, and national peace and security actors (the UWIANO Platform) made it possible for comprehensive human rights monitoring of the situation to take place prior to, during and after the referendum. In the lead up to the
The most critical factors which affected the programme in 2010 were the increasing politicization of human rights issues by political actors; managing high expectations and a capacity deficit of national actors on human rights issues; and the continually changing political landscape with respect to support for the transitional justice process.
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© EFE/ Isabel Martínez Pita
OHCHR IN THE FIELD: AFRICA
Influenced somewhat by the politically unstable environment, providing support for transitional justice initiatives in Kenya has been very challenging. This is partly due to the absence of a national policy on transitional justice which could have provided a framework for managing options more effectively and adhering to internationally accepted guidelines and standards. The politicization of human rights issues has affected the degree of engagement of the United Nations as a whole, and the HRA specifically, with the Kenyan Government, limiting opportunities to counter the prevailing challenges in the sector, especially combating impunity and ensuring justice for victims. Due to the sensitive nature of the issues involved, sustaining a common UN position or strategy for dealing with impunity has been a major challenge. Each incremental step requires careful consideration and consultation with relevant partners. The situation has been managed with considerable success due to the support of the Senior Peace Adviser, as well as the leadership of the Resident Coordinator on these issues.
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Niger Year established
2008
Staff as of 31 December 2010
1
Background Since the advent of the 18 February 2010 coup d’état, the human rights situation has shown a marked improvement due to the policy of the transitional authorities of focusing on respect for the rule of law and the guarantee of human dignity. In line with this, legislation has been enacted to strengthen the guarantee of press freedom through the abolition of custodial sentences. The new Constitution provides for the establishment of institutions that work toward the protection of human rights. One such institution is the National Commission on Human Rights. Activities relating to human rights and gender awareness and supporting human rights in Niger are carried out under the Action 2 programme, which is run through close collaboration between the Ministry of Justice, the United Nations Coordinating Team in Niger and OHCHR.
OHCHR IN THE FIELD: AFRICA
The human rights situation in Niger has been especially marked by the food crisis, floods, violence against women and children, kidnapping, illegal detentions, the weakness of institutions, inadequate education, and a lack of awareness of human rights and gender principles.
to support the process. The activities conducted for the UPR were funded by UNDP, UNFPA, UNICEF, UNIFEM and WFP. The most pressing challenges now concern how to best assist the Niger delegation in defending the reports, and the issue of the implementation of the recommendations once they have been adopted.
Results
Rwanda Participation (EA5) u The Human Rights Adviser (HRA) managed to improve awareness among key institutions – namely the National Observatory of Human Rights and Fundamental Freedoms and women’s associations – of the rights of women to participate in political life, through conducting a series of training activities and awareness courses on topics such as the UPR process, human rights-based approach and non-discrimination issues. State engagement with human rights mechanisms (EA6) u Support was given toward the creation and establishment of an Inter-ministerial Committee for the drafting of reports on human rights conventions and the UPR report. The Committee was established in May 2010. With this support, which involved the UNCT and the International Organization of the Francophonie (OIF), Niger submitted its report to the UPR and developed an action plan to follow up on the recommendations. Activities have also taken place to support follow-up to the recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW). Human rights mainstreaming within the United Nations (EA11) u The awareness and knowledge of UN staff members of the UPR was enhanced through training and the dissemination of documentation. As a result, the UNCT’s report to the UPR was submitted on time and the agencies of the UN system were engaged in the development of the action plan to follow up on the implementation of UPR recommendations.
Challenges and lessons learned The drafting of the Niger report for the UPR and the development of the 2010 UPR action plan was a real innovation in this country, which may be an example of good practice to replicate in the subregion. An Inter-departmental Committee was established and two UN volunteers have been placed with the Ministry of Justice and Human Rights
Year established
2007
Staff as of 31 December 2010
1
Background In the months prior to the presidential elections in August 2010, attacks against the media and political opposition figures had a negative impact on the enjoyment of civil and political rights. These events put into question the Government’s commitment to freedom of expression, the right of human rights NGOs to freely operate in the country and the right of political actors to conduct their activities freely. They also highlighted the need for Rwanda to move from ratification to effective implementation of the International Covenant on Civil and Political Rights (ICCPR). The current President was re-elected in 2010 with 93 per cent of the vote following the adoption of an amended Constitution in June 2010. The Constitutional amendments considerably increased presidential powers. Rwanda has made tremendous progress since the genocide in 1994, especially on MDG 1 (economic growth and poverty reduction), MDG 2 (education), and MDG 3 (women’s rights). However, despite the establishment of a multi-party system in the Constitution progress on freedom of expression, good governance and democracy remains fragile.
Results National laws, policies and institutions (EA1) The One UN programme, with the contribution of the HRA, has provided technical and financial support to Parliament, relevant Government ministries, the justice sector, human rights institutions and civil society in an attempt to support their efforts and build their capacity to protect and promote human rights through a range of activities. With the support of the One UN programme, the Parliament established a Parliamentary Research Unit and has a legislative drafting manual. The programme also assisted in the drafting of the gender-based violence Law
u
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u
u
and the Laws on the rights of the child and the protection of children against violence. A gender desk is now operational at the police headquarters and the Defence Ministry. The UN Country Team contributed to the preparations for and holding of elections through capacity-building and technical expertise provided both to the National Electoral Commission (NEC) and civil society, in close collaboration with other development partners. The President won a landslide victory in the Presidential election, which was carried out in a peaceful way with few irregularities. Observers stressed how well the election process was managed, but also called for a more open debate, a pluralistic democracy and expressed concern over the lack of critical opposition parties in the election. Joint efforts were undertaken by UNICEF, the UNCT and the HRA as well as the National Human Rights Commission and other human rights partners to lobby the Senate against approving the law that would have violated the Convention on the Rights of the Child, which Rwanda is party to. The bill on lowering the child penalty age was later rejected in the Senate.
Justice and accountability mechanisms (EA3) u The NHRC was given technical and financial support to strengthen its work, such as an effective system to handle complaints regarding human rights violations. Since the programme began, the number of human rights abuses reported to the NHRC increased from 842 in 2006 to 1,361 in 2008. Access to justice and basic services (EA4) u The HRA provided technical assistance through the Ministry of Justice to legal aid clinics as part of its support to the UNDP’s Access to Justice Programme. These clinics provide legal counsel to the population at community level, especially to children and vulnerable women. State engagement with human rights mechanisms (EA6) u There was a high level of participation in the UPR process from civil society and the State. All ministries and key human rights institutions contributed to the national report and civil society was consulted twice during its preparation. However, the UPR report submitted by 36 civil society organizations in Rwanda was criticised by the Government for giving a false picture of the human rights situation, and approximately 15 organizations that initially participated in drafting the report withdrew their support.
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Human rights mainstreaming within the United Nations (EA11) u A joint Gender and Human Rights Mainstreaming checklist for the United Nations Development Assistance Framework (UNDAF) thematic groups on the planning, implementation, monitoring, evaluation and budgeting of consolidated annual work plans was developed by the Gender Task Force and the Human Rights Task Force with contributions from the HRA.
Challenges and lessons learned The low prioritisation in general of human rights within the One UN programme and the Government, the limited capacity of the Human Rights Task Force and a restrained budget have been internal factors placing constraints on the Adviser's work in Rwanda. Three activities were deferred due to lack of funds. Towards the end of 2010, the HRA had to cancel a human rights training for prison officials, a workshop on the MDGs and human rights for young people planned for International Youth Week, and the celebration of Human Rights Day together with the NHRC. The training for prison officials was rescheduled for 2011.
United Nations Office for West Africa Year established
2003
Staff as of 31 December 2010
4
Background Although most West African countries remained politically stable in 2010, a number of threats to democratic processes continued to hamper prospects for sustainable peace and security in the subregion. Progress that was made in strengthening human rights, promoting gender and encouraging civil society institutions was undermined by increased election-related tensions. The rise of ethnic and religious intolerance, local insurgencies and continued violations of human rights and impunity in some countries also threatened both domestic and regional peace and stability. Violence against women and girls is also a persistent problem in the region while conflict and crisis situations continued to have an adverse effect on efforts to improve governance, respect for human rights and gender equality. At the same time, there is a growing interest in promoting women’s participation in peace and security efforts within the subregion. Sierra Leone launched its plan for UN Security Council resolution 1325 on 12 June, while Guinea-Bissau and Guinea are now finalizing theirs.
OHCHR IN THE FIELD: AFRICA
Results National laws, policies and institutions (EA1) u Compared to 2005, the 4 March 2010 presidential elections in Togo revealed an encouraging decline in human rights violations, partly as a result of joint regional and UN efforts in the lead-up to the election in providing training for security forces and youths and raising public awareness on peace and respect for human rights during the electoral process. The Human Rights Adviser (HRA) to the United Nations Office for West Africa (UNOWA) worked in close collaboration with OHCHR’s Country Office and the UN Country Team in Togo on these activities. u The HRA undertook a study on the nexus between food security, human security, human rights and conflict in the context of climate change in the Sahel Band. This study will serve as an advocacy tool at the level of the Economic Community of West African States (ECOWAS). u In support of the activities of the UNCT in Guinea, the HRA organized a regional seminar on experiences and best practices relating to elections and security as part of capacity-building activities aimed at national stakeholders in the promotion of violence-free elections and respect for human rights during electoral processes. International and regional laws and institutions (EA8) u The emphasis placed by the HRA to UNOWA on mainstreaming gender in peace and security efforts in West Africa resulted in the adoption, in September 2010, of the ECOWAS Plan of Action on the implementation of UN Security Council resolutions 1325 and 1820, in the framework of the African Union (AU) decade for women and the 10th anniversary of UN Security Council resolution 1325. UNOWA will use this plan of action as the core basis for its cooperation with ECOWAS and all other stakeholders in West Africa over the coming three years. u UNOWA, with the support of the HRA, completed studies and developed a joint
framework of cooperation with the Mano River Union for peace and security within the AU that includes the promotion and protection of human rights within the Union.
Challenges and lessons learned The political leverage of the Special Representative of the Secretary-General for West Africa has been of tremendous assistance to all UN entities and country teams, especially in relation to complex political issues, combating impunity, transitional justice and matters relating to human rights promotion and protection. In Togo and Guinea, for example, the political leadership of the SRSG assisted in bringing human rights and gender to the centre of political negotiation and the election process. Avoiding work duplication with other United Nations entities and ensuring complementarity of action between them should remain a constant operational imperative for UNOWA. Over the years, and in particular with the establishment in 2008 of the regional representation of OHCHR in West Africa, UNOWA shifted its focus from serving as a focal point for human rights and gender to working in synergy with OHCHR, UN Women, UNFPA and UNICEF toward the mainstreaming of human rights and gender in all aspects of the United Nations’ contribution to peace and security in West Africa. The Road Map, a matrix which spells out joint activities and areas of overlap between UNOWA, OHCHR and all human rights field presences in West Africa, is one of the main mechanisms for joint programming in the field of human rights. This tool is revised every six months and allows for adjustments to be made to intervention strategies in line with priorities dictated by the socio-economic and political developments of the moment. In the area of gender, the joint impact at regional level of the Secretary General’s campaign to end violence against women and the Working Group on Women, Peace and Security in West Africa has strengthened OHCHR’s working relations with UN Women, UNFPA and UNICEF.
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OHCHR in the field: The Americas
Type of presence
Location
Country offices
l
Bolivia
l
Colombia
l
Guatemala
l
Mexico
l
Central America (Panama City, Panama)
l
South America (Santiago de Chile, Chile)
Human rights component in UN peace missions
l
Haiti
Human rights advisers in UN Country Teams
l
Ecuador
l
Honduras
l
Nicaragua**
l
Paraguay
Regional offices
** Closed in 2010
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During 2010, OHCHR maintained its nine existing field presences in the Americas region: two regional offices (Panama City and Santiago de Chile); four country offices (Bolivia, Colombia, Guatemala and Mexico); two human rights advisers in Ecuador and Nicaragua; and one human rights component in a peace mission (Haiti). In addition, two new human rights advisers were deployed to Honduras and Paraguay in August and September respectively. The presence of the Human Rights Adviser in Nicaragua was scheduled to be discontinued at the end of the year. However, the UN Country Team requested the continuation of the position in order
OHCHR IN THE FIELD: THE AMERICAS
to follow up on the UNCT’s human rights plan, with UNDP funding. The fully-fledged representation of OHCHR in Nicaragua will be taken up by the Regional Office for Central America. The Americas Section provided substantial and administrative support to all 11 field presences and also continued to support the work of the Independent Expert on the situation of human rights in Haiti. The year 2010 was marked by the devastating earthquake that struck Haiti on 12 January. The earthquake led to a humanitarian catastrophe of unprecedented proportions that required much of OHCHR’s attention – and that of the Americas Section in particular – throughout the year. OHCHR assumed for the first time full coordination of a protection cluster, which presented staff both in Haiti and at headquarters with new challenges. The global economic and financial crises also affected millions in the region, threatening to reverse the gains made in recent decades in combating poverty and exclusion, and in advancing people’s access to employment and other economic and social rights. However, subregional disparities could be observed, with South American countries faring better than most of the countries of the continent, due in part to overall high commodity prices. Coupled with social investment, this contributed to a fall in inequality in countries such as Brazil and Argentina. The growth of the extractive industry has renewed the threat to communities affected by its projects – for the most part communities of indigenous people and Afro-descendants. Protests and conflicts related to the exploitation of natural resources in ancestral lands that occurred in different countries across the region were at times violently dealt with. The lack of opportunities has led to the migration of many people, with them often falling victim to trafficking, abuse and discrimination. Strengthening the Office’s work on the right to consultation, in line with ILO Convention 169 and the Declaration on the Rights of Indigenous People, remained a priority for OHCHR in the Americas. Most countries continued efforts to strengthen their democracies, developed stronger legal frameworks for human rights protection, increased support for democratic institutions, and designed policies to address their challenges, including with the region’s strong human rights community. Presidential elections took place in Costa Rica, Colombia, Brazil, Haiti, Suriname and Dominica. Challenges such as the armed conflict in Colombia, the after-effects of the coup d’état in Honduras, growing levels of
violence and insecurity in many countries, and counter-terrorism measures and activities often at odds with human rights principles continued to pose a threat to democratic gains and political stability, while Haiti had to face the challenge of rebuilding the nation after the devastating January earthquake. Justice administration systems in most countries continued to show grave deficiencies, and the death penalty remained in force in most of the Caribbean and in the United States of America, Cuba and Guatemala, although in the latter a moratorium is in force. In addition, the response by States to the challenge posed by violence and insecurity has not always been consistent with human rights principles. In some cases it has resulted in a militarization of public order functions, moves to lower the age of criminal responsibility, and stricter anti-gang laws and heavier penalties, or violent incursions into poor neighbourhoods, usually with heavy casualties. In other cases, private companies under poor supervision by the State were responsible for security, usually only for those sectors of the population who can afford it. The design of citizen security policies which are in line with human rights standards was another top priority for the region. Notwithstanding, for the most part, countries in the region have made efforts to address their population’s needs, and have remained engaged with OHCHR and international human rights mechanisms in these efforts, including through the ratification of new instruments, heightened participation in the Human Rights Council, a continued dialogue with international human rights bodies, and the establishment of mechanisms to oversee the implementation of human rights commitments, including those made in the UPR exercise, at the local level. Nine countries in the region underwent UPR examination in 2010 and OHCHR continued, both from headquarters and field offices, to assist States, UN Country Teams and civil society organizations in the elaboration of reports and in the follow-up of UPR recommendations. The region also continued to strengthen multilateral endeavours, both through the Inter-American system as well as through subregional actors, including the Central American Integration System (SICA) and the Southern Cone Common Market (MERCOSUR), among others. In 2010, MERCOSUR set up its Institute of Human Rights Public Policy, which has already established good cooperation with the Regional Office for South America.
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Country Offices
u
Bolivia Year established
2007
Staff as of 31 December 2010
14
Expenditure in 2010
US$1,608,754
In 2010, the National Human Rights Council commenced its activities. The Council also created the first Inter-ministerial Commission on racism and discrimination mandated to supervise the assessment of the racism and discrimination situation in the country, and to elaborate a plan of action to fight them.
Access to justice and basic services (EA4) The Office conducted specific follow-up activities related to the land recuperation process of the Guarani communities of Alto Parapeti. In this context, the granting in December of 24,000 hectares of land to 19 communities should be highlighted.
u
Background During 2010, the human rights situation in Bolivia showed some progress, particularly with regard to the legislative development of the rights enshrined in the Constitution. Other positive aspects included the Plurinational State’s efforts made towards eliminating racism and discrimination, as well as the important advances observed in the field of the political rights of indigenous peoples and the strengthening of indigenous autonomous regions. Progress regarding some economic and social rights is also an encouraging sign, as is the recent legislation against racism and discrimination. Nonetheless, the persistent problems affecting the administration of justice, violence against women and children, and a few cases of violations of human rights that may potentially amount to extrajudicial killings, torture and ill-treatment attributed to the police, are of concern. During the reporting period Bolivia suffered from high levels of discrimination, as well as from poverty, social exclusion and a lack of access to some economic, social and cultural rights, which affected primarily indigenous peoples and Afro-descendant communities, and most notably women and children living in rural areas within these groups. Bolivia has one of the highest rates of inequality and unequal distribution of wealth in the region.
Participation (EA5) The Office supported the country’s main Afro-Bolivian organizations in establishing a national council as their higher representative body. They also took an active part in the assessment of the situation of racism and discrimination in the country.
u
State engagement with human rights mechanisms (EA6) u Bolivia underwent the UPR of the Human Rights Council in 2010, which resulted in the Government’s commitment to comply with 78 of the 79 subsequent recommendations. u The issuance of a standing invitation to special procedures mechanisms became effective in February 2010.
Within this context, OHCHR-Bolivia has played a critical role in supporting both State authorities and civil society actors with regard to bringing about the changes that are needed in order to implement the recent Constitution. In particular, the Office’s technical assistance has been focused on State efforts to eliminate racism and discrimination and to underpin indigenous peoples’ rights. The High Commissioner visited Bolivia in November.
National laws, policies and institutions (EA1) u The Law against Racism and All Forms of Discrimination was promulgated on 8 October 2010.
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Results
Human rights mainstreaming within the United Nations (EA11) u In 2010, OHCHR-Bolivia participated in the review process of the internal 2008-2012 United Nations Development Assistance Framework (UNDAF) midterm review, which was undertaken in order to adapt it to the new Constitution and the country’s political, social and institutional transformations. The Office was able to help promote the incorporation of a human rights and gender-based approach.
Challenges and lessons learned Despite there being some progress in trials relating to serious human rights violations, impunity still prevailed in numerous recent and past cases. The rights to truth, justice and reparation for victims of human rights violations carried out by past unconstitutional regimes remain to be fulfilled. The outcome of OHCHR’s consultative forums on the bill on jurisdictional boundaries between ordinary and indigenous justice is also of concern. This was a challenging experience because it required a consultation with all indigenous groups, on a national scale. It should also be stressed that this was the first time that a prior consultation on a legislative measure that could affect indigenous peoples’ rights had taken place in the country, in accordance with the UN Declaration on the Rights of Indigenous Peoples. Nevertheless, the final text of the Law on Jurisdictional Boundaries did not contain most of the issues that emerged through the consultations.
Bolivia: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
Consultants
-
51,867
Official travel
-
142,189
Contractual services
-
69,020
General operating expenses
-
120,432
Supplies & materials
-
41,121
Seminars, grants & contributions
-
108,827
Subtotal
-
1,423,676 185,078
Programme support costs GRAND TOTAL
890,220
-
1,608,754
© OHCHR/Bolivia
OHCHR IN THE FIELD: THE AMERICAS
During her visit to Bolivia in November 2010, the High Commissioner met with Justice Minister, Nilda Copa.
Hundreds of people reading the UDHR On 10 December, OHCHR-Bolivia, together with the National Human Rights Council (the inter-institutional organ responsible for the implementation of the National Human Rights Action Plan) and the Human Rights Community (a network that comprises 41 institutions from the State and civil society) convened a Human Rights Fair, which took place in front of the public university, one of the most crowded areas of La Paz. Most of the institutions present set up their stands to exhibit and distribute human rights materials and competed with each other to capture the attention of hundreds of bystanders. The Armed Forces band played Bolivian songs, and several “zebras” – people dressed as zebras, the popular symbol of educational campaigns in the streets promoted by the municipality of La Paz – were present, emblazoned with colourful banners that carried human rights messages. OHCHR-Bolivia organized a quiz to promote human rights knowledge among the general public. People waited to receive publications, pins and other materials, but most popular was the T-shirt with the campaign’s slogan “Achieving equality in Bolivia through diversity”. To win these materials, people needed to answer a simple question on the Universal Declaration of Human Rights. Meanwhile, the Office’s staff distributed the Declaration to those who had queued up for it. At least 500 people of various ages and backgrounds, including police officers and other civil servants, carefully read the Declaration and were rewarded with the T-shirt and other materials when they responded correctly to their question. For many of those present it was perhaps the only time that they had ever read a document relating to human rights, and the event may have given some the motivation to seek further information on human rights.
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Year established
1997
Staff as of 31 December 2010
64
Expenditure in 2010
US$ 8,063,696
Background Important steps were taken in 2010 to improve the human rights situation in Colombia, including a draft law on reparations for all victims of the armed conflict that includes provisions for the restitution of stolen lands, a new law to pay homage to victims of enforced disappearance and a new Military Criminal Code that excludes human rights violations from military jurisdiction. Furthermore, there was a drastic reduction in the practice known as "false positives" (civilians killed by security forces and then falsely reported to be guerrilla members killed in action), resulting in a lower amount of extrajudicial killings. Other progress included a more favourable stance towards human rights organizations since the new Government took office in August 2010. The persistence of the internal armed conflict continues to affect the full enjoyment of human rights. All parties to the armed conflict, in particular guerrilla groups, continue to breach international humanitarian law. This situation is exacerbated by the violence caused by the illegal armed groups that emerged after the demobilization of paramilitary organizations. In this context, the most vulnerable groups that are being affected are indigenous people and Afro-Colombian populations, as well as women and children. The collective and individual displacements caused by all armed actors have continued, as have killings, threats and attacks against human rights defenders, trade unionists, teachers and peasant leaders, particularly in the context of those struggling to recover land forcibly seized by illegal armed groups. The occurrence of massacres committed in the country increased by 40 per cent. Moreover, the continuing high level of impunity for human rights violations, such as extrajudicial executions and the illegal activities of the intelligence services, remains an alarming issue. OHCHR has also expressed serious concern on numerous cases relating to the undue application of military justice.
Results National laws, policies and institutions (EA1) u A significant reduction in the number of cases of suspected human rights violations transferred to the ordinary justice system has been observed,
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Colombia
The President of Colombia, the President of the Supreme Court of Justice and OHCHR's Representative in Colombia took part in a ceremony commemorating the 25th anniversary of the assault on the Palace of Justice in Bogota.
u
u
u
u
despite the approval of the new Military Criminal Code which excludes human rights violations from military jurisdiction. The Office has been advocating with the Ministry of Defence to reverse this negative trend. A law on victims of enforced disappearance was approved in August. The Office provided advice on human rights standards to State authorities, members of Congress and NGOs. OHCHRColombia also continued to support a local working group on enforced disappearances, which has participants from State institutions and NGOs, and worked on analyzing the protocols of the Attorney General's Office and the Information Systems adopted by the Institute of Forensic Medicine. A joint mechanism between OHCHR-Colombia and the Ministry of Defence was set up, which will monitor the implementation of seven out of the 15 measures adopted in 2008 by the Ministry to ensure zero tolerance for human rights violations. These measures aim, among other things, to put an end to extrajudicial executions and improve the military's human rights performance. The Office was also invited to participate in a national security council to monitor the activities of post-demobilisation groups and has recommended to the State a comprehensive approach to fight such groups, including stronger measures to fight corruption in the public forces, local authorities and justice system, and making better use of prevention mechanisms like the early warning system of the human rights Ombudsman. The Office and the Electoral State Council established a joint mechanism to identify violations of civil and political rights and to increase respect for these rights during electoral periods. In September, a new draft law on victims' rights to justice, truth and reparations and on land restitution was submitted to Congress. OHCHR-Colombia contributed to the drafting process by providing advice to State authorities, Congress members and NGOs on international standards applicable to
OHCHR IN THE FIELD: THE AMERICAS
victims’ rights. The Office has strongly recommended that the new Government set up a comprehensive protection policy for the land restitution process as violent reactions are to be expected from illegal land holders. OHCHR-Colombia collaborated on the strategy to implement the National Plan for Human Rights Education (PLANEDH), participating in meetings of the technical committee in charge of developing the plan, and providing advice.
derived from detailed and well-documented cases, resulting from monitoring activities conducted throughout the country, which helped the Office to promote measures aimed at reducing the number of extrajudicial executions. The use of first-hand, verified information to support advocacy activities, combined with the holding of regular meetings with Government officials to raise issues of serious concern, enabled OHCHR-Colombia to reinforce its credibility as a valid counterpart with all stakeholders.
Ratification (EA2) u Congress approved the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and of the Convention on the Rights of Persons with Disabilities (CRPD). The Government of Colombia ratified the CRPD in early 2011, becoming the 100th country to do so. However, the completion of the ratification process of the ICPPED is still pending. OHCHR-Colombia provided advice during the legislative debates on the ratification process and has also started a study on the institutional and normative modifications that will be required after the entry into force of the CRPD.
In 2009 and 2010 the Office was reorganized in order to ensure its relevance and impact in a country that has changed significantly over the past decade. In response to challenges and institutional gaps identified by a rights-based situation analysis, a new programme management structure has been implemented, based on programmatic rather than functional parameters. Results-based management was also introduced. This new structure took effect in early 2010, with a new distribution of responsibilities, an internal redeployment of personnel between programmes and a large personnel recruitment drive. Three new units were created: Rights Promotion and Protection; Security Sector Reform and Fight against Impunity. In addition, the decision to open two satellite offices in Villavicencio and Pasto was taken in order to maintain closer relations with victims and authorities (the former was officially opened in March 2011 and the latter will be operational in May 2011). Through these presences the Office will be able to increase its effectiveness in monitoring violations in areas of internal armed conflict.
u
Justice and accountability mechanisms (EA3) u In June, a landmark court decision on human rights violations was made in a case on enforced disappearances in the aftermath of the 1985 Palace of Justice siege in BogotĂĄ, marking an important step in the fight against impunity in the country. The Office closely monitored the judicial proceedings and intervened to ensure the protection of the judge responsible for the case, as the judge and her child had received numerous threats. Participation (EA5) u The Office launched a national-level participatory process seeking to gather the views of indigenous people and Afro-Colombians for the drafting of a document on the right to free, prior and informed consent, which will serve as an input to the legislative process. u OHCHR-Colombia facilitated dialogue and discussion between civil society organizations and the Government towards the implementation of the recommendations of OHCHR and other human rights mechanisms.
Challenges and lessons learned In recent years, OHCHR-Colombia has advocated for changes to public policies to help improve the human rights situation in the country. Advocacy activities with security forces and the Ministry of Defence have been supported by solid analysis
Colombia: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
5,110,159
Consultants
-
239,432
Official travel
-
275,203
Contractual services
-
327,028
General operating expenses
-
688,969
Supplies & materials
-
495,223
Seminars, grants & contributions
-
-
Subtotal
-
7,136,014 927,682
Programme support costs GRAND TOTAL
-
8,063,696
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Guatemala Year established
2005
Staff as of 31 December 2010
26
Expenditure in 2010
US$4,109,041
A new law creating a national torture prevention mechanism was adopted, and the appointment of a new Attorney-General in December gave rise to hopes for an end to impunity. Nonetheless, the human rights situation in Guatemala continues to be characterized by rampant levels of violence and impunity, poverty, discrimination and widespread public insecurity. The structural changes in security and justice that are necessary to diminish the causes of crime and address the social, cultural and economic risk factors of violence have not been put forward. Another year passed without Guatemala enacting a thorough fiscal reform that would allow these challenges to be tackled. Structural racism persists against indigenous people and Afro-descendants, who represent almost 60 per cent of the population. Despite progress being made in the formal recognition of their rights, they still hold the most disadvantaged position in society and are subject to exclusion and poverty with no effective opportunities to demand and enjoy their rights, leading to a systematic de facto denial of their condition as rights-holders. Social conflicts related to the right to land and territory, environmental rights and, in general, the right of indigenous people to be consulted about decisions affecting them, have not yet been dealt with through effective mechanisms. Criminalization of social protest, different forms of intimidation and attacks against human rights defenders, limitations to freedom of expression and the abusive use of the penal system continue to be a common response to these disputes. Despite the existence of a legal framework aimed at guaranteeing the right of women to live free from violence, the prevention and eradication of such violence remains a challenge. The necessary conditions for the equal enjoyment of women’s rights are not yet present and Guatemala occupies one of the lowest positions in the region in terms of gender equality. State institutions have not been able to effectively address past and current human rights violations. In 2010, OHCHR-Guatemala continued its efforts, in coordination with other UN agencies and the International Commission against Impunity in
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OHCHR REPORT 2010
© OHCHR/Guatemala
Background
Human rights defenders and artists during an event to mark Human Rights Day in Guatemala.
Guatemala, to combat insecurity and impunity. It provided technical cooperation to various State institutions, monitored the selection process of the Attorney-General, promoted the implementation of human rights standards by the Judiciary and raised public awareness on critical issues, including women’s and youth rights. OHCHR-Guatemala intensified its monitoring activities, seeking to enhance its work with local human rights defenders and strengthen dialogue between key actors to promote the rights of indigenous peoples.
Results National laws, policies and institutions (EA1) Legislative initiatives that would have been inconsistent with human rights standards – such as the proposals to establish faceless judges, prosecutors and witnesses, to reinstate the death penalty or the elaboration of an anti-gang law – were rejected. The Office presented analytical documents and made public statements to warn of the incompatibility of these initiatives with human rights standards. u The Office assisted the Attorney-General’s Office in drafting an internal regulation for its Human Rights Section. Progress was observed regarding strategic investigation and prosecution in high-impact cases, including some cases of human rights violations that occurred during the armed conflict, showing increased awareness of the application of international standards in the administration of justice. u Staff of the Constitutional Court and the national human rights institution demonstrated improved knowledge on and increased awareness of the application of international standards in the administration of justice. An agreement was u
OHCHR IN THE FIELD: THE AMERICAS
u
u
u
u
established for the drafting of specialized documents to complement the Court’s analyses regarding international human rights standards, and forums were carried out jointly on international standards, including on the exchange of practices and experiences with peers from other countries. Improvements were observed in the work of the Presidential Commission on Discrimination and Racism against Indigenous People and the Office for the Defence of Indigenous Women, with the incorporation of international human rights standards into their strategic investigation and follow-up on cases involving racism and discriminatory practices. However, the sustainability of these improvements needs to be consolidated. Extensive and close monitoring by OHCHR-Guatemala of the selection process of the Attorney-General and the technical advice provided by the Office significantly contributed to the improvement of the process, in particular regarding transparency and the selection criteria. The National Statistics Office, with the support of OHCHR-Guatemala, promoted amongst different ministries the incorporation of a gender and a multicultural perspective into their data collection processes. The Law on Private Security Companies was adopted, and recommendations based on human rights standards from OHCHR-Guatemala were included.
Justice and accountability mechanisms (EA3) u The law establishing a National Torture Prevention Mechanism was adopted after strong advocacy from the Office, national institutions and NGOs. However, its implementation remains a challenge. Participation (EA5) u Within the framework of the Maya Programme, Guatemalan civil society organizations working on the defence of indigenous peoples’ rights acquired the necessary knowledge and tools to commence strategic litigation for the protection of their collective and individual rights. As a result, 12 NGOs were ready to file complaints before the Judiciary with the technical assistance provided by the strategic litigations support team, which has been functioning since August 2010.
Challenges and lessons learned Some of the major difficulties encountered included a lack of institutionalization and continuity in State policies, insufficient political will to implement urgent human rights recommendations and prejudice from a sector of public opinion against human rights work, as it is seen by some as the defence of criminals. The country’s institutions, including the Judiciary, still face the challenge of overcoming discriminatory practices and there is a need to move away from the predominant monocultural vision of justice, which does not recognize legal pluralism and limits the capacity of the excluded population, particularly indigenous peoples, to demand their rights in courts. With this challenge in mind, the Maya Programme was initiated with the aim of closing knowledge and capacity gaps in selected organizations on the strategic litigation of cases, to help people claim their rights before the judicial apparatus. Guatemala needs a comprehensive and strategic policy for preventing and combating crime and violence that includes principles and security measures which comply with human rights standards. The realization of such a strategy is the only viable option for tackling current and long-term challenges related to violence. If backed by the political will to provide the necessary conditions and resources, such measures would guarantee strong institutions with the legitimacy, stability and effectiveness demanded by the population, enabling them to address the causes of violence, systematic social and political exclusion, and the monocultural understanding of the State.
Guatemala: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
2,147,251
Consultants
-
282,447
Official travel
-
99,803
Contractual services
-
394,260
General operating expenses
-
332,000
Supplies & materials
-
41,066
Seminars, grants & contributions
-
339,493
Subtotal
-
3,636,320 472,721
Programme support costs GRAND TOTAL
-
4,109,041
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Results
Mexico Year established
2002
Staff as of 31 December 2010
19
Expenditure in 2010
US$2,518,164
Background During 2010, Mexico made progress towards the incorporation of international human rights standards into its federal legislation. A case in point is the new refugee Law discussed in 2010 and passed in January 2011, which provides improved and broader protection to refugees and considers supplementary protection for those who cannot be recognized as such. A proposed constitutional reform incorporating international human rights law into the Constitution was widely debated and approved by the two federal legislative bodies and is pending ratification by a majority of States in 2011. Despite such steps, the protection of human rights remains a substantial task to be overcome. Impunity, corruption and social inequities continue to prevent improvements in Mexico's human rights situation. Widespread violence related to organized crime is undermining the security of citizens and the number of violent deaths in 2010 reached the unprecedented high of over 15,200 according to official statistics. Violence against women, in particular the phenomenon of femicide, continues to grow, while migrants, indigenous people, human rights defenders and journalists are becoming increasingly vulnerable. The Mexican Government has relied heavily on the military to ensure public security. However, this has resulted in a steep rise in human rights violations. The fact that these violations are systematically handled by military courts increases the risk and the persistence of impunity. OHCHR-Mexico is currently performing its full promotional, advisory, technical cooperation and monitoring mandate. The Office provides technical cooperation to Federal and State Governments, Congress and the Supreme Court, promoting human rights standards and recommending steps for their compliance. It also monitors the human rights situation throughout the country and advises authorities and civil society on public policy, encouraging dialogue between them.
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National laws, policies and institutions (EA1) In April 2010, the Federal Senate approved a constitutional reform with 11 articles on human rights, including the recognition of international human rights treaties. The reform, which took into consideration technical advice made by the Office, is due for ratification by a majority of States in 2011. u In October 2010, President Calderón proposed a bill which would exclude from military jurisdiction cases of torture, forced disappearance and rape. While this is a positive step, the Office recommended that Congress broadens the reach of the initiative to include all human rights violations. u Following OHCHR Mexico’s intervention in a case against six women in Guanajuato, a new law protecting women from violence was approved in that State in November 2010, and changes were made to the State’s criminal code relating to reproductive rights. u Mexico City's Government enacted a Human Rights Plan Law. Beyond ensuring the continuity of the Mexico City Human Rights Programme, this Law mandates a gender and human rights perspective in the City’s public policies and budgets. Indicators on the rights to health, education, freedom of expression and opinion, life, liberty and security, which were prepared in collaboration with the National Institute of Statistics and the National Human Rights Commission (NHRC), have been adopted. u Indicators on violence against women were selected and validated by civil society organizations as well as by the UN Country Team’s Inter-agency Group on Gender. Final adoption by the National Commission to Prevent and Eradicate Violence against Women is expected in 2011. u Indicators on the right to a fair trial, based on OHCHR methodology, were adopted by the City’s Court of Justice. Twelve out of 14 analytical documents submitted by OHCHR-Mexico to the Mexican Courts were included in decisions and/or judicial debates. As a result, Supreme Court rulings incorporating international human rights standards increased both in number and quality. u
Justice and accountability mechanisms (EA3) In October 2010, the national Ombudsman published two guides on the implementation of measures for the protection of human rights defenders and journalists. The Federal Congress authorized a specific budget line to implement measures for journalists, whether they are
u
OHCHR IN THE FIELD: THE AMERICAS
dictated by the Inter-American human rights system or the NHRC. Also, in November 2010, an agreement for the implementation of preventive and protective actions for journalists was signed. Notwithstanding, the Office continues to promote the creation of a national mechanism to protect human rights defenders and journalists. Access to justice and basic services (EA4) u The National Institute for Indigenous Languages officially launched a national roster of interpreters in July. The roster, which will be accessible to judges and officials of the justice system, was created to fight discrimination against indigenous people in the justice system. Civil society engagement with human rights mechanisms (EA7) u A shadow report to the Human Rights Committee was submitted by civil society organizations in 2010. The Office has cooperated with organizations working on the rights of persons with disabilities to elaborate a single shadow report to the Committee on the Rights of Persons with Disabilities (CRPD), with submission envisioned for 2011. Furthermore, work to empower civil society to produce an alternative report for the Committee on the Elimination of Discrimination against Women (CEDAW) is ongoing.
Government to participate in meetings with the Inter-American Commission on Human Rights as observers to oversee the implementation of provisional measures granted to human rights defenders and other vulnerable groups. OHCHR-Mexico’s role as an observer in the Inter-American system has, to a certain extent, added an extra layer of protection for human rights defenders, as beneficiaries have indicated that the State has been more vigilant when OHCHR followed the process.
Mexico: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
Consultants
-
88,385
Official travel
-
116,908
Contractual services
-
94,086
General operating expenses
-
135,927
Supplies & materials
-
121,279
Seminars, grants & contributions
-
113,440
Subtotal
-
2,228,464 289,700
Programme support costs GRAND TOTAL
1,558,439
-
2,518,164
International and regional laws and institutions (EA8) u The Supreme Court increased both in number and quality decisions related to human rights and a higher percentage of these rulings were made in accordance with human rights standards, recorded in a compilation of statements and rulings by the Supreme Court.
Challenges and lessons learned Some outputs were only partially realized as a result of a variety of factors. The obstacles included the newness of the monitoring functions of the Office as well as, on occasions, insufficient institutional knowledge or commitment. The high levels of violence and insecurity, which will most likely continue in 2011, have created the perception amongst some sectors that human rights are an obstacle to security. Three rulings issued in 2010 by the Inter-American Court on Human Rights found that the Mexican State had not fulfilled its human rights obligations. OHCHR-Mexico was subsequently invited by the
OHCHR REPORT 2010
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Women’s Rights in Guanajuato OHCHR-Mexico followed the case of six women in the State of Guanajuato who were convicted to more than 25 years’ imprisonment for the crime of “murder aggravated by kinship”. The intervention of the Office contributed to advocacy efforts to amend State-level laws reducing the penalty for such cases which eventually led to the liberation of the six women from prison. Guanajuato has high levels of violence against women and has recently been the subject of much media controversy due to discriminatory practices and statements by authorities against women, in particular regarding their sexual and reproductive rights. Although State legislation allows for legal abortions in cases of rape and miscarriages, in the past 10 years there have been no known cases of legal abortions. Following a visit to the State in late August, the Office issued a press release recommending local legislation to be reviewed to ensure that the sexual and reproductive rights of women be guaranteed, that measures be taken to prevent discriminatory practices by the judiciary system against women and that public policies integrate a gender perspective. Some of these issues had also been raised by the Deputy High Commissioner during her visit to Mexico in August. The local human rights institution made similar recommendations. The Governor of Guanajuato then publicly welcomed both recommendations and expressed his commitment to work with OHCHR-Mexico to promote women’s rights. Subsequently, the local Congress amended the Criminal Code, so that the penal sanctions now range from three to eight years (allowing for conditional release) instead of the previously established penalties of 25 to 35 years, to which the women were sentenced. Due to the retroactive nature of these amendments, the six convicted women were released from prison; all had either completed their sentences as per the new amendment or were eligible for early release.
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Regional Offices Regional Office for Central America (Panama City, Panama) Year established
2007
Staff as of 31 December 2010
8
Expenditure in 2010
US$777,318
Background Governments made efforts to implement poverty reduction strategies in many countries and an overall improvement of macroeconomic indicators, but the human rights situation in the Central American region continues to be characterized by high levels of social and economic inequalities with a high percentage of the population still living in poverty or extreme poverty. This has been compounded by a decrease in remittances due to the global economic and financial crises. Other issues of concern include the increasing rates of unemployment and informal employment; insecurity as a result of high levels of common and organized crime, especially drug-trafficking and the trafficking of persons; weak democratic institutions; racism and racial discrimination against indigenous people and Afro-descendants; and widespread discrimination and violence against women. Obstacles to the enjoyment of many basic economic, social and cultural rights such as food, health and education are also issues of concern for the region. In this context, during 2010 the Regional Office for Central America worked to ensure that national legislations, policies and programmes comply with international human rights standards by inter alia promoting the ratification of international human rights treaties; assisting in the follow-up to recommendations of UPR, treaty bodies and special procedures; advocating for and providing advice on justice and accountability mechanisms to monitor, investigate and redress all kinds of human rights violations; assisting groups that suffer discrimination in accessing justice; and promoting rights-holders' participation in decision-making processes and in developing and monitoring public policies. The Office was able to place the situation of indigenous people and Afro-descendant populations on the national agenda in several countries in the region and gathered support from governments, UN country teams, national human rights institutions and civil society organizations for increased efforts to fight discrimination against these groups. The Regional Office also sought the involvement of other
Š OHCHR/Panama
OHCHR IN THE FIELD: THE AMERICAS
A workshop organized by the Regional Office for Central America on ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries.
international actors in human rights work, working closely with the Inter-American Commission on Human Rights (IACHR) and the System for Central American Integration (SICA), amongst others.
Results Access to justice and basic services (EA4) u A law on violence against women was adopted in El Salvador on 25 November. The Office worked closely with the Legislative Assembly, including through UNDP and the Salvadoran Institute for the Advancement of Women, to provide inputs for the drafting of the bill. State engagement with human rights mechanisms (EA6) u In Panama, the Regional Office provided training and advice to the Inter-institutional Commission established by the Government and the Office of the Ombudsman for the preparation of the State report to the UPR. Similarly, the Office held a number of training sessions with the UNCT in Panama, leading to the preparation of a joint UN submission to the UPR. Civil society engagement with human rights mechanisms (EA7) u As a result of the training and advice provided by the Regional Office, indigenous and Afro-descendant organizations in Panama presented joint submissions to the UPR and sent
a number of communications to special procedures. Human rights mainstreaming within the United Nations (EA11) u Human rights concerns were included in the conceptual and programmatic framework of the Pan American Alliance for Nutrition and Development elaborated by the World Health Organisation/Pan American Health Organization (WHO/PAHO) with advice from the Regional Office. u An online human rights training course was developed by the Regional Office for Central America and the Regional Inter-Agency Group on Human Rights (a group established under the UNDG for Latin America and the Caribbean), based on the course developed by OHCHR's Office in Mexico. The course aims to ensure a common understanding of human rights by all UN staff. The Team of UN Regional Directors for Latin America and the Caribbean approved and made compulsory the online course for all UN staff in the region. u Approximately 30 UN staff members from different agencies and country offices in Latin America were trained on human rights issues related to migration and equipped to replicate the training in their respective UNCTs. The course, organized in the form of a training of trainers by the Regional Inter-Agency Group on Human Rights led by the Regional Office, also
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u
strengthened coordination among the agencies working on migration. The Common Country Assessment/United Nations Development Assistance Frameworks (CCA/UNDAFs) in El Salvador and Panama incorporated human rights issues, in particular women’s rights, following the human rights-based approach training sessions carried out by the Regional Office. The Office was also closely involved throughout the development process, providing advice and support.
Challenges and lessons learned The Regional Office for Central America, as part of its work at the Regional Inter-Agency Group on Human Rights, revised and adapted an online training course for UN staff prepared by an inter-agency thematic group on human rights in Mexico with the participation of OHCHR-Mexico. While the initiative was led by OHCHR, its development and promotion through the Regional Inter-Agency Group ensured support from all participating agencies and programmes, allowed for a sense of ownership in all of the group's members and assisted in garnering the support of the principals. Similar initiatives could be followed in other regions, eventually leading to a common training course on human rights for UN staff worldwide.
Regional Office for Central America (Panama City, Panama): Expenditure in 2010 Regular budget expenditure in US$ Personnel and related costs Consultants Official travel Contractual services General operating expenses Supplies & materials Seminars, grants & contributions Subtotal Programme support costs GRAND TOTAL
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Extrabudgetary expenditure in US$
560,673
-
-
-
23,204
35,882
3,000
-
56,562
26,400
3,500
-
44,632
13,600
691,571
75,882
-
9,865
691,571
85,747
Regional Office for South America (Santiago, Chile) Year established
2009
Staff as of 31 December 2010
6
Expenditure in 2010
US$1,134,569
Background Although countries in South America have strong legal frameworks and democratic regimes, much of their population continued to experience difficulties in the enjoyment of human rights, with inequality, poverty and public insecurity, conditions in places of detention and discrimination still providing cause for concern. In this context, the levels of poverty, exclusion and discrimination suffered by indigenous peoples and Afro-descendants are particularly of note. In 2010, the newly established Regional Office mainly concentrated its efforts on helping set up national human rights institutions (NHRIs) in Chile and Uruguay; promoting the integration of human rights standards into UN country team programmes; and encouraging the ratification of human rights conventions. It has also provided advice on the implementation of countries' human rights obligations, including by assisting in the elaboration of reports and follow-up to recommendations from treaty bodies, special procedures and UPR. The Regional Office has established and reinforced its contacts with Governments, NHRIs, civil society organizations, UNCTs and other stakeholders in the region. Likewise, the Office regularly participated in the meetings of the High Authorities for Human Rights of the Southern Cone Common Market (MERCOSUR), supported MERCOSUR's new Human Rights Public Policy Institute, and acted as a source of technical advice on different human rights issues for this body. In its short time of existence, the Regional Office for South America has been able to build on the solid foundations laid by the former Regional Office for Latin America, expanded its programme, and has become an interlocutor valued by Governments, civil society and subregional organizations, that have increasingly sought its advice and cooperation.
OHCHR IN THE FIELD: THE AMERICAS
Results
Challenges and lessons learned
Ratification (EA2) u Brazil and Paraguay ratified the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and Venezuela started the process for the ratification of the Convention on the Rights of Persons with Disabilities (CPRD). The Regional Office has participated in training activities for State and civil society organizations, and in addition has delivered its own factsheets on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-IESCR), the ICPPED and the CPRD to the six countries covered by the Office.
The Regional Office covers an extensive region (Argentina, Brazil, Chile, Peru, Uruguay and Venezuela) and has received a significant amount of requests from various stakeholders for the provision of technical support and advice on a wide range of human rights issues. It performed this supportive role on top of the activities carried out towards realizing its planned expected accomplishments. For a short-staffed office this has represented a considerable challenge, which was overcome through the establishment of partnerships with key actors in the region. For instance, the Office benefited from the expertise and support of the International Labour Organization (ILO) in Peru in organizing a training course for judges and public prosecutors on indigenous people’s rights. The Office also collaborated with the Food and Agriculture Organization in a seminar for Brazilian parliamentarians on combating hunger, and supported the launch of a joint OAS/UNICEF/OHCHR report on public security and human rights in the Americas. The Regional Office will pursue this strategy and will strengthen its collaboration with key partners in implementing its planned activities throughout 2011.
State engagement with human rights mechanisms (EA6) u State authorities and civil society organizations in Paraguay submitted their UPR reports on time with the initial support and advice of the Regional Office. The Regional Office has also provided training on the UPR for representatives of Government institutions, civil society and the UNCT in Venezuela. u The Regional Office contributed to awareness on the need to follow up on UPR recommendations among the Governments of Argentina, Brazil, Chile, Uruguay and Peru. Civil society engagement with human rights mechanisms (EA7) u Indigenous organizations in Chile and Peru increased their interaction with the Special Rapporteur on the rights of indigenous people as well as with other relevant human rights bodies. The Regional Office provided training for indigenous peoples’ organizations in Peru. Human rights mainstreaming within the United Nations (EA11) u Following awareness-raising activities conducted by the Regional Office with Government counterparts, the United Nations Development Assistance Frameworks (UNDAFs) of both Chile and Uruguay integrated human rights principles and standards, involved plans for the establishment of NHRIs and included specific mentions of human rights interventions that the Regional Office plans to carry out in these countries.
Regional Office for South America (Santiago, Chile): Expenditure in 2010 Regular budget expenditure in US$ Personnel and related costs
Extrabudgetary expenditure in US$
552,79
181,466
Consultants
-
26,765
Official travel
-
154,750
Contractual services
-
8,400
General operating expenses
-
117,532
Supplies & materials
-
17,483
Seminars, grants & contributions
-
8,450
552,793
514,846
-
66,930
552,793
581,776
Subtotal Programme support costs GRAND TOTAL
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Training Peru's Judiciary Acting upon a request from Peru’s Judicial Academy, the Regional Office developed the content and methodology for a training course based on the different gaps observed by OHCHR, in relation to the application of international human rights instruments by the judiciary. The Regional Office led the course in cooperation with ILO’s Regional Office based in Lima. This two-month course included two weeks of compulsory attendance during September and October, three levels of evaluation as well as online follow-up during the two-month period. Fifty public prosecutors and judges from Peru attended the training, which was broadcast live on the judiciary’s own television channel for public prosecutors and judges in several regions throughout the country, including the main indigenous regions. Using national and international jurisprudence and based on the observed gaps amongst judges and public prosecutors in applying international human rights instruments, the course was focused on the direct applicability or the interpretative effect of international human rights treaties in the domestic courts, particularly focused on the application of international human rights instruments for indigenous peoples. Subjects such as the evolution of the Human Rights Committee’s jurisprudence on indigenous peoples, the United Nations Declaration of the Rights of Indigenous Peoples and the ILO Indigenous and Tribal Peoples Convention 169 regarding the rights to consultation of indigenous peoples, their own customs and institutions, their custom or customary laws, the right to land, territories and natural resources as well as legal pluralism, were broadly covered. This initiative has provided a number of lessons learned on the significance of training judges on these topics, how to capitalize on an opportunity from government requests, as well as on the importance of establishing strategic alliances, such as the one with ILO, for the implementation of an initiative.
Human Rights Components in UN Peace Missions United Nations Stabilization Mission in Haiti Year established
2004
Staff as of 31 December 2010
59
Background Prior to the January 12 earthquake, the human rights situation in Haiti was precarious with the most serious human rights concerns being the lack of access to acceptable and affordable food, housing, education, and healthcare; weak institutions; impunity; arbitrary arrest and detention; sexual and gender-based violence and human trafficking. The devastating earthquake, which killed some 300,000 people and compelled 1.5 million to live in camps, destroyed fundamental public infrastructure and seriously diminished the already weak State's capacity to fulfil its human rights obligations. The head of the Human Rights Section (HRS) of the United Nations Stabilization Mission in Haiti (MINUSTAH) represents the High Commissioner and reports to OHCHR to ensure the integration of human rights into all aspects of MINUSTAH's mandate. Since the earthquake, OHCHR also leads the local Protection Cluster. The Section's core mandate to support the State as well as civil society organizations, including local human rights institutions and groups, in their efforts to promote and protect human rights, remained unchanged after the earthquake, although in practice substantive work focused on immediate protection concerns, in particular regarding the population living in camps and other vulnerable groups. OHCHR has supported MINUSTAH's HRS with a total of 15 surge staff for varying durations, and has provided support to the Protection Cluster. The UN Refugee Agency (UNHCR) also provided support to the Cluster by supplying a team of specialised staff. By the end of the year, OHCHR had recruited three additional staff members to support the Cluster, who were deployed in January 2011.
Results National laws, policies and institutions (EA1) A joint security assessment, initiated at the request of the HRS, provided MINUSTAH with a rapid analysis of the protection situation, the impact and short-comings of protection efforts and identified measures to strengthen the
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Justice and accountability mechanisms (EA3) u OHCHR, in partnership with UNHCR, provided technical advice and office supplies such as computers, furniture and other materials to seven courts and tribunals across the Western and Artibonite departments to enable these tribunals to resume their work.
u
OHCHR provided secretariat support to the Les Cayes Joint Investigative Commission in Haiti, which was created to determine the facts around the events which led to a number of violent deaths in Les Cayes Prison on 19 January 2010.
Access to justice and basic services (EA4) OHCHR established a partnership with UNHCR for the implementation of 12 quick impact projects in eight locations in the western, south-eastern and central departments, to promote and finance concrete measures for the local integration of internally displaced persons (IDPs). The projects provided lighting and access to water for rural communities hosting IDPs, income generation opportunities for earthquake-affected women in order to reduce their vulnerability to exploitation and abuse, and supported the recovery of documentation for those affected by the earthquake.
u
Participation (EA5) OHCHR supported the integration of IDPs and in particular women’s groups in the management of IDP camps and the drawing up of protection strategies in their areas of residence to ensure that their concerns were taken into consideration. This support was provided through capacity
u
Haitians displaced by the earthquake queue up for UN-distributed meals.
Š UN Photo/Logan Abassi
u
protection of vulnerable persons. As a result, the MINUSTAH Protection Group was created in order to facilitate a rapid and holistic analysis and response to protection concerns. Also as a result of the joint security assessment, MINUSTAH developed and implemented a strategic policing plan for camps which included night and day foot patrols by the Haitian National Police with support from UNPOL and the UN military. Institutional support was provided to the Office de la Protection du Citoyen (OPC) through the recruitment of consultants and the funding of field agents. Substantive support through the provision of technical assistance to help in the elaboration of a strategic development plan was also provided, including detailed annual work plans and the identification of institutional needs to further strengthen the institution and support it towards the achievement of compliance with the Paris Principles.
OHCHR IN THE FIELD: THE AMERICAS
Human rights mainstreaming within the United Nations (EA11) u The HRS and OHCHR made numerous recommendations on the integration of human rights standards and principles into the UN system, in particular into MINUSTAH policies and programmes on the protection of IDPs and into the work of all the clusters’ activities and policy documents in the areas of protection and security in IDP camps, evictions and sexual and gender-based violence, amongst others.
Š OHCHR/Ecuador
building, grants and trainings on protection issues, such as evictions, camp monitoring and protection assessments.
Police officers look at human rights materials during a youth festival organized by OHCHR and other UN agencies in Quito, Ecuador, November 2010.
Challenges and lessons learned The January 12 earthquake brought to light a number of challenges in ensuring a protection response from OHCHR and the United Nations as a whole to natural and man-made crises. On the substantive response, the primary focus after the earthquake of the Haitian Government, the United Nations, the international community and local civil society actors was on short-term humanitarian assistance. The HRS also focused on immediate protection concerns, but continued to pay attention to the causes of the situation of poverty and institutional weakness at the root of human rights violations and which were exacerbated by the earthquake. The HRS constantly emphasized within MINUSTAH, the UN Country Team and the international community the need for a thorough assessment of the situation and a comprehensive protection strategy. One important study carried out by the Protection Cluster in Haiti under the leadership of the HRS - the Protection Cluster Progress Report - compiles all of the Cluster's work, its strategy and approach and draws lessons from the Haiti emergency. The findings of this report could be used in future emergencies. In terms of programme management, the human resources initially available were insufficient to tackle protection issues and to manage the Protection Cluster. To address this problem, OHCHR deployed 15 staff during 2010, through its Rapid Deployment Roster, to support the work of the HRS on the ground, and later recruited three additional staff.
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Human Rights Advisers to UN Offices and Country Teams Ecuador Year established
2007
Staff as of 31 December 2010
3
Background During 2010, Ecuador made substantive progress by ratifying four relevant international human rights treaties. It also received the visits of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, and the Special Rapporteur on extrajudicial, summary or arbitrary executions. Despite the progress achieved, there are outstanding human rights issues, including racism, poverty, and de facto discrimination against indigenous people and Afro-descendants, particularly women. Concerns also emerged regarding limitations to the exercise of freedom of expression and the increased levels of citizen insecurity. The main indigenous people's organizations took part in continuous protests and there is a need to foster dialogue and engage in consultations with them on legislative initiatives that affect their collective rights. The Human Rights Adviser (HRA) continued to support the UN Resident Coordinator as well as UN agencies on human rights-based programming and regularly participated in the inter-agency thematic groups on governance and human rights, gender, education and multiculturalism. In coordination with relevant Government counterparts, the HRA, together with the National Secretariat for Planning and
OHCHR IN THE FIELD: THE AMERICAS
Development, started developing a methodology for incorporating a human rights-based approach into national planning processes. The HRA also worked towards the establishment of a national human rights indicators system, which was a UPR recommendation, and the development and institutionalization of human rights curricula for various key governmental actors (i.e. national human rights institutions [NHRIs], the armed forces and police). Other issues, such as collective rights and especially indigenous justice, were dealt with in coordination with the Ministry of Justice, Human Rights and Cults. The HRA has collaborated with the human rights units and relevant actors of the ministries of Justice, Human Rights and Cults; Foreign Affairs; Defence; and Interior to enhance their human rights promotion and protection capabilities.
Results National laws, policies and institutions (EA1) u A regulation on the detention process and the use of force and firearms by the police, incorporating applicable human rights standards, was developed and adopted by the Ministry of Interior. The Ministry now has an increased capacity for investigating human rights violations allegedly committed by the police. u A bill on indigenous and ordinary justice systems was drafted according to international human rights standards, following the technical advice of the Special Rapporteur on indigenous people. The bill will be presented to the National Legislative Assembly in 2011 and a consultation process with indigenous people is foreseen. u The Ministry of Defence developed, with the support of the HRA, a harmonized human rights curriculum which has been integrated as a mandatory course for the armed forces. u The Ministry of Justice, Human Rights and Cults elaborated a strategic plan for implementing the new Organic Code of the Judiciary in accordance with human rights standards. The HRA supported the process through various means, including by providing advice on the development of an organizational model of the Judicial Council as the body for the governance and administration of the Judiciary, and on a system for a judicial career. u The pilot phase of the project led by the Under-Secretary of Human Rights for establishing a national human rights indicators system was launched, focusing on two rights: the right to physical integrity and the right to work. As a result of the HRA’s work, the capacity of the Under-Secretary of Human Rights for developing human rights indicators through a participatory
u
u
process has been enhanced and national stakeholders are aware of the importance of producing objective data that reveal discrimination patterns in each right that is tested. The National Secretariat for Planning and Development, in charge of elaborating a national development strategy, increased its understanding on the added value that a human rights-based approach gives to development and on how to integrate it into the planning tools. The human rights monitoring role of the NHRI was enhanced through specialized training on methodologies and techniques used to monitor human rights violations.
Ratification (EA2) The Government of Ecuador ratified the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol, the Optional Protocol to the International Convention on Economic, Social and Cultural Rights (OP-ICESCR), and the International Convention for the Protection of All Persons against Enforced Disappearance (ICPPED).
u
Human rights mainstreaming within the United Nations (EA11) u As part of work in support of the NHRI, the HRA helped to improve the knowledge of UN agencies on the importance of the institution’s role. An agreement has been reached for UN agencies to increase their level of support to the NHRI during 2011. The HRA was also pivotal in ensuring the participation of the UNCT in UPR follow-up activities.
Challenges and lessons learned The HRA in Ecuador is currently supporting a project that aims at establishing a national human rights indicators system. Since OHCHR’s country offices in Guatemala and Mexico have been through similar initiatives, the HRA requested their technical cooperation. Experienced colleagues from both country offices reviewed the project, conducted training workshops and held meetings with relevant counterparts in Ecuador, who highly appreciated this approach. The strategy of taking advantage of the lessons learned by other field presences not only allowed for the sharing of relevant expertise in areas such as the development of indicators, but also for the saving of time and resources as the experiences shared by colleagues from Guatemala and Mexico were fundamental in developing effective strategies as well as for avoiding pitfalls during the implementation of the project.
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In terms of challenges faced during 2010, a transitional regime remained in place in Ecuador with a number of key State institutions and partners, including the Constitutional Court, the Ombudsman, the General Prosecutor and the Judiciary Council, going through restructuring processes. This resulted in some delays in programme implementation. Furthermore, changes in key counterparts prevented the HRA from advancing further with the implementation of some of the planned activities.
Honduras Year established
2010
Staff as of 31 December 2010
1
Secretariat of State of Justice and Human Rights, has supported the preparation for the UPR exercise in November, has worked with the Human Rights Special Attorney and has established links with national human rights organizations.
Results National laws, policies and institutions (EA1) u The National Congress approved the creation of the Secretariat of State for Justice and Human Rights and of a Secretariat of State for Indigenous and Afro-descendant People. The HRA provided technical assistance to the Government on the creation of such bodies, including by developing a study of comparative models of similar institutions in countries of the region.
Background The situation in Honduras in 2010 was still very much determined by the after effects of a coup d'état in June 2009, even after the new Government took office in January 2010. The new Government took steps to set up new human rights institutions, but in a context of political polarization, demonstrations and strikes were frequent and often involved excessive use of force by the military and police forces. There were reports of extrajudicial executions of journalists, LGBT community members and agricultural workers, as well as threats and attacks against human rights defenders. The human rights situation of indigenous peoples and Afro-descendants continues to be characterized by discrimination, especially in the areas of protection of traditional ancestral and agricultural lands, employment and education, health care and housing. Honduras continues to be one of the most insecure countries in Central America, with one of the highest homicide rates in the world. The Human Rights Officer who had been deployed to Honduras shortly after the coup d'état (prior to the arrival of the Human Rights Adviser) worked toward the promotion of increased compliance from the Honduran State with its human rights obligations, particularly on preparation for the UPR process and the follow-up of recommendations. Since his arrival in the country in August, the Human Rights Adviser (HRA) has been cooperating with the UN Country Team to incorporate a human rights-based approach into the Common Country Assessment/United Nations Development Assistance Framework (CCA/UNDAF). The HRA has also assisted in the organization of the new
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Justice and accountability mechanisms (EA3) A National Mechanism against Torture was established. The HRA contributed to the promotion of a public debate on its role and importance based on the recommendations of the Subcommittee on the Prevention of Torture.
u
State engagement with human rights mechanisms (EA6) u The Government of Honduras prepared its report for the UPR and the HRA provided advice and contributed throughout the preparation process. Civil society engagement with human rights mechanisms (EA7) u Training sessions and advice provided by the HRA helped civil society organizations to prepare their report for the UPR. Nine of the 15 organizations participating in the trainings submitted information to the Human Rights Council. Human rights mainstreaming within the United Nations (EA11) u With the coordination efforts and support of the HRA, the Inter-Agency Group on Human Rights prepared the UNCT submission for the UPR of Honduras. u A human rights-based approach was incorporated into the UNCT’s planning process in the context of the elaboration of a new CCA/UNDAF. u With the technical support of the HRA, press releases, public statements and correspondence were issued by the Resident Coordinator in relation to Honduras’ obligations under international human rights treaties.
OHCHR IN THE FIELD: THE AMERICAS
Challenges and lessons learned The political polarization in Honduras considerably hindered the establishment of links among different key stakeholders responsible for human rights promotion and protection in the country. This challenge was addressed initially by setting up relationships with the actors that were open to dialogue and interested in finding common ground for taking actions on human rights in the country. The HRA's strategy to focus on issues of common interest and the recognition of his role as an impartial and legitimate actor, eventually led to the organization of open discussions and debates, which included actors on all sides of the political spectrum.
Nicaragua Year established
2007
Year discontinued
2010
Staff as of 31 December 2010
1
Background Nicaragua's relative macroeconomic stability in 2010 has allowed for some growth of the economy and a slight increase in social spending, leading to a small reduction in extreme poverty and malnutrition rates. In terms of the human rights protection system, the current Government has shown progress in implementing some international standards, especially concerning economic, social and cultural rights, but challenges still remain in several areas, including women's rights, in particular with regard to sexual violence against women and girls and reproductive rights. Although ratification of ILO Convention 169 and other international and regional human rights instruments represents an important step for the protection of human rights in the country, discrimination against indigenous people and Afro-descendants continues to impede equal access to justice and compounds socio-economic inequalities. In 2010, the Human Rights Adviser (HRA) concentrated mainly on raising awareness on the recommendations and observations of human rights mechanisms and increasing the rate of implementation of human rights standards. Another major goal was to ensure the improved integration of human rights standards and principles into UN policies and programmes. The HRA position was scheduled for discontinuation at the end of 2010, but following a request from the UN Country Team, the HRA’s office will continue operating in 2011 with UNDP funding.
Results National laws, policies and institutions (EA1) The HRA gave advice on the design of course contents and coordinated the process that led to the signing of a cooperation agreement between the National University of Nicaragua (UNAN-Leon) and the National University of Mexico (UNAM) for the development of graduate degrees and research studies on indigenous peoples' rights. u The HRA contributed to the increased awareness of the National Assembly on the right to food by developing a joint publication on the topic with the Assembly. The HRA also contributed to raising awareness in the Supreme Court on the rights of indigenous peoples through the training of judges. u
Ratification (EA2) The International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention 169), the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD), and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights (the Protocol of San Salvador) were all ratified.
u
State engagement with human rights mechanisms (EA6) u The HRA strengthened the capacity of State institutions to comply with recommendations from UN human rights mechanisms and bodies through the development of a database that groups and classifies all the recommendations from the different human rights mechanisms, and through the implementation of a number of workshops, conferences and meetings with relevant actors on economic, social and cultural rights, indigenous people's rights, the right to food and women’s rights. The database is also an important tool for helping the UN Country Team to follow up on, and monitor, the implementation of recommendations. Human rights mainstreaming within the United Nations (EA11) u The mid-term review of the United Nations Development Assistance Framework (UNDAF) 2008-2012 was carried out by the UNCT, applying a human rights-based approach. As a consequence, 50 recommendations from the UPR and other human rights mechanisms were included in the revised UNDAF. The creation of an institutional structure and the elaboration of
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© EFE/Greta Arévalo Garméndez
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Taking into account that the HRA post was to be discontinued on 31 December, responsibility for following up on the human rights situation in Nicaragua in 2011 will be assumed by OHCHR’s Regional Office for Central America. Nevertheless, following a request from the UNCT, a Human Rights Unit has been established at the Resident Coordinator’s Office with staff funded by UNDP and activities implemented with OHCHR’s financial support. As this new working method represents a challenge for the Office, strong collaboration between the Regional Office, the UNCT and the HRA will be needed to build on the achievements and to continue furthering advancements on the promotion and protection of human rights in Nicaragua.
Workers at a garbage dump in Nicaragua.
Paraguay
u
u
an action plan to follow up on the recommendations from the mechanisms were also prioritized in the UNDAF. A methodological package was developed by the HRA to help the UNCT in undertaking its annual assessment of the human rights situation in Nicaragua. The UN Consultative Committee of Indigenous Peoples and Afro-descendants, which was strengthened and coordinated by the HRA, met regularly to discuss issues such as the dissemination and implementation of ILO Convention 169 and the incorporation of their perspectives in the mid-term review of the UNDAF.
Challenges and lessons learned As part of efforts to promote greater compliance with human rights obligations by the State, the HRA focused on the incorporation of recommendations from the different human rights mechanisms in the mid-term review of the UNDAF 2008-2012. Given the large number and diversity of recommendations received by Nicaragua, the HRA developed a database to categorize them, which was made available to both the UNCT and the Government. In addition, the strategy to integrate the recommendations included the organization of workshops with the Government and the UNCT. As a result of this strategy, more than 50 recommendations from human rights mechanisms were introduced into the UNDAF. As a secondary result, the database prepared by the HRA will serve as a monitoring system for the implementation of recommendations by the State. 3
Year established
2010
Staff as of 31 December 2010
1
Background The election of the current President of the country in 2008 has represented a significant political change, putting an end to 61 years of uninterrupted one party rule. The Government has shown commitment and openness to human rights issues and has asked for international cooperation, particularly from OHCHR, to assist in making the necessary reforms and implementing programmes to overcome the many human rights challenges faced by the country. Despite the Government's commitment to improving the human rights situation, the population in Paraguay continues to experience difficulties in the enjoyment of human rights. In this regard, the main human rights challenges in the country are poverty and inequality (Paraguay is a lower middle-income country, but approximately 35 per cent of the population lives below the poverty line and close to 19 per cent in conditions of extreme poverty, reaching 32.4 per cent in rural areas. Its inequality index is 0.482, which places the country in last position among countries from South America3); the situation of indigenous people; weak rule of law institutions, including the justice system and the Ombudsman; impunity; corruption; discrimination; and protection of women's rights. The situation of people deprived of liberty is also of great concern and the country received a follow-up visit from the Subcommittee on Prevention of Torture in September 2010. The
Human Development Report 2010, Inequality-adjusted HDI value. Available at http://hdrstats.undp.org/en/countries/profiles/PRY.html; accessed April 4, 2011.
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country has a very good record in terms of ratification of international human rights instruments. The Human Rights Adviser (HRA) was deployed to Paraguay in September 2010. Before her arrival, technical support on human rights standards and principles as well as support on the establishment of the Human Rights Network of the Executive Branch and the elaboration of UPR and treaty body reports was provided to the country by the Regional Office for South America.
Civil society engagement with human rights mechanisms (EA7) u Thanks in part to the capacity-building activities of OHCHR, NGOs managed the timely submission of their reports for the UPR of Paraguay. Human rights mainstreaming within the United Nations (EA11) u The UN Country Team’s report for the UPR process was prepared and submitted with the technical assistance of OHCHR.
Results Challenges and lessons learned National laws, policies and institutions (EA1) u As a major output towards the development of a National Action Plan on Human Rights for 2011, the Paraguayan State, with the technical assistance of OHCHR, researched and published the study Public Policies of Human Rights Protection in Paraguay - Achievements and Challenges, in order to assess the implementation of public policies on human rights protection over the past four years. The Government announced in December 2010 the elaboration of a Human Rights National Action Plan as the main challenge for 2011. u A first draft of the human rights education plan was developed by the Ministry of Education with the assistance of the HRA and will be open to an extensive consultation process in 2011. State engagement with human rights mechanisms (EA6) u Paraguay submitted outstanding reports to the Committee against Torture (CAT) and the Committee on the Elimination of Racial Discrimination (CERD) and prepared its State report for the UPR process. OHCHR contributed to these achievements through capacity-building efforts undertaken by the South America Regional Office and then through tailored support provided by the HRA.
The late deployment of the HRA, initially planned for early 2010 but only possible in September, had an impact on the realization of many of the expected accomplishments, which have been postponed to 2011. Nonetheless, with the support provided by the Regional Office for South America up until then, capacity-building on treaty body reporting and the initial preparations for Paraguay’s UPR review were carried out on time. During the few months of her presence before the end of the year, the Adviser dedicated most of her time to supporting national authorities, the UNCT and civil society organizations in the preparation of their reports for the UPR process, as Paraguay’s review was scheduled for February 2011. The Government has demonstrated a great interest in technical cooperation with and advice from OHCHR, including on improving compliance with human rights obligations. This provides considerable opportunities for advancing on these issues with the support of the UNCT and national actors. The HRA also took advantage of her first months in the country to concentrate on strengthening partnerships with relevant actors and to prepare the ground for the activities planned for 2011.
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OHCHR in the field: Asia and the Pacific
Type of presence
Location
Country offices
l
Cambodia
l
Nepal
l
South-East Asia (Bangkok, Thailand)
Regional offices
l
Pacific (Suva, Fiji)
Human rights components of UN peace missions
l
Afghanistan
l
Timor-Leste
Human rights advisers to UN Country Teams
l
Indonesia**
l
Papua New Guinea
l
Sri Lanka
** Closed in 2010
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OHCHR REPORT 2010
During 2010, OHCHR maintained eight field presences in Asia and the Pacific: two regional offices (Bangkok, Suva), two components in peace missions (Afghanistan, Timor-Leste), two country offices (Nepal, Cambodia) and two human rights advisers (Papua New Guinea and Sri Lanka). The mandates of the offices in Cambodia and Nepal were renewed. The post of the Human Rights Adviser in Indonesia was discontinued at the Government’s request in January 2010, although OHCHR continued activities with the Government and national institutions from headquarters and Bangkok.
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
Throughout the year efforts were focussed on addressing human rights violations that arose in the context of several conflicts in the region, as well as post-conflict transitions in Nepal and Sri Lanka. The protection of human rights defenders and space for civil society were also priorities given intensified crackdowns in several countries. OHCHR continued to lend support to the newly established ASEAN Intergovernmental Commission on Human Rights through the Regional Office for South-East Asia, as well as to national institutions in the region in partnership with the Asia-Pacific Forum of National Human Rights Institutions. Important fieldwork was undertaken on protection of civilians in Afghanistan, land issues and prison reform in Cambodia, discrimination and transitional justice issues in Nepal, and education and disability in Timor-Leste. The Regional Office for South-East Asia developed new systems for follow-up to treaty body, special procedures and UPR recommendations. Significant progress was also made in expanding work in the Pacific region, particularly in the context of UPR and engagement by special procedures. OHCHR conducted its first training activities in Myanmar in the context of the UPR, as well as a judicial colloquium in Iran. OHCHR engaged in several important initiatives on accountability in the region, including in relation to Nepal, Sri Lanka, Afghanistan, Cambodia and Timor-Leste. The Special Rapporteur on Myanmar, with his proposal for a Commission of Inquiry, also focused attention on accountability issues in the context of Myanmar’s transition process. The year saw several new public reports and other publications. Public reporting on the protection of civilians in Afghanistan received prominent attention, along with a report on harmful traditional practices and the implementation of the Law on Elimination of Violence against Women. A public report on extrajudicial killings in Nepal was released in September. The Regional Office for the Pacific published several technical studies and advocacy documents, and the Regional Office for South-East Asia further developed its website and online database. Several mandated reports were completed and presented at the General Assembly and the Human Rights Council, notably the Secretary-General’s reports to the General Assembly on the human rights situation in both Iran and the Democratic People's Republic of Korea. In April 2010, the 15th workshop of the Asia-Pacific Framework on Regional Cooperation for the Promotion and Protection of Human Rights was held
in Bangkok with the participation of 31 States and many representatives of national institutions and civil society. The High Commissioner visited the Republic of Korea and Japan in May and the Deputy High Commissioner visited Cambodia in November.
Country Offices Cambodia Year established
1993
Staff as of 31 December 2010
27
Expenditure in 2010
US$2,292,919
Background Cambodia has enjoyed political stability that has favoured continued economic growth in 2010, although at a slower pace than in previous years due to the effects of the financial downturn. This economic development was largely concentrated in the cities while the countryside, where 75 per cent of the population live, was not able to benefit equally from such progress. Cambodia has ratified most human rights treaties, but a significant gap remains between the adoption of often good laws and their actual implementation. Areas of particular concern in 2010 continued to be the increasing limitations on freedom of expression, assembly and association; human rights violations stemming from land disputes; and challenges for the justice system in the context of weak separation of powers and checks and balances. The Extraordinary Chambers in the Courts of Cambodia successfully completed its first case and conviction in July 2010, now subject to appeal. In 2010, the office in Cambodia strengthened its programme of cooperation with the Government, civil society, United Nations agencies and donor community in the four priority areas it has identified, namely promotion and protection of land and housing rights; improvement of the administration of justice in terms of its accessibility by ordinary people and their ability to obtain remedy for violations of their rights; support to correctional reform and the protection of prisoners; protection of the fundamental freedoms of opinion, expression, assembly, association and press; and continued support to civil society actors, in particular non-governmental human rights organizations. In January 2010, the Government extended its Memorandum of Understanding with OHCHR for another two years, until 31 December 2011.
OHCHR REPORT 2010
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Results National laws, policies and institutions (EA1) u Safeguards against illegal evictions were incorporated into Circular No. 3 on Temporary Settlement by the Ministry of Land Management following the provision of advice by the Office. The Circular was adopted in May 2010. u The conditions of imprisonment and treatment of approximately two-thirds of the national prison population, in particular those of women, were monitored by OHCHR-Cambodia. As a follow-up to the monitoring and in line with human rights standards, practical improvements were achieved in terms of water supply, sanitation, ventilation, access to outdoor areas and access to education in prison, thus improving the daily life of over 2,500 prisoners. In addition, OHCHR-Cambodia facilitated the access of civil society organizations to prisons to implement a range of activities, including literacy programmes, medical support and farming development. Finally, a comprehensive training plan for prison staff was developed and approved by the Ministry of Interior with the support of the Office. u The draft law on prisons was revised by the Ministry of Interior and now incorporates most relevant human rights standards. The Office provided advice and expertise on the subject. u The Government of Cambodia and civil society actors agreed on draft legislation to create a National Human Rights Institution in compliance with the Paris Principles. The Office facilitated the discussions between the stakeholders and provided substantive advice on compatibility with the Paris Principles. u In late 2009 the Cambodian Parliament adopted a new Peaceful Demonstration Law. With a view to assisting officials in administering the Law in a manner consistent with Cambodia’s human rights obligations, OHCHR-Cambodia and the East West Management Institute worked with the Government and civil society to draft an implementation guide for the Law. u Following intervention from the Office, a multinational company conducted an environmental and social impact assessment, including an analysis on how the United Nations Declaration on the Rights of Indigenous Peoples applied to its rubber plantation, and initiated discussions with affected communities to reach a mutually acceptable settlement.
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Ratification (EA2) u The Government of Cambodia ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women with the support of promotional activity from OHCHR. Participation (EA5) Continued support and advice provided to civil society organizations encouraged them to increase the number of actions undertaken to promote and seek the protection of human rights. Furthermore, while the Office advised the Ministry of Interior that a new law to regulate NGOs was not legally needed and could undermine the development of civil society in the country, it also provided legal advice to improve the draft law and encouraged the Ministry to engage in consultations with civil society and other stakeholders on its drafting.
u
State engagement with human rights mechanisms (EA6) u The Office assisted the Cambodian Government in clearing its backlog of overdue reports to various treaty bodies, including the Committee Against Torture (CAT), the Committee on the Elimination of Racial Discrimination (CERD) and the Committee on the Rights of the Child (CRC). The last remaining report, the International Covenant on Civil and Political Rights (ICCPR), is nearly complete and will be submitted in 2011. This is a commendable achievement given that 14 reports were overdue in 2008. Civil society engagement with human rights mechanisms (EA7) u Support and advice provided to civil society organizations ensured the timely submission of a shadow report to the CAT. The report’s recommendations were taken into account in the Committee’s concluding observations. Human rights mainstreaming within the United Nations (EA11) u Human rights principles and norms were integrated into various chapters of the United Nations Development Assistance Framework (UNDAF) 2011-2015, in particular under the chapter on Good Governance. u The Office, WHO and UNODC, drafted a Common Viewpoint on Drug Treatment in Cambodia consistent with human rights standards, which was adopted in March 2010 by the UNCT to guide its actions.
© OHCHR/Cambodia
Human Rights Day celebration in Phnom Penh, Cambodia. u
Based on a UNCT common position on evictions and resettlements (promoted by the Office in 2007), the Office was able to bring together the UNCT to obtain better standards of resettlement for 42 families whose members were living with HIV, and who were evicted from their homes and relocated to a resettlement site on the outskirts of Phnom Penh in mid-2009.
Challenges and lessons learned Against the backdrop of shrinking space for freedom of expression and assembly, the Government responded strongly to international actors, including OHCHR, for making public statements or comments on issues of concern. OHCHR-Cambodia has long held the privileged position of participating in private dialogue with the Government, which has been helpful in advancing many issues and individual cases, but the challenge remains to balance this with the global mandate of the High Commissioner to speak publicly on concerns when required. During the year, both the Secretary-General and High Commissioner stressed to the Government the importance of OHCHR’s public advocacy role. In a country where the implementation of adopted legislation is an issue of concern, the Office pursued efforts to assist Government institutions in applying existing laws while taking into account the country’s
human rights obligations. The guide on implementing the new Peaceful Demonstration Law, elaborated by the Office with the Government, the East West Management Institute and civil society, was adopted by the Ministry of the Interior in December 2010. It contributes to ensuring the Law is understood and applied in a rights-friendly manner. In the course of its work to help bring draft legislation in line with human rights obligations, the Office intends to promote the drafting of similar guides for future legislation to ensure their implementation is consistent with human rights principles.
Cambodia: Expenditure in 2010 Regular budget expenditure in US$ Personnel and related costs Consultants Official travel Contractual services General operating expenses Supplies & materials Seminars, grants & contributions Subtotal Programme support costs GRAND TOTAL
Extrabudgetary expenditure in US$
1,125,353
182,791
-
63,153
26,866
67,863
8,600
126,755
170,200
48,050
55,000
119,514
-
194,440
1,386,019
802,566
-
104,334
1,386,019
906,900
OHCHR REPORT 2010
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The right to water and sanitation was recognized by the United Nations General Assembly in July 2010 as essential for the full enjoyment of life and all human rights. Thanks to the ongoing partnership between the United Nations human rights office in Cambodia and the Government, thousands of prisoners in Cambodia have been enjoying an increased supply of water for daily drinking, cooking and personal hygiene. In 2010, OHCHR installed rain-water harvesting systems and increased water storage facilities in the prisons of Banteay Manchey, Siem Reap, Mondolkiri, Kratie Provinces and in Correctional Centre No. 4, thus improving the daily life of over 2,500 prisoners. The system also has the additional benefits of providing water free of charge, while helping to preserve underground water resources. In other prisons, such as Pursat, Battambang, or Kampong Thom, the support provided focused on connecting or improving the connection to the city water supply, or drilling additional wells, which enabled over 1,500 prisoners to have enough water to drink, wash, or flush their latrines. Monitoring visits also identified a lack of access to fresh air, as the
© OHCHR/Cambodia
Right to water and sanitation: A human right in prison too
majority of prisoners remain confined to their cells for most of the day, if not all day long. To address this concern, OHCHR has been working with the prison authorities in 2010, not only to improve the ventilation inside the cells but also to enhance access to outdoor areas. Additional windows now allow air and natural light to enter the cells in Siem Reap prison, and internal fencing in Mondolkiri now provides a secured area in which prisoners can exercise on a daily basis and enjoy direct sunlight and fresh air. Better access to water and fresh air has a positive effect on health, personal hygiene, morale and self-esteem. But the material
Nepal Year established
2005
Staff as of 31 December 2010
106
Expenditure in 2010
US$6,843,248
Background Impunity and discrimination combined with extreme poverty continue to create major hurdles to the enjoyment of civil and political as well as economic, social and cultural rights. Failure to finalize the new constitution by May 2010 led to an extension of the mandate of the Constituent Assembly and the
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OHCHR REPORT 2010
support yields wider effects, at the policy and institutional level: it helps to facilitate dialogue and engagement with the authorities on more difficult issues such as ill-treatment, corruption, or lack of access to justice. “It is very important for OHCHR to visit our prisons. (…) The UN is playing a very important role to prevent the violation of prisoners’ [rights],” says General Heng Hak, Director-General of Prisons in Cambodia from 2006 to 2011. “Before, prison authorities did not dare talk to OHCHR. They thought the UN would find problems and then complain to higher authorities. Now they understand that the UN comes, helps find the problems and helps solve the problems as well.”
deadline for the drafting of the new constitution to May 2011. Although the Prime Minister resigned in June, a new government had still not emerged by December and several important initiatives, such as the establishment of transitional justice mechanisms, remained stalled. An already fragile security situation was exacerbated by the activities of armed and criminal groups and credible allegations of extrajudicial killings by the security forces. The mandate of OHCHR-Nepal was renewed in June 2010 for a further year. At the request of the Government, OHCHR closed all of its regional offices by the end of 2010. OHCHR-Nepal continues its human rights monitoring and capacity-building
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
activities across the country, in cooperation with national human rights institutions and civil society. In 2011, the Office will seek an extension of its current mandate, which expires in June. u
Results
Ratification (EA2) u The Convention on the Rights of Persons with Disabilities (CRPD) was ratified by the Nepalese Government in May, with the support of promotional activities conducted by the Office. Justice and accountability mechanisms (EA3) u With the support of OHCHR-Nepal, regional and district-level groups of victims of human rights
u
u
u
© OHCHR/Nepal
National laws, policies and institutions (EA1) u As a result of the Office’s advocacy efforts and capacity-building activities, Nepal’s Police and Armed Police Force demonstrated improved professionalism and better compliance with human rights standards in their response to a number of protests and demonstrations, particularly the six-day long protest in May. OHCHR-Nepal also contributed to the reduction in the use of violence by regularly monitoring demonstrations and other political events. Overall, 189 demonstrations and protests were monitored across the county. During the May protests the Office deployed 21 monitoring teams in different parts of the country. u The National Human Rights Action Plan, which includes human rights indicators and integrates the MDGs, was endorsed by the Government. The Plan, which was drafted with contributions from OHCHR-Nepal, outlines the Government's priorities in the sectors of education, health, administration of justice, legal reform and protecting the rights of marginalized and vulnerable groups. u Through technical capacity and support provided by the Office, the skills of the National Dalit Commission and the National Women’s Commission in designing, preparing and implementing human rights training sessions were enhanced. Furthermore, as a result of joint monitoring missions with OHCHR, the visibility of both Commissions has significantly increased at district level, as has their outreach to victims of gender and caste-based discrimination. u Despite the Constituent Assembly’s failure to produce its first consolidated draft bill on the new constitution, OHCHR-Nepal’s advocacy efforts and technical advice have had a significant impact in promoting informed constitutional deliberations on contentious human rights issues such as impunity, discrimination and violations of economic, social and cultural rights.
violations regularly took part in workshops and consultations to develop strategies to claim their rights and prepare for future transitional justice processes. An extensive mapping of serious violations of international human rights and humanitarian laws allegedly committed during the decade-long conflict between Maoist insurgents and security forces was coordinated by the Office. The exercise produced a searchable data set compiling more than 8,000 cases and a reference archive of 25,000 documents. With OHCHR-Nepal's technical guidance and support, a Working Group on National Human Rights Indicators was established to identify indicators for monitoring the enjoyment of economic, social and cultural rights in Nepal. The Working Group included representatives of the Government of Nepal, national human rights institutions and civil society. As a result of its continuing monitoring and investigation, OHCHR-Nepal released a public report entitled Investigating Allegations of Extra-Judicial Killings in Terai documenting alleged incidents of extra judicial killings committed by security forces. Through its focused efforts on emblematic cases of caste-based discrimination, OHCHR-Nepal engaged with Government authorities and the Police, advocating for the effective investigation of cases and prosecution of perpetrators. In 2010, a groundbreaking verdict was issued by a district court in a remote region of Nepal where OHCHR-Nepal is active, citing the relevant provisions of the Committee on the Elimination of Racial Discrimination (CERD) for the first time
Participants, including the Deputy Chairperson of the Constituent Assembly of Nepal, at an event to distribute talent awards and assistive devices to persons with disabilities in Kathmandu, Nepal to mark the 19th International Day of Persons with Disabilities, December 2010.
OHCHR REPORT 2010
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OHCHR IN THE FIELD: ASIA AND THE PACIFIC
u
u
as part of a decision regarding a case of caste-based discrimination. The Office and the National Dalit Commission jointly published comments of the draft bill on castebased discrimination and untouchability, advocating for consistency with international human rights standards and best practices, and for the establishment of effective accountability mechanisms for cases of caste-based discrimination. In relation to an emblematic case regarding disappearance and human rights violations committed during the conflict, the Office provided technical support to the National Human Rights Commission in facilitating the exhumation of the bodies of five victims. The success of this operation is an important step in the effort for seeking justice for past abuses.
Access to justice and basic services (EA4) u With the assistance of the Office, the National Plan of Action on UN Security Council resolutions 1325 and 1820 was finalized by Nepal, the first South Asian country to do so. u OHCHR-Nepal took part in the task force advising the Government on the development of Standard Operating Procedures for the prevention of, and response to, gender-based violence. Furthermore, through a series of trainings on access to justice for victims of sexual and gender-based violence in selected districts, the Office empowered local communities to be able to respond to sexual violence. u The Office continued to support a coalition of civil society organizations, the Durban Review Conference Follow-up Committee (DRCFC), strengthening their advocacy against all forms of discrimination. DRCFC actively participated in national fora, including through their contribution to the joint report of the Nepal NGO Coalition and the report of the NHRI as part of Nepal’s first review under the UPR. The Committee also increased its outreach effort towards marginalised communities in remote areas of Nepal, with OHCHR support. Civil society engagement with human rights mechanisms (EA7) u The Office facilitated the preparation, drafting and submission of civil society organizations’ joint report for the upcoming January 2011 UPR of Nepal. Some 238 organizations representing marginalized communities throughout Nepal participated in the preparations. The National Human Rights Commission, the National Women’s Commission and the National Dalit Commission made an important joint submission for the process.
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OHCHR REPORT 2010
Human rights mainstreaming within the United Nations (EA11) u OHCHR-Nepal, as the Protection Cluster leader in Nepal, ensured that proper planning was undertaken towards the preparedness of the member agencies for any potential natural disaster by revising the Cluster’s strategy, work plan and contingency plans. u Progress was also achieved in the mainstreaming of human rights into the work of the Inter-Agency Standing Committee (IASC), the primary mechanism for the inter-agency coordination of humanitarian assistance. Most notably, the health and nutrition, water and sanitation, education, food and early recovery clusters are in the process of incorporating in their operational plans checklists based on international human rights standards developed by the Office.
Challenges and lessons learned Some of the challenges faced by OHCHR-Nepal in the first half of 2010 arose around the uncertainties related to negotiations for a renewal of the office’s mandate beyond 9 June, which constrained the ability of the office to take on substantive commitments past that date. The second half of 2010, after the mandate was extended, also saw a period of restructuring of the office, as based on the terms of the mandate extension OHCHR had to close its five regional presences in Nepal. The office also underwent a leadership transition and turnover of several experienced staff. The closure of the Office’s presences on the ground represents new challenges for OHCHR-Nepal. With all staff and infrastructure located in Kathmandu, the undertaking of monitoring missions, crucial for preventing human rights violations, will require more planning and new strategies to maximize OHCHR’s presence and effectiveness. The Office’s established approach of preventive monitoring through the facilitation of communication between interlocutors and improving the capacity of national human rights institutions and local human rights defenders to effectively operate, has contributed in a number of cases to reduced tensions and improved protection of human rights. This approach will be valuable in addressing the challenges posed by the new structure of the office. Supporting the creation of strong, impartial and independent civil society networks in Nepal will also remain a key strategy.
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
Regional Offices
Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
Consultants
-
25,818
Official travel
-
291,905
Contractual services
-
169,504
General operating expenses
-
692,855
Supplies & materials
-
183,225
Seminars, grants & contributions
-
215,600
Subtotal
-
6,055,972 787,276
Programme support costs GRAND TOTAL
4,477,065
-
6,843,248
OHCHR support on translating MDGs and recommendations issued by treaty bodies and special procedures into national planning policy Responding to a growing demand from national human rights institutions and civil society organizations for better protection and justiciability of economic, social and cultural rights to be included in the new constitution, OHCHR continued its engagement in 2010 with the Government of Nepal and other key national stakeholders through various activities. Following a series of capacity-building activities targeting high-level Government officials and with OHCHR-Nepal's technical assistance, human rights indicators, including the MDGs, were integrated into Nepal’s National Human Rights Action Plan. The Plan, adopted by the Government in December 2010, outlines the Government’s human rights priorities for the following three years. As a result, Nepal has become one of the first countries to apply the work on human rights indicators initiated by OHCHR. Through constructive engagement with OHCHR, and the provision of specific technical assistance, indicators for human rights, particularly on economic, social and cultural rights, have been integrated into Government policies and programmes, and will assist national human rights institutions and civil society to monitor progress. Human rights indicators will also assist the Government and civil society in their engagement with international monitoring mechanisms, such as treaty bodies and special procedures.
Regional Office for South-East Asia (Bangkok, Thailand) Year established
2002
Staff as of 31 December 2010
5
Expenditure in 2010
US$1,210,010
Background At regional level, the newly established regional human rights mechanism – the Association of Southeast Asian Nations (ASEAN) Intergovernmental Commission on Human Rights – focused on its initial internal institution-building phase in 2010. Key events with human rights implications took place in several countries, including the first national elections in more than 20 years in Myanmar and political unrest in Thailand. The protection of the rights of trafficked persons and the rights of migrant workers and their families, combating inequalities, poverty and discrimination, combating impunity and preventing torture, and ensuring freedom of expression, thought and religion were among the main challenges for the region. The Regional Office for South-East Asia plays a catalytic role with a range of partners at regional and national levels, including governments, ASEAN, civil society and UN agencies. It advocates for the increased engagement of Member States and civil society organizations (CSOs) with the international human rights system, the increased ratification of international human rights instruments, and
© OHCHR/Thailand
Nepal: Expenditure in 2010
Meeting organized by the Regional Office for South-East Asia to mark the 20th anniversary of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
OHCHR REPORT 2010
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OHCHR IN THE FIELD: ASIA AND THE PACIFIC
follow-up to treaty body, special procedures and UPR recommendations. The Office acts as a resource of expert advice on human rights for partners in the United Nations, governments and CSOs and it strives to bring international human rights standards and mechanisms as well as a human rights-based approach to discussions on political, social, humanitarian, economic and development issues.
Results Ratification (EA2) u The Regional Office advocated for ratification of Conventions and provided advice on their legal implications. A high-level commemoration of the 20th anniversary of the Convention on Migrant Workers put the spotlight on the need for countries in the region to take steps towards ratification. During the year, Indonesia signed the Convention for the Protection of All Persons from Enforced Disappearance and the Lao People's Democratic Republic signed the Convention Against Torture (CAT). State engagement with human rights mechanisms (EA6) u As a result of the Regional Office’s advocacy, technical advice and capacity-building work, several countries in the region increased their engagement with UN human rights mechanisms. More reports were submitted to treaty bodies, including Indonesia’s reports to the Committee on the Elimination of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). There was a rise in special procedures mandates that visited the region, like the Working Group on Arbitrary Detention that visited Malaysia and the Special Rapporteur on contemporary forms of racism who visited Singapore. Through regional and bilateral programmes, the Regional Office assisted Laos, Myanmar, Singapore and Thailand with UPR preparations. u A database to assist governments, CSOs, national human rights institutions (NHRIs) and the ASEAN human rights mechanisms to follow-up on the recommendations received from special rapporteurs and treaty bodies, and to increase their interaction with these bodies, was prepared and launched by the Regional Office. Civil society engagement with human rights mechanisms (EA7) u The Regional Office helped to improve understanding among the region’s NHRIs and CSOs of the work of UN human rights bodies. The Office provided technical advice and organized a
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OHCHR REPORT 2010
number of training sessions and events on these issues. It also facilitated consultations between CSOs and the regional UN thematic working groups and the Special Rapporteur on trafficking. This increased the number of interventions made by special procedures and contributions from civil society actors, especially on migration and trafficking issues. International and regional laws and institutions (EA8) u The ASEAN Intergovernmental Commission on Human Rights took further steps towards its consolidation with the holding of its first formal meetings and the agreement of its five-year work plan. The ASEAN Commission for the Promotion and Protection of the Rights of Women and Children was also launched. The Regional Office, together with other UN agencies, engaged in consultations with these bodies and began implementing a programme of support. The Office also assisted CSOs with their advocacy for the development of a credible and effective ASEAN human rights system that is fully engaged with all sections of society. Human rights mainstreaming within the United Nations (EA11) u The thematic working groups of the Asia-Pacific Regional Coordination Mechanism are increasingly integrating human rights standards and principles. The Thematic Working Group on International Migration including Human Trafficking and the Thematic Working Group on Gender Equality and Empowerment of Women are prime examples in this respect. The Regional Office plays an active role in these two thematic working groups and leads in the organization of key events such as the Commemoration of the 20th Anniversary of the Convention on the Protection of All Migrant Workers and Members of Their Families, and a special open session with the UN Special Rapporteur on trafficking in persons, especially women and children. u In Thailand, an OHCHR-chaired Inter-agency Working Group for the drafting of the UN submission to the UPR was established. In addition, the Regional Office supported the UNCTs in Laos and Myanmar in the preparation of their reports. u The UNCTs in the Philippines and Laos used a human rights-based approach in the elaboration of their respective United Nations Development Assistance Framework (UNDAF) documents. The Regional Office trained members of the UNCTs on the concepts and suitable approaches for their implementation.
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
Challenges and lessons learned As a Regional Office that has to cover a wide range of countries and human rights issues, establishing partnerships at both regional and national levels was essential for achieving the Office’s expected accomplishments. While organizing an event on human trafficking in Thailand, the Regional Office decided not to follow its usual modus operandi of being the event’s sole organizer, but rather decided to collaborate with other key actors like the National Human Rights Commission of Thailand, relevant Governmental agencies, the Police and CSOs. This approach proved to be effective as it allowed the Regional Office to build strategic partnerships with the co-organizers, opening doors for further cooperation.
Regional Office for South-East Asia (Bangkok, Thailand): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
798,118
Consultants
-
33,547
Official travel
-
68,651
Contractual services
-
2,500
General operating expenses
-
80,320
Supplies & materials
-
15,319
Seminars, grants & contributions
-
72,350
Subtotal
-
violence; discrimination against women; poor conditions of detention; police violence and torture; the right to adequate housing and in some countries forced evictions; access to basic services, including healthcare; and protection in situations of natural disaster and armed conflict. The Regional Office for the Pacific is located in Suva, Fiji and covers the 16 Pacific Island Forum countries of Australia, the Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Marshall Islands, Samoa, the Solomon Islands, Tonga, Tuvalu and Vanuatu. The Regional Office also provides substantive support to the Human Rights Adviser (HRA) in Papua New Guinea. In implementing its work, the Regional Office engages with the countries of the region on issues of discrimination, torture and ill-treatment, and economic, social and cultural rights.
Results National laws, policies and institutions (EA1) The Government of Papua New Guinea, with technical assistance from the Regional Office and the HRA working in the country, set up a working group on the establishment of a national human rights institution and drafted the corresponding legislation, which was submitted to the National Executive Council for approval.
u
Ratification (EA2) Through advocacy efforts, the Office contributed to the Government of Vanuatu passing a bill through Parliament in November to ratify the Convention against Torture. OHCHR also conducted a regional meeting to help countries prepare for the UPR process, and activities were carried out to prepare for follow-up to UPR recommendations.
u 1,070,805 139,205
Programme support costs -
GRAND TOTAL
1,210,010
Regional Office for the Pacific (Suva, Fiji) Year established
2005
Staff as of 31 December 2010
7
Expenditure in 2010
US$902,109
Background The Pacific region includes a large number of small island communities that are extremely isolated, both geographically and politically, along with the industrialised countries of Australia and New Zealand. The region has huge diversity, which can be seen in key indicators on poverty and other areas of human development. Human rights concerns include high rates of sexual and gender-based
State engagement with human rights mechanisms (EA6) u The first visit by a special procedures mandateholder to Papua New Guinea (the Special Rapporteur on torture) resulted in improved awareness amongst local and national authorities of the duty to prosecute perpetrators of torture. Civil society engagement with human rights mechanisms (EA7) u Civil society organizations from Fiji, Papua New Guinea and Vanuatu submitted cases for the consideration of special procedures mandateholders as a direct result of the capacity-building activities implemented by the Regional Office.
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Human rights mainstreaming within the United Nations (EA11) u Under the leadership of the Regional Office, the Pacific Humanitarian Protection Cluster and protection working groups in Samoa and Fiji were established and are active in advocating for the inclusion of protection issues in response to emergencies. u The UNCTs in Fiji and Samoa adopted a human rights strategy for the 14 countries they cover. The strategy incorporates the promotion of economic, social and cultural rights. The Office supported the process and provided inputs on applicable human rights principles.
Challenges and lessons learned In a region that is prone to natural disasters, it is of utmost importance to have the capacity to respond to such emergencies rapidly and at extremely short notice. The Pacific Humanitarian Protection Cluster (PHPC), co-chaired by OHCHR, agreed to establish a regional inter-agency protection roster called the Protection Emergency Team (PET). Members of the PHPC have designated personnel from among their own staff who can be deployed as part of the roster within 72 hours after an emergency has occurred. The PET concept was first tested in response to a tsunami in Samoa and OHCHR’s Regional Office for the Pacific deployed two staff members, including the Regional Representative, to lead the protection cluster at the national level. The cluster was also comprised of staff from UNICEF, Save the Children and two local NGOs. The use of the roster was successful not only because it provided assistance and much needed resources at short notice, but also because it increased coordination among actors as it brought together United Nations and NGO representatives. The UPR is a significant new mechanism for this region, since it brings even the smallest and most isolated nations to the review in Geneva and makes them account for their human rights records. The Regional Office carried out a number of workshops to support the countries reviewed under the mechanism in 2010 and 2011. This allowed the Office not only to build the capacity of Member States in terms of reporting, but most importantly to establish connections with a number of countries with which it previously had little contact, opening the door for further collaboration on human rights issues.
Regional Office for the Pacific (Suva, Fiji): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
612,052
Consultants
-
14,191
Official travel
-
62,843
Contractual services
-
2,390
General operating expenses
-
37,840
Supplies & materials
-
5,350
Seminars, grants & contributions
-
63,661
Subtotal
-
798,327 103,782
Programme support costs GRAND TOTAL
-
902,109
Human Rights Components in UN Peace Missions United Nations Assistance Mission in Afghanistan Year established
2002
Staff as of 31 December 2010
92
Background Throughout 2010, efforts to promote and protect human rights and build rule of law in Afghanistan faced serious challenges. The armed conflict intensified throughout the country with a corresponding rise in civilian casualties. Civilians also suffered from injury, loss of livelihood, displacement, destruction of property and disruption of access to essential services. Women continued to be confronted with discriminatory laws and practices that violate their basic human rights and widespread harmful traditional practices continued to cause suffering and marginalization for millions of Afghan women and girls. Impunity remained a major impediment to establishing rule of law and respect for human rights. Concerns regarding further entrenchment of impunity were heightened in the context of the new peace, reconciliation and reintegration process launched in late 2010. OHCHR is integrated within the Human Rights Unit of the United Nations Assistance Mission in Afghanistan (UNAMA). OHCHR-UNAMA monitors, analyzes, reports and advocates on the human rights
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© IRIN/Ayub Farhat
situation and engages in capacity-building, protection and advocacy activities. Through regular public updates and thematic reports, the Human Rights Unit provides relevant stakeholders, including the Government, the international community and civil society, with a substantive analysis of the human rights situation, raises issues of concern and proposes measures to improve the promotion and protection of human rights throughout Afghanistan. OHCHR provides three dedicated posts and funds to support technical cooperation activities with Afghan national partners.
u
Results National laws, policies and institutions (EA1) u Sustained public reporting and advocacy by OHCHR/UNAMA on the protection of civilians in conflict saw an encouraging decline in the proportion of civilian deaths caused by Pro-Government Forces (16 per cent down 26 per cent from 2009), although the overall number of civilian deaths continued to grow (2,777 in 2010, representing an increase of 15 per cent from 2009). u The Law on Elimination of Violence against Women was passed by the State and OHCHR-UNAMA undertook monitoring, advocacy and capacity-building activities on its implementation. In particular, support was
u
provided to the Ministry of Women’s Affairs and provincial departments of women’s affairs for the establishment of commissions on the elimination of violence against women in the provinces, which are tasked to monitor the implementation of the Law and coordinate the efforts of provincial authorities and NGOs to address violence against women. OHCHR-UNAMA developed a strategy of outreach and advocacy to religious leaders and law enforcement officials on women’s rights and Islam. This includes targeted media programmes on radio and television throughout the country that involve male human rights officers who are experts in Sharia law discussing harmful practices against women with religious leaders and Government officials. Reports and assessments indicate that such efforts have been successful in convincing some religious leaders to preach against harmful practices on the basis that they are inconsistent with Islam. Continual follow-up is required to evaluate whether these gains can be sustainable. A country-wide research initiative led by OHCHR-UNAMA on harmful traditional practices perpetrated against women and girls resulted in a public report that was released in December. This report will feed into the country-wide advocacy strategy on the full and speedy implementation of the Law on Elimination of Violence against Women.
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u
u
The draft Law on Dispute Resolution Council Jirgas and Shuras was reviewed by OHCHR-UNAMA to ensure its compliance with international human rights standards and to check that the Law safeguards women's rights. OHCHR-UNAMA’s comments on the draft Law were with the Ministry of Justice which was reviewing the draft Law at year end. The Human Rights Support Unit of the Ministry of Justice was established and staffed. OHCHR-UNAMA, in collaboration with UNDP, provided technical advice to the Ministry to support the establishment of the Unit, including by developing its work plan, terms of reference, supporting the recruitment of staff and conducting training on the human rights-based approach for newly recruited personnel.
Justice and accountability mechanisms (EA3) u With the support of OHCHR-UNAMA and the participation of the NGO Physicians for Human Rights, the Ministry of Interior established a forensic capacity. Participation (EA5) u Women were increasingly involved in political processes aimed at restoring peace and economic prosperity in the country. For instance, more than 300 women (25 per cent of participants) attended the June National Consultative Peace Jirga. In addition, 69 women were elected as Members of Parliament in the August parliamentary elections. These positive developments can largely be attributed to the successful advocacy of Afghan women’s associations and NGOs. OHCHR-UNAMA contributed to this result by supporting civil society actors in raising the issue of female participation in all appropriate forums. Human rights mainstreaming within the United Nations (EA11) u OHCHR-UNAMA participated in the Afghan Protection Cluster and ensured that protection strategies were included as a core element of the Humanitarian Action Plan 2010. u The UNCT agreed to adopt an Integrated Strategic Framework as a step towards the United Nations “Delivering as One” programme in Afghanistan. Rule of law and human rights were included among the five priority areas of this framework, endorsed by the Government. OHCHR-UNAMA chairs the Working Group on Human Rights. Similarly, human rights and the protection of civilians were prioritized for the 2011 Consolidated Appeal Process (CAP) developed by the UNCT in November.
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Challenges and lessons learned The long-standing and broad armed conflict in Afghanistan hindered the already restricted capacity of OHCHR-UNAMA to carry out awareness-raising and capacity-building activities, particularly at regional level, and posed numerous challenges to the ongoing monitoring of civilian casualties. Furthermore, the inherent limitations facing the United Nations in terms of engaging with the insurgency in Afghanistan affected OHCHR-UNAMA’s ability to influence insurgent behaviour on protecting civilians. To deal with these challenges, OHCHR-UNAMA undertook joint monitoring with national stakeholders and supported the building of local networks for the implementation of protection activities. Cooperation with national actors, including the Afghan Independent Human Rights Commission, to enhance their capacity to monitor and report on the protection of civilian issues was deemed successful and will be further strengthened.
United Nations Integrated Mission in Timor-Leste Year established
The Human Rights and Transitional Justice Section was established in 2006 as an integrated component of the United Nations Integrated Mission in Timor. OHCHR has had a presence in Timor-Leste since 2001.
Staff as of 49 31 December 2010
Background Timor-Leste has seen a noticeable improvement in its security situation and the last transitional shelters for persons internally displaced during the 2006 crisis were closed in February 2010. In terms of human rights, some challenges remain but progress has been made towards institutional development and the strengthening of justice mechanisms. OHCHR has had a presence in Timor-Leste since 2001. In its current format, the Human Rights and Transitional Justice Section was established in 2006 as a component of the United Nations Integrated Mission in Timor-Leste. The Section’s broad-based mandate encompasses monitoring and reporting, capacitybuilding, security sector reform and transitional justice. An OHCHR technical cooperation programme is delivered through the Human Rights and Transitional Justice Section (HRTJS) to provide technical advice and training for Government officials and NGOs, to strengthen national institutions and promote transitional justice. In addition, OHCHR co-leads the local UN Protection Cluster for humanitarian response.
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
Results
u
u
© UN Photo/Martine Perret
National laws, policies and institutions (EA1) u A Law against Domestic Violence generally in compliance with international human rights standards was adopted in May. The HRTJS provided inputs and comments on applicable human rights standards. The HRTJS also contributed to ensuring that international human rights standards were taken into account in internal security legislation, the draft land Law, the draft customary Law, the domestic framework on trafficking and the draft Law on reparations. u The national human rights institution (the Provedoria for Human Rights and Justice) has worked in compliance with the Paris Principles. An example of this was the Provedoria’s provision of human rights inputs to the drafting of selected legislation, notably the Law against Domestic Violence. Such compliance was recognized by the Provedoria retaining its “A” status within the International Coordinating Committee of National Human Rights Institutions (ICC) framework. The HRTJS worked to increase
the Provedoria’s capacity to address human rights issues by training its staff on monitoring, fact-finding and reporting and by providing advice on human rights principles. As a result of a support programme to the Ministry of Education that started in 2005, primary school teachers are now including human rights messages in their lessons and are increasingly using participatory methods to impart knowledge. In 2010, teachers also started using a human rights education manual in Tetum that was produced by the Section. The Ministry of Education, with inputs provided by HRTJS, included issues of citizenship, civic education and human rights on the curriculum for grades 7 to 9. Steps were taken towards achieving accountability for crimes committed during the 2006 crisis. All cases recommended for prosecution by the United Nations Independent Special Commission of Inquiry have been taken up for investigation. By December 2010, trials in seven cases had been completed, including four in 2010. OHCHR funds the international prosecutor working on the Commission of Inquiry cases.
Timorese celebrate International Day of Peace, September 2010.
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Justice and accountability mechanisms (EA3) u Draft legislation on a follow-up institution to the two truth mechanisms (the Commission of Reception, Truth and Reconciliation and the bilateral Timor-Leste/Indonesia Commission of Truth and Friendship) was discussed in Parliament. The draft benefitted from input and technical advice given by the HRTJS when it participated in the Working Group that produced the concept paper used as the basis for the draft legislation. u National police disciplinary mechanisms are functioning and the volume of cases processed and the quality of the processes have improved. The Section contributed to this result by working to improve the knowledge and capacity of the police and by providing technical advice. Training manuals on gender-based violence were also produced by the HRTJS for the use of national police. u The National Commission on the Rights of the Child established itself as a recognized institution for promoting the rights of children. During 2010, it held nationwide consultations with children aged six to 18, consultations with the Youth Parliament and also sponsored events to advocate for children's rights, which attracted considerable participation from Government and political actors. The HRTJS actively supported the Commission through training sessions and provided advice on relevant human rights standards. State engagement with human rights mechanisms (EA6) u The Government of Timor-Leste is in the process of preparing its UPR submission, due to be reviewed in October 2011. The HRTJS contributed to the process by increasing the knowledge and capacity of the 25 appointed human rights focal points in charge of the preparation of the State report and by developing guidelines on reporting that were translated into Tetum. Human rights mainstreaming within the United Nations (EA11) u Under the co-leadership of the HRTJS, the Protection Cluster established a mechanism to coordinate activities during disaster response at national level for the protection of vulnerable groups, in particular women and persons with disabilities.
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Š OHCHR
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
A secondary school human rights club created by the Human Rights and Transitional Justice Section in Timor-Leste.
Challenges and lessons learned A serious challenge in Timor-Leste is the high level of youth involvement in violence. This led the HRTJS to develop a pilot project to create sustainable human rights clubs in secondary schools. Two clubs were created in two different regions of the country and the HRTJS has observed improvements in both knowledge levels and enthusiasm for human rights amongst its members, who have created songs, dramas, poems and original compositions in their local languages, and through activities and discussions identified human rights concerns in their local communities. In 2011, club members will prepare a human rights campaign about a topic relevant to their community. Two more human rights clubs are planned for different regions of the country.
Human Rights Advisers to UN Offices and Country Teams Papua New Guinea Year established
2008
Staff as of 31 December 2010
1
Background Papua New Guinea has constitutional protection for human rights and has ratified the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the
OHCHR IN THE FIELD: ASIA AND THE PACIFIC
Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, it has not yet established a national human rights institution. In spite of the protective legal framework that exists in the country, a number of human rights issues remain of concern, including impunity, violence against women, land and property rights and economic, social and cultural rights. This is compounded by a lack of awareness of human rights concepts in the country, and access to the formal justice system is limited. OHCHR has maintained a Human Rights Adviser (HRA) to the UN Country Team in Papua New Guinea since January 2008, to help build the capacity of the Resident Coordinator and the Country Team in developing strategies to support the strengthening of national protection systems. The HRA’s priorities include assisting the UNCT in integrating human rights principles into United Nations programming; strengthening the engagement of the Government, the UNCT and civil society with international human rights mechanisms; and providing technical support for the establishment of a national human rights institution. The HRA is closely supported by the Regional Office for the Pacific in Suva.
Results National laws, policies and institutions (EA1) u With technical assistance from the HRA, legal instructions for setting up a national human rights institution were drafted and signed by the Minister of Justice and the Minister of Community Development. These instructions were submitted to the National Executive Council for approval. u The HRA contributed to the development of a baseline study on the police force’s prevention of and response to gender-based violence, which is part of a joint project between the United Nations and the Royal Papua New Guinea Constabulary. Access to justice and basic services (EA4) u The HRA coordinated a mission undertaken by an OHCHR delegation to Port Moresby, Goroka, Madang and Lae to hold consultations with relevant Government officials and civil society organizations on the right to adequate housing. In each city, workshops were held to introduce stakeholders to international standards on the matter and consultations with victims of forced evictions were carried out. The findings of the mission will be included in a proposal for a UNCT programme on forced evictions and the right to adequate housing for 2011 onwards.
State engagement with human rights mechanisms (EA6) u The first visit since 1995 by a special procedures mandate-holder, the Special Rapporteur on torture, to Papua New Guinea resulted in an increased awareness amongst the authorities of their obligation to prosecute perpetrators of torture. Following the visit, the HRA organized a workshop on human rights and prisons for prison officials, at the request of Papua New Guinea’s Correctional Services, in order to provide technical assistance to facilitate the implementation of the Special Rapporteur’s recommendations. u In July, the Committee on the Elimination of Discrimination against Women (CEDAW) provided detailed guidance to the Government on actions necessary for improving the protection of women's rights in Papua New Guinea. Information for the Committee’s review was provided by the UNCT, civil society organizations and the Government, with support from the HRA. u The HRA contributed to the strengthening of the capacity of civil society organizations by, inter alia, conducting training sessions on monitoring, documenting and reporting on human rights violations. Human rights mainstreaming within the United Nations (EA11) u The UNCT integrated human rights concerns into its MDG campaign with the advice of the HRA. The HRA also facilitated the preparation and submission of the UNCT joint report for the UPR review of Papua New Guinea, which will take place in 2011.
Challenges and lessons learned The most critical factors that affected the performance of OHCHR in Papua New Guinea were the size of its presence in the face of serious human rights challenges and the reduced number and capacity of local NGOs or civil society organizations focused on human rights issues. In addressing the first challenge, the HRA has benefited from the support of headquarters and the Regional Office for the Pacific, which have provided expertise and conducted missions to increase the capacity of the presence in the country to address the numerous human rights concerns. Regarding the second challenge, emphasis has been placed on strengthening the skills of existing actors to promote and protect human rights on the ground.
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Results
Sri Lanka Year established Staff as of 31 December 2010
2004 4
Background The first year following the end of the 26-year armed conflict in Sri Lanka was marked by presidential and parliamentary elections and the large-scale resettlement of internally displaced persons (IDPs). New initiatives were put in place to promote accountability and reconciliation, including the establishment of the Government’s Lessons Learnt and Reconciliation Commission and the appointment of a Panel of Experts by the UN Secretary-General. Although the overall situation is slowly improving for IDPs in the north, with improved freedom of movement and better access to livelihoods (most notably in fishing and farming), those who have returned to their place of origin continue to face significant challenges, including a sense of insecurity and a lack of adequate access to rights and services. Housing and property issues as well as economic and livelihood opportunities remained a major challenge. Out of the original 12,000 “surrendees” suspected of involvement with the Liberation Tigers of Tamil Eelam (LTTE), 4,619 remained in detention at “rehabilitation centres” at the time of this report and their legal status remained unclear. OHCHR has maintained a Senior Human Rights Adviser (SHRA) in the UN Country Team in Sri Lanka since June 2004. The Adviser’s main role is to support the United Nations Resident Coordinator and United Nations agencies in their activities to protect human rights and to strengthen the human rights protection capacity of Government partners, national institutions and civil society.
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National laws, policies and institutions (EA1) By providing guidance on the process and best practices, the SHRA contributed to the development of the first draft of the National Human Rights Action Plan, which was one of the Government's UPR commitments. u The SHRA continued to provide technical support to the UN Joint Programme on Human Rights, with a particular focus on the project aimed at strengthening the Human Rights Commission, both at central and regional levels. u
State engagement with human rights mechanisms (EA6) u The UNCT submitted various reports to human rights bodies, including the Committee on the Elimination of Discrimination against Women (CEDAW), with the support of the SHRA. Human rights mainstreaming within the United Nations (EA11) u The SHRA continued to support the UNCT in dealing with the important protection challenges that resulted from the humanitarian crisis in 2009.
Challenges and lessons learned Engagement in technical cooperation activities with the Government was stalled for most of the year because of the presidential and parliamentary elections that took place in the first months of 2010. Further activities were delayed thereafter due to a reshuffling of Cabinet ministers and portfolios which, among other changes, caused the loss of a Government focal point on human rights. The Human Rights Commission of Sri Lanka also remained without commissioners throughout 2010. In 2011 there will hopefully be opportunities to engage with new Government interlocutors to ensure solid collaboration on human rights issues.
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
OHCHR in the field: Europe and Central Asia
Type of presence
Location
Stand-alone office
l
Kosovo***
Regional office
l
Central Asia (Bishkek, Kyrgyz Republic)
l
Europe (Brussels, Belgium)
l
Albania**
l
Republic of Moldova
l
Russian Federation
l
Serbia
l
South Caucasus (based in Tbilisi, covering Georgia, Azerbaijan and Armenia)
l
Tajikistan
l
The former Yugoslav Republic of Macedonia
l
Ukraine*
Human rights advisers to UN Country Teams
* Planned for 2011 ** Closed in 2010 *** Reference to Kosovo should be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo
The Europe and Central Asia Section covers 49 countries, among them the European Union member and associated countries, the Russian Federation, the countries of the Commonwealth of Independent States, Turkey and South Caucasus, and the five countries of Central Asia. The region also includes five disputed territories, which continue to present particular difficulties in terms of human rights protection. During 2010, OHCHR maintained 11 field presences in Europe and Central Asia: two regional offices (Bishkek, Brussels), one stand-alone office (Pristina), a mission in the south of Kyrgyzstan and six human rights advisers (Belgrade, Chisinau, Dushanbe, Moscow, Skopije, Tbilisi and Tirana). The Human Rights Adviser in Tajikistan started to work in April 2010. The post of the Human Rights Adviser in Albania was discontinued in November 2010 after successful completion of the work programme over the course of an 18-month assignment. A new human rights adviser will be deployed in Ukraine in 2011. A team of 13 staff members from headquarters followed areas of concern across the region and
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provided substantive support to the High Commissioner and UN country teams, human rights mechanisms (including the UPR), as well as substantive and administrative support to the field presences. In 2010, the Europe and Central Asia Section focused on further strengthening and consolidating the field presences in the region, all but one of which have been established within the last five years. Cooperation with regional organizations such as the Council of Europe, the European Union and the Organisation of Security and Cooperation in Europe was strengthened both with regard to thematic issues and country situations. Closer cooperation and coordination was achieved with UN departments, agencies and programmes such as the Department of Political Affairs, UNDP and UNHCR. Within OHCHR, the Section paid particular attention to developing coherent and coordinated interaction with other parts of the Office, such as the Human Rights Council and Special Procedures Division, the Human Rights Treaties Division and the Research and Right to Development Division. Throughout the Europe and Central Asia region, both in the field and at headquarters, special focus was given to the UPR process, including follow-up to recommendations in close cooperation with UN country teams and other relevant partners in particular in the area of rule of law.
Stand-alone Office Kosovo3 Year established
1998
Staff as of 31 December 2010
5
Expenditure in 2010
US$618,516
Background The 2010 political and legal situation in Kosovo remained complex. Kosovo is formally still a UN-administered territory but the UN interim administration’s (UNMIK) ability to fulfill its mandate has been significantly reduced. Following an opinion issued by the International Court of Justice in July, the General Assembly adopted a resolution calling on the European Union (EU) to mediate in any future dialogue between Serbia and Kosovo. The release in December of a draft report by a Council of Europe Parliamentary Assembly Rapporteur on 3
allegations of abductions and trafficking in organs and human beings during the conflict substantially increased the focus on justice and impunity. The key challenges of weak governance and rule of law, unresolved violations from the 1998/99 conflict and its aftermath and discrimination (particularly against members of minority groups) remained. OHCHR-Kosovo’s primary role is to represent the UN human rights protection system, monitor human rights, and support UN agencies, Kosovo institutions and other international presences with technical assistance.
Results National laws, policies and institutions (EA1) A Memorandum of Understanding (MoU) between civil society and the Ombudsperson was finalized in December, with the help of the Office’s liaison efforts. Expected to be signed in 2011, this MoU represents an important step forward in the setting up of a torture prevention mechanism in Kosovo. u The Office provided technical advice for the new Law on the Ombudsperson, which improved its compliance with the Paris Principles through, among other things, the inclusion of a reference to diversity/plurality among senior officials. u
Engagement with human rights mechanisms (EA6) u The Government acted on two key outstanding recommendations from special procedures: the last internally displaced persons (IDP) camp seriously affected by lead poisoning was closed in October and the human rights consequences of failed asylum seekers and other immigrants who experienced forced return were mitigated, for example, with increased resources being made available to improve the conditions upon reception. These initiatives were the results of multiple advocacy efforts or inputs from the Office, as well from other UN agencies, EU offices and the Council of Europe. OHCHR-Kosovo’s advocacy also led to these and other issues being registered as priorities in the European Commission’s agenda-setting reports. u The Government finalized a report to the Committee on the Rights of the Child (CRC) in December and expressed particular interest in the human rights indicators presented to them that month. The report was forwarded to the Committee by UNMIK in early 2011.
Reference to Kosovo should be understood in full compliance with United Nations Security Council resolution 1244 and without prejudice to the status of Kosovo.
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© OSCE/Shehida Miftari
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
Children at a primary school in Kosovo.
Human rights mainstreaming within the United Nations (EA11) u The draft Common Development Plan (CDP) for the UN agencies in Kosovo for the period 2011-2015 included substantial references to human rights and mainstreaming. This came about following the training of UN agency staff on human rights-based approach as well as OHCHR-Kosovo’s participation in the discussions concerning the CDP and the drafting of the Plan. The CDP was finalized early in 2011. u UNMIK has a Human Rights Advisory Panel (HRAP) which is mandated to issue findings and recommendations on alleged human rights violations which occurred under UNMIK’s mandate up until March 2010. With OHCHR-Kosovo’s advocacy and support, HRAP membership stabilized and its secretariat was able to operate more smoothly. By the end of the year, 78 opinions had been issued, compared to 32 in 2008, and the caseload stood at 455. u OHCHR-Kosovo led the creation of a human rights and gender element of the UN Integrated Strategic Framework, linking the work of UNMIK and the UN agencies, which will contribute to the further integration of human rights standards from 2011 onwards.
Challenges and lessons learned The contested status of Kosovo remains the principal challenge for the work in Kosovo. OHCHR-Kosovo has advocated for the “de-politicization” of human rights-related issues and the pragmatic application of the United Nations policy of “status-neutrality” in order to ensure that processes, such as the delivery of reports to United Nations treaty bodies, could move forward.
Kosovo: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
385,868
Consultants
-
3,212
Official travel
-
17,200
Contractual services
-
31,100
General operating expenses
-
55,597
Supplies & materials
-
15,082
Seminars, grants & contributions
-
39,300
Subtotal
-
547,359 71,157
Programme support costs GRAND TOTAL
-
618,516
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193
© UN Photo/EPA
Uzbek women and children flee violent clashes in Osh, Kyrgyzstan.
Regional Offices Regional Office for Central Asia (Bishkek, Kyrgyz Republic) Year established
2008
Staff as of 31 December 2010
5
Expenditure in 2010
US$1,002,312
Background The Regional Office for Central Asia (ROCA) offers its services to Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. These five countries present a range of economic, social and political situations which all impact on the enjoyment of human rights. The protection of human rights and fundamental freedoms is hampered by geopolitical tensions; neighbouring terrorism and extremism; widespread corruption as well as nepotism; legislation not in line with international human rights standards; and weak judicial systems and national human rights institutions (NHRIs). The Regional Office, which is based in Bishkek, continues to operate in accordance with the Memorandum of Understanding (MoU) signed with the Kyrgyz authorities in June 2008. ROCA works primarily in Kazakhstan, Kyrgyzstan and Tajikistan, but also provides technical assistance to a joint
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EU/UNDP/OHCHR project in Turkmenistan on strengthening the national capacity of Turkmenistan to promote and protect human rights. With the objective of protecting and promoting human rights law and practice, ROCA worked to strengthen the capacities of governments, NHRIs, civil society organizations and UN country teams, as well as the broader international community. In Kyrgyzstan, the monitoring and reporting capacity of OHCHR was reinforced by the deployment of the OHCHR Mission to Osh in August 2010 in response to the inter-ethnic violence that took place in Osh and Jalal-Abad in June of the same year.
Results National laws, policies and institutions (EA1) The new Kyrgyz Constitution adopted on 27 June reflected legal commentaries on human rights provided by ROCA in cooperation with UNDP and Freedom House Kyrgyzstan. u The Ombudsmans’ institutions in Kyrgyzstan, Kazakhstan and Tajikistan increased their capacity through various training sessions and consultations with ROCA. In Kyrgyzstan, a manual on reviewing individual complaints was developed within the joint UN project to support the Ombudsman Institution. In Kazakhstan, the Ombudsman’s office made progress in establishing a National Preventive Mechanism to monitor all places of detention. In Tajikistan, the u
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
u
Ombudsman’s institution developed its structural framework and staff capacity. In Kyrgyzstan, ROCA also supported and contributed to a series of roundtables and consultations organized by the Presidential Administration on the preparation of a draft concept on ethnic development and consolidation. This initiative was pursued in the aftermath of the June inter-ethnic violence in Osh and Jalal-Abad. The draft concept is scheduled to be before Parliament in June 2011.
Ratification (EA2) u In September 2010, following active promotion by ROCA, Kazakhstan signed the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Awareness of this instrument among State bodies, civil society and rights-holders grew in Kazakhstan and Tajikistan, with NGOs and human rights defenders increasingly referring to it in their advocacy work. u In December 2010, Kyrgyzstan completed its ratification process of the Second Optional Protocol to the International Covenant on Civil and Political Rights (OP2-ICCPR) by depositing the ratification document with the UN Secretary-General. u Turkmenistan ratified the Optional Protocol to the Convention on Rights of Persons with Disabilities (OP-ICCPR) in November 2010, following consultations and awareness-raising sessions undertaken by OHCHR through the EU/UNDP/OHCHR project. Justice and accountability mechanisms (EA3) u Following the adoption of the new Constitution in Kyrgyzstan in June, the Interim Ministry of Justice included a revised draft law on the National Preventive Mechanism into the list of priority legislative acts to be submitted for consideration. A ROCA-funded national legal expert participated in both the initial draft and the review processes. The draft law is awaiting formal submission for Parliament’s consideration and forms part of Kyrgyzstan’s obligations to implement the Optional Protocol to the Convention against Torture (OPCAT). Participation (EA5) u Alternative laws on freedom of assembly and of religion were drafted as part of a legal reform initiated by the Interim Ministry of Justice after the adoption of the new Constitution. These drafts were prepared by the NGO Open Viewpoint with the support of ROCA.
u
ROCA monitored and intervened on a number of high-profile cases of human rights defenders. Its advocacy and political intervention with national authorities, in particular with regard to the cases in Kyrgyzstan, ensured the additional visibility of human rights defenders under threat and resulted in greater protection.
State engagement with human rights mechanisms (EA6) u Despite the political upheavals in April, the Interim Government of Kyrgyzstan participated in the UPR review in May and again in the follow-up session in August. ROCA played an instrumental role in assisting the Kyrgyz authorities in their preparation for the review; in facilitating dialogue between State officials and NGOs; in coordinating a UNCT Kyrgyzstan submission to the UN report; and in increasing the Interim Government’s understanding of the UPR process and the implementation of accepted recommendations. u In December 2010, Tajikistan submitted two reports to the human rights treaty bodies: its second periodic report to the Committee against Torture (CAT) and its initial report to the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families (CMW). Both reports were prepared with substantive guidance from the Office through discussions on the drafts. u In Kazakhstan, ROCA initiated a follow-up visit by the UN Special Rapporteur on torture in order to discuss the implementation of his recommendations. In Kyrgyzstan, together with the Ministry of Labour, Employment and Migration, ROCA organized a presentation of the 2009 Mission Report of the UN Special Rapporteur on violence against women. Civil society engagement with human rights mechanisms (EA7) u With ROCA’s support, shadow reports were submitted to the Committee on Economic, Social and Cultural Rights (CESCR) and individual communications were sent to the UN Special Rapporteur on adequate housing, from civil society in Kazakhstan and Tajikistan. Human rights mainstreaming within the United Nations (EA11) u Following the June inter-ethnic violence in Kyrgyzstan, OHCHR led the Sub-Cluster on Human Rights Protection, ensuring that human rights were mainstreamed into the emergency response of the international community. OHCHR also represents the UN system as the co-Chair of the Working Group on Reconciliation, Conflict
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Prevention and Peacebuilding under the Development Partners Coordination Committee. ROCA raised awareness in the UNCTs on human rights standards and the UPR process. In Kyrgyzstan, the draft United Nations Development Assistance Framework (UNDAF) incorporated human rights mainstreaming, and in Tajikistan, a Human Rights Adviser was deployed in April 2010 to mainstream human rights into the UNCT’s work.
Challenges and lessons learned In Kyrgyzstan, following the political upheaval in April and the inter-ethnic violence in June, ROCA worked with Headquarters to establish a response to
the evolving human rights crisis in the country. As a result, resources and individual capacities were reallocated. Some planned activities in Kazakhstan and Kyrgyzstan were cancelled or postponed until the second half of the year, while new activities were planned and implemented as a response to the crisis situation in Kyrgyzstan. In terms of responding to the situation on the ground, ROCA’s presence in Bishkek and the links it had formed with the UNCT proved extremely helpful. It meant that OHCHR’s role in a humanitarian crisis, as well as the importance of addressing human rights concerns, was already well-established. This ensured that a human rights-based approach was integrated into
OHCHR Mission to Osh (OMO), Kyrgyz Republic Background The June inter-ethnic violence between ethnic Kyrgyz and ethnic Uzbek communities in Osh and Jalal-Abad reportedly resulted in at least 426 deaths, the destruction of buildings and property and mass displacement. During the violence and in its aftermath, OHCHR received reports of serious human rights violations including torture and ill-treatment, arbitrary detention, unfair trials, extortion and the failure to provide effective remedies. In July 2010, OHCHR deployed a mission to Osh, the centre of the violence. The mission focused on monitoring and reporting on the human rights situation and providing protection to victims and individuals at risk of violations, including in relation to trials, arbitrary detention and unlawful searches. The mission supported civil society organizations that provided legal assistance to victims. It worked as a component of the broader humanitarian response by leading the Human Rights Sub-Cluster and promoting a human rights-based approach to emergency response. Results The Mission’s presence and visibility in the cities of Osh and Jalal-Abad allowed human rights officers to
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intervene directly when individuals were at risk of human rights violations. The Mission operated a 24-hour telephone hotline, receiving calls from individuals requesting advice or intervention, and receiving alerts about ongoing human rights violations. This was particularly important in cases of arrest or detention where OMO managed to ascertain the whereabouts of detainees, provided them with lawyers through working with local NGOs, and provided advice and information to families. The Mission referred victims of human rights violations to relevant humanitarian actors for assistance (for example, medical assistance) if needed. Monitoring was closely related to the above interventions. Over 400 cases were recorded in a database, through which OMO analyzed trends, documented individual human rights violations, and provided information on general trends to humanitarian actors and national counterparts. The information was shared through active engagement with the cluster system. OMO found that trials related to defendants accused of involvement in the June 2010 violence failed to uphold basic standards for fair trial, both in courts of first and second
instance. Violations included allegations of torture and ill-treatment; inadequate access to lawyers and family members; inadequate access to medical care and the failure of the authorities to prevent physical attacks. A number of critical human rights issues have been identified and, on this basis, areas of assistance have been designed with a view to supporting the Government in fulfilling its human rights obligations. Challenges and lessons learned Active participation by OHCHR in the cluster system was essential for ensuring human rights considerations are part of the humanitarian response, and that humanitarian actors adopt a human rights-based approach. This led to a more comprehensive and sustainable response to the crisis. In southern Kyrgyzstan, the fragile security situation was a key challenge in conducting OMO’s work. This was particularly the case in relation to protection by presence and monitoring activities. The deployment of a security officer was an effective way of addressing some of the security challenges, and the visit of a UNICEF staff psychologist in October was helpful in assisting the work of UN staff.
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
the humanitarian response. Another crucial element in the response was the feedback the Office received from the network of human rights defenders, journalists and individuals in the affected areas, as well as from contacts within the authorities – all of whom provided factual documentation on the situation.
Regional Office for Central Asia (Bishkek, Kyrgyz Republic): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
322,393
160,213
Consultants
11,700
6,565
Official travel
15,143
51,725
4,800
27,100
42,000
71,550
8,200
8,050
31,789
175,936
436,025
501,139
-
65,148
436,025
566,287
Personnel and related costs
Contractual services General operating expenses Supplies & materials Seminars, grants & contributions Subtotal Programme support costs GRAND TOTAL
Regional Office for Europe (Brussels, Belgium) Year established
2009
Staff as of 31 December 2010
3
Expenditure in 2010
US$1,432,238
care centres; weaknesses in the administration of justice; and unsatisfactory child protection systems. In addition to these long-existing challenges, new issues are emerging, such as the compatibility of increased security levels with international human rights obligations. The first year of the Regional Office's existence coincided with dynamic developments within the EU following the entry into force of its Lisbon Treaty. This Treaty has increased the EU's competences in several policy areas - such as migration and administration of justice - and provided the EU with a Charter of Fundamental Rights. Particularly relevant has been the increasing engagement with the European Union Agency for Fundamental Rights and also with the Council of Europe on thematic areas of shared interest and concern including the situation of migrants; the situation of Roma; the rights of the child; violence against women and persons with disabilities.
Results National laws, policies and institutions (EA1) A new EU Directive on trafficking included several comments made by the Regional Office – formed in consultation with UNHCR, UN Women, the International Labour Organization (ILO), UNODC and UNICEF – aimed at increasing its compliance with international standards. The Directive took into account standards on access to legal aid; gender perspective; non-prosecution of victims and the inclusion of victims of torture as particularly vulnerable persons. u As a result of inputs from the Regional Office, formed in consultation with UNICEF and UNHCR, the European Commission (EC) Action Plan on u
Background
The key human rights challenges for European States – both inside and outside the EU – include the rights of migrants; discrimination against ethnic minorities; accessibility for people with disabilities; protection for victims of trafficking; violence against women; substandard conditions in places of detention and
© OHCHR
The Regional Office for Europe (ROE), based in Brussels, follows developments in human rights in all European countries. It also liaises with the European Union (EU), advising on its internal and external policies to increase compliance with, and awareness of, international standards. Furthermore, it promotes the implementation of recommendations by human rights mechanisms and facilitates dialogue between the mechanisms and EU institutions. Inaugurated in October 2009, ROE is currently fully staffed and functional.
The High Commissioner meets Roma people during her visit to Italy, March 2010.
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Unaccompanied Minors (2010-2014) was substantially based on provisions from the Convention on the Rights of the Child (CRC) and its General Comment No. 6. The best interests of the child should now be the primary consideration in all action taken by public authorities. Following the Regional Office’s advocacy, the EC proposal for a directive on the right to information in criminal proceedings included a “non-regression clause” according to which no rights and procedural safeguards under the International Covenant on Civil and Political Rights (ICCPR) and under other relevant provisions of international law can be limited.
Ratification (EA2) u On 23 December 2010, the EU ratified the Convention on the Rights of Persons with Disabilities (CRPD), becoming the first intergovernmental organization ever to join a UN human rights treaty. u The organization of a Legal Colloquium on the protection of the rights of migrant domestic workers; the launching of a thematic publication on the relevance of the provisions in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) in bridging the gaps for the protection of migrant’s rights in the EU and its Member States; and a dialogue at the European Parliament (EP) on the occasion of the 10th anniversary of the Convention all contributed to an increasing number of proposals in the European Parliament calling for the ratification of the Convention in proposed legislation and policy on migration. State engagement with human rights mechanisms (EA6) EU institutions’ engagement with human rights treaty bodies and special procedures increased throughout the year: u The Regional Office supported the visits of seven special procedures mandate-holders to Brussels. The mandate-holders met with stakeholders and spoke at key EU events. Some mandate-holders were also invited to participate in legislative processes. For example, the Special Rapporteur on violence against women (VAW) was invited to participate in high-level ministerial conferences in Brussels that looked at ways of strategically addressing VAW. The Special Representative of the Secretary-General on violence against children contributed to the EC strategy on children, and the Special Rapporteur on the sale
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u
u
of children contributed to a draft EU directive on the sexual exploitation of children. For the first time, the annual meeting of treaty body chairpersons was held in Brussels, hosted by the Regional Office. The meeting helped to improve the knowledge of Brussels-based institutions and organizations on the mandate and work of the treaty bodies, and provided a forum for discussions with the EU and the European Court for Human Rights. Following this initiative, two chairpersons were invited to participate in high-level meetings and conferences on EU policies, while the Regional Office was repeatedly contacted by technical units in the EC and the EP to provide relevant concluding observations and general comments in a number of thematic areas. These areas included procedural rights, VAW, the rights of the child, the rights of persons with disabilities, and trafficking. A UPR briefing was carried out in Ljubljana, Slovenia for representatives of governments, national human rights institutions and civil society organizations from 11 countries of the region scheduled for review in the last session of 2010 and during 2011. The organization of this briefing proved a success since participants shared ideas for strengthening cooperation between stakeholders to make the UPR an inclusive process; and a number of bilateral contacts and exchanges to prepare for the review were made, as facilitated by the Regional Office.
Human rights mainstreaming within the United Nations (EA11) u The Regional Office has established good working relations with the UN Team in Brussels (UNBT), participating in regular group meetings, retreats and high-level UN/EU meetings. The Regional Office works to strengthen the policy advocacy element of the UNBT, which so far has resulted in a human rights perspective being introduced to the UNBT joint policy advocacy for the MDG Summit, the new EU development policy and the EU 2020 strategy.
Challenges and lessons learned The entry into force of the Lisbon Treaty and of the Charter of Fundamental Rights opened new opportunities for UN policy advice and advocacy work. The Regional Office had to re-asses the priority areas for research and engagement, but by strengthening this capacity, OHCHR, in cooperation with other members of the UNBT, was able to contribute substantively to regional legislative and policy processes.
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
Organizing the annual meeting of treaty body chairpersons in Brussels was a great opportunity to make the work of the various committees better known within the EU institutions. It also helped in stressing the importance of finding synergies between the existing wealth of practices in EU Member States related to the international human rights system and the efforts at the EU level in the respective areas of competence. The importance of strengthening compliance between EU policy and legislation with international human rights standards was effectively demonstrated. This was the first time such a meeting took place outside of Geneva. Considering the fruitful nature of the experience it might be useful to repeat it in other regions in the future.
Regional Office for Europe (Brussels, Belgium): Expenditure in 2010 Regular budget expenditure in US$ Personnel and related costs Consultants Official travel
Extrabudgetary expenditure in US$
721,070
-
-
108,898
7,800
46,560
-
61,200
General operating expenses
67,000
54,041
Supplies & materials
32,590
19,800
Seminars, grants & contributions
60,000
190,720
888,460
481,219
-
62,559
888,460
543,778
Contractual services
Subtotal Programme support costs GRAND TOTAL
‘Mad’ human rights activist becomes member of the Committee on the Rights of Persons with Disabilities
Gábor’s activism grew out of his own experiences with practices that violate the human rights of users of mental health services. As a defender, he has consistently argued that “mental illness” can no longer be seen as a blanket justification for subjecting persons to something that would be readily recognized as a human rights violation if it happened to anyone else. In his work, Gábor has highlighted a broad range of concrete human rights problems, from degrading conditions in psychiatric institutions and the use
should itself be seen as a violation of this article.”
© OHCHR/Brussels
“They all must have gone totally mad! Do they really want a mad person to serve on the UN Committee on the Rights of Persons with Disabilities?” This was Gábor Gombos’ comment on his election as member of the UN Convention on the Rights of Persons with Disabilities (CRPD) by the State Parties to the Convention. A Hungarian researcher in physics, he experienced first-hand some of the human rights violations occurring in psychiatric wards.
of forced treatment and restrictive measures (cage beds, sedation by powerful drugs) to deprivation of liberty and legal capacity involved in institutional care. “With the CRPD, we now have a real instrument to address some of these issues,” says Gábor. “For instance, article 19 of the CRPD lays down the right to live in the community with choices equal to others. If persons with mental health problems get no choice other than placement in a closed institution, where they are isolated from the community, it
In October 2010, Gábor participated in an international seminar organized by the Regional Office for Europe, which focused on the “Forgotten Europeans” who linger in closed institutions. These are persons with mental health problems or other disabilities, adults, including the elderly, and children, for whom institutionalization is particularly damaging. But there is hope. On 23 December 2010, the EU became the first regional organization ever to join a UN human rights treaty when it ratified the CRPD. All EU Member States have signed the Convention, and more than half of them have ratified it. This provides a solid legal basis for renewed action to protect the rights of the “Forgotten Europeans”, who, like Gábor, can be deemed too mad to live in the community but not too mad to serve on a UN human rights committee.
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OSCE, the HRA also contributed to the drafting of sub-legislation on the operation of the Office of the Anti-Discrimination Commissioner, which was submitted to the Commissioner in August 2010. The sub-legislation has not yet been adopted.
Human Rights Advisers to UN Offices and Country Teams Albania Year established
2009
Year discontinued
2010
Staff as of 31 December 2010
0
Background Albania continued to make progress towards European Union (EU) integration in 2010, although it has had to confront reduced growth due to the economic crisis and a continued political crisis with the Opposition Socialist Party boycotting certain activities in Parliament. The adoption of a comprehensive Law on Protection from Discrimination in 2010 and the appointment of the Anti-Discrimination Commissioner were significant positive steps. However, ending discrimination against women, Roma, Egyptians, persons with disabilities, persons of different sexual orientation and other groups requires the implementation of the Law. Other positive steps include the rise in women reporting cases of domestic violence to the police and the improved status that Albania now enjoys on the Reporters without Borders press freedom index. Albania did not attain its candidacy status for EU integration in 2010, partly due to the need for improvements to be made in its political and human rights performance. In May 2009, OHCHR deployed an international Human Rights Adviser (HRA) to Albania to provide strategic advice on human rights-based social inclusion policies and programmes to the Resident Coordinator, the UNCT and national partners as well as to provide direct support to projects at the national and field level on a variety of social and economic issues. The deployment took place in the context of the UN’s Delivering as One pilot project in Albania. The HRA position was discontinued in 2010 after the successful completion of the work programme.
Results National laws, policies and institutions (EA1) u An Anti-Discrimination Law in compliance with United Nations and European Commission standards – drafted with the HRA’s assistance together with the Organization for Security and Cooperation in Europe (OSCE) and civil society – was adopted by Parliament. Together with the
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Ratification (EA2) Significant steps were taken to encourage the Government to ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol. The HRA assisted UNDP in establishing a programme to support ratification, focusing on law and institutional reforms and improving the accessibility of Government buildings. The HRA also worked on improving the knowledge and advocacy capacity of civil society on the Convention on the Rights of Persons with Disabilities (CRPD).
u
State engagement with human rights mechanisms (EA6) u The HRA worked with the Government to encourage the acceptance of a visit to Albania by the Special Rapporteur (SR) on Extrajudicial Killings and supported the mission when the visit took place in February 2010. A preliminary report by the SR was submitted in June 2010 and a final report should be presented in 2011. The SR’s recommendations were included in the UNCT’s response to the European Commission’s questionnaire on Albania’s candidacy status as well as in the report submitted on human rights related to the new One UN Common Country Programme 2012-2016. Civil society engagement with human rights mechanisms (EA7) u The HRA and UN Women helped to improve the knowledge of civil society on the Optional Protocol to the Committee on the Elimination of Discrimination against Women (OP-CEDAW) and its capacity to use the individual complaint mechanisms through the organization of training sessions and roundtables on the subject. Responsiveness of the international community (EA10) u Thanks to the HRA’s coordination efforts, critical human rights issues for Albania were raised in the UNCT joint submission to the Committee on Migrant Workers and in the UNCT response to the European Commission’s questionnaire on Albania’s request for EU candidacy status. The Migrant Workers Committee will use the UNCT submission to determine a list of issues to be addressed at the interactive dialogue in November 2011.
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
Human rights mainstreaming within the United Nations (EA11) u The HRA worked with UN partners to successfully promote a continued focus on the use of a human rights-based approach, particularly in three key areas: gender equality, empowering vulnerable communities, and disability rights. Anticipating the termination of the HRA position in Albania, the HRA also established a human rights mechanism in the United Nations that ensures the participation of both a human rights focal point and the OHCHR Desk Officer for Albania in each of the programme’s working groups. u The HRA hosted a civil society consultation on “Human Rights and Participation” that provided the basis for the HRA’s contribution to the drafting of the Country Analysis of the One UN Common Country Programme document. As a result, the Country Analysis finally fully integrated human rights issues. The HRA also provided additional contributions to the mainstreaming of human rights in the Common Country Programme and it is expected that the final document, to be adopted in 2011, will be rights-based.
Challenges and lessons learned Concerted effort and commitment is needed from Government actors to ensure that the Anti-Discrimination Commissioner and her Office operate effectively and that the public and private sector, as well as the Albanian public, are aware of, respect and rely upon the Law on Protection from Discrimination. The 2009 OHCHR Report on activities and results identified as a challenge a tendency for UNCT human rights work to focus primarily on women’s and children’s rights. This challenge was partially addressed in 2010. The signing of the CRPD and the adoption of the anti-discrimination law helped to expand human rights work toward combating discrimination in a broader manner. Moreover, the engagement of the International Organization for Migration (IOM) in reporting to the Migrant Workers Committee was a positive step, particularly in a country like Albania where migration plays such an important role in development. Another significant challenge is to ensure that laws and strategies are resourced and implemented and that the Government fully accepts its human rights responsibilities (including in its budgeting) and relies less on the international community in this regard. Challenges to good governance still remain,
including the imperative of establishing an independent judiciary, ensuring a professional, stable and independent civil service and lifting overly protective immunities for parliamentarians and judges. In the area of economic and social rights, trade unions are still relatively weak and universal access to healthcare is not a reality, with many Albanians foregoing healthcare due to the costs involved and because they are sometimes required to make informal payments for services. While the Government engages well with human rights bodies, including in its reporting obligations, further efforts and coordination within the Government are necessary to ensure the implementation of recommendations.
Republic of Moldova Year established
2008
Staff as of 31 December 2010
1
Background Since the elections in July 2009 and with the coalition Government in place, human rights have been a focus of Moldova's reform agenda, albeit with slow progress in some areas. The country was elected to the UN Human Rights Council in May 2010. Some improvements in areas such as freedom of the media have been observed and the climate for open debate appeared more accessible and less dominated by fear. However, key issues still needed to be resolved, including the lack of a viable anti-discrimination framework; intolerance towards ethnic, religious and sexual minorities; and broad impunity for torture and other human rights violations. Institutional improvements in major areas such as mental health care and the security services also remained unrealized. The Human Rights Adviser (HRA) works on reform and responds to human rights emergencies via the UN Resident Coordinator. The HRA also addresses human rights issues by assisting the UN Country Team, as well by working with the Government, the national human rights institution (NHRI) and civil society partners.
Results National laws, policies and institutions (EA1) Two amicus curiae briefs, drafted by the HRA and submitted by the UN Resident Coordinator’s office, were instrumental in the rulings of the Supreme Court. In the first case, the LGBT community’s right to assembly in support of the
u
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© OHCHR/Moldova
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
Members of the LGBT community in Chisinau, Moldova demonstrating in support of the draft anti-discrimination law.
u
u
draft anti-discrimination law was vindicated. In the second case, a call for a referendum on mandatory education in the public school system on Orthodox Christianity was ruled to be in contravention of domestic and international law. In November 2009, the UN Committee against Torture (CAT) issued recommendations for Moldova to amend the legal basis for the coercive treatment of persons with tuberculosis. On the background of this, in March 2010, the Ministry of Health, in collaboration with the UN Resident Coordinator, established a Human Rights and Health Working Group to examine policy, law and practice in four key health areas, namely HIV/AIDS, tuberculosis, sexual and reproductive health, and mental health. This Group has achieved a breakthrough because the need for human rights change in the health care system has been acknowledged. The Government released a draft anti-discrimination bill in August 2010 for comments. The HRA mobilized and led UN-Moldova’s inputs to the draft, which resulted in the Ministry of Justice committing to incorporating UN comments into the new draft bill, which will hopefully be approved during 2011.
Ratification (EA2) u The Government of Moldova ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 21 September 2010. This came about following numerous consultations between the Government and the UN Resident Coordinator’s office, the HRA, UNICEF, UNDP, the International Labour Organization (ILO) and UNFPA. The HRA drafted various expert memoranda to answer substantive issues raised by
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Government interlocutors during this process. The HRA’s inputs to the Government, civil society, the NHRI and UNCT also helped to bring into focus key thematic issues for treaty implementation. Participation (EA5) Civil society organizations, such as women’s rights groups, LGBT organizations, Roma communities and disabilities organizations, incorporated a human rights perspective into their advocacy. The HRA provided guidance and technical advice to this end. u With the assistance of the HRA, the Centre for Human Rights filed a number of petitions with the Constitutional Court on discrimination against vulnerable people. u
State engagement with human rights mechanisms (EA6) u The Centre for Human Rights and the Parliamentary Advocates Centre acted on some of the recommendations made by the CAT in November 2009, in particular concerning the functioning of Moldova's National Preventive Mechanism (NPM). The level of access to places of detention granted to the NPM significantly improved during 2010. However, other problems remained, such as the NPM applying appropriate standards for documenting torture and related abuse in places of detention, and the timely publication of monitoring reports. u The HRA held briefing sessions for civil society and the NHRI on reporting to the Committee on Economic, Social and Cultural Rights (CESCR), with the report being submitted in May 2010.
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
Challenges and lessons learned The two amicus curiae briefs submitted by the UN Resident Coordinator were among the most effective tools deployed to date in Moldova for tackling human rights issues. The briefs, and the outcomes they helped produce, have strengthened the position of the United Nations in Moldova as a reference point for human rights law. This concept, along with those of similar guidance notes, has thus been added to the human rights tool chest of the United Nations in the country. The Human Rights and Health Working Group has turned out to be a useful platform, not only for interaction with the Government and civil society, but also for communication between UN partners.
Russian Federation Year established
2008 (formal establishment/arrival of Human Rights Adviser). Preparatory presence of a national staff; adoption of cooperation framework in August 2007.
Staff as of 4 31 December 2010
Background
Results National laws, policies and institutions (EA1) u The relationship between OHCHR and the Ombudsman’s office has strengthened since the Federal Ombudsman was granted “A” status by the International Coordinating Committee of National Human Rights Institutions. OHCHR had provided technical guidance on the actual application procedure and substantial guidance on the Paris Principles that govern the functioning of national human rights institutions. In 2010, several regions within Russia appointed their first commissioners for human rights, bringing the total number of regional ombudspersons to 59 (out of 83 regions). u Following the translation and printing of the UNICEF/UNODC Manual on Juvenile Justice Indicators, which was initiated by the HRA, a roundtable was organized by the country’s juvenile justice practitioners. The roundtable confirmed the validity of the proposed UN methodology for the Russian criminal justice system dealing with youth in conflict with the law. It also paved the way for the preparation of a country-wide meeting on juvenile justice indicators planned for 2011. u A joint project between OHCHR, the European Inter-University Centre for Human Rights and Democratization and the Russian University Consortium resulted in the establishment of a
© OHCHR/Moscow
Although progress has been achieved in the Russian Federation in terms of the rule of law, adherence to human rights and laying the basic foundations for democratic governance, there are still problems that need to be addressed and that require a strong human rights focus.
The framework for the Human Rights Adviser’s (HRA) activities in the Russian Federation centres around four key areas: the rule of law; equality and tolerance; education and information on human rights; and the mainstreaming of human rights within the UN Country Team.
The High Commissioner with professors and students of the Peoples' Friendship University of Russia, one of OHCHR's partners in the establishment of a human rights Masters programme in Russia.
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human rights Masters programme, the first of its kind in the Russian Federation. The first phase of this project has now been implemented through the development of a course curriculum for two groups of students. In addition to supporting this first phase, OHCHR facilitated the creation of an inter-university resource centre for research on human rights issues and provided the centre with equipment. Ratification (EA2) u The Convention on the Rights of Persons with Disabilities (CRPD) was signed in September 2008. In line with this, a Presidential Commission for the Promotion of the Rights of the Disabled was created in December and the Convention’s ratification is expected for 2011. OHCHR, represented by the HRA, is part of the Group of Friends of the Convention led by the UN Information Center and composed of representatives from civil society, academia, business and governmental agencies. The HRA provides technical guidance and training on an ad hoc basis, predominantly to disability rights groups and to the Group of Friends. Participation (EA5) u Eight representatives of indigenous peoples participated in the Russian component of the OHCHR Indigenous Fellowship Programme in November 2010. The HRA also actively engaged with the indigenous community by participating in a number of their activities and by disseminating the report of the Special Rapporteur on indigenous peoples. u The Public Chamber, with support of the HRA, organized a hearing on migration in connection with International Migrants Day. The discussion on migration policy legislation initiatives by human rights defenders was widely covered by the media. State engagement with human rights mechanisms (EA6) u Russia’s 6th and 7th reports under the Committee on the Elimination of Discrimination against Women (CEDAW) were reviewed at the Committee’s July 2010 session. A Government-initiated consultative group has been tasked with reviewing the latest CEDAW recommendations and developing a national plan for follow-up action. The HRA is part of the UNCT group on gender which participates as an observer in the Government’s new consultative group. Through this position, the UNCT provides technical guidance and lobbies for the implementation of CEDAW recommendations.
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Civil society engagement with human rights mechanisms (EA7) u OHCHR supported the alternative reports of three NGOs to the 6th and 7th CEDAW periodic reports by the Russian Federation. These shadow reports were presented to the CEDAW Committee session in July 2010. Human rights mainstreaming within the United Nations (EA11) u In the new setup of reduced formal coordination from January 2011, the remaining UN agencies agreed to continue to cooperate on strategic issues, both bilaterally and multilaterally. A strategy paper is being formulated to this effect (to be adopted by the UNCT in January 2011). The human rights-based approach is well known to most agencies and taken into account in the individual planning phases by each agency. It is also used for strategic issues of multilateral interest or cross-cutting themes.
Challenges and lessons learned The HRA continues to engage with national and regional authorities in the Russian Federation on the implementation of the Framework for Cooperation. Particular challenges include the systematic introduction of international standards in justice administration and the functioning of law enforcement agencies. While preparing the Russian version of the global OHCHR website, as well as the local site of the HRA’s office, the HRA compiled the information that had been gathered and translated and put it onto a CD-Rom for easy distribution to partners and at events. This practice can be seen as a useful lesson on how to maximize the potential of a project while achieving better information management.
Serbia Year established
Staff as of 31 December 2010
Office in 1996 and Human Rights Adviser in 2007 2
Background Although the overall respect for human rights in Serbia has consistently improved in recent years with the introduction of normative and institutional frameworks for the protection and promotion of human rights, further efforts are needed to ensure the implementation of adopted laws and policies.
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
The strengthening of independent institutions and regulatory bodies in Serbia, as well as the adequate application of the participation principle, are crucial challenges ahead. Through close cooperation with the UN Resident Coordinator and the UN Country Team, the Human Rights Adviser (HRA) provides support and technical cooperation to the office of the Serbian Ombudsman; works with the Ministry for Human and Minority Rights (MoHMR) to support the meaningful participation of civil society in policy development; and helps to strengthen human rights defenders in Serbia, both in their internal networks and in their dialogue with authorities.
Results National laws, policies and institutions (EA1) u In March 2010, the Serbian Ombudsman was awarded “A” status accreditation by the International Coordinating Committee of National Human Rights Institutions for its compliance with the Paris Principles. The Serbian Ombudsman estimates that around 80 per cent of its recommendations are respected and implemented by relevant institutions. However, as the remaining 20 per cent cover the most important structural issues, work remains to strengthen the Ombusdman’s capacities to ensure the implementation of all recommendations. Based on the HRA’s advice, the Resident Coordinator supported the Ombudsman's independence in relation to the Parliament and the latter is now considering revising the Parliamentary Procedures to eliminate all ambiguities in this regard. u The MoHMR has shown willingness in addressing the situation of human rights defenders. In line with this, support was provided by the Organization for Security and Cooperation in Europe (OSCE) and the HRA, who organized consultative meetings with defenders in several regions of Serbia and cooperated with the European Union in defining strategies to strengthen their networks. Ratification (EA2) u The HRA worked to strengthen the capacity of civil society organizations to advocate for the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Human rights defenders in Serbia increasingly work for the protection of economic, social and cultural rights, which is in contrast to the situation a few years ago when they focused mainly on civil and political rights. The HRA advocated for the
further strengthening of human rights defenders’ capacities to deal with economic social and cultural rights and provided support in the drafting of relevant projects. State engagement with human rights mechanisms (EA6) u Serbia’s Common Core Document (CCD) was finalized in line with the UN harmonized guidelines and submitted to OHCHR, with support from the HRA and OSCE. The document was a pilot for the on-going reform drive to increase transparency and inclusiveness in the treaty reporting process (2009-2011). More than 30 NGOs were involved in drafting the CCD, and five selected NGOs were appointed to sit in the Government’s CCD drafting team. The drafting process will serve as a best practice for the MoHMR from now on. u Serbia has fulfilled its reporting obligations to the UN treaty bodies and has recently submitted reports to the following: CAT, ICCPR, CERD, CRC (OP 1 and 2) and CEDAW. Furthermore, a working group for drafting the initial report on the implementation of ICRPD was established, with the inclusion of more than 10 organizations of persons with disabilities. u The HRA has been supporting the MoHMR mid-term review on the implementation of UPR recommendations. The findings of this review will serve as a basis for the National Human Rights Action Plan and could become a best practice in following up on human rights mechanism recommendations in general. Human rights mainstreaming within the United Nations (EA11) u Progress has been made towards a common UN position paper on support to the Ombudsman. The HRA and OHCHR staff presented a national human rights institution toolkit to the UN organizations in Serbia and provided an overview of the key themes for which the Ombudsman requires support in 2011. An analytical review of priorities for UN support is still needed. However, as a first step, all UN organizations agreed to establish a UN advisory group as a support network.
Challenges and lessons learned Government departments charged with drafting of State reports to the human rights treaty bodies face numerous obstacles in their attempts to ensure inclusiveness and transparency. Often, the reports are not considered a priority, with ensuing implications for resource allocation. Although the
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initial drafting process may benefit from a participatory approach, State officials sometimes introduce changes to drafts at the end of the process, thus undermining efforts for transparency. Suggestions have been made to establish formal procedures for drafting State reports. More guidance would be useful on how to engage civil society organizations to take part in the process, especially in situations where NGOs see their role in providing alternative reports as being sufficient.
© OHCHR/South Caucasus
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
South Caucasus (based in Tbilisi, covering Georgia, Azerbaijan and Armenia) Year established
2007
Staff as of 31 December 2010
4
Background
Human Rights Day celebration in Tbilisi, Georgia.
The region's Governments made significant efforts to improve human rights by ratifying most of the international and regional human rights treaties and making commitments to further address issues relating to the UPR and other UN human rights mechanisms. Throughout the region, human rights concerns included a lack of independent and fair judiciaries; restrictions on the freedom of expression; impunity for violations committed by law enforcement agencies; ill-treatment in detention and prisons; the situation of people affected by conflicts (in particular displaced populations); the rights of persons with disabilities; challenges in relation to labour and property rights; the right to an adequate standard of living; adequate housing and access to livelihoods for the displaced.
Results
The protracted conflicts in Abkhazia, South Ossetia and Nagorno-Karabakh remained unresolved. There is a protection gap coupled with no or very limited access by international human rights organizations to these territories, which all together has a negative impact on the rights of the affected population. The overall goal of OHCHR's presence is to assist the Governments, UN Country Teams/Resident Coordinators, national human rights institutions (NHRIs), civil society and selected professionals (e.g. lawyers and media) in strengthening national capacities to promote and protect human rights. The Human Rights Adviser (HRA) has been assisting in integrating human rights issues into political discussions, such as the international discussions that take place in Geneva, and has started to explore the possibilities for greater human rights engagement in the area’s protracted conflicts for the benefit of all people.
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National laws, policies and institutions (EA1) In Georgia, the OHCHR Manual on the Istanbul Protocol has been translated into Georgian language and widely used during the trainings led by the HRA, which had a strengthened focus on torture prevention issues. OHCHR is negotiating with the Legal Department of the State University to incorporate the issue/publication into the university’s human rights course. u In 2010, the Parliament of Georgia amended the Law on General Education, harmonising it with the Convention on the Rights of Persons with Disabilities (ICRPD) in accordance with the recommendations previously developed through cooperation between the Ministry of Education and Science and experts hired by OHCHR and UNICEF. u Following the capacity-building activities conducted by the HRA, the focus on human rights issues has strengthened in the Georgian media and knowledge of human rights instruments has increased among journalists. u The HRA continued advocacy efforts with the Government, Parliament and civil society (including media organisations in Azerbaijan) on the need to decriminalize defamation. Relevant draft laws on the decriminalization of defamation will most likely be considered in Parliament in 2011. u
Ratification (EA2) In Georgia, cooperation on issues relating to the rights of persons with disabilities increased between State actors and civil society, resulting in the better planning of governmental activities in the run up to the 2011 ratification of the ICRPD. Awareness and knowledge on the provisions of the ICRPD as well
u
OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
as mechanisms for its implementation have been strengthened among the relevant ministries and civil society actors through cooperation and training activities conducted by the HRA in 2010. State engagement with human rights mechanisms (EA6) u In Azerbaijan, the HRA has been assisting relevant stakeholders in their follow up to UPR recommendations through providing translation and disseminating information on UPR outcome. The HRA will develop practical tools aimed at mobilizing relevant actors to work together toward the effective implementation of UPR and UN human rights mechanisms recommendations. Human rights mainstreaming within the United Nations (EA11) u A human rights-based approach was applied in the main programmes of UN agencies, in particular through United Nations Development Assistance Frameworks (UNDAFs) in Georgia and Azerbaijan. Joint activities are expected in the context of UPR follow-up.
Challenges and lessons learned Governments have shown readiness to receive OHCHR assistance in the implementation of UPR recommendations. In consultations with the Office and the HRA, Governments should explore the possible establishment of implementation mechanisms such as an inter-ministerial governmental body for UPR follow-up to be led by the most relevant ministry, with strong partnership and support from the NHRI and NGOs. The UNCT could play an important role in this process by mobilizing relevant international organizations on the ground. Regional efforts could result in the provision of examples of good practice in terms of implementation and reporting by Member States in the context of the second cycle of the UPR.
Tajikistan Year established
2010
Staff as of 31 December 2010
1
its national human rights protection system and improving legislation relevant to human rights in line with the recommendations of the UN treaty bodies and special procedures. The economy of the country is heavily dependent on remittances from its migrant workers, which have decreased substantially in the last couple of years due to the world economic crisis. This has negatively affected the population, particularly vulnerable groups such as the elderly, children, persons with disabilities, minority groups, single-headed households and those living below the poverty line. The HRA works to improve awareness on economic, social, civil and political rights, and assist dialogue between rights-holders and duty-bearers to help facilitate the integration of international human rights standards into the country’s legislative framework.
Results State engagement with human rights mechanisms (EA6) u A study analysing the situation regarding the implementation of the Human Rights Committee’s views on individual cases was finalized in 2010. The study will be discussed at a national roundtable and followed by a regional event to be organized by the OHCHR Regional Office for Central Asia on the same topic in Dushanbe in 2011. u The HRA has been involved in the preparations for the UPR, assisting the process by providing advice to the Government, NGOs and the UNCT. Following the two-day workshop for representatives from the Government, NGOs and UN agencies organized in Dushanbe by the Regional Office for Central Asia in May 2010, the HRA made presentations on the UPR to the UNCT, coordinated the UNCT submission, assisted the Government UPR Working Group by inviting a UPR expert from Russia, and took part in some of the discussions on submission held by the NGOs. The three stakeholders – Government, NGOs and the UNCT – plan to hold open discussions on the prepared reports before they are finally approved for submission to the Human Rights Council.
Background In 2010, a Human Rights Adviser (HRA) was deployed to provide human rights support to the Resident Coordinator and the UN Country Team and assist the Government and civil society to develop capacities to protect and promote human rights in Tajikistan, in particular with regard to strengthening
Responsiveness of the international community (EA10) u The HRA made several proposals, aimed at improving transparency and public monitoring, to the new Donor Coordination Committee (DCC) structure. This resulted in the setting up of a civil society sector group as part of the DCC.
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Š OHCHR/Tajikistan
NGO Navstrechu zhizni (Towards Life) titled Legal Guide for Aged People, in two languages, Russian and Tajik. The guide contained commentaries on issues such as establishing trusteeship, legal heirs, the writing of wills, getting a pension and parallel employment and obligations for support within the family. Fostering efforts in the area of awareness-raising would be of importance.
The Human Rights Adviser in Tajikistan at a workshop on the Convention Against Torture.
Human rights mainstreaming within the United Nations (EA11) u The HRA provided comments and proposals to the UN-Government Working Group on the country's mid-term report on the implementation of the Millennium Development Goals (MDGs), leading to the increased integration of human rights-based approach concepts and methodologies in the report and a greater emphasis being placed on the linkage between the country's human rights treaty obligations and the MDGs. u At the initiative and with the support of the HRA, a UN Joint Programme was signed whereby nine UN agencies will be working jointly to strengthen the capacities of the recently established national human rights institution in order to enable it to better fulfill its mandate.
Challenges and lessons learned There is a need for better understanding of human rights in general among many UN staff working under UN programmes, and to include a human rights-based approach in their programming.
The former Yugoslav Republic of Macedonia Year established
2007
Staff as of 31 December 2010
1
Background Despite some progress in recent years, the former Yugoslav Republic of Macedonia continues to face economic, political and social challenges. Inter-ethnic dialogue is limited and discrimination against various ethnic communities is manifested in a lack of access to employment, housing, health care and education. Efforts to address discrimination and meet international human rights obligations have nevertheless intensified. The country has a high acceptance of human rights instruments and the Constitution provides for human rights protection. The effective implementation of a human rights framework remains difficult due to a lack of adequate funding, among other obstacles. The Human Rights Adviser (HRA) assists the United Nations and national partners in increasing State compliance with international human rights standards, while also working to improve interaction with the UN human rights system and to incorporate human rights into programming aimed at democratic reforms.
Results National laws, policies and institutions (EA1) An anti-discrimination law was adopted in April 2010 and came into force on 1 January 2011. Advice on compliance with international human rights standards was provided by human rights experts, the United Nations, intergovernmental organizations and civil society. However, some parts of the Law are still not fully compliant. A national human rights institution (NHRI) was created to monitor the implementation of the Law, but although commissioners were appointed in December 2010, so far the organization has not been provided with adequate resources and support staff. The HRA is a member of the all-stakeholder National Anti-Discrimination
u
Victims of human rights violations are often unaware of who might be able to help them defend their rights, and they might also have insufficient financial means to seek assistance in claiming their rights in court. A good example of how this gap may be addressed can be found in the preparation by UN Women of a brochure containing the contact details of all NGOs, legal aid offices, crisis centres and shelters in all of the country's cities that are able to provide victims of human rights violations with free assistance, legal or otherwise. OHCHR has helped victims in identifying counterparts that could assist them in solving their cases. The HRA also supported the printing of a guide compiled by the
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OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA
u
u
Coordination Body and continues to work with decision makers on the 2010-2012 Programme of Work and Plan of Action to improve the Law, ensure an effective NHRI and build capacity to address discrimination. In the area of social services, the National Strategy for Social Inclusion and Poverty Reduction was developed in a transparent manner and is aligned with key human rights standards. The HRA provided comments on this strategy, which was jointly supported by five UN agencies. A plan of action for the ratification and implementation of the Convention on the Rights of Persons with Disabilities (CRPD) was outlined in a workshop for Government officials and organizations of persons with disabilities. The Government did not ratify the CRPD, despite the formal commitment to do so in early 2010. The United Nations and the HRA continued advocacy work to encourage the Government to ratify the Convention. This resulted in the authorities agreeing to an all-stakeholder meeting to explain their position in early 2011.
Human rghts mainstreaming within the United Nations (EA11) u The joint UN support initiative to develop the National Strategy on Social Inclusion and Reduction of Poverty was a great step forward in increasing the use of human rights principles and standards in the UN Country Team’s work. The support focused on facilitating a rights-based analysis and formulation of priorities with a special focus on economic, social and cultural rights. The UNCT also began considering how to include rights-based monitoring and evaluation indicators in the United Nations Development Assistance Framework (UNDAF).
Challenges and lessons learned The focus placed on human rights defenders for Human Rights Day 2010 had a very positive effect on the population of the country. People from all backgrounds actively participated in the day’s debate, and the issue was picked up by both civil society and the media. The concept of human rights defenders struck a chord with the people. The idea that “all of us can and should be defenders”, as stated by the High Commissioner, drove home the message that human rights is something we are all responsible for.
© OHCHR/FYROM
Justice and accountability mechanisms (EA3) u The Ombudsman, who had been designated as the National Preventive Mechanism (NPM) under the Optional Protocol of the Convention against Torture (OPCAT) in 2009, adopted the required procedures in line with international standards and within the national legislation by the April 2010 deadline. However, he could not perform as NPM due to a lack of funding. Advocacy by the
HRA, the United Nations, the European Union and other international actors resulted in funds being granted to the Ombudsman within the 2011 national budget.
Human Rights Day celebration in the former Yugoslav Republic of Macedonia.
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OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
OHCHR in the field: Middle East and North Africa
Type of presence
Location
Country/Stand-alone offices
l
Occupied Palestinian Territory
l
Mauritania
l
Middle East (Beirut, Lebanon)
l
UN Human Rights Training and Documentation Centre for South West Asia and the Arab Region (Doha, Qatar)
Regional offices and centres
Human rights components in UN peace missions
l
Iraq
OHCHR maintained five field presences in the Middle East and North Africa region in 2010: a regional office for the Middle East (Beirut), a human rights component in a peace mission (UNAMI – Baghdad), the UN Human Rights Training and Documentation Centre for South-West Asia and the Arab Region (Doha), a newly-opened country office in Mauritania (Nouakchott), and a stand-alone office in the occupied Palestinian territory. Progress in the Middle East and North Africa region in 2010 was characterized by ongoing institutional reforms to address political, legal, economic and social challenges. While the pace of reforms differed, they essentially aimed at
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ensuring the rule of law, introducing human rights values and principles, creating or reinforcing national human rights institutions, and providing space for civil society actors to raise human rights concerns. Key geographic focuses in the region included the situations in Iraq, the occupied Palestinian territory, Western Sahara, and Yemen. The security situation in Iraq remained of serious concern, with continuing violence throughout the country and particularly in Baghdad. Civilians were the main victims of such violence, which included attacks against journalists, Government officials, human rights defenders, minorities and ethnic and religious groups. The need to increase respect for human rights and international humanitarian law in the occupied Palestinian territory continued to be an urgent concern. OHCHR focused on reinforcing its ability to monitor the situation in the occupied Palestinian territory and, on the basis of information gathered, engaged with relevant duty bearers and prepared a wide range of official reports for the General Assembly and the Human Rights Council. Increasing political tensions also received focused attention, in particular in Bahrain, in light of their relevance to human rights defenders and civil society activists in the region.
OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
In April 2010, the High Commissioner carried out an official mission to six States in the Gulf region. On visits to the Kingdom of Saudi Arabia, Qatar, Kuwait, the Kingdom of Bahrain, the United Arab Emirates and the Sultanate of Oman, the High Commissioner raised human rights issues that are of concern to the entire subregion. These included the need to advance women’s rights; the rights of migrant workers, particularly domestic workers; freedom of expression, association and assembly; ending trafficking in persons; and resolving the situation of stateless persons. In December 2010, the High Commissioner visited Jordan, where in addition to raising human rights issues with the Government, she delivered a policy statement on freedom of religion. States in the region broadened their engagement with international human rights mechanisms. As at the end of 2010 all countries in the region had participated in the Human Rights Council’s Universal Periodic Review (except for Oman and Syria, which will participate in 2011). OHCHR worked actively with States and other national-level actors to follow up on recommendations that emerged from this process. In addition, 2010 witnessed further ratifications of international human rights instruments by States in the region. This included the ratification by Iraq of the International Convention for the Protection of All Persons from Enforced Disappearance, which was also notable in that it was the 20th State to ratify the Convention and therefore marked its entry into force. Still, many States in the region have yet to submit periodic reports to treaty bodies. States in the region also demonstrated increased receptiveness to visits from special rapporteurs mandated by the Human Rights Council. In 2010, Algeria alone invited mandate-holders concerned with freedom of opinion and expression; violence against women; adequate housing; education; water and sanitation; and food and health. Furthermore, Syria received its first visits from special procedures mandate-holders when the Special Rapporteurs on the rights to food and health carried out missions to the country. While human rights non-governmental organizations are highly active in the region, their scope for action is often limited by legal or practical restraints. Throughout 2010, OHCHR continued to provide substantive and technical support to civil society actors in the region, with a view to strengthening their capacities to promote and protect human rights and ensuring the representation of their work in international human rights mechanisms.
Country/Stand-alone Offices Occupied Palestinian Territory Year established
Gaza: 1996; Ramallah: 2000; Hebron: 2010
Staff as of 31 December 2010
13
Expenditure in 2010
US$2,234,401
Background Violations of international human rights law and international humanitarian law were widespread in 2010, and were committed by all duty-bearers in the occupied Palestinian territory (OPT). Central to this situation is the Israeli occupation. A key problem is the issue of impunity, which continued to be prevalent in the OPT. International efforts to encourage duty-bearers to address the impunity issue continued throughout the reporting period. The Israeli blockade of Gaza persisted in 2010. While the Government of Israel (GOI) modified restrictions on some categories of goods, this did not make a sufficient impact on the actual flow of goods into Gaza. Though the GOI did continue to lessen movement restrictions on Palestinians within the West Bank, severe impediments remained, often resulting in persons effectively being prevented from exercising many economic, social and cultural rights. Movement restrictions into East Jerusalem remained particularly severe, and the GOI indicated that it intends to markedly tighten these restrictions in 2011. The situation in East Jerusalem worsened considerably in 2010, with increasing home demolitions and clashes between Palestinians and Israeli security forces. The GOI expanded its measures aimed at revoking the residency status of Palestinians. Not only did settler violence against Palestinians and their property continue, but there were indications that settler violence was developing beyond sporadic incidents into organized efforts to destroy Palestinian livelihoods and culture (e.g. through the desecration of mosques and the uprooting of olive trees). The ongoing political divide between the two main Palestinian political parties resulted in increasing violations committed by both sides. Restrictions on the freedom of expression were increasingly noted, as were heightened restrictions on the activities of human rights defenders, in particular in Gaza. Both
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© OHCHR/South Caucasus
Palestinian children at summer camps set up by the UN.
sides detained political opponents and there were many reports of ill-treatment and sometimes torture in detention. In 2010 OHCHR-OPT continued to strengthen its capacity to carry out monitoring activities, in consideration of two 2009 Human Rights Council resolutions requesting that the High Commissioner strengthen OHCHR’s field presence in the OPT, especially with a view toward monitoring and reporting on the situation. OHCHR-OPT also established a presence in Hebron in 2010, in order to extend the reach of its monitoring activities. OHCHR-OPT is actively seeking to enhance its communications with relevant duty-bearers, who have all recognized the Office’s role in monitoring violations of human rights and international humanitarian laws.
Results National laws, policies and institutions (EA1) u Progress has been made by the Office in its attempt to reduce the number of death penalty sentences issued by the Palestinian Authority (PA) through its membership of the PA legislative working group that worked on creating a revised Penal Code. This working group brought together PA ministries as well as the National Human Rights Institution and NGO partners. This revised Penal Code would do away with the death penalty altogether.
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Justice and accountability mechanisms (EA3) u Regarding gender, the Office co-organized with the PA a national conference on crimes committed in the name of honour, creating a task force to oversee the implementation of the recommendations of the conference. The Office also worked with its partners in the ongoing revision of the Palestinian penal code, highlighting the issue of honour crimes, and sensitized Palestinian judges on the issue through the organization of a workshop. Access to justice and basic services (EA4) Legal aid is now being provided on a systematic basis to victims of violations, in particular home demolitions, through a number of NGOs in the Legal Aid Task Force, a subgroup of the Protection Cluster, which is chaired by OHCHR-OPT.
u
Participation (EA5) Human rights defenders increased their advocacy work on promoting the compliance of OPT law with international human rights standards, in particular with regard to the situation of women, freedom of expression and association, and the overall administration of justice. OHCHR-OPT supported these initiatives through bilateral discussions with duty-bearers, public conferences and events such as Human Rights Day 2010.
u
OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
Responsiveness of the international community (EA10) u The international community was increasingly made aware and alerted to critical human rights situations and issues through official reports to the General Assembly and the Human Rights Council.
Mauritania Year established
2010
Staff as of 31 December 2010
2
Expenditure in 2010
US$377,191
Background Challenges and lessons learned OHCHR-OPT’s coordination of the inter-agency Protection Cluster Working Group became challenging due to a lack of sufficient resources, in particular of staff. Following the arrival of the new head of office in 2010, OHCHR-OPT commenced a process of strategic planning for the Protection Cluster, leading to new priority areas for 2011 and the submission of a project for the 2011 Consolidated Appeals Process aiming at strengthening resources in this area. Access restrictions, in particular to and from Gaza, continued to hinder the effective functioning of OHCHR-OPT. Logistically, it is highly difficult for international staff to travel from the West Bank to Gaza to provide support to the Gaza sub-office. The GOI's non-issuance of permission for OHCHR-OPT’s armoured vehicle to enter Gaza also impeded the work of the Gaza sub-office, though in late 2010 permission was finally granted and it is expected the vehicle will be ready to operate in Gaza in early 2011.
Occupied Palestinian Territory: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
1,482,013
Consultants
-
17,373
Official travel
-
43,907
Contractual services
-
42,870
General operating expenses
-
221,262
Supplies & materials
-
91,621
Seminars, grants & contributions
-
78,300
Subtotal
-
1,977,346 257,055
Programme support costs GRAND TOTAL
-
The apparent political stability in 2010 and the expressed commitment of the Government to promote and respect human rights can be seen, to a certain extent, as positive indicators for the future, especially as this creates a challenging but enabling environment for the consolidation of democracy where the Parliament can play not only its legislative role, but also steer its control of public action. This overall context is, however, made fragile by weak administrative and judicial systems that barely provide efficient governance, as well as transparent and fair trials. While some positive steps have been taken by the Government in addressing a range of critical issues, this situation has created serious obstacles to vulnerable persons, such as victims of discrimination and slavery, accessing justice and/or reparation. There are particularly fundamental constraints regarding the application of the Law criminalizing slavery, as well as settling the problem of passif humanitaire (see below) and the land problem. The office was officially opened on 9 December 2010 and is still in the process of fully establishing itself. It works to support and strengthen the capacities of State actors, State institutions like the Commissariat aux Droits de l’Homme, à l’Action Humanitaire et aux Relations avec la Société Civile, the judiciary, as well as the National Human Rights Commission and civil society organizations, to promote and implement international human rights principles and norms. It also mainstreams human rights in the planning and operations of the UN Country Team. In 2010 the office prioritized the follow-up and implementation by the Government of the recommendations of the UPR, and worked towards ensuring the incorporation of core human rights elements, including anti-discrimination and women’s rights, into the United Nations Development Assistance Framework for 2012-2016.
2,234,401
Challenges and lessons learned There is a perceived mistrust between a section of civil society actors and the Government, while the emergence of marginal but growing civil dissatisfaction is being observed. It is therefore
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feared that in the upcoming biennium, if no appropriate response is provided, the country may face instances of political and security uncertainty. The two major human rights challenges facing the country are how to address impunity for widespread human rights abuses that occurred during the 1980s and 1990s (locally known as the “passif humanitaire�) and how to eradicate slavery and related practices, which affect more than 40 per cent of the population and still cause widespread suffering. Both of these issues reflect a history of racial discrimination, a dysfunctional judicial system and lack of public human rights awareness. The Government has taken tentative steps towards addressing these concerns by working with UN agencies to enable the return of thousands of Mauritanians who were forced into exile in the 1980s. However, the measures in place to assist returnees in their reintegration remain largely inadequate and the process appears to be extremely slow. Furthermore, the killing of some 500 military personnel of black African descent, which triggered the mass exile, and the question of compensation for their surviving relatives, have not yet been comprehensively addressed. In addition, recent cases of alleged slavery practices exposed by human rights defenders have tested the existing legal framework criminalizing slavery and related practices. Differences of interpretation of the current Law by anti-slavery activists and law enforcement officials raised the need for the further commitment and readiness of all parties, especially Government and justice officials, to effectively protect victims. Reconciling both entities in the best interest of the victims remains a pertinent human rights challenge.
Mauritania: Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
Consultants
-
-
Official travel
-
19,952
Contractual services
-
-
General operating expenses
-
102,200
Supplies & materials
-
62,556
Seminars, grants & contributions
-
28,000
Subtotal
-
333,797 43,394
Programme support costs GRAND TOTAL
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OHCHR REPORT 2010
121,089
-
377,191
Regional Offices and Centres Regional Office for the Middle East (Beirut, Lebanon) Year established
2002
Staff as of 31 December 2010
10
Expenditure in 2010
US$1,452,412
Background Progress on human rights in the Middle East is hindered by political tensions and instability, which reflect the capacity of States to fulfill their human rights obligations. Over the years, armed conflicts have resulted in millions of refugees becoming scattered throughout the region, as well as considerable stateless populations. Most countries employ large numbers of migrant workers with minimal protections for their rights. States that are stable politically are often characterized by strong central authorities and minimal participation of rights-holders in public policy and debates. Concerns for stability and security often result in excessive restrictions on freedoms of expression, association and assembly and other civil and political rights, sometimes in the guise of anti-terrorism legislation. Women’s rights remain a matter of serious concern in the region. The Regional Office for the Middle East covers the following 10 countries: Bahrain, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, the United Arab Emirates and Yemen. The Regional Office carries out technical cooperation activities with governments and civil society to help move the human rights agenda forward. In 2010, staff carried out training programmes on the UPR and a variety of human rights topics and worked to strengthen the institutional framework for human rights protection, including the work of national human rights institutions (NHRIs), police departments and ministries. The Regional Office focused its activities on the protection of the human rights of refugees, migrant workers and stateless persons, and on freedom of expression, association and assembly. It also worked closely with UN partners in incorporating human rights considerations into their work.
Results National laws, policies and institutions (EA1) In Lebanon, a code of conduct for the police that will provide the basis for future police training and work was finalized in 2010, with support provided by the Regional Office.
u
u
u
u
u
In 2010, the Regional Office significantly raised awareness of the human rights concerns of stateless persons and intensified its work with national actors across the region, resulting, inter alia, in the finalization of draft legislation for the protection of migrant domestic workers in Lebanon. Two new national human rights institutions in Oman and Bahrain began operating in 2010, with substantive support from the Regional Office. The Regional Office facilitated the finalization of a draft National Plan of Action on Human Rights for Lebanon by means of supporting the Parliamentary Committee for Human Rights in its drafting work. The draft was launched in December 2010 on the occasion of International Human Rights Day. The Regional Office participated with Lebanese partners in the drafting of a law for a National Prevention Mechanism in line with the Paris Principles, which is expected to eventually evolve into an NHRI.
Civil society engagement with human rights mechanisms (EA7) u The Regional Office completed a regional study on the effective use of human rights mechanisms by civil society, which will guide its future activities in the region. Human rights mainstreaming within the United Nations (EA11) u In November, the Regional Office and the International Labour Organization (ILO) finalized a draft code of conduct for UN staff members in Lebanon in relation to the rights of domestic workers. The code of conduct was adopted in early 2011 by the UN Country Team, with a view to guide UN staff working in Lebanon as to how to effectively protect the rights of their domestic workers.
Challenges and lessons learned The political environment in the region was responsible in part for some of the delays in the Regional Office’s implementation of certain activities in 2010. For example, the National Human Rights Action Plan for Lebanon faced several delays because of political paralysis and sensitivities. The crackdown on human rights defenders in Bahrain resulted in the slowing of the Regional Office’s work with the Government of Bahrain, particularly in relation to its activities in support of the newly-established National Human Rights Institution.
© AFP PHOTO/Joseph Eid
OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
A Lebanese woman carries a placard that reads in Arabic "A man is successful in dialogue" during a rally organized in Beirut by an NGO that works for the eradication of gender-based violence and exploitation of women and children, December 2010.
In the States covered by the Regional Office, the importance of the High Commissioner’s direct support to field activities and to building relations with all counterparts cannot be underestimated. Her country visits yield the best results when they are prepared and implemented in direct relation to planned expected accomplishments and thematic priorities in the target country or region. Also with respect to the Middle East region, while the High Commissioner’s country visits have taken place in response to diplomatic invitations, country or regional programmes may also act as a catalyst for the realization of such visits.
Regional Office for the Middle East (Beirut, Lebanon): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
839,009
Consultants
-
16,958
Official travel
-
168,462
Contractual services
-
20,250
General operating expenses
-
148,106
Supplies & materials
-
19,920
Seminars, grants & contributions
-
72,615
Subtotal
-
1,285,320 167,092
Programme support costs GRAND TOTAL
-
1,452,412
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© AFP PHOTO/Karim Jaafar
OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
The High Commissioner and the Chairman of Qatar's National Commission for Human Rights, Ali bin Sumikh al-Marri, attend the first Gulf Forum for Human Rights Institutions in the GCC, in Doha, Qatar on April 2010.
United Nations Training and Documentation Centre for South-West Asia and the Arab Region (Doha, Qatar) Year established
2009
Staff as of 31 December 2010
3
Expenditure in 2010
US$702,005
Background The social, political and economic indicators for most of the 25 countries covered by the United Nations Human Rights Training and Documentation Centre for South-West Asia and the Arab Region changed significantly during 2010. Regional political and social instabilities were exacerbated by sharp increases in the global prices of food and fuel, which had a significant impact on the most vulnerable segments of the population. Among the key concerns during the year were ongoing armed conflicts; rising social tensions; patterns of discrimination, in particular against ethnic, religious and social minorities; the rights of women, migrant workers and stateless persons; as well as the inappropriate State use of counter-terrorism legal frameworks. In 2010, the Centre, which was inaugurated in mid-2009, focused on establishing its presence in the region as a credible partner for human rights capacity-building of duty-bearers and rights-holders, and as a centre of excellence for learning, documentation and the exchange of positive practices, with the overall objective of strengthening regional capacities for responding to the above challenges.
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Results National laws, policies and institutions (EA1) In order to enhance the potential for regional national human rights institutions (NHRIs) to comply with international human rights standards, in April the Centre organized a two-day seminar to discuss the role of NHRIs in protecting and promoting human rights. The seminar brought together 50 representatives of regional NHRIs and focused on strategies for increased compliance with the Paris Principles. u An international consultative workshop involving 80 representatives from governments, NHRIs and civil society was organized by the Centre in September in order to identify regional needs for human rights capacity-building programmes and strategies for their implementation. u
State engagement with human rights mechanisms (EA6) u The Centre worked to encourage the ratification of UN human rights treaties and to reduce reservations to ratified treaties by organizing a two-day forum – bringing together 45 participants representing seven countries of the Arabian Peninsula – to discuss best practices. The Forum also discussed challenges and possible strategies to ensure follow-up to the recommendations of all UN human rights mechanisms, including treaty bodies, special procedures and the UPR.
OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
Challenges and lessons learned Two of the key obstacles the Centre faced during 2010 were delays in staff recruitment and the absence of a local United Nations administrative support arrangement in Qatar. Other challenges include the relative scarcity of UN field presences (in particular in countries of the Gulf Cooperation Council) and the corresponding lack of understanding of the role and mandate of international human rights mechanisms and the United Nations in the region. The Centre also observed a number of gaps in knowledge among Government officials and civil society actors on some substantive human rights areas, which it intends to address through its capacity-building activities. As a result of the High Commissioner’s visit to the Gulf Region in April 2010 and subsequent activities organised by the Doha Centre, there has been a marked rise in interest and familiarity with United Nations human rights work in the region, as reflected in Saudi Arabia’s and Kuwait’s expressed interest in OHCHR’s technical cooperation support, and requests for capacity-building events received from other countries, such as Oman and Jordan. In addition to the above challenges, Qatar is a duty station with an extremely high level of local costs in terms of logistics, travel and labour. Given the limited budget for 2011, this is being addressed by introducing cost-saving measures, in cooperation with key national and regional partners, relating to the size of target groups, methodologies of work and the locations where activities take place.
United Nations Training and Documentation Centre for South-West Asia and the Arab Region (Doha, Qatar): Expenditure in 2010 Regular budget expenditure in US$
Extrabudgetary expenditure in US$
Personnel and related costs
-
199,351
Consultants
-
22,425
Official travel
-
62,848
Contractual services
-
4,200
General operating expenses
-
41,950
Supplies & materials
-
64,461
Seminars, grants & contributions
-
226,008
Subtotal
-
621,243 80,762
Programme support costs GRAND TOTAL
-
702,005
Human Rights Components in UN Peace Missions United Nations Assistance Mission for Iraq Year established
2004
Staff as of 31 December 2010
47
Background Political elections were held in March 2010 but the President only appointed the Prime Minister on 25 November. As of the time of writing, ongoing negotiations continue among the blocs over Government formation, with a key focus on senior State/Government positions. Despite marked improvements in the overall security situation since 2006, in 2010 the situation in Iraq was still characterized by, inter alia, continued indiscriminate attacks against civilians, including religious and ethnic minorities; arbitrary arrests; alleged ill treatment while in detention; and sexual and gender-based violence. Moreover, impunity is reported as being widespread, while access to justice is largely absent due to fear of reprisals, lack of capacity among rule of law institutions, corruption and lack of awareness of accountability mechanisms. In the Kurdistan Region of Iraq, while the security situation is considerably better than in the rest of the country, specific concerns have been raised with regard to serious violations of the rights of suspects and detainees by the Kurdistan Regional Government (KRG) authorities; sexual and gender-based violence; anti-terrorism legislation, and the de facto practice of keeping persons in unlimited administrative detention.
Reslts National laws, policies and institutions (EA1) Through pressure levied on national protection mechanisms, the Office has on a few occasions managed to ensure that perpetrators of human rights violations, particularly against women and children, are held accountable and prosecuted as per national legislation. One significant case was in Kirkuk, where a person died while in detention and the police officer accused of the death is under arrest and criminal investigation. u The Office is cooperating with the Ministry of Human Rights to improve the capacity of the police, corrections personnel and judicial officials to fulfil their human rights obligations, by carrying out monthly training sessions. u
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© AFP PHOTO/ Sabah Arar
OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA
participation in the UPR process. Of the UPR recommendations, 135 out of 176 were formally accepted for implementation by the Iraqi Government. Civil society engagement with human rights mechanisms (EA7) u The Office facilitated the participation of civil society organizations in the preparation process for the UPR of Iraq, which was reviewed in February 2010. In this context, human rights concerns as well as the specific situation of internally displaced persons were addressed.
Challenges and lessons learned An Iraqi girl and women hold signs demanding more freedom and rights during a protest marking Human Rights Day in Baghdad, December 2010. u
In Kurdistan, the Regional Government has taken positive steps to improve legislation protecting and promoting women's and children’s rights, including progress on a law for social health security and a quota system to ensure that a percentage of the members of Parliament are women.
Ratification (EA2) u On 23 November, Iraq deposited the 20th instrument of ratification for the International Convention for the Protection of All Persons from Enforced Disappearances to the Secretary-General of the United Nations. With this historic accession, the Convention entered into force on 23 December 2010. Participation (EA5) u The Office provided technical assistance to strengthen the capacity of human rights organizations in the promotion and protection of human rights, in particular in the area of engaging with international human rights mechanisms, through several training sessions organized with the support and financial assistance of UN agencies and programmes. State engagement with human rights mechanisms (EA6) u The Office provided technical assistance and advice to support the Government of Iraq’s
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The Office does not have the sufficient capabilities to provide immediate assistance to individuals or groups in relation to specific security situations. It is also very difficult and near impossible for victims to reach the Office when security situations arise and there are no mechanisms to facilitate such contact when it is necessary. Similarly, the mechanisms in place to refer cases to the Government, the KRG, or civil society organizations for follow-up, redress and for any kind of assistance are still weak. During the past nine months, the political situation and the impasse in forming a Government has hindered any development on legislation and policies. Moreover, the selection procedure for Iraq’s High Commission for Human Rights, which started at the end of 2009, was stopped by the Speaker based on the complaint of a political party concerning the composition of the Committee of Experts in charge of the selection of commissioners. The procedure was never resumed due to the political campaigning, elections and the ensuing months of negotiation over the new Government. Several projects and programmes were implemented under the Iraq Trust Fund and the Office could play a technical advisory role in most of them. For a wider coverage of the country with a view to a more effective implementation of the United Nations Assistance Mission for Iraq’s mandate in the field of human rights, it was proposed to extend the field presence of the Office to other locations. Mosul was identified as a priority location for the next field office to be opened.
EXECUTIVE DIRECTION AND MANAGEMENT
Executive Direction and Management Executive Office Background In 2010, the High Commissioner continued to advocate globally for the promotion and protection of human rights by engaging in dialogue and joint activities with all stakeholders, making the most of the expertise and experience of the Office both at headquarters (HQ) and in the field. In particular, the High Commissioner’s leadership on the issue of migration, including by chairing the Global Migration Group, was central in underscoring the importance of integrating a human rights-based approach in the international community’s response to this increasingly global and complex challenge. On Human Rights Day 2010, the High Commissioner launched a year-long campaign in support of every-day human rights defenders all over the world. During the year, the High Commissioner and the Office sustained endeavours to strengthen the integration of human rights in all areas of UN activities. This was given a significant boost with the upgrading of the New York Office’s head to the Assistant Secretary-General (ASG) level. Furthermore,
© OHCHR/Bolivia
The High Commissioner for Human Rights has a unique role as the chief advocate for human rights in the United Nations system and a voice for victims around the world. This role is performed through maintaining continuous dialogue on the Office’s priorities and activities with Member States and numerous stakeholders. The visibility and impact of the High Commissioner’s lead role are ensured through public statements, speeches, opinion articles, country visits, high-level meetings and other key outreach activities. The High Commissioner and her Deputy are supported in their engagement with Member States, the media, civil society and partners in the United Nations system by seven organizational units within Executive Direction and Management (EDM): the Executive Office, the New York Office, the Communications Section, the Donor and External Relations Section, the Civil Society Section, the Policy, Planning, Monitoring and Evaluation Service, and the Programme Support and Management Services. Support is also provided to the whole Office by the Security and Safety Section and by the Document Processing Unit working under EDM supervision.
The High Commissioner speaks at a high-level conference in Bolivia. OHCHR REPORT 2010
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the High Commissioner and senior staff’s engagement with government authorities facilitated the resolution of a number of individual cases, and contributed to changing human rights policies and practices at the national level.
Š OHCHR/Brussels
22 missions to Bahrain, Bolivia, Cambodia, Democratic Republic of the Congo, Iceland, Italy, Japan, Jordan, Republic of Korea, Kuwait, Kyrgyzstan, Mexico, Oman, Panama, Qatar, Saudi Arabia, Somalia, South Africa, Sweden, Thailand, Uganda, and the United Arab Emirates were undertaken by the High Commissioner and the Deputy High Commissioner in 2010.
Global Management Outputs Transparent and timely decision-making (GMO2) u The number of substantive issues discussed under the chairpersonship of the High Commissioner in the Senior Management Team increased and decisions were properly communicated and followed up within the Office through a newly established online tracking system. Leading human rights mainstreaming (GMO3) u Human rights issues were strengthened in the Secretary-General's policies and UN system responses to crises situations through the direct input of the High Commissioner, the Deputy High Commissioner and the Assistant Secretary-General for Human Rights in New York. u Through the lead role of the High Commissioner, greater focus was placed on the human rights aspects of migration, in particular on migrants in irregular situations. u The percentage of documents submitted on time to intergovernmental bodies was steadily increased. Supporting field operations (GMO5) u At the request of the host Governments, two new country offices were opened in Guinea and Mauritania. Skills and competencies (GMO6) u Under the supervision of the Deputy High Commissioner, and in the framework of an organizational effectiveness programme, the Office-wide planning process was streamlined and revised toward a four-year cycle, which is currently being implemented.
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The Deputy High Commissioner at the IV Equality Summit in Brussels, November 2010.
The High Commissioner: addressed the Human Rights Council at each of its sessions, including a one-day interactive dialogue on 4 March 2010; addressed the Third Committee of the General Assembly followed by an interactive dialogue with Member States; made statements at various other fora, including the UN Security Council, the African Union Summit, the Review Conference of the Rome Statute, academic institutions and research institutes, and national human rights institutions.
Challenges and lessons learned The global financial crisis has for the first time had an impact on the Office: in 2010, contributions received fell short of OHCHR's executed budget. Under these circumstances, the High Commissioner gave guidance for a more conservative approach in planning activities and budgets for 2011. The creation of new and expanded mandates by the legislative bodies to be undertaken within existing resources has stretched the High Commissioner's ability to accomplish new and existing work while keeping the focus on her strategic priorities. The Office will have to explore more diverse and innovative sources of support, so that the level of activities can be maintained.
EXECUTIVE DIRECTION AND MANAGEMENT
The rapid evolution of new forms of media presents the Office with challenges to innovate in crafting and disseminating its messages. With a view to addressing this issue, OHCHR commissioned a study to develop a new web governance strategy for the Office. The recommendations of the study were reviewed and supported by the Senior Management Team (SMT), but the main part of their implementation has been put on hold due to financial constraints.
New York Office Background
The greater part of the work of the New York Office (NYO) is to ensure mainstreaming of human rights into all substantive areas of work of the Organization, through participation in, and follow-up to, discussions in all UN fora, contributing a human rights perspective to these discussions. Strong cooperation with different departments of the UN Secretariat, in particular with the Executive Office of the Secretary-General (EOSG), the Department of Political Affairs (DPA), the Department of Peacekeeping Operations (DPKO), the Office for the Coordination of Humanitarian Affairs (OCHA), the Office of the Legal Adviser (OLA), the Department of Economic and Social Affairs (DESA), and with key UN agencies, more recently UN Women, was - and will continue to be - critical for the effectiveness of OHCHR at Headquarters.
Š UN Photo/Eskinder Debebe
The year 2010 saw the strengthening of OHCHR's presence in New York, in both physical and substantive terms. The High Commissioner and Deputy High Commissioner were present for a number of important exchanges - from Security Council discussions on the Protection of Civilians, through key budget and programme discussions, to the High-Level Plenary Meeting on the Millennium Development Goals at the start of the 65 th Session of the General Assembly and the High Commissioner's
interactive dialogue with Member States in the Third Committee in November. The arrival of the Assistant Secretary-General for Human Rights mid-way through the year allowed OHCHR to be present on a more consistent basis in high-level discussions at UN Headquarters (both intergovernmental and inter-departmental/inter-agency) and to ensure that a human rights perspective is taken into account.
UN Secretary-General and the Assistant Secretary-General for Human Rights at UN Headquarters' Human Rights Day celebration.
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Results Justice and accountability mechanisms (EA3) u NYO chairs a Working Group of the Counter-Terrorism Implementation Task Force (CTITF) which produced in 2010 two basic human rights reference guides, on security infrastructure and on stopping and searching, to assist Member States in implementing specific counter-terrorism measures in a human rights compatible manner. u As a result of OHCHR advocacy it is now accepted that the CTITF can meet with civil society representatives on issues linked to the implementation of the human rights aspects of the Global Counter-Terrorism Strategy (GCTS); respect for human rights in countering terrorism at the national level is part of the technical assistance delivery provided by I-ACT; human rights norms and principles have been integrated into the draft work plan on the implementation of the GCTS in Central Asia, a project of the CTITF Working Group on conflict prevention and resolution; the CTITF Working Group on the internet has incorporated human rights principles in its work on regulating the use of internet. Participation (EA5) u NYO, as part of the UNDEF Programme Consultative Group, contributed to strengthening democracy, human rights and the rule of law by selecting appropriate project proposals presented for funding by grass-roots organizations. State engagement with human rights mechanisms (EA6) u Briefings organized in New York together with the Human Rights Treaties Division (HRTD) for Member States, UN entities and civil society generated a better understanding of the treaty bodies’ work. Substantive support was provided to Member States not represented in Geneva on follow-up to concluding observations by treaty bodies and on UPR recommendations. Human rights mainstreaming within the United Nations (EA11) u NYO ensured, through regular participation in Inter-agency Standing Committee and Executive Committee on Humanitarian Affairs (ECHA) meetings, that human rights standards and principles are increasingly integrated into humanitarian action. u Human rights advice on the rule of law was provided to the Inter-Agency Security Sector Reform Task Force (IASSRTF), which became more responsive to human rights concerns. The
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u
u
u
u
Office also co-managed the joint OHCHR-DPKO UN Rule of Law Indicators project, the UN Secretariat’s largest rule of law initiative, to measure the progress of the criminal justice system in post-conflicts states. The General Assembly (GA) has a better understanding of the outcome of the Durban Review Conference and increased interaction on the fight against discrimination will take place during the forthcoming International Year for People of African Descent. Issues related to non-discrimination and equality were systematically raised, notably within the UNDG and Executive Committee of Economic and Social Affairs (ECESA) frameworks. NYO led work carried out across the office in relation to the human rights of lesbian, gay, bisexual and transgender (LGBT) persons. A high-level panel discussion at UN headquarters, which OHCHR supported and took part in, contributed to the increased visibility of this issue at the intergovernmental level and provided a platform for an appeal by the Secretary-General for the worldwide decriminalization of homosexuality. NYO is also working with UN partners to produce public information materials on homophobic hate crimes and discrimination. The Office contributed to the implementation of the independent study on UN Peace Operations and the respect for relevant human rights standards. NYO participated in the development and review of protection of civilians strategies in Chad, Darfur, Sudan, and DRC through the Integrated Mission Taskforces (IMTF). Together with DPKO, OHCHR was requested by the Policy Committee to co-lead the development of a policy framework on conditionality for UN support of non-UN security forces. Through its work with the office of the Special Representative of the Secretary-General (SRSG) on sexual violence in conflict and other partners, OHCHR helped to establish the Team of Experts mandated under Security Council resolution 1888 to assist States in strengthening the rule of law and combating impunity for sexual violence in conflict. The Office recruited the team leader and other staff.
Global Management Outputs Sharing OHCHR’s strategic direction (GMO1) OHCHR has increasingly been working as one through improved coordination and understanding of respective roles and responsibilities between Geneva, New York and the field. Actions taken in a number of critical country situations that figured prominently on the
u
High-Level Panel on "Ending Violence on the Basis of Sexual Orientation" supported by the New York Office.
UN agenda at year end (e.g. Côte d’Ivoire) demonstrated just how effective OHCHR can be when Geneva, New York and field presences work together and maintain close communication. Leading human rights mainstreaming (GMO3) u OHCHR takes a leading role in partnerships for mainstreaming human rights at UN Headquarters. This is achieved through close daily cooperation with different departments of the UN Secretariat. The NYO makes concrete and substantive contributions to reports and talking points, for the Secretary-General and other parts of the system, that help to improve OHCHR's impact. The fact that OHCHR officers are included in teams accompanying the Secretary-General on mission, taking part in his meetings at Headquarters, are one visible reflection of this. The introduction of the post of Assistant Secretary-General for Human Rights is bringing an added dimension to these relationships, stepping up and facilitating communication at the most important level, with the Assistant Secretary-General for Human Rights taking part in meetings of the Secretary-General's Senior Advisers Group and in the Secretary-General's meetings with world leaders when any human rights element is involved, as well as facilitating cooperation with all other parts of the system at this level.
Challenges and lessons learned More remains to be done in terms of communicating and working with the permanent missions of Member States, as well as with civil society. Focus will be placed on this in the year ahead, but the modesty of OHCHR’s resources in New York remains a concern. Occasional support – including
visits to New York made by staff from Geneva and the field, which supply valuable expertise and improve networks and partnerships – can make a considerable contribution in this sense. The presence of staff from the Human Rights Treaties Division (HRTD), Special Procedures Branch (SPB) and the Field Operations and Technical Cooperation Division (FOTCD) during the 65th session of the GA highlighted the reciprocal benefits this can bring. New developments at UN Headquarters have presented us with new challenges. In the past, OHCHR worked closely with the entities that have now been merged into UN Women, particularly UNIFEM and the Division on the Status of Women (DAW). Cooperation between UN Women and OHCHR will continue and be strengthened under a mutually agreed broad strategic framework of cooperation as indicated in the review of the implementation of the joint 2010 work plan of OHCHR and DAW. This will be realized in conjunction with intergovernmental and expert bodies, including CEDAW, and special procedures and through capacity-building activities, awareness raising on women's human rights, gender mainstreaming and inter-agency initiatives. Common thematic priority areas include: women's human rights; violence against women, including trafficking; discriminatory laws, in particular with respect to economic, social and cultural rights; women, peace and security; and global migration. The move to New York of UNDP's rule of law work will also require equally close collaboration and strategizing for appropriate OHCHR input into the discussions. Substantive discussions related to peacebuilding require the strong involvement of OHCHR in terms of providing advice on normative obligations.
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© UN Photo/Eskinder Debebe
EXECUTIVE DIRECTION AND MANAGEMENT
EXECUTIVE DIRECTION AND MANAGEMENT
Communications Section The Communications Section develops communications plans, produces public information materials and undertakes activities to support the achievement of the Office’s human rights objectives. Information is distributed through three main channels: the media, the web, and printed materials. The six thematic priorities developed by the Office enabled better communication planning in 2010. The Section developed communication strategies to support these priorities. Special emphasis was given to the issue of discrimination, starting with the activities to promote the 2009 Human Rights Day and continuing throughout 2010. Human rights defenders acting against discrimination was the theme of the 2010 Human Rights Day. The objective was to raise awareness of the work of human rights defenders among target audiences worldwide, to promote change in attitudes and to encourage action to combat discrimination in all its forms. In 2010, the Section also worked to heighten the visibility of issues such as indigenous peoples, migration, gender, maternal mortality, the MDGs and migration.
the field, by enabling a more coherent and targeted global approach with focused messages. Regarding discrimination, for example, the Section developed in 2010 five specific strategies, on gender and maternal mortality, minorities, trafficking, indigenous peoples, and racism. Leading human rights mainstreaming (GMO3) Materials and guidance provided by the Section were used and disseminated for the 2010 Human Rights Day in Geneva and in New York, as well as at least 15 OHCHR field presences and 36 UN offices around the world, which included UN Information Centres, UN country teams and peace missions.
u
Servicing human rights mechanisms (GMO4) The addition of a staff member dealing specifically with the special procedures within the Communications Section improved the quality, timing and strategic design of press releases and other media work about mandate-holders. Media coverage of special procedures increased by 140 per cent compared to previous years.
u
Supporting field operations (GMO5) The first global OHCHR communications consultation was held to increase shared understanding among OHCHR staff of challenges as well as tools and procedures related to the area of public information and communications for human rights. Participants included around 30 public information officers, the Communications Section, public information officers from OHCHR field presences as well as some press information staff from other UN offices.
u
Global Management Outputs
© UN Photo/Eskinder Debebe
Sharing OHCHR’s strategic direction (GMO1) u The Communications Section is developing, in close collaboration with the Office’s four Divisions, long-term communications plans for the six thematic strategies on jointly identified priorities. This helps to strengthen the Office’s communications impact, both in Geneva and in
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EXECUTIVE DIRECTION AND MANAGEMENT
110
speeches by the High Commissioner
11 opinion articles by the High Commissioner published in 26 countries and in 10 different languages
6,002 articles referred to the High Commissioner or OHCHR
15,597 hits on the DRC Mapping Report special webpage
38 web stories on human rights mechanisms generated an average of 490 views per story
21 web stories on impunity generated an average of 385 views per story
37 web stories on economic, social and cultural rights generated an average of 363 views per story
40 web stories on discrimination generated an average of 320 views per story
12 web stories on migration generated an average of 557 views per story
34 press releases on discrimination 17 press releases on migration 86 press releases on armed conflicts 62 press releases on ESCR 3.6 million unique visits to OHCHR
About website during 2010
95 briefings on the work of the Office delivered to over 1,500 students, diplomats, civil society groups, journalists, and academics
Website (GMO7) The progressive upgrade of the OHCHR website, currently underway, will provide a more flexible multi-media platform for OHCHR. During 2010 a Web Management Plan was developed which outlines a phased delivery of the web upgrade, including governance, architecture and content strategies that will bring profound benefits to the implementation of the human rights programme in the UN. There were 3,681,401 unique visitors to the OHCHR website in 2010. This is a 38 per cent increase over 2009.
u
Challenges and lessons learned Interaction between field presences and headquarters on public information issues was strengthened through the development of global communications strategies by the Section to support the six thematic priorities of the Office. The challenge will be to make this planning more strategic and better articulating the global messages in ways that regional and country offices can utilize. Increasing the public information capacity of regional and country offices will continue to be a challenge. Experience gained from successive Human Rights Day campaigns points to two key areas that communications planning and activities can better exploit: 1. clear and simple messaging captured in attractive and appealing promotional designs that all partners can use; 2. more creative and sustained use of electronic mediums, including “new” media such as Facebook and Twitter, to reach non-traditional partners and young people. These conclusions are supported by the results of an assessment of the 2010 Human Rights Day campaign which showed that partners undertook activities in nearly 100 countries using the “Speak Up, Stop Discrimination” slogan and signature design. In addition, an estimated 10,000 people took part in online activities, stimulated by the internet material created for the campaign. The development of new electronic applications for mobile phones and computers will also be explored as a further means for disseminating key human rights documents or publications.
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Donor and External Relations Section The Donor and External Relations Section (DEXREL) works to disseminate information on, and generate broad-based support for, the Office’s human rights activities among all Member States and the wider donor community. The Section is responsible for mobilizing sufficient extra-budgetary resources from Member States and other donors to enable the Office to implement its programme of work. The Section works to raise understanding of, and support to, OHCHR’s programme, objectives, priorities and implementation strategies presented in the High Commissioner’s biennial Strategic Management Plan. This work was particularly challenging in 2010 as OHCHR’s funding situation was affected for the first time by the global economic downturn, while new mandates and activities continued to steadily increase.
Global Management Outputs Supporting field operations (GMO5) u DEXREL continued to support field offices in advocating for additional support for OHCHR’s activities. An innovative fundraising strategy initiated in cooperation with the Field Operations and Technical Cooperation Division (FOTCD) to approach main donors with humanitarian budget lines proved quite successful in emergency situations such as those in Haiti and Kyrgyzstan, where OHCHR attained greater visibility through its role as the lead of the Protection Cluster. Resources (GMO8) u DEXREL raised in 2010 a total of US$ 109.4 million in voluntary contributions, against a published budget of US$ 129.7 million. Additional income including interest and miscellaneous brought the total available income to US$ 113.8 million. Expenditures amounted to US$ 125.5 million. Therefore, for the first time in six years, the actual income was lower than expenditures by some US$ 11.7 million. u Contributions from Member States amounted to US$ 98.9 million, down by US$ 8.4 million (or 7.8 per cent) compared to 2009. This was mainly due to serious cuts made by some Member States in their multi-lateral aid budgets. A lot of work was undertaken by DEXREL to anticipate how big the decreases would be and how to attract additional funds to compensate for the losses. u Some 64 Member States contributed in 2010, only five fewer than in 2009. A total of 43 funding agreements were signed, of which 10 were of a multi-year nature, ensuring some predictability for the work of the Office.
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u
u
The proportion of unearmarked funding remained relatively stable at 54 per cent of the total, compared to 56 per cent in 2009. This demonstrates donor confidence in the ability of the Office to spend funds according to its own priorities and planning. OHCHR participated more intensively in Consolidated Appeals and Flash Appeals coordinated by OCHA: this generated an additional US$ 4 million. OHCHR also received US$2.1 million from seven Multi-Donor Trust Funds in 2010, including the Peacebuilding Fund.
Challenges and lessons learned As expected, 2010 turned out to be a challenging year for fundraising. The total income was lower by some US$ 9 million, compared with 2009, but even with this worrying decrease, the support received by OHCHR in 2010 – compared with other UN constituencies – actually reflects the strength of donor commitment to the human rights programme. More than 50 per cent of the voluntary contributions continued to be unearmarked. This ensured more flexibility and efficiency in their use. Unearmarked contributions are always used to implement the plans set out in the Strategic Management Plan (SMP) on the basis of the Strategic Framework. Donors also earmark funds for activities presented in the SMP. As a matter of principle, OHCHR does not take on additional work that lies outside of its agreed planning framework or that is not part of its established priorities. DEXREL’s goal to reach out to new constituencies, including irregular donors and governments that have never provided support in the past, was only partially met as the need to focus on maintaining the support of OHCHR’s top 25 donors took up most of DEXREL’s time and resources. While almost all countries from the Western Group (27) made a contribution to the Office, only nine out of the 33 states of the Latin American Group contributed; in the Asian Group 16 out of the 53 members contributed; in the African Group, only five out of 53 members contributed and in the Eastern European Group, seven of the 23 members contributed. This demonstrates that the High Commissioner’s objective that all Member States should support her programmes with a voluntary contribution – even symbolic – has been, and will remain, very challenging to achieve. The Office will explore more diverse and innovative sources of funding in 2011. Contrary to the previous year, when collaboration with UNDP in the context of the Action 2 programme generated some US$ 3.2 million for the work of human rights advisers in UN country teams, 2010 saw the programme shrink before it was replaced by the new UNDG-HRM mechanism. DEXREL will seek to obtain additional funds as the new trust fund becomes operational in 2011.
EXECUTIVE DIRECTION AND MANAGEMENT
Civil Society Section
u
OHCHR reaches out to civil society actors worldwide, with the global objective of securing more effective human rights protection and promotion through a better understanding of the United Nations human rights programme and strategies. The Civil Society Section builds knowledge and skills, promotes civil society participation in the UN human rights programme and works collaboratively to protect civil society space.
Global Management Outputs
Results
Website (GMO7) u The Section developed a communications strategy for 2010-2011 to improve dissemination of information on human rights programmes for external partners. This included a redesigned webpage (http://www.ohchr.org/EN/AboutUs/Pages/CivilS ociety.aspx), as well as timely information sharing with civil society actors via a subscription-based email broadcast service, allowing the user to select the information needed. More than 250 updates and guidance notes were sent out during the year. The Civil Society Section webpage now provides new services and quick links to key sites used by civil society, and was made available in Arabic, English, French, Russian and Spanish.
Challenges and lessons learned In light of various forms of restriction or intimidation experienced in several regions by civil society actors, including human rights defenders, the Section initiated an analysis in collaboration with colleagues at headquarters and the field, to take stock of OHCHR’s work in relation to the protection of civil society actors worldwide. This work will continue into 2011, and will result in a resource base and policy guidance for OHCHR staff.
© OHCHR/Nepal
Civil society engagement with human rights mechanisms (EA7) u An increased number of civil society actors representing discriminated groups, including those working on the human rights of women and gender issues, gained awareness of human rights issues. They were strengthened in their abilities to engage with the Human Rights Council and its mechanisms, in particular the Forum on Minority Issues, the Social Forum and the Expert Mechanism on the Rights of Indigenous Peoples. u The Section produced OHCHR’s first publication in a format designed for persons with visual or print disability. This version of OHCHR’s most popular publication, Working with the United Nations Human Rights Programme: a Handbook for Civil Society, provides relevant software to access synchronized audio and visual text with easy navigability, in addition to software for Braille users. The CD-Rom was piloted, before its finalization, by expert members of the Committee on the Rights of Persons with Disabilities (CRPD).
The Section facilitated briefings for senior managers with civil society in Geneva on the Review of the Human Rights Council and the process for strengthening the treaty body system and provided briefings in Bangkok and Banjul, in collaboration with field presences.
Civil society celebrating Human Rights Day in Nepal. OHCHR REPORT 2010
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Policy, Planning, Monitoring and Evaluation Service The Policy, Planning, Monitoring and Evaluation Service (PPMES) works to ensure that OHCHR is a fully results-based organization. It supports all parts of the Office and is responsible for translating the High Commissioner’s strategic vision into concrete priorities and operational plans and procedures. Likewise, it ensures that implementation and results are properly monitored and evaluated, and lessons learned are identified. Through analysis of OHCHR’s organizational environment, PPMES helps to identify substantive or internal gaps in OHCHR’s strategic planning and policies and proposes new policy positions.
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Global Management Outputs Sharing OHCHR’s strategic direction (GMO1) u The 2010-2011 Strategic Management Plan (SMP) was launched by the High Commissioner in February 2010. According to the 2010 internal staff survey on the planning process, the SMP prepared by PPMES mostly fulfils the function of “outlining the Office’s strategic priorities for OHCHR’s staff” and is used as a document to guide their work and strengthen internal communication. It also represents the Office’s main fundraising tool. u The Strategic Framework for 2012-2013 (Programme 19) was approved by consensus for the first time in 10 years by the Committee for Programme and Coordination (CPC) in New York. In coordinating the development of this document, PPMES focused its efforts on internal coordination, especially with the New York Office. u Based on the outcome of the Working Group responsible for the review of the planning workflow in the context of the Organizational Effectiveness Programme (OEP), the section produced recommendations for improved efficiency and effectiveness in the planning process (see also under the Management chapter). u PPMES is in the final phases of the establishment of an Office-wide Performance Monitoring System which will allow for information gathering and the analysis of results at the level of both accomplishments and outputs (see details under the Management chapter) u Significant support was provided to field offices to help them finalize their results-monitoring framework, including definition of expected
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accomplishments and outputs, choice of indicators, and definition of targets. While ensuring a better culture of results, this also improved internal management and coordination between field and headquarters. The OHCHR Performance in Gender Mainstreaming Evaluation presented recommendations in the areas of policy and strategy; programming processes; internal capacity-building; and strengthening accountability on gender integration. The implementation of recommendations has started and has already resulted in the ongoing consultative review of the Gender Policy, which ensures a shared understanding and a common institutional vision on gender mainstreaming. A follow-up action plan to the United Nations Office of Internal Oversight Services (OIOS) evaluation of the efficiency of the implementation of OHCHR’s mandate allowed the Office to systematize the monitoring of progress in the implementation of recommendations for other external evaluations.
Transparent and timely decision-making (GMO2) u Greater Office coherence and strategic decision-making were achieved through the improved working procedures of, and support given to, the Senior Management Team (SMT) and the Programme and Budget Review Board (PBRB) that PPMES continued to serve as secretariat. The 36 policy and strategic issues taken up at the SMT discussions in 2010 resulted in 26 clear and implementable decisions by senior managers. Online SMT and PBRB decision-tracking systems were introduced and enable staff to be aware of and monitor the implementation of decisions. Leading human rights mainstreaming (GMO3) OHCHR’s participation in the UN Evaluation Group (UNEG) was intensified and, as co-chair with UNIFEM of the UN task force on integrating gender equality issues and the human rights dimension in all UN evaluation, the Office led to near completion the piloting of a new UNEG handbook titled Integrating Human Rights and Gender Equality Perspectives in Evaluations in the UN System.
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Supporting field operations (GMO5) PPMES contributed substantially to the review process of OHCHR’s existing Gender Policy, after the completion of the OHCHR Performance in Gender mainstreaming evaluation.
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EXECUTIVE DIRECTION AND MANAGEMENT
Skills and competencies (GMO6) u OHCHR field staff were coached and advised on results-based management, including during induction trainings throughout the year, resulting in a better global understanding of thematic priorities and expected accomplishments. Guidelines were provided on a regular basis to facilitate and coordinate work related to planning and reporting processes. The internal survey on planning demonstrates that 91 per cent of staff members are aware of OHCHR’s thematic priorities and that at least half of them have used them regularly to guide their work.
Challenges and lessons learned In 2010, PPMES ensured through a cooperative and coordinated approach that OHCHR staff better managed the preparation of reports and work analyses. Improvements still need to be made in the areas of the Performance Monitoring System and global management outputs reporting. The Service will strengthen these areas in 2011.
Programme Support and Management Services Background As part of the United Nations Secretariat, OHCHR benefits from the common administrative services provided by the United Nations Office in Geneva. Within OHCHR, administrative functions are provided by Programme Support and Management Services (PSMS), with staff distributed between four sections handling finance and budget, human resources management, information technology, and general services (travel, logistics, procurement, record keeping and sustainable management), as well as a Staff Development Unit. For the majority of the field offices, OHCHR benefits from the administrative services provided through the United Nations Development Programme, which include both financial services and the administration of local staff members.
Global Management Outputs OHCHR should continue to explore ways in which to improve the Strategic Framework as a results-based programming document. Consensual support of Member States is crucial for OHCHR’s human rights work, and it is hoped that in the future the CPC will continue to be able to reach a consensus on its programme, as is the case for most other UN programmes. An Office-wide evaluation on the performance of OHCHR in its support to human rights mechanisms and States in follow-up to recommendations was due to be ready in 2010. The Terms of Reference were finalized in the first quarter of 2011 for the evaluation to be carried out in the first half of the year. It has been recognized that accountability on gender integration is a managerial responsibility that will require further commitment. Implementation progress for 2011 will focus primarily on gender training as a priority. A selection of existing training material on human rights tools and documents is being updated for an organization-wide gender perspective.
Sharing OHCHR’s strategic direction (GMO1) The Staff Development Unit has strengthened peer learning within OHCHR by organizing bimonthly “coffee briefings” on substantive human rights issues, including a special series on the OHCHR thematic priorities. PSMS has supported the creation of a green staff group, working on sustainable management in OHCHR.
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Leading human rights mainstreaming (GMO3) PSMS staff continued to advise actively on the many legal agreements concluded by OHCHR, both with UN and with external partners.
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Supporting field operations (GMO5) PSMS staff undertook several field visits to familiarize themselves with the specific issues field offices deal with and to provide direct assistance with those issues. Often this included liaising with UNDP offices to improve their delivery of services to the OHCHR offices. PSMS also supported several fact-finding missions and commissions of inquiry into human rights violations.
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Skills and competencies (GMO6) u The Staff Development Unit continued to strengthen the provision of diverse training opportunities to all OHCHR staff members. Special focus was placed on promoting efficiency in daily work.
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Orientation programme for new OHCHR staff.
Website (GMO7) u The Web Team continued migrating OHCHR web pages from the static website to a newer dynamic SharePoint-based website, ensuring that migrated pages conform to accessibility standards. u The Web Team worked on introducing RSS feeds to important parts of the OHCHR website, allowing interested parties to subscribe to updated information. A considerable amount of work has been done on translating the OHCHR public website into Chinese and Russian.
Challenges and lessons learned PSMS continues to adapt to a changing United Nations context and whenever possible strives to do so proactively. Sustainable management (Greening the UN), accessibility for people with disabilities, organizational effectiveness and administrative reform are the principles and challenges that lie behind the work that PSMS undertakes. In 2010, experience with delivering training through web conferencing showed that this could be an effective and cost-efficient way of providing opportunities for learning and skills development. Given limited financial resources, delivering training to the field is always a challenge, making the provision of training via web conferencing an attractive alternative for offices worldwide. This approach is more cost-effective and would contribute to greening the United Nations.
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While PSMS, jointly with PPMES, provides a great deal of input at every stage of the regular budget process, the final decision with regard to the allocation of regular budgetary resources is initially at the discretion of the UN Controller and the Programme Planning and Budget Division (which advises the Controller), and then ultimately subject to the approval of Member States sitting on the 5th Committee and at the General Assembly. Additional support from Member States will be required in the future to ensure appropriate funding for OHCHR’s core work. As of 31 December 2010, OHCHR had 1,005 staff members worldwide: 520 at headquarters in Geneva, 20 in the New York Office and 465 in other offices around the world. As of 31 December 2009, OHCHR had 973 staff members worldwide: 503 at headquarters in Geneva, 19 in the New York Office and 451 in other offices around the world. Improving the geographical diversity of OHCHR staff remains one of the High Commissioner's priorities and OHCHR has continued to implement measures aimed at achieving such diversity, while at the same time remaining compliant with UN Secretariat human resources policies. As a result, there has been a continuous and significant increase in the percentage of OHCHR staff that come from countries identified as requiring better representation within OHCHR.
EXECUTIVE DIRECTION AND MANAGEMENT
Security and Safety Section Background
Global Management Outputs
The security environment for UN personnel has continued to deteriorate in many locations. United Nations employees are frequently exposed to collateral damage from conflict situations, increased threats of targeted attacks by extremists, armed groups and disenfranchised elements, as well as growing criminality and safety issues. Increased hostility to the United Nations as an institution – including its humanitarian, development and human rights work – from extremist organizations, several linked to Al Qaeda, is a disturbing development, as is the geographical spread of extremist group operations.
Servicing human rights mechanisms/supporting field operations (GMO4/5) u Dedicated security support was provided to special rapporteurs and treaty bodies during their sensitive missions, as well as to commissions of inquiry, fact-finding, assessment and mapping missions. This approach, based on the detailed security concepts of operations developed in accordance with the UN security management system, has been very effective in ensuring a safe working environment Supporting field operations (GMO5) A Web Application Project was initiated in 2010. Once completed, it will enable the Section to bring a range of security information tools in one electronic platform to provide real-time security information and analytical tools, while also helping to ensure security and efficiency in field operations.
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The year 2010 saw the United Nations facing new catastrophic challenges from natural disasters. The earthquake in Haiti killed 58 UN civilian personnel and 43 members of the police and military contingents of the United Nations Stabilization Mission in Haiti. This tragic event, as well as others such as the earthquake in Chile, dramatically highlighted the importance of having a systematic approach to assessing the vulnerability of UN premises worldwide. In more than 50 countries, UN personnel were victims of violent crime such as robbery, aggravated assault and crime at residences. In some of these countries, UN personnel were also victims of kidnapping. There were a total of 18 security incidents/situations directly affecting OHCHR staff during 2010. One OHCHR staff member was killed and one staff member was severely injured in a road traffic crash in December 2010.
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Document Processing Unit Background
Challenges and lessons learned
The Document Processing Unit, which was relocated to the Executive Direction and Management in 2010, is responsible for processing all documents and publications produced by the Office as mandated by the various UN human rights bodies, in accordance with the established guidelines. It also takes the lead in improving the compliance rate of the Office in the timely submission of documents and in coordinating with partner departments in UNOG and UN Headquarters in this regard. The Unit is also responsible for tabulating and keeping track of the Office’s annual programme of meetings, including those of the Human Rights Council (HRC), its affiliated mechanisms, and the human rights treaty bodies.
Despite the improvement in the on-time submission rate of documents over the year and the efforts made to this end, the overall yearly implementation rate remains less than 50 per cent. This is caused by a number of factors, one of which is the high frequency of the Council’s sessions, which made it impossible to submit some documents on time and in line with the standard UN document rules. The Unit is faced with an ever-increasing workload in terms of both documents and its calendar of meetings and will have to process more documents and meetings in light of the newly established Committee on Enforced Disappearances, the Open-ended Inter-governmental Working Group to Consider the Possibility of Elaborating an International Regulatory Framework on the Regulation, Monitoring and Oversight of the Impact of the Activities of Private Military and Security Companies on the Enjoyment of Human Rights, and the Working Group on the Issue of Human Rights Commitments Related to the Discrimination Against Women in Law And Practice. It has therefore been decided to gradually increase the resources allocated to the Unit.
Global Management Outputs Servicing human rights mechanisms (GMO4) u A total of 2,962 documents were produced for the consideration of the General Assembly, the Economic and Social Council, the HRC and its related entities, and for human rights treaty bodies. u The timely submission rate of documents for the HRC improved gradually and continuously during 2010 from 41.1 per cent for HRC13 in March, to 42.4 per cent for HRC14 in June and to 58.6 per cent for HRC15 in September. u Some 92 human rights-related official sessions/events with a total of 687 meeting days and numerous informal sessions, consultations and other events were held as scheduled.
687 meeting days means that, in 2010, a total of working days corresponding to some three years have been spent in official meetings, sessions, consultations or other events.
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Executive Direction and Management (EDM) Voluntary contributions in 2010 Donor
US$
-
0
(a) total contributions to EDM
0
Ireland
Earmarking
131,062
Strengthening monitoring and evaluation capacity of OHCHR
50,000
To show case CEDAW's impact at the country level*
UNDP
183,345
UN Action against sexual violence in armed conflict*
(b) total contributions to specific sections/projects
364,407
(c) TOTAL contributions earmarked to EDM (a) + (b)
364,407
Netherlands
Unearmarked funds allocated to EDM**
1,002,901
(d) total uneamarked funds
1,002,901
(e) TOTAL XB funds available for EDM (c) + (d)
1,367,308
unearmarked
* Projects implemented by the New York Office. ** Includes only allocations from unearmarked funds received in 2010.
Executive Direction and Management (EDM) RB & XB funds made available for EDM in 2010 US$
% of total
8,481,000
100.0%
8,481,000
49.9%
0
0.0%
364,407
4.3%
Unearmarked funds from 2010 voluntary contributions allocated by OHCHR to EDM
1,002,901
11.8%
Unearmarked funds from prior years allocated by OHCHR to EDM
7,157,491
84.0%
Sub-total XB funds
8,524,799
50.1%
TOTAL RB + XB funds
17,005,799
100.0%
RB funds Regular budget allotment for EDM Sub-total RB funds XB funds Earmarked funds to EDM Earmarked funds for specific sections/projects
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RESEARCH AND RIGHT TO DEVELOPMENT DIVISION
Research and Right to Development Division Background
Whether engaging in applied research, mapping exercises, legal analyses or the documentation and sharing of good practices, RRDD works closely with geographical staff at headquarters and in the field to enhance knowledge sharing and apply findings to local situations. The Research and Right to Development Division also contributes to the work of the human rights mechanisms, and in doing so provides legal advice and substantive support to a number of human rights experts, working groups, task forces, committees, inter-governmental bodies and other stakeholders.
Š UN Photo/Mark Garten
OHCHR provides guidance and advice, conducts research, develops tools and learning packages, and shares expertise with Member States, national human rights institutions (NHRIs), civil society, UN partners, and international human rights bodies and mechanisms on a wide range of human rights themes. It also makes recommendations for policy positions and advocacy on thematic issues to the High Commissioner. Much of this work is carried out by staff in the Research and Right to Development Division (RRDD), which consists of two Branches: one focusing on the rule of law, equality and anti-discrimination, the other on development and economic and social issues. Within the two Branches, eight sections focus on the rule of law and democracy; anti-discrimination; indigenous peoples and minorities; women’s human rights and gender; the millennium development goals (MDGs); the right to development; economic and social issues; and methodology, education and training.
The primary objectives of the Division are to: integrate human rights, including gender dimensions, into the development, humanitarian, governance, peace and security, and rule of law programmes and activities of the UN system; integrate the promotion and protection of the right to development into global partnerships for development; and increase knowledge and understanding of thematic human rights issues through research, analysis, the development of methodological tools and capacity-building.
Ahead of the MDG Summit in September, a panel discussion on "Human rights: The key to keeping the promise of 2015" included Thoraya Ahmed Obaid, Executive Director of UNFPA; Helen Clark, Administrator of UNDP; and Navi Pillay, High Commissioner for Human Rights.
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Results
© UN Photo/Mark Garten
National laws, policies and institutions (EA1) u An increased number of governmental agencies and human rights organizations (e.g. in Ecuador, Kenya, Mexico, Nepal, the United Kingdom and the European Union’s Fundamental Rights Agency) adopted programmes for developing and using indicators in an effort to strengthen their capacity to promote and monitor human rights, drawing on OHCHR’s methodology on human rights indicators. u OHCHR’s support to 95 grass-roots organizations in 28 countries through the Assisting Communities Together project contributed to strengthening the capacity of civil society to advocate for the increased compliance of institutions and legislation with international human rights standards. u In December 2010, the Republic of Congo adopted the continent’s first law devoted to indigenous peoples and the Central African Republic became the first country in Africa to ratify International Labour Organization (ILO) Convention 169. OHCHR assisted States’ efforts in this area, including by providing capacity-building training in collaboration with ILO. u Increased capacity to design national public policies to promote racial equality was developed in Bolivia, Uruguay, Benin and Costa Rica. In Bolivia and Uruguay this led to the launching of the process for the elaboration of national action plans against racial discrimination. OHCHR provided technical assistance and substantive advice, and facilitated the exchange of good practices. u OHCHR has contributed to ensuring that constitutional reforms and the elaboration of new constitutions are consistent with international human rights standards and norms, particularly in Bolivia, Kyrgyzstan and Somalia. u OHCHR delivered specialized technical support and advice on integrating human rights into national development planning and budget monitoring processes, at the request of Governments (e.g. Ecuador, Mexico). u OHCHR worked to increase the capacities of 35 NHRIs to integrate into their work action on discrimination against people living with HIV. Joint advocacy work on HIV/AIDS with the World Health Organization (WHO) and UNAIDS has also created a greater awareness amongst the general public on the different forms of discrimination affecting people living with HIV. u The capacity of 21 Governments, several NHRIs and local actors in Africa to develop national action plans against racial discrimination and intolerance has been improved, thanks to a
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training session organized by OHCHR in Addis Ababa. As a result of OHCHR’s support, 16 Latin American and Caribbean national statistics institutions gained a greater level of knowledge on the issue of data collection for developing policies against racial discrimination from a human rights perspective.
Justice and accountability mechanisms (EA3) The Recommended Principles and Guidelines on Human Rights and Human Trafficking developed by OHCHR were referred to as a useful tool in Human Rights Council (HRC) resolution 14/2, which encouraged Governments to use the guidelines and requested the Office to promote them regionally, providing OHCHR with an explicit mandate to further its work in this area. u In Burundi, OHCHR supported successful national consultations on transitional justice in April 2010. In Togo, OHCHR provided advice on the design of national consultations and the subsequently established truth commission as well as training and capacity-building for commissioners. u National authorities in Argentina, Nepal, Kenya, Togo and Uganda now have increased capacity in the area of establishing witness and victim protection programmes in accordance with international standards, due, in part, to OHCHR’s technical support and expert advice, including training sessions that were held in South Asia, Togo and Uganda. u
Access to justice and basic services (EA4) National partners, UN staff and the heads of 10 OHCHR field presences in West Africa gained greater knowledge of key issues affecting women’s access to justice, economic, social and cultural rights (ESCR), and the participation of women in decision-making through training and awareness-raising activities organized throughout the year by OHCHR.
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Participation (EA5) Several Governments in West Africa made commitments to take measures to improve women’s participation in peace-building and post-conflict management following a regional forum organized by OHCHR to identify effective strategies to enhance implementation of UN Security Council resolution 1325 on women, peace and security. u The Chiapas Declaration, adopted in November 2010, includes concrete measures envisaged to improve the representation of minorities and indigenous peoples in legislatures. This result was aided by OHCHR’s efforts and collaboration with the Inter-Parliamentary Union (IPU). u
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The awareness of local actors in the West Africa region on the need to strengthen access to justice on ESCR was improved, through the delivery of targeted trainings on the justiciability and domestic application of ESCR.
Civil society engagement with human rights mechanisms (EA7) u Thirty-five people from indigenous and minority communities all over the world received in-depth training and coaching on human rights instruments and mechanisms, and used the Forum on Minority Issues, the Permanent Forum on Indigenous Issues and other mechanisms to address the concerns of their communities. International and regional laws and institutions (EA8) u In the area of business and human rights, the draft Guiding Principles on Business and Human Rights (which provide operational guidance to both States and business enterprises on how to ensure corporate respect for human rights) were developed, thereby clarifying business responsibility for human rights, and increasing the number of stakeholders engaging in processes. u The principles and guidelines on the elimination of discrimination against persons affected by leprosy and their family members were adopted by the HRC in September and a resolution was subsequently passed by the General Assembly (GA) on the same subject in December. OHCHR contributed by providing substantive support to the work of the Advisory Committee of the HRC throughout the drafting process. u OHCHR advocacy and work with civil society organizations contributed to the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) in Ecuador and Spain. u The General Assembly established an Open-ended Working Group on the Human Rights of Older Persons. OHCHR conducted research, supported expert meetings on the subject and participated in international fora advocating for increased action on the issue in conformity with human rights standards. u Progress was made towards the development of a Declaration on Human Rights Education and Training, adopted by the HRC in early 2011. Coherence among human rights mechanisms (EA9) u Three UN mandates devoted to indigenous issues agreed on enhanced coordination and cooperation measures to improve their impact. OHCHR supported this achievement by
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u
organizing coordination meetings and providing substantive input. OHCHR contributed to the coordination between the Inter-governmental Working Group on the effective implementation of the Durban Declaration and Programme of Action and the Working Group of Experts on People of African Descent, including by helping to focus their annual discussions on the common thematic issue of structural discrimination.
Responsiveness of the international community (EA10) u The HRC adopted resolution 15/23 on 4 October establishing a Working Group on Discrimination against Women in Law and Practice. OHCHR contributed to this result by advocating for the issue to be addressed, presenting a thematic study and supporting a panel discussion in the HRC on discrimination against women. u The Outcome Document of the General Assembly’s High-Level Plenary Meeting on the Millennium Development Goals (MDGs), held in New York on 20-22 September 2010, contains unprecedented recognition of substantive human rights relevant to the MDGs, as well as key principles such as equality, non-discrimination, participation and accountability. This recognition of the importance of human rights in the achievement of the MDGs, including in the action-oriented agenda of the summit outcome, was the main result of intensive advocacy conducted by OHCHR, on the basis of in-depth research. u On the topic of maternal mortality and morbidity, 108 countries agreed to a resolution inviting the High Commissioner to present the OHCHR study on the human rights dimension of preventable maternal mortality and morbidity to the MDGs Summit in September 2010. Ninety-six countries co-sponsored a HRC resolution, subsequently adopted by consensus, welcoming OHCHR’s report and requesting the preparation of a second report on good and effective practices to prevent maternal mortality and morbidity from a human rights perspective. u The Secretary-General’s Guidance Note on Democracy clearly states the linkages between democracy and human rights. OHCHR has systematically contributed to the development of UN-coordinated policies and actions to enhance national efforts towards combating impunity and democratic deficits and for strengthening democratic legislations and institutions.
Human rights mainstreaming within the United Nations (EA11) u The Third Committee and the Second Committee have included an increased number of references to human rights in their resolutions on the protection of migrants (A/C.3/65/L.34/Rev.1) and migration and development (A/C.2/65/L.69). OHCHR contributed to this by advocating for increased dialogue, and drew more attention to the rights of migrants from Government representatives and the public at large, inter alia, through its role as Chair of the Global Migration Group (July to December) and its participation in the Global Forum on Migration and Development in 2010. Under OHCHR leadership, the Global Migration Group adopted in 2010 a landmark statement on the human rights of irregular migrants. u The UN Indigenous Peoples Partnership was launched by OHCHR, ILO and UNDP, setting a framework for joint UN work to advance the rights of indigenous peoples at country level. This includes a multi-donor trust fund set up to support targeted interventions in close partnership with indigenous communities. u OHCHR’s contribution to learning programmes for humanitarian coordinators and members of protection clusters through the Inter-Agency Standing Committee (IASC) and the Global Protection Cluster Working Group helped strengthen the integration of human rights standards and principles into UN system policies and programmes on humanitarian action. u The issuance of a UN Guidance Note for UN Country Teams on integrating the rights of persons with disabilities in country programming is proof of the increased mainstreaming of human rights in this area. This result was achieved in collaboration with the Department of Economic and Social Affairs (DESA) and ILO. u The GA proclaimed the year 2011 the International Year for People of African Descent. OHCHR provided substantive support to the mechanism dedicated to people of African descent, raised awareness of the challenges faced by people of African descent and advocated for concerted action to improve their human rights. OHCHR also drew up a framework for action to combat discrimination against people of African descent, which it now implements. u Through sustained advocacy efforts and substantive contributions by OHCHR, migrant workers were included in an ILO draft instrument on decent work for domestic workers. u Human rights concerns were systematically reflected in the Updated Comprehensive Framework for Action – a common strategic framework for the United Nations and
© AFP PHOTO/Pablo Porciuncula
RESEARCH AND RIGHT TO DEVELOPMENT DIVISION
Relatives of disappeared people during Uruguay's last dictatorship take part in a march to demand truth, justice and reconciliation.
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international financial institutions (IFIs) – on global food security developed by the Secretary-General’s High-Level Task Force on Global Food Security, supported by OHCHR. The UN framework for transitional justice activities is increasingly human rights-based. OHCHR contributed to this result by leading the process of elaborating the Secretary-General’s Guidance Note on the UN’s approach to Transitional Justice, adopted in March. This note is now used by the United Nations at headquarters and in the field as a common standard on transitional justice.
Global Management Outputs Sharing OHCHR’s strategic direction (GMO1) The strong involvement of RRDD in the elaboration of the six thematic priorities for the 2010-2011 Strategic Management Plan ensured that Division management and staff were fully aware of OHCHR’s strategic direction for the biennium, with more than 70 per cent of the Division’s resources and work plans directed towards them. u RRDD’s internal advocacy and extensive information-sharing in the lead up to the MDG Review Summit in September contributed to improved coordination and communication among divisions on the subject. u The Division’s role as the lead of OHCHR’s first ever needs assessment on knowledge management involving headquarters and field staff contributed to the development of an Office-wide approach and workplan on the subject. u
Leading human rights mainstreaming (GMO3) As co-Chair of the new mechanism for human rights mainstreaming established within the UNDG, OHCHR contributed to strengthening system-wide coherence, collaboration and support for resident coordinators and UNCTs in mainstreaming human rights into development
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Campaign supported by OHCHR to tackle impunity on sexual violence in thirteen localities in the Democratic Republic of the Congo.
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programmes (See Box on Human Rights Mainstreaming). The placement of gender advisers in four regional OHCHR offices (Beirut, Dakar, Panama and Suva) and their subsequent input and advice to UNCTs in their respective regions strengthened the integration of women’s rights and placed further emphasis on their access to justice and ESCR in OHCHR and UN programming. OHCHR’s chairpersonship of the Global Migration Group; joint events with the World Trade Organization (WTO), UNITAR and civil society on trade and human rights; co-chairing of the Inter-Agency Support Group (IASG) on the Convention on the Rights of Persons with Disabilities (CRPD); participation in the Secretary-General’s High-Level Task Force on Global Food Security; joint training programmes with UNITAR for diplomats; and participation in the IASC and the Global Protection Cluster Working Group resulted in additional progress made in mainstreaming human rights in UN-wide programmes.
Servicing human rights mechanisms (GMO4) u The Division’s substantive support to the Special Representative of the Secretary-General (SRSG) on Business and Human Rights; the Independent Expert (IE) on International Solidarity; the Working Group on the Right to Development; the High-Level Task Force on the Implementation of the Right to Development; the Social Forum; the Inter-governmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action; the Working Group of Experts on People of African Descent; the Independent Eminent Experts on the implementation of the Durban Declaration and Programme of Action; the Ad Hoc Committee on the Elaboration of Complementary Standards; the Inter-governmental Working Group; and the
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u
Expert Mechanism on the Rights of Indigenous Peoples ensured the smooth functioning of 11 human rights mechanisms in 2010. The recommendations of these and other mechanisms were well-anchored in RRDD’s research and analysis and applied in identifying global trends to inform and shape OHCHR’s strategic work direction.
Supporting field operations (GMO5) The Division contributed to increased effectiveness in the field by providing key inputs and thematic expertise to OHCHR staff in a number of areas, including on ESCR, transitional justice and witness protection, human rights monitoring and investigation, human rights education programmes, the formulation of national human rights action plans and work on disability. u The rollout of the OHCHR Human Rights Database will facilitate the documentation, monitoring and follow-up of cases of human rights violations for six field presences. u Consultations with field presences in Latin America helped identify ways in which further support to work in the area of indigenous rights could be provided. Concrete proposals for knowledge management were made. u
Skills and competencies (GMO6) The Division contributed to strengthening the capacities and knowledge of some 200 OHCHR staff in areas such as human rights and budget monitoring, ESCR, minority rights, monitoring and protection, mission planning, human rights and humanitarian action, conducting human rights training and in the use of the OHCHR human rights database. For example, 26 members of staff from OHCHR field presences have had their knowledge improved and their capacities strengthened in the areas of monitoring ESCR and promoting compliance with international standards.
u
RESEARCH AND RIGHT TO DEVELOPMENT DIVISION
Human Rights Mainstreaming Through a series of UN reform initiatives that have taken place since 1997, human rights have been steadily mainstreamed into the work of the UN system. Good progress has been made during the last decade in integrating human rights into global policy guidance and strengthening coordinated UN actions to support national capacity development efforts. In recognition of this, Heads of State made significant commitments at the 2005 World Summit to support the further integration of human rights into the UN system and reaffirmed the inextricable inter-linkages that exist between development, peace and security, and human rights. As emphasized in the Secretary-General’s report: “We will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights.” Furthermore, at the MDG Review Summit in September 2010, Heads of State made an unprecedented recognition of human rights as being “essential in accelerating progress towards achieving the MDGs.” The 25th anniversary of the Declaration on the Right to Development in 2011 presents an important opportunity for further deepening the system-wide UN efforts to mainstream this right, and all other human rights, in all aspects of the UN’s work. Against this backdrop, OHCHR has been intensifying inter-agency efforts to further strengthen coherent and coordinated UN support to strong national ownership and capacity in implementing national human rights agenda and following up on recommendations from UN human rights mechanisms. Reflecting the strong commitment of UN partners and in recognition of the growing requests for support from national partners, the United Nations Development Group (UNDG) established a dedicated support mechanism on human rights mainstreaming (UNDG-HRM), as a follow up to the previous “Action 2”, which supported UN country teams and their national partners in more than 60 countries during the last five years. In line with the overall UNDG priorities, the focus of UNDG-HRM’s work will be on enhancing coordinated support given to UNCTs to integrate human rights into programming; supporting resident
coordinators and country leadership in driving mainstreaming and capacity-building efforts on the ground; and promoting system-wide knowledge sharing, advocacy and policy coherence. There is a considerable demand from governments for support in national capacity-building efforts as the UPR concludes its first cycle. This presents significant opportunities for the UN system to engage with national stakeholders, including through the United Nations Development Assistance Frameworks (UNDAFs). Providing guidance, resources and support to UN country teams and resident coordinators is essential in supporting their engagement with national partners on all human rights, including the right to development, and in achieving better results and sustainable impact on the ground. It is expected that this will constitute an integral part of the UNDG-HRM’s work with the support of the multi-donor trust fund created for this purpose. The 10th anniversary of the Durban Declaration and Programme of Action, the International Year for People of African Descent and the establishment of an inter-agency task force, as requested by GA resolution 65/240, provide a similar opportunity during the year 2011 for mainstreaming racial equality in the work of the UN system.
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In 2010, OHCHR contributed to: l Greater awareness of human rights in the MDGs agenda and enhanced partnership among a wide range of stakeholders, which in turn contributed to the strong recognition of human rights principles and standards in the 2010 MDG Review Summit Outcome. l Strong inter-agency commitment and support to the human rights of migrants in the landmark statement adopted by the Global Migration Group chaired by the High Commissioner. l The operationalization of the UNDG-HRM with the establishment of a priority work plan and a multi-donor trust fund managed by UNDP to support their implementation. l The deployment of human rights advisers in three countries (Honduras, Paraguay and Tajikistan) at the request of resident coordinators to support the
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mainstreaming of human rights into the work of UNCTs and to provide technical advice to their partners, where requested. The increased integration of human rights into humanitarian action plans (e.g. Haiti, Kyrgyzstan) through its participation in the IASC and the Protection Cluster Working Group. The increased use of human rights indicators through technical assistance provided to Ecuador, Kenya, Mexico, Nepal, the United Kingdom and the European Union’s Fundamental Rights Agency, which have initiated the development of human rights indicators drawing on OHCHR’s methodology. The creation of a more coherent UN response to support stronger national ownership of the human rights agenda in “Delivering as One” pilots. For example, in Uruguay the Government and the UNCT developed a joint programme on prison reform, with technical support from OHCHR, in order to assist the Government in addressing the recommendations made by the Special Rapporteur on torture. In Moldova, the Human Rights Adviser played a key role in enhancing the coordinated support given by the UNCT to the Government in integrating human rights into the health sector reform process. The integration of human rights into national development planning and budget monitoring processes, at the request of governments (e.g. Ecuador, Mexico). The elaboration of the framework for UN transitional justice activities from the human rights perspective through leading an inter-departmental and inter-agency process resulting in the Secretary-General's Guidance Note on the UN's Approach to Transitional Justice adopted in March 2010. Setting a framework for joint UN work to advance the rights of indigenous people at country level, including through a multi-donor trust fund set up to support targeted interventions in close partnership with indigenous communities, and within the framework of the UN Indigenous Peoples Partnership, in cooperation with ILO and UNDP. The UN Action against sexual violence in conflict, including through chairing the UN Action Multi-Donor Trust Fund until June 2010. The development of indicators to track the implementation of Security Council resolution 1325 and to the UN system-wide action plan and the strategic framework through active participation in the Inter-agency Task Force on women, peace and security.
OHCHR REPORT 2010
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RESEARCH AND RIGHT TO DEVELOPMENT DIVISION
Challenges and lessons learned
United Nations at large. Further exploration of how to best protect witnesses and victims is required to make national and international investigations and prosecutions more effective. OHCHR needs to continue to advocate more effectively and visibly for the inclusion in peace agreements of commitments to
Impunity, including for sexual violence, and the lack of democratic governance and rule of law in many States, particularly those undergoing conflict, remain key challenges for the work of both OHCHR and the
Research and Right to Development Division (RRDD) Voluntary contributions in 2010 Donor
US$
-
0
(a) total contributions to RRDD
0
Earmarking
26,666
Combat impunity and strengthen accountability, the rule of law and democratic societies
26,666
Combat discrimination, in particular racial discrimination and discrimination related to gender and against marginalized population
112,045
Achieving women's human rights: working for greater protection and empowerment
451,807
Developing indigenous networks and strengthening their capacities at the international, regional, national and local levels
Finland
269,906
Gender Adviser in Beirut Regional Office
Germany
Colombia
European Commission
308,261
Rule of law, equality and non-discrimination
Japan
19,414
Rule of law and democrary
Ireland
111,402
Women's rights and gender
Netherlands
391,799
Development and implementation of national action plans against racial discrimination and related intolerance
Norway
41,207
Expert mechanism on the rights of indigenous peoples
Organisation Internationale de la Francophonie
27,854
Workshop for Central African States on national action plans to fight against racism
27,166
Workshop for West African States on national action plans to fight against racism
450,000
Anti-discrimination Unit
50,000
Training activities for representatives of Russian indigenous peoples
100,000
Special Representative on human rights and transnational corporations and other business enterprises
133,869
Women's rights and gender
Russian Federation
Spain Switzerland
9,298
(b) total contributions to specific sections/projects
2,557,359
(c) TOTAL contributions earmarked to RRDD (a) + (b)
2,557,359
Unearmarked funds allocated to RRDD projects*
1,092,932
(d) total uneamarked funds
1,092,932
(e) TOTAL XB funds available for RRDD (c) + (d)
3,650,291
*Includes only allocations from unearmarked funds received in 2010.
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OHCHR REPORT 2010
Consultations on Business and Human Rights
Unearmarked
© Jakupi Sema, Frosina-Grcevska
© Tea Iceva, Tamara Kostadinovska
© Zivko Ivanov, Rodna Deolska
RESEARCH AND RIGHT TO DEVELOPMENT DIVISION
Posters produced by students in the former Yugoslav Republic of Macedonia to celebrate Human Rights Day.
combat impunity, including for sexual violence, and to protect and promote human rights. Increased efforts will also be required in order to overcome challenges to the advancement of the right to development, including a continuing political impasse within relevant intergovernmental bodies, the lack of an informed and mobilized constituency in civil society, and knowledge gaps across the UN system. OHCHR’s objective of promoting greater awareness of all human rights, including the right to development, in the achievement of the MDGs in the run-up to the MDG Review Summit was furthered through strong partnerships with other development and human rights actors, including
States and special procedure mandate-holders, as reflected in the Summit Outcome document. Such partnerships need to be expanded as efforts to implement the Summit Outcome are accelerated by the international community in the lead up to 2015. The needs-assessment on knowledge management in OHCHR was an eye-opener for the organization. It highlighted knowledge management gaps but also a number of good practices in several parts of the Office, including at field level. There is now recognition that these practices need systematization and broader application across the Office to make use of the full potential of the human rights knowledge and experience of the organization.
Research and Right to Development Division (RRDD) RB & XB funds made available for RRDD in 2010 US$
% of total
10,745,000
100.0%
10,745,000
46.5%
0
0.0%
Earmarked funds for specific sections/projects
2,557,359
20.7%
Unearmarked funds from 2010 voluntary contributions allocated by OHCHR to RRDD
1,092,932
8.9%
Unearmarked funds from prior years allocated by OHCHR to RRDD
8,693,854
70.4%
Sub-total XB funds
12,344,145
53.5%
TOTAL RB + XB funds
23,089,145
100.0%
RB funds Regular budget allotment for RRDD Sub-total RB funds XB funds Earmarked funds to RRDD - all projects
OHCHR REPORT 2010
241
HUMAN RIGHTS TREATIES DIVISION
Human Rights Treaties Division Background The human rights treaty bodies are independent committees established under international human rights treaties and composed of experts elected by States Parties. Treaty bodies monitor the implementation of human rights treaties primarily through a system that allows for the periodic reviewing of reports submitted by States Parties to each treaty. Treaty bodies issue recommendations to States Parties, consider individual complaints, adopt general comments and conduct inquiries. One Committee undertakes visits to States Parties aimed at preventing torture and other cruel, inhuman or degrading treatment or punishment. In 2010, OHCHR supported the work of eight treaty bodies mandated to monitor implementation related to core international human rights treaties (and two Optional Protocols to the Convention on the Rights of the Child) and one treaty body mandated to carry out country visits under the Optional Protocol to the Convention against Torture (OPCAT). The nine treaty bodies serviced in 2010 comprised: u u u u u u u u u
The Human Rights Committee (HRCommittee) The Committee on Economic, Social and Cultural Rights (CESCR) The Committee on the Elimination of Racial Discrimination (CERD) The Committee on the Elimination of Discrimination against Women (CEDAW) The Committee against Torture (CAT) The Subcommittee on Prevention of Torture (SPT) The Committee on the Rights of the Child (CRC) The Committee on Migrant Workers (CMW) The Committee on the Rights of Persons with Disabilities (CRPD).
In addition to the organization of the sessions, OHCHR support to treaty bodies includes undertaking country analyses, formulating lists of issues, and assisting in the drafting of detailed, focused and concrete concluding observations and decisions. The Office also provides advice to States Parties and civil society and conducts training on reporting and implementation of recommendations. Recommendations are used in other areas of the Office's work, including in supporting special
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OHCHR REPORT 2010
procedures, thematic research and activities and OHCHR field presences. The Office’s support for treaty bodies is handled by staff in the Human Rights Treaties Division (HRTD), which also has responsibility for the Secretary-General’s Study on Violence against Children, the Universal Human Rights Index, the United Nations Voluntary Trust Fund for Victims of Torture (see chapter on Funding), the inclusion of treaty bodies’ outputs in the documentation for the Universal Periodic Review (UPR), the Open-ended Working Group on an optional protocol to the Convention of the Rights of the Child and the regional seminars on prohibition of incitement.
Results Ratification (EA2) With regard to ratifications, OHCHR’s advocacy work has contributed to two additional ratifications of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW); three additional ratifications of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR); and 26 new ratifications concerning treaties with discrimination-related provisions (International Convention on the Elimination of All Forms of Racial Discrimination [ICERD], International Covenant on Civil and Political Rights [ICCPR], ICRMW and CRPD). In addition, the European Union ratified the CRPD in December 2010 and two States Parties to CEDAW (partially) withdrew reservations.
u
State engagement with human rights mechanisms (EA6) u Through capacity-building work, OHCHR contributed to increased reporting by Member States with regard to migrants' rights in the context of core international human rights treaties, especially CRC, CEDAW, CERD and CESCR; with regard to human rights instruments with discrimination-related provisions, a total of 139 reports were received under the treaty body procedures. u The Division coordinated and engaged with other divisions on complaints pending under the individual complaints procedures of the treaty bodies.
HUMAN RIGHTS TREATIES DIVISION
© OHCHR
campaign, which led to increased awareness of the Convention among different stakeholders, in particular civil society organizations.
Participant at the 4th session of the Committee on the Rights of Persons with Disabilities, October 2010. u
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A total of 12 capacity-building and training activities were carried out with States Parties, upon their requests, on the common core document and treaty-specific guidelines, reporting, individual communications and follow-up to recommendations in Bahrain, Belarus, Cape Verde, China (Hong-Kong SAR), Japan, Kazakhstan, FYR Macedonia, Mexico, Peru, Qatar, Senegal and Turkmenistan. As a result, human rights mechanisms benefited from detailed information at the national level which in turn is expected to lead to more concrete and focused recommendations. The Office launched on the 10th anniversary of the adoption of the two Optional Protocols to the CRC (25 May 2010) a two-year ratification campaign for the Protocols, aiming at universal ratification by 2012. The Division engaged with a number of stakeholders on the issue of children’s rights through two workshops, one on the Optional Protocol to provide a communications procedure for the Convention on the Rights of the Child and the other in relation to child-sensitive counseling, complaint and reporting mechanisms. In 2010, the Universal Human Rights Index (Index) was transferred to OHCHR. This search engine provides access to all the recommendations of treaty bodies and special procedures and also increasingly includes recommendations generated through the UPR process. The Index consequently becomes a research tool for finding recommendations deriving from all human rights mechanisms.
Civil society engagement with human rights mechanisms (EA7) u HRTD coordinated the Steering Committee for the Ratification of the ICRMW and its 20th anniversary
International and regional laws and institutions (EA8) u An internal study on treaty body jurisprudence in relation to OHCHR’s thematic strategies for 2010 and 2011 will be released during the second quarter of 2011. u With HRTD support, CESCR held a day of general discussion on the right to sexual and reproductive health, and CRPD on accessibility with the view to developing general comments. u The HRCommittee developed a first draft of a general comment on article 19 of the ICCPR. u CEDAW adopted general recommendations on older women, and on the core obligations of States Parties under article 2 of the Convention. u CMW adopted its first general comment on the rights of migrant domestic workers. u A total of 120 decisions on individual communications were adopted by four out of the five Committees with an individual communications procedure (HRCommittee, CERD, CEDAW, and CAT; communications, as of end 2010, have been completed for CRPD to consider them. u The Office supported the development of a complaints procedure on children's rights through the servicing of the Open-ended Working Group on the drafting of an optional protocol to the CRC. u The Office prepared regional studies on relevant legislation, jurisprudence and policies on the prohibition of incitement to hatred and sought contributions from Member States, United Nations programmes and agencies, regional organizations, national human rights institutions (NHRIs) and civil society for four regional workshops to be held in 2011. Coherence among human rights mechanisms (EA9) u HRTD has encouraged and facilitated dialogue among different stakeholders to develop ideas and proposals for the further strengthening of the treaty body system. The High Commissioner requested all stakeholders to re-think the future of treaty bodies and to come up with innovative and creative ideas. In response, and after the meeting of treaty body members in Dublin in 2009, a number of stakeholders organized consultations in 2010 in Marrakesh, Morocco (meeting of NHRIs) and in Poznan, Poland (meeting of treaty body Chairpersons and experts). Some 20 NGOs have also made a written contribution to the process.
OHCHR REPORT 2010
243
HUMAN RIGHTS TREATIES DIVISION
u
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OHCHR started to organize a series of consultations (one was held in 2010 and four are planned for 2011) that bring treaty body experts together during one Saturday of each treaty body session, with a view to providing an open space for free thinking in which treaty body members can identify options for the future of their work and the strengthening of the treaty body system as a whole, including by addressing their working methods. These consultations also provide a platform for discussing issues tabled by the Inter-Committee Meeting and the Meeting of Treaty Body Chairpersons in order to identify in advance grounds for agreement. The Office also contributed to improving the format of the Inter-Committee Meeting and Annual Meeting of Treaty Body Chairpersons. This was done by converting the former into thematic working groups and by holding the latter outside of Geneva, for the first time ever, to bring it closer to implementation level. The Division encouraged the submission of common core documents through training and outreach activities. This has contributed to the submission by States Parties of 11 new common core documents, making it a total of 38 documents.
© OHCHR/Brussels
Responsiveness of the international community (EA10) u The Office contributed to increased reporting by States Parties under human rights instruments; increased compliance with follow-up procedures under CERD, ICCPR, CAT and CEDAW; and supported the preparation of new instruments and treaty bodies, such as the Convention on Enforced Disappearances and its corresponding monitoring body.
Annual Meeting of treaty body chairpersons held in Brussels, July 2010.
244
OHCHR REPORT 2010
Global Management Outputs Sharing OHCHR’s strategic direction (GMO1) HRTD established a new section, the Capacity Building and Harmonization Section, under which five staff are working towards enhancing the outreach of the treaty body system, developing studies on good practices, coordinating in-house training expertise on the treaty bodies and moving forward on harmonizing the working methods of the secretariat as well as the treaty bodies themselves. All secretaries of treaty bodies meet once a week to make recommendations on how to harmonize secretariat working methods. u HRTD started implementing the recommendations of the external consultant hired to assess the required human resources and make proposals for harmonizing working methods of the secretariat. Following the consultant’s report, HRTD organized an inter-divisional retreat in order to discuss suggestions for further improvements to workflows within the Division and with other divisions, especially with FOTCD and OHCHR field presences. u In 2010, HRTD also strengthened its internal communication strategy, through regular Division meetings, messages from the Director on important developments, daily and summary notes of treaty body sessions, weekly updates, quarterly newsletters, email lists on concluding observations, a welcome package for new staff, and weekly chiefs of section and treaty body secretaries meetings. The Division also held an all-staff retreat to brainstorm on ideas to improve working methods, in particular with regard to other divisions. u
Š OHCHR
HUMAN RIGHTS TREATIES DIVISION
Election of members to the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, October 2010. u
HRTD was engaged in 17 capacity-building activities in the field, in cooperation with other divisions, with States Parties (12) and other stakeholders (five) including regional organizations and NGOs, both on follow-up to treaty body recommendations as well as on the preparation of reports.
Transparent and timely decision-making (GMO2) u Staff was regularly informed, through e-mail and meetings, of strategic discussions and asked to provide input, where relevant. The HRTD internal communication strategy has greatly contributed to the sense of ownership of Division decisions. For example, all HRTD staff members were given the chance to express their thoughts and opinions prior to, during, and after the study conducted in 2010 to come up with proposals for harmonizing the working methods of the secretariat in relation to the treaty bodies. Servicing human rights mechanisms (GMO4) u HRTD prepared an analysis of the existing follow-up procedures of treaty bodies in order to enhance their complementarities. In addition, a consultant was hired to conduct a study on jurisprudence and the findings of the treaty bodies in relation to OHCHR’s thematic strategies.
u
The internal report will be released during the first quarter of 2011. On behalf of the Committee members, HRTD officially informed Member States of the recommended length of States Parties reports to treaty bodies, emphasizing that translation cannot be guaranteed if the recommended length is exceeded.
Supporting field operations (GMO5) HRTD started implementing the recommendations of the study referred to under Output 2 in order to improve the workflows between HRTD and other divisions, including with the field (e.g. in the elaboration of lists of issues and concluding observations).
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Skills and competencies (GMO6) HRTD staff members, as part of their regular evaluation, participated in internal training courses and thematic briefings. In addition, Division staff members are continuously informed, through internal communication tools, about relevant developments and outcomes of treaty body processes, such as concluding observations, jurisprudence and general comments/days of discussion, all of which are relevant to OHCHR global thematic strategies.
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OHCHR REPORT 2010
245
HUMAN RIGHTS TREATIES DIVISION
Website (GMO7) u HRTD has encouraged treaty bodies to adopt and implement a communications strategy. Concluding observations adopted by treaty bodies are posted on the website at the end of each session, in an advance unedited version, in order to ensure their immediate dissemination. Since April 2010, HRTD has posted on the Office’s website its quarterly newsletter with treaty body highlights, including interviews, analysis of decisions, and activities reported by OHCHR field presences.
Challenges and Lessons Learned Over the past years, there have been many developments that have resulted in an enormous growth in HRTD's work load. Since 2004, the treaty body system almost doubled in size with the addition of three new treaty bodies; the creation of three new individual complaints procedures; a steady increase in the ratification of and reporting to international human rights treaties, also accentuated recently by the new UPR mechanism; the establishment of follow-up procedures by four treaty bodies to monitor the implementation of their respective recommendations; and the new reporting procedure which includes the preparation and submission of lists of issues to States Parties prior to the submission of their respective periodic report. The expansion of the existing human rights mechanisms, which in itself undoubtedly constitutes a major success, presents OHCHR with serious challenges in terms of providing the most appropriate support to the system, as human resources have not grown proportionally to the system's growth. In addition, in the existing system if all States Parties were to comply more strictly with their reporting obligations, the system would collapse and would be blocked by the backlogs created. While achieving universal ratification, withdrawal of reservations and timely reporting by State Parties to treaty bodies remain ongoing objectives. In 2010, HRTD identified as a main challenge its contribution to better implementing treaty body recommendations at the national level. It must nonetheless be recalled that while these recommendations are an integral part of OHCHR country engagement strategies, their actual implementation mainly remains the responsibility of States Parties.
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OHCHR REPORT 2010
Treaty Bodies in Figures
Nine core international human rights treaties and nine treaty bodies 31 new ratifications in 2010 Over
120 States Parties reports considered
264 reports pending consideration 15,000 pages of documentation processed by year end (States Parties reports, list of issues, concluding observations, views and decisions) Some
7,000 recommendations adopted
120 decisions/views adopted (511 in process) 70 weeks in session (an extension of one additional week per session for both CAT and CERD was approved by the General Assembly at the end of 2010)
172
treaty body experts as of 2010, versus 137 at the end of 2009
HUMAN RIGHTS TREATIES DIVISION
Treaty
Treaty Body
International Covenant on Civil and Political Rights and its two optional protocols
Human Rights Committee
International Covenant on Economic, Social and Cultural Rights and its Optional Protocol
Committee on Economic, Social and Cultural Rights (CESCR)
Competence l
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International Convention on the Elimination of All Forms of Racial Discrimination
Committee on the Elimination of Racial Discrimination (CERD)
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Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol
Committee on the Elimination of Discrimination against Women (CEDAW)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Committee against Torture (CAT)
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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT)
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Reviews reports submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of issues) Considers individual and inter-State complaints Reviews reports submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of issues) Considers individual and inter-State complaints (not yet in force) Conducts inquiries on the basis of reliable information received indicating grave or systematic violation of the Covenant by a State Party (not yet in force) Reviews reports submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of themes) Considers individual and inter-State complaints Reviews reports submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of issues) Considers individual and inter-State complaints Conducts inquiries on the basis of reliable information received indicating grave or systematic violation of the Convention by a State Party Reviews reports submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of issues) Considers individual and inter-State complaints Conducts inquiries on the basis of reliable information received indicating serious or systematic violation of the Convention by a State Party Conducts visits to places of deprivation of liberty and issues recommendations to States Parties Advises and assists States Parties, when necessary, in the establishment of national preventive mechanisms (NPMs) Maintains direct, and if necessary confidential, contact with NPMs Cooperates, for the prevention of torture in general, with the relevant United Nations organs and mechanisms, as well as with international, regional and national institutions or organizations
Convention on the Rights of the Child and its two optional protocols
Committee on the Rights of the Child (CRC)
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Reviews reports under the Convention and two optional protocols submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of issues)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Committee on Migrant Workers (CMW)
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Reviews reports submitted by States Parties and issues recommendations to States Parties (concluding observations and lists of issues) Considers individual and inter-State complaints (not yet in force)
Convention on the Right of Persons with Disabilities and its Optional Protocol
Committee on the Rights of Persons with Disabilities (CRPD)
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Reviews reports submitted by States Parties and issue recommendations to States Parties Considers individual complaints Conducts inquiries into reliable information received indicating grave or systematic violation of the Convention by a State Party
OHCHR REPORT 2010
247
HUMAN RIGHTS TREATIES DIVISION
Human Rights Treaties Division (HRTD) Voluntary contributions in 2010 Donor
US$
Germany
Earmarking
1,300,755
HRTD
170,380
HRTD
18,450
HRTD
Norway
494,478
HRTD
Spain
150,602
HRTD
Ireland Liechtenstein
(a) total contributions to HRTD - all bodies Argentina
2,134,666 7,000
Committee against Torture (CAT)
Czech Republic
10,272
OPCAT Special Fund
Organisation Internationale de la Francophonie
40,661
Training on ESCR in Burkina Faso
Spain
26,774
OPCAT Special Fund
United Kingdom
824,089
OPCAT Special Fund
(b) total contributions to specific bodies/projects
908,795
(c) TOTAL contributions earmarked to HRTD (a) + (b)
3,043,461
Unearmarked funds allocated to HRTD*
382,377
(d) total uneamarked funds
382,377
(e) TOTAL XB funds available for HRTD (c) + (d)
Unearmarked
3,425,838
*Includes only allocations from unearmarked funds received in 2010.
Human Rights Treaties Division (HRTD) RB & XB funds made available for HRTD in 2010 US$
% of total
8,632,500
100.0%
8,632,500
64.0%
2,134,666
44.0%
47,661
1.0%
Earmarked funds to OPCAT Special Fund
861,134
17.8%
Unearmarked funds from 2010 voluntary contributions allocated by OHCHR to HRTD
382,377
7.9%
1,424,601
29.4%
Sub-total XB funds
4,850,439
36.0%
TOTAL RB + XB funds
13,482,939
100.0%
RB funds Regular budget allotment for HRTD Sub-total RB funds XB funds Earmarked funds to HRTD - all bodies Earmarked funds for HRTD specific bodies/projects
Unearmarked funds from prior years allocated by OHCHR to HRTD
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OHCHR REPORT 2010
FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Field Operations and Technical Cooperation Division As the operational division of OHCHR, the Field Operations and Technical Cooperation Division (FOTCD) supports the work of human rights field presences and leads OHCHR’s dialogue with and activities in countries on human rights issues. In doing so, it works in conjunction with other parts of the Office, UN partners, government actors, national human rights institutions (NHRIs), and civil society organizations. Strengthening the national human rights protection system, enhancing the implementation of international human rights norms at country level, and preventing and reducing human rights violations are the main goals of the Office, which are pursued through its headquarters and field-based activities.
Š OHCHR/Nepal
Background
Through its field presences, OHCHR specifically seeks to ensure that national authorities and civil society actors have the capacity to address human rights concerns and are better informed about international human rights standards and how to translate these into laws, regulations and policies, ensuring that rights-holders are better protected and empowered. In particular, OHCHR supports efforts to establish or strengthen justice and accountability mechanisms at national level, including better monitoring and investigation and redress of violations of civil, political, economic, social and cultural rights in line with recommendations resulting from the international human rights mechanisms as well as those from the High Commissioner for Human Rights.
OHCHR staff monitoring a demonstration in Nepal, May 2010.
FOTCD also leads efforts to strengthen cooperation and dialogue between international and regional human rights mechanisms, including the African Union (AU), the European Union (EU), the Organization of American States (OAS) and inter-governmental organizations such as the Organization of the Islamic Conference (OIC), the International Organization of the Francophonie (OIF), the League of Arab States (LAS), the Commonwealth of Nations (CW) and the Association of Southeast Asian Nations (ASEAN). The Division represents the operational arm of OHCHR in its
u
growing worldwide partnerships with development actors (especially UNDP); humanitarian actors (especially UNHCR); and UN Peace Missions (especially the Department of Peacekeeping Operations [DPKO] and the Department of Political Affairs [DPA]) aimed at advancing the promotion and protection of human rights. Furthermore, FOTCD provides senior United Nations officials, in particular the High Commissioner, with strategic advice regarding human rights matters when engaging with Member States and regional organizations.
Results Ratification (EA2) Advocated, through targeted actions like the organization of regional seminars, for the ratification of the following conventions: the Convention on the Rights of Persons with Disabilities (CRPD), in Malaysia, Maldives, St. Vincent and the Grenadines; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), in St. Vincent and the Grenadines; the International Covenant on Civil and Political Rights (ICCPR) in Pakistan; and the Convention against Torture (CAT) in Pakistan.
OHCHR REPORT 2010
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FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
u
The Division supported field presences in the dissemination of information and the organization of workshops/seminars on preparation for the UPR process in Afghanistan, Angola, Bolivia, Fiji, Guinea, Honduras, Iraq, Kenya, Kyrgyzstan, the Lao People’s Democratic Republic, Liberia, Maldives, the Marshall Islands, Micronesia, Myanmar, Nauru, Nepal, Nicaragua, Niger, Palau, Panama, Papua New Guinea, Paraguay, Rwanda, Samoa, Sao Tome and Principe, the Solomon Islands, Sudan, Tajikistan, Thailand, Timor-Leste, Togo and Venezuela, and on the preparation of reports to treaty bodies in Cambodia, Nepal and Turkmenistan.
© UN Photo/Devra Berkowitz
Justice and accountability mechanisms (EA3) u Two members of staff were deployed to Karamoja to support the work of OHCHR-Uganda in monitoring and investigating human rights violations in the context of the disarmament process. As a result of the Division’s investigations and the attention that the international community paid to these incidents, the Uganda Peoples Defense Force stopped committing violations like the ones reported in the first half of the year and other measures for disarmament were put in place. u With the support of the Division, a UN Panel of Experts was established to advise the Secretary-General on accountability issues in Sri Lanka. u A report analyzing national and provincial witness protection programmes in Argentina was prepared by an external consultant, with the guidance of the Division, in order to contribute to the debates on new witness protection
The Deputy High Commissioner speaks at a special meeting on the safeguarding of human rights in humanitarian emergency response efforts.
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legislation. It was to be presented to Argentinean authorities during a seminar in 2011. State engagement with human rights mechanisms (EA6) u The Division supported a large number of countries in the preparation of their reports to human rights bodies, including the UPR and treaty bodies, by holding workshops at regional or country level and by providing technical advice. As a result, Governments, NHRIs and other stakeholders were better prepared for their reporting responsibilities. u FOTCD examined and responded to six formal requests for assistance in implementing UPR recommendations. The requests were from Cape Verde, Tuvalu, Ecuador, the Democratic Republic of the Congo, Burkina Faso and Chad. u As part of on-going activities in other countries, OHCHR also assisted a number of States and stakeholders in the follow-up to UPR outcomes and recommendations by supporting the dissemination of information on the UPR outcomes; elaborating comprehensive national road maps or actions plans; analyzing UPR recommendations together with those from other UN human rights mechanisms; integrating UPR recommendations into existing/new national human rights action plans and relevant development policies; and identifying needs for technical assistance and financial resources. u Jointly with UNDP regional offices, the Division organized two subregional workshops to facilitate the sharing of experiences on the follow-up to UPR outcomes and the implementation of UPR recommendations, with the participation of State representatives as well as representatives from NHRIs and civil society. u The Division also supported special procedures country mandates appointed by the Human Rights Council (HRC) as well as other mandated reports to the Council and the General Assembly. Responsiveness of the international community (EA10) u In coordination with the HRC and Special Procedures Division, FOTCD provided information and advice to the Bureau of the Human Rights Council on the human rights situation in Ecuador following the violent events that occurred during the police revolt on 30 September. The President of the Council issued a public statement condemning the violence in Ecuador and asking for due respect for human rights. u The Division provided inputs for the High Commissioner’s statement before the HRC
© UN Photo/Albert Gonzalez Farran
u
u
advocating for a human rights-based approach (HRBA) to be used in the reconstruction of Haiti. This statement contributed to the increased responsiveness of the international community to the situation in Haiti. For example, one of the members of the Haiti Reconstruction Commission, Norway, advocated for the integration of human rights into the activities of the Commission. FOTCD supported the participation of OHCHR’s delegation when the High Commissioner held the chairmanship of the Global Migration Group for the Global Forum on Migration and Development in Mexico. OHCHR’s participation in the Task Force on Migration contributed to the 16 Global Migration Group agencies’ issuance of a joint statement in which they called on the international community to stop discrimination and abuses against migrants in an irregular situation and to deploy protection efforts for international migrants from a human rights perspective. The Division supported the visit of the Deputy High Commissioner to Somalia in September 2010, as well as visits by the Independent Expert on the situation of human rights in Somalia and the Special Representative of the Secretary-General (SRSG) for Children and Armed Conflict. These visits provided the Somali authorities with practical and workable recommendations in the hazardous context of armed conflict and at the same time raised the
u
profile of Somalia on the international human rights agenda. Gathered background material and prepared analysis for the High Commissioner and the Deputy High Commissioner to support their public advocacy efforts during missions to a number of countries and regions, including to Bahrain, Bolivia, Cambodia, Democratic Republic of the Congo, Iceland, Italy, Japan, Jordan, Republic of Korea, Kuwait, Kyrgyzstan, Mexico, Oman, Panama, Qatar, Saudi Arabia, Somalia, South Africa, Sweden, Thailand, Uganda, and the United Arab Emirates.
Human rights mainstreaming within the United Nations (EA11) u Following its increased engagement in humanitarian crises, OHCHR has become a recognized actor in humanitarian response and is leading or co-leading the protection clusters in a number of field presences, including in Haiti, Kyrgyzstan, Nepal, Timor-Leste, the occupied Palestinian territory and the Pacific region. u The Common Country Assessment/United Nations Development Assistance Framework (CCA/UNDAF) of the Dominican Republic incorporated human rights-related aspects. The Division provided technical advice and inputs on standards and norms to the UN Country Team (UNCT). u As a result of FOTCD’s engagement with the UNCT in Indonesia, human rights concerns and
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FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
u
u
activities were included in the work of UNFPA, in the UN Joint Programme on HIV/AIDS and in the Gender Technical Working Group. The Division contributed to the effective implementation of a HRBA in the UNDAF processes in the Republic of Maldives and in Mongolia. It also contributed to the reconfiguration of the United Nations Integrated Office in Burundi (BINUB) to the United Nations Office in Burundi (BNUB) through the Strategic Assessment Mission and the Integrated Task Force. As a result, human rights and justice issues were established as top priorities for the new UN mission in Burundi.
Global Management Outputs Sharing OHCHR’s strategic direction (GMO1) u Standard Operating Procedures on the use and activation of the Rapid Deployment Roster were drafted, endorsed and shared with headquarters and field presences. u The Division increased its level of communication with staff in the field on developments on the ground and on the overall strategy of OHCHR’s approach to field work through daily discussions with field staff on individual cases; monthly bulletins to flag ongoing developments in the field; coordination meetings with geographic desk officers; and focused sessions during the annual consultation with heads of field presences. Transparent and timely decision-making (GMO2) u Strategic decision-making concerning OHCHR’s leadership role of the protection clusters in both the Haiti and Kyrgyzstan crises was made in a timely manner. Following these decisions, FOTCD coordinated the appropriate provision of operational support (including deployments from the Office’s Rapid Response capacity and release of funds from the Contingency Fund) to field colleagues in order to respond to these crises. u In order to support effective and timely decision-making by Senior Management in situations of concern, OHCHR has started to produce fortnightly watchlists as well as Early Warning - Early Action reports. Leading human rights mainstreaming (GMO3) u Based on lessons learned from the Haiti crisis, FOTCD contributed to the shaping of Inter-Agency Standing Committee (IASC) priority areas to improve and guide future multilateral humanitarian responses, with a particular focus on the need for a system-wide accountability
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OHCHR REPORT 2010
u
u
u
framework and the strengthening of humanitarian leadership and coordination mechanisms. Strengthened coordination with the Protection Standby Capacity Steering Committee (ProCap) to ensure that human rights considerations and a HRBA remain fully integrated across ProCap deployments. FOTCD coordinated with OCHA, UNHCR and UNICEF for the establishment of the new leadership arrangement for the Protection Cluster in situations of natural disasters, to be piloted during 2011. Through this arrangement, OHCHR has technically become the second default lead of the Protection Cluster in these emergency situations. Supported the increased engagement of OHCHR Senior Management in IASC Working Group meetings, Emergency Directors Team Meetings and IASC Principals meetings.
Servicing human rights mechanisms (GMO4) FOTCD led in-house consultations for the definition of an Office-wide strategic approach to promoting and supporting the follow-up and implementation of UPR outcomes and recommendations. A system to track OHCHR activities in support and follow-up to outcomes from all UN human rights mechanisms is being developed. u The Division supported the HRC’s mandated Commission of Inquiries and fact-finding missions, specifically the establishment of the commission to investigate the violations of international law resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance (resolution A/HRC/14/1) and two resolutions concerning the follow-up to the implementation of the Goldstone Commission’s recommendations (A/HRC/13/9 and A/HRC/15/6). The corresponding reports were submitted to the HRC in its 15th and 16th sessions. u A list of potential high-level experts to be part of the HRC and Secretary-General mandated commissions of inquiries and fact-finding missions was established and maintained. u FOTCD supported the organization of several workshops worldwide to train NHRIs and NGOs on the UPR process. In the case of Somalia, for example, UPR briefings and trainings for civil society contributed to the submission of a significant number of NGO contributions (in total, 50 NGOs were involved in submitting 26 contributions to the UPR). u A set of recommendations to HRC’s members with regard to the response to the Haiti emergency was produced, as mandated by the HRC during the special session on Haiti. u
© UN Photo/Martine Perret
FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Supporting field operations (GMO5) u The Division supported the Office’s field presences in leading the local protection clusters in the occupied Palestinian territory, Nepal, the Pacific Region and Timor-Leste, and especially during the crises in Haiti and Kyrgyzstan (where the Central Asia Regional Office led the human rights sub-cluster), thereby contributing to the effective coordination of the humanitarian inter-agency processes. u On the basis of lessons learned from engagement in humanitarian crisis response, checklists on OHCHR’s engagement in humanitarian crisis response were developed to guide the Office’s engagement in this field, including when playing a lead role in field protection clusters. The checklists were disseminated at headquarters and to all field presences. u FOTCD managed the Rapid Deployment Roster, staffed by 109 members (human rights and administrative officers), which was activated on seven occasions with a total of 18 staff deployed to support field operations, most notably to Haiti and Togo. u The draft joint policy directive with DPKO, DPA and the Department of Field Support (DFS) was reviewed. In addition, a comprehensive review of human rights integration in DPA-led special political missions was undertaken, resulting in a framework for enhanced operational cooperation between DPA and OHCHR. The Division also contributed to the development of other policies relevant to human rights in peace missions, including the Operational Framework for Protection of Civilians, guidelines on protection strategies, the conditionality policy as well as various guidelines on integrated planning processes. u Together with the Research and Right to Development Division, FOTCD supported the rolling out of the human rights case management database project in Mexico, Uganda, Burundi, Côte d’Ivoire, Sudan and Darfur. u FOTCD supported the field offices in Colombia, Bolivia, Nepal and Cambodia in achieving the renewal of their respective mandates. Skills and competencies (GMO6) u The Division trained 101 human rights staff from field presences on how to use the human
u
u
rights database, providing them with an increased understanding of investigation and documentation methodologies. Members of the Rapid Deployment Roster were trained on human rights investigations and human rights mainstreaming in humanitarian action. Through the organization of two regional consultations on OHCHR’s engagement in humanitarian action, FOTCD raised awareness and shared strategic direction with 12 heads of field presences on the Office’s role in humanitarian action, including its lead role within the Protection Cluster.
Website (GMO7) FOTCD supported the translation of the OHCHR website into Russian (already launched) and Chinese (to be launched soon).
u
Resources (GMO8) The Division provided support to colleagues in the field and the Donor and External Relations Section for preparing funding proposals, in particular in the cases of Central Emergency Response Fund submissions for the Central African Republic, Haiti and Kyrgyzstan; applications to the peacebuilding funds for Nepal and Sierra Leone; and submissions from Uganda and Papua New Guinea to other multi-donor trust funds. A total of US$1,691,057 was received subsequent to these requests.
u
Challenges and Lessons Learned The cases of Haiti and Kyrgyzstan have shown that OHCHR needs to further reflect on how to become an office that is able to respond more effectively to emergency situations. OHCHR has still to improve the structure of its emergency operations, not only in terms of the substantive capacities needed, but also on the administrative support provided to these operations, including procedures for releasing funds quickly and for deploying personnel on the ground as soon as they are needed. OHCHR’s participation in humanitarian action also demands closer engagement and institutionalized procedures for cooperating with the UN system.
OHCHR REPORT 2010
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FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
UPR: Country-level Results While the UPR first cycle is to be completed in 2011, a number of States have voluntarily started to share information on progress made to date. OHCHR is involved in assisting Member States, at their request, to establish follow-up mechanisms and advance the implementation of key recommendations and voluntary commitments. As per Human Rights Council resolution 5/1, during the second cycle States will be reporting on progress made in the implementation of UPR outcomes. Examples of steps taken to date, as reported by States, include: Chile (examined in 2009) l Ratified the Rome Statute. The Netherlands (examined in 2008) l Is developing a framework curriculum for human rights education. l Submitted to Parliament a legislative proposal that aims to improve the quality of the current asylum application procedure.
l
l
l
l
The Ministry of Interior established a specialized unit to investigate and combat crimes of human trafficking. Ratified the United Nations Convention against Corruption. Enacted article 25 of the Law Regulating Labour Market, giving foreign labour the right to move to another employer. Issued a second progress report summarizing the implementation of Bahrain’s UPR recommendations, voluntary pledges and commitments in 2010.
Romania (examined in 2008) l A new strategy on Equal Opportunities for Men and Women 2010-2012, which aims at mainstreaming a gender approach in policies and programmes, has been adopted. l The Civil and Criminal Procedures codes were adopted in 2010, as essential steps in fulfilling the justice reform process. Ecuador (examined in 2008) With the assistance of OHCHR, Ecuador is developing a tracking system to follow-up on its voluntary pledges and recommendations from all UN
l
Bahrain (examined in 2008) l Requested assistance from OHCHR to develop a human rights educational curriculum.
l
l
l
l
human rights mechanisms, including those from the UPR. Is in the last stages of the internal process for the ratification of the Optional Protocol to the Convention against Torture. Developed a model for the Comprehensive Assistance to Persons Deprived of their Liberty in accordance with international standards. In 2010, organized a national forum to establish a mechanism to follow-up on recommendations on the rights of afro-descendents. Launched the National Agenda for the Youth 2010-2013.
France (examined in 2008) Ratified the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED), the Convention on the Rights of Persons with Disabilities (ICRPD) and its Optional Protocol, and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). l Reinforced its legislative framework to effectively prevent and sanction incitement to religious or racial hatred. l
National Institutions and Regional Mechanisms Section
Š OHCHR/South Africa
Background
Subregional seminar on the strengthening and establishment of national human rights institutions in Southern Africa, December 2010.
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OHCHR REPORT 2010
Independent and effective national human rights institutions (NHRIs) are fundamental elements of a strong national human rights protection system as they have a key role in the implementation, on a national level, of international human rights norms and standards. OHCHR, through its National Institutions and Regional Mechanisms Section (NIRMS), works in close collaboration with such institutions and their regional networks, as well as with governments and relevant NGOs, toward establishing and strengthening national institutions in accordance with the Paris Principles.
FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Results National laws, policies and institutions (EA1) u The Section provided legal and technical advice to 18 States to support the establishment of NHRIs in their respective countries, including Benin and Burundi, and to 34 NHRIs in strengthening their capacity in line with the Paris Principles. OHCHR also held a subregional seminar on the strengthening and establishment of NHRIs in Southern Africa (7-9 December). u Twenty-six NHRIs were reviewed by the International Coordinating Committee of National Human Rights Institutions (ICC) and 11 were accredited with "A" status, fully in compliance with the Paris Principles. OHCHR provided substantive and secretariat support to ICC's Sub-Committee on Accreditation aimed at insuring a rigorous and transparent accreditation process based on an objective assessment of NHRIs' compliance with the Paris Principles. u OHCHR, in cooperation with the Scottish Human Rights Commission and the ICC, organized the 10th International Conference of NHRIs in October 2010 with the theme “Business and Human Rights, the role of NHRIs.” Approximately 100 participants attended, including representatives from NHRIs, NGOs, governments and international experts. A Declaration was adopted at the end of the Conference providing a framework for addressing human rights in the business sphere including the State's duty to protect against corporate human rights abuses, the corporate responsibility to respect human rights and the
principle of access to remedy for victims of corporate abuses. OHCHR provided substantive and administrative support to the organization of this conference and facilitated the travel of representatives from NHRIs and NGOs from least developed countries. Civil society engagement with human rights mechanisms (EA7) u Following the outcome of the Durban Review Conference and with the support of OHCHR, NHRIs are more actively cooperating with UN human rights mechanisms on anti-discrimination issues. An interactive webpage was developed where NHRIs share their experiences and challenges in this area. International and regional laws and institutions (EA8) u In accordance with resolution (A/HRC/RES/12/15), the Section organized an international workshop on "Enhancing cooperation between international and regional human rights mechanisms", which was held in Geneva, on 3-4 May 2010. A report on the findings of the workshop was submitted to the Human Rights Council (A/HRC/15/56). Human rights mainstreaming within the United Nations (EA11) u OHCHR developed and launched, together with UNDP, a toolkit containing human rights standards to be used by UN Country Teams (UNCTs) in their activities on supporting the establishment or strengthening of NHRIs.
UPR Voluntary Fund for Financial and Technical Assistance In 2007, the Human Rights Council established a new financial mechanism called the UN Voluntary Fund for Financial and Technical Assistance (resolution 6/17), with a view to providing, in conjunction with multilateral funding mechanisms, a source of financial and technical assistance to help countries implement recommendations set forth by the UPR, in consultation with, and with the consent of, the country concerned. In 2009, the terms of reference for the UPR Trust Fund were defined to provide funding for:
l
l
The dissemination of information on the UPR outcomes with a view to mobilizing support for the countries concerned, and the integration of the UPR outcomes into United Nations common country programming documents, including the United Nations Development Assistance Framework (UNDAF). The coordination of multilateral, bilateral and UN agencies’ action in support of the UPR outcomes, including the conducting of needs assessments as well as the formulation of programmes and projects aimed at implementing the UPR outcomes.
l
l
l
l
The exchange of information and sharing of best practices, including through the organization of regional and sub-regional meetings, seminars, consultations and other interactions. The development of national capacity and expertise for the implementation of the UPR outcomes. The co-funding of programmes and projects aimed at implementing the UPR outcomes. The regular follow-up, with the national bodies and institutions concerned, of actions to implement the UPR recommendations.
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FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Challenges and lessons learned The increased establishment and strengthening of NHRIs contributes to the sustainability of UNCTs’ efforts in the areas of good governance, human rights and the rule of law, while also ensuring national ownership of human rights. The Section will continue working closely with such institutions, governments, UNCTs and NGOs in promoting the establishment of strong national human rights protection systems.
Peace Missions Support and Rapid Response Section
The Peace Missions Support and Rapid Response Section (PMSRRS) works to strengthen OHCHR’s capacity to take action on emerging human rights situations and to ensure that protection concerns are integrated into the UN system’s response to humanitarian crises. In addition to its rapid response role, the Section also supports the human rights components of peacekeeping and political missions by assisting with mission planning, recruitment and training as well as with the development of policies designed to help integrate human rights into their work. To fulfill this role, the Section maintains an internal preparedness capacity, carries out fact-finding missions, and engages with other UN departments, agencies and programmes, as well as inter-agency forums, to provide guidance on relevant human rights standards.
Results National laws, policies and institutions (EA1) u Following the official requests of the Togolese and Guinean Governments, OHCHR deployed Rapid Deployment Missions to Togo in February and Guinea in June to monitor and report on the human rights situation during the elections taking place in the countries. The missions effectively contributed to the prevention of human rights violations while helping to preserve a climate of stability during the electoral periods in both countries. u As a response to the communal violence in southern Kyrgyzstan in June, a Rapid Deployment Mission comprising 11 staff members was temporarily deployed for four missions, each lasting two weeks, in June, July, August and September. As a result of the Section’s engagement, the protection capacity of local and international partners was
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OHCHR REPORT 2010
© MINUSTAH
Background
MINUSTAH's premises in Port-au-Prince after the earthquake.
strengthened and a plan for an OHCHR temporary mission in Osh was drafted. Human rights mainstreaming within the United Nations (EA11) u Through the United Nations Stabilization Mission in Haiti’s (MINUSTAH) Human Rights Section and the rapid deployment of 15 OHCHR staff to Haiti on different dates from January to September, OHCHR led the Protection Cluster in the context of the humanitarian response to the January earthquake. Human rights standards and concerns were mainstreamed into the work and programmes of UN partners in responding to the crisis. u Following an OHCHR initiative, the Department of Peacekeeping Operations (DPKO) and OHCHR conducted an assessment mission to review the implementation of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo’s (MONUSCO) conditionality policy. The results of the mission fed into a Policy Committee paper on the Democratic Republic of the Congo, which eventually led to the Secretary-General’s decision to expand the conditionality policy to other missions and to establish an inter-agency working group mandated to determine a set of principles for a UN-wide conditionality policy. u OHCHR increased its engagement in humanitarian planning and funding processes by
FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
contributing human rights analysis, mainstreaming human rights concerns and considerations, and integrating a human rights-based approach in a number of consolidated and/or flash appeals, including those for the Central African Republic, Chad, Nepal, the occupied Palestinian territory, Uganda, Haiti and Kyrgyzstan.
Challenges and lessons learned The year 2010 marked a turning point for OHCHR in terms of the operational integration of human rights into humanitarian action. Following its engagement in a number of crises in 2010, OHCHR has become a recognized player in humanitarian response. Nevertheless, OHCHR’s increased participation in humanitarian action demands a stronger operational profile and necessitates continued capacity-building and the development of dedicated tools and guidance for OHCHR staff. To deal with this challenge, PMSRRS plans to integrate a new post in the immediate term which will support field presences and geographic desks in their humanitarian interventions. Also in the short term, the Section will strengthen its early warning and information support work, including by providing more consistent analysis of emerging situations, leading to increased awareness and operational responsiveness.
Rapid Deployment Roster During 2010, FOTCD selected 109 new staff members to be part of the 2010-2011 roster and trained new members on conducting basic and advanced human rights investigations. In 2010, members of the roster participated in seven missions, including the Human Rights Council mandated Commission of Inquiry on the Israeli attack on the humanitarian flotilla, and two expert panels on follow-up to the Goldstone Commission. In 2010, FOTCD finalized a Standard Operating Procedure on initiating rapid response deployments and the use of the roster.
Contingency Fund With the aim of creating a readily available funding pool to respond to human rights emergency situations and humanitarian crisis in a timely manner, OHCHR established a Contingency Fund in 2006. The Fund operates on a “revolving” basis – that is, it may be used at short notice to pay for the deployment of personnel and other expenses associated with rapid response activities, and then replenished as and when donors willing to cover the cost are identified. The Contingency Fund has enabled OHCHR to respond to human rights emergencies in a timely and adequate manner. In 2010, OHCHR used the Fund to deploy one election-monitoring mission to Guinea; two crisis support missions in Haiti and Kyrgyzstan; one human rights assessment mission to Togo; and to provide support to the Regional Office in Bangkok.
OHCHR REPORT 2010
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FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Field Operations and Technical Cooperation Division (FOTCD) Voluntary contributions in 2010 Donor
US$
Australia
Austria
Brazil
17,893
Myanmar
414,365
Pacific Region, Suva
262,123
Haiti (community-based protection interventions for IDPs and other communities of recognized camps in Haiti)
91,575
Occupied Palestinian Territory*
91,575
Uganda
134,563
Voluntary Fund for Technical Cooperation
1,000,000
CERF
European Commission Finland
Earmarking
Democratic Republic of the Congo (access to justice, reparations and remedies for victims of sexual violence)
146,494
Central African Republic
99,510
Haiti
403,551
Kyrgyzstan
1,839
Colombia (municipal plans)
432,900
Colombia
123,305
Kyrgyzstan
1,310,616
Uganda
207,152
Voluntary Fund for Technical Cooperation
France
687,995
Guinea
Germany
863,132
Field presences
369,914
National institutions
616,523
Voluntary Fund for Technical Cooperation
India
50,000
Voluntary Fund for Technical Cooperation
Japan
150,000
Cambodia
75,000
Nepal
50,000
Occupied Palestinian Territory*
150,000
Sri Lanka*
100,000
Voluntary Fund for implementation of the UPR
285,000
Voluntary Fund for Technical Cooperation
Kuwait
50,000
Kuwait (training programmes in the field of human rights)
Liechtenstein
18,450
Voluntary Fund for Technical Cooperation
Netherlands
168,866
Colombia (monitoring human rights measures of Ministry of Defence)
155,914
Colombia (promoting right to free, prior and informed consultation in Colombia)
988,957
Field presences
Korea, Rep. of
Norway
1,709,402
Haiti
160,703
Kyrgyzstan
326,326
Central America, Panama (indigenous people and human rights in Central America)
8
258
OHCHR REPORT 2010
FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Donor Organisation Internationale de la Francophonie
Panama
US$
Earmarking
4,011
West Africa, Dakar (workshop on NHRIs' role regarding migration in West Africa)
28,329
West Africa, Dakar (workshop for West African States on the Common Core Document)
2,726
Haiti (workshop on penal investigation and human rights for police officers and judges)*
5,785
Central African Republic (workshop for the creation of a national commission of human rights)
25,413
West Africa, Dakar (advocacy for ratification of the optional protocol to ESCR Convenant)
20,330
Great Lakes Region (initiative for the fight against impunity in the Great Lakes Region)*
35,578
Guinea (training on human rights for security forces)
2,000
Voluntary Fund for Technical Cooperation
Qatar
350,000
Training and Documentation Centre for Southwest Asia and the Arab Region
Russian Federation
400,000
Russian Federation (consolidation of the Human Rights Master Programme)*
200,000
Russian Federation (International training centre on migration and combating trafficking in human beings (Minsk), and eductional activities and seminars)
150,000
Voluntary Fund for implementation of the UPR
22,523
Voluntary Fund for Technical Cooperation
133,869
Afghanistan*
496,663
Colombia
426,522
Guatemala
66,934
Democratic Republic of the Congo
133,869
North Africa and Middle East Regional Office
344,353
Cambodia
1,239,669
Colombia
1,328,198
Democratic Republic of the Congo (combat impunity for sexual violence in the West of DRC)
South Africa Spain
Sweden
Switzerland
964,187
Guatemala
550,964
Kenya*
137,741
Rwanda*
688,705
Uganda
485,437
Nepal
180,000
Sudan (strengthening human rights capacity in Sudan, in particular in Darfur)*
1,295,337 United Kingdom
Voluntary Fund for Technical Cooperation
20,475
East Africa, Addis Ababa (validation workshop for Djibouti and experience gaining trip to 45th CEDAW)
2,568
Support to Peace Missions and Rapid Response Section
481,651
Nepal
108,025
Voluntary Fund for implementation of the UPR
OHCHR REPORT 2010
8
259
FIELD OPERATIONS AND TECHNICAL COOPERATION DIVISION
Donor
US$
United States of America
Earmarking
2,000,000
Democratic Republic of the Congo (Joint protection teams)
1,100,000
Kyrgyzstan
1,425,000
Voluntary Fund for Technical Cooperation
331,700
Bolivia (transitional process)
573,964
Guatemala (programme for indigenous peoples rights)
195,000
Sierra Leone (peace museum)
72,760
Uganda (joint programme for gender equality)
753,942
Nepal
19,800
Papua New Guinea
UNFPA
565,712
Democratic Republic of the Congo (combat impunity for sexual violence in the east of DRC)
UNIFEM
94,269
Uganda
UNDP
Toatal earmarked contributions
29,177,651
Unearmarked funds allocated to FOTCD**
13,413,816
Total unearmarked funds
13,413,816
TOTAL XB funds available for FOTCD
42,591,467
Unearmarked
* Project financed/implemented through the Voluntary Fund for Technical Cooperation. ** Includes only allocations from unearmarked funds received in 2010.
Field Operations and Technical Cooperation Division (FOTCD) RB & XB funds made available for FOTCD in 2010 US$
% of total
RB funds Regular budget allotment for FOTCD - HQ
11,630,300
57.7%
8,540,300
42.3%
20,170,600
23.8%
Earmarked funds to field presences
1,852,089
2.9%
Earmarked funds to VFTC
4,056,546
6.3%
22,910,992
35.5%
358,025
0.6%
Unearmarked funds from 2010 voluntary contributions allocated by OHCHR to FOTCD
13,413,816
20.8%
Unearmarked funds from prior years allocated by OHCHR to FOTCD
21,991,334
34.1%
Sub-total XB funds
64,582,801
76.2%
TOTAL RB + XB funds
84,753,401
100.0%
Regular budget allotment for FOTCD - Field presences Sub-total RB funds XB funds
Earmarked funds for specific field presences/activities Earmarked funds to VF for implementation of the UPR
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HUMAN RIGHTS COUNCIL AND SPECIAL PROCEDURES DIVISION
Human Rights Council and Special Procedures Division Background The Human Rights Council and its Special Procedures The Human Rights Council (HRC) is an inter-governmental body comprising 47 States responsible for strengthening the promotion and protection of human rights around the globe. It meets in Geneva for three regular sessions a year and may hold special sessions as needed to address specific human rights issues or situations of concern. The Council takes action on human rights situations, develops international standards and discusses emerging human rights trends. Council members are elected by the General Assembly (GA) for a three-year period, with a maximum of two consecutive terms. Membership is based on equitable geographical distribution with seats distributed as follows among regional groups: group of African States, 13; Group of Asian States, 13; Group of Eastern European States, six; Group of Latin American and Caribbean States, eight; and Group of Western European and other States, seven.
Special procedures are mechanisms of the HRC to address specific human rights issues in all parts of the world. Mandate-holders examine, monitor, advise and publicly report on human rights situations in specific countries or territories (country mandates) or on major human rights issues worldwide (thematic mandates). All report to the HRC on their findings and recommendations, and many report to the GA. Special procedures undertake country visits, send communications to States about human rights issues and individual cases, undertake thematic studies, develop human rights law, raise public awareness and reach out to civil society. They are sometimes the only mechanism that will alert the international community to certain human rights phenomena, and are the most accessible part of the international human rights machinery. Mandate-holders serve in their personal capacity, and do not receive salaries or any other financial compensation for their work. This ensures independence which is crucial for them to fulfill their functions in all impartiality. At the end of 2010, there were a total of 41 special procedures mandates (33 thematic mandates and eight mandates relating to countries or territories). OHCHR support
The Universal Periodic Review (UPR) is a process within the Council which involves a review of the human rights records of all 192 UN Member States once every four years. The UPR is a State-driven process that provides the opportunity for each State to develop a national system of consultations and dialogue with civil society, to present the actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations. It is designed to ensure equal treatment for every country when their human rights situations are assessed. The ultimate aim of this new mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur in cooperation with national actors and with the support of the international community. It had reviewed 143 Member States by the end of 2010, with the remaining 49 scheduled to be completed by the end of 2011.
The Human Rights Council and Special Procedures Division (HRCSPD), as well as other parts of OHCHR, work with the Council. The High Commissioner is mandated by the GA to provide substantive and administrative secretariat services and support to the principal Charter-based organs in the field of human rights, namely the HRC and its special procedures and other subsidiary mechanisms; its expert advice body, the Human Rights Council Advisory Committee; the UPR; and the two Working Groups established under the Council’s Complaint Procedure (on Communications and on Situations). HRCSPD was established as a Division on 1 January 2010. It is composed of an Office of the Director, the Human Rights Council Branch (HRCB) and the Special Procedures Branch (SPB). Within the two branches of the Division, there are a total of six sections and two units.
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Special session of the Human Rights Council on Haiti, January 2010.
Human Rights Council Branch In 2010, the HRCB provided secretariat support to the HRC, its Advisory Committee and other subsidiary mechanisms, including the UPR. The Branch supported a diversity of formats and modalities for the debates of the HRC, which included special events such as panel discussions. Thirteen of these were held during the three Council sessions in 2010, including a panel on economic and financial crises and a discussion on the United Nations Declaration on Human Rights Education and Training, which were both held during the high-level segment of the Council’s March 2010 session with the participation of dignitaries. The panel debate on trafficking in persons, especially women and girls, for the first time included victims and survivors of trafficking, providing them with a platform to share their views and perspectives. The UPR process has enhanced the visibility of the independent experts and treaty bodies, as a result of which a number of States invited special procedures mandate-holders to visit their countries or issued standing invitations, and also indicated their intention to become a party to or ratify various conventions. The year 2010 was largely taken up by the events surrounding the review of the work and functioning of the HRC. Throughout the year, HRCSPD participated in and contributed to numerous informal initiatives convened by the Council President, Member States and observers to discuss various aspects of the
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work of the Council and its mechanisms and to reflect on ways and means to improve its functioning. The Division provided substantive support and expert advice to the first session of the Open-ended Intergovernmental Working Group on the Review of the Work and Functioning of the HRC, which took place from 25 to 29 October 2010, marking the formal launch of the review process in Geneva. The Division also supported the subsequent process of consultations which are being conducted along the main areas of the Institution-Building Package (Council resolution 5/1), namely the UPR, the Advisory Committee and the Complaint Procedure, the special procedures, the agenda and the framework for a programme of work, and the methods of work. The Council adopted an outcome document at its March 2011 session and transmitted it to the GA. Special Procedures Branch In September 2010, the HRC established two new thematic mandates: the Working Group on the issue of discrimination against women in law and in practice, and the Special Rapporteur on the rights to freedom of peaceful assembly and of association. Thirteen new mandate-holders for existing mandates were appointed by the Council during 2010. The SPB provided dedicated substantive and logistical support to the activities of 30 thematic mandates and the Forum on Minority Issues. The Branch also provided overall support to the system of special procedures, including to the
HUMAN RIGHTS COUNCIL AND SPECIAL PROCEDURES DIVISION
Coordination Committee of Special Procedures. The SPB works closely with other parts of OHCHR, in particular the Field Operations and Technical Cooperation Division (FOTCD), which supports country mandates, and the Research and Right to Development Division (RRDD), which provides support to three thematic mandates.
Results The following results were achieved following key interventions by the HRC and its mechanisms, with the support of OHCHR. National laws, policies and institutions (EA1) Legislative Decree No. 1097 was repealed by the Peruvian Congress after a country mission in September by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. He had voiced serious concerns on an article of the Decree that stipulated that criminal proceedings on human rights violations would be discontinued in cases where the time allowed for investigation had expired. u In December, the Constitutional Court of the Republic of Korea ruled that article 47(1) of the Framework Act on Telecommunications was unconstitutional. The article stipulated that anyone who made a false communication via telecommunication facilities for the purpose of harming the public interest would be subject to up to five years imprisonment or a fine of up to 50 million won. In the context of a country visit in May, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression had stated that this article was problematic because the terms “false communication” and “public interest” were not clearly defined and could put undue limitation on the freedom of expression. u
With the support of SPB, the Coordination Committee, on behalf of all mandate-holders, contributed a position paper to the review of the Council, and continued its work to encourage the harmonization of working methods. It also continued to make itself available for advice on conduct issues. At their annual meeting in June, mandate-holders confirmed their decision, taken in 2009, to prepare a joint communications report for all mandate-holders that submit urgent appeals and allegation letters to States.
Special Procedures in Figures
67 country visits were carried out to 48 countries and territories.
604
communications were sent to 110 States two thirds as joint communications involving several mandates. These communications covered at least 1,407 individuals, and numerous groups of individuals; 19.2 per cent of all communications concerned women. By 31 December 2010, States had responded to 35.1 per cent of communications sent since 1 January 2010. Mandate-holders followed-up on 17.9 per cent of their communications.
156 reports were submitted by mandates to the Human Rights Council, including 58 county-visit reports, and 26 reports were submitted to the General Assembly. Three joint thematic reports were submitted to the HRC in 2010: a joint study on secret detention, a report of seven United Nations experts on the situation in the Democratic Republic of the Congo, and a mission report on a joint country visit of two mandate-holders.
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public statements were issued by mandates, including 23 statements jointly by two or more mandate-holders.
78 States had extended a standing invitation to all special procedures as of 31 December 2010, and several more had announced they were considering it. In 2010, 11 countries issued such invitations: Andorra, Bolivia, Bosnia and Herzegovina, El Salvador, Georgia, Guinea-Bissau, Honduras, Iraq, Kuwait, Qatar and the Republic of Moldova.
Ratification (EA2) New Zealand and the United States officially declared their support for the UN Declaration on the Rights of Indigenous Peoples. Canada said it would take steps to apply the Declaration in a manner consistent with its Constitution and laws. The Special Rapporteur on the rights of indigenous peoples was among the stakeholders that had advocated for greater support to the Declaration.
u
Access to justice and basic services (EA4) The Government of Croatia adopted a decision in September on the buy-off option of State-owned flats, which recognizes the purchasing option for former tenancy rights-holders and housing care programme residents, including discounts according to the number of years of displacement. Furthermore, the implementation procedures have been simplified and no deadlines on applications for flat purchasing are imposed on tenancy rights-holders. The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and
u
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State engagement with human rights mechanisms (EA6) u As a result of efforts to follow up on the recommendations of special procedures, the response rate to communications of some mandate-holders improved. For example, 60 per cent of the States that had been sent communications by the Special Rapporteur on the rights of indigenous peoples since 1 January 2010 had responded by the end of the year. The mandate received additional responses during 2010 for communications sent in previous years. Overall, for all special procedures mandates, the response rate to communications improved slightly from 32 per cent (2009) to 35 per cent (2010).5 u By the end of 2010, 143 States had been reviewed by the Council under the UPR, and by the end of 2011 it is expected that the Council will have reviewed all 192 Member States. The UPR saw 100 per cent participation by States reviewed. The HRCSPD supported countries by organizing field-based pre-session training workshops in almost all regions, where States which had already undergone the review were invited to share their experiences with those still at a preparatory stage. This resulted in greater interaction and allowed for the sharing of experiences and best practices between participants. u While some mandates continued to encounter challenges in obtaining access to particular States, 11 States issued standing invitations to special procedures, bringing the total of such invitations to 78 at the end of 2010. Civil society engagement with human rights mechanisms (EA7) u Public information tools were successfully made available to national human rights institutions and civil society actors, allowing them to strengthen their interaction with the special procedures. The SPB continued to produce quarterly bulletins and annual facts and figures. For the first time the Facts & Figures on Special Procedures was also made available in French and Spanish. u A consultation in November 2010 organized by the Division for mandate-holders and representatives of the media allowed the former to learn more about the decision-making processes within mass media organizations and their principles of professionalism and 5
Š OHCHR/Cambodia
on the right to non-discrimination in this context had visited Croatia in July 2010.
The UN Special Rapporteur on the situation of human rights in Cambodia at a press conference in Phnom Penh, June 2010.
independence. Several proposals have been put forward to continue the cooperation, such as replicating the meeting and developing a handbook. This seminar also linked up with the thematic priorities of the Office and other initiatives undertaken by OHCHR such as the regional seminars on incitement to hatred. International and regional laws and institutions (EA8) u The Working Group on the Use of Mercenaries was supported in elaborating elements for a draft Convention on Private Military and Security Companies, which was presented to the HRC at its 15th session in September 2010. The Council established an open-ended inter-governmental working group which will consider an international regulatory framework on private military and security companies. u The work of the Independent Expert on the issue of human rights obligations related to access to water and sanitation helped clarify the human rights obligations related to access to safe drinking water and sanitation, which led to a clearer understanding of the implications of recognizing the right, dispelled common misconceptions about the right, and contributed significantly to ensuring the recognition of the right to water and sanitation by the GA and HRC. u The Working Group on Enforced or Involuntary Disappearances adopted a general comment on enforced disappearance as a continuous crime and a general comment on the right to truth in relation to enforced disappearance.
The response rates reflect responses to communications sent during 2009 and 2010 by the end of the corresponding calendar year. Additional responses are usually received from States during the following calendar year, sometimes up to two or more calendar years later.
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Human rights mainstreaming within the UN (EA11) u The Special Rapporteur on violence against women, its causes and consequences submitted to the HRC a thematic report on the topic of reparation to women who have been victims of violence. The thematic report of the Special Rapporteur attracted the interest of a number of UN agencies that have either used it as a reference guide for their own projects at national level or expressed interest in cooperating with the Special Rapporteur in further exploring this topic. u The Independent Expert on the issue of human rights obligations related to access to water and sanitation presented a report on the MDGs to the GA in October. The key UN agencies involved in monitoring the MDGs related to water and sanitation have indicated their intention to use the human rights framework as they embark on the process of developing indicators for the post 2015 MDG period. u As part of his mainstreaming activities, the Special Rapporteur on rights of internally displaced persons (IDPs) developed and promoted tools on how to integrate human rights standards into responses to humanitarian, development and crisis situations. The Framework on Durable Solutions for Internally
The Forum on Minority Issues had more than 500 participants at its third annual session in December 2010, which focused on minorities and effective participation in economic life. The views of participants from minority communities were given a high priority, and minority actors in the field of economic rights from all regions were selected and their attendance funded by OHCHR. The Forum, now in its third year, is widely considered to be a model for achieving the significant participation of individuals and concerned communities in the work of the Human Rights Council.
Throughout the year, HRCSPD helped to prepare over 770 documents and reports and serviced more than 486 meetings or sessions.
u
Displaced Persons was endorsed by the Inter-Agency Standing Committee (IASC) and has become a reference document for other UN agencies. He also developed Revised Operational Guidelines on the Protection of Persons in Situations of Natural Disasters, also endorsed by the IASC. Support was provided to the Independent Expert on minority issues in her ongoing collaboration with UNDP to enhance its policy and programming interventions on minority issues. The publication Marginalised Minorities in Development Programming: A UNDP Resource Guide and Toolkit was produced, launched and distributed to UNDP offices and staff globally in May, as a result of a comprehensive consultative and drafting process, initiated by the Independent Expert and led by a task force composed inter alia of leading policy advisers from UNDP and OHCHR staff.
漏 UUN Photo/Patrick Bertschmann
Responsiveness of the international community (EA10) u A joint study on the global practice of secret detention by four special procedures mandates contributed to the adoption of resolutions by the HRC containing references to this phenomenon, and the issuance of a call for its abolition. u During the year under review, HRCB supported a number of special sessions of the HRC. The special session on Haiti was the first time the Council discussed human rights violations in the aftermath of a natural disaster. Another special session was held following the presidential elections in C么te d'Ivoire, in November 2010. The Branch also supported the stand-alone interactive dialogue on Somalia, with the participation of key stakeholders, and held its first urgent debate on the raid by Israeli Defence Forces on the flotilla carrying humanitarian aid for Gaza; both innovative tools used by the Council to address human rights situations. u The report of the Special Rapporteur on the right to food on Access to Land and the Right to Food (A/65/281) received considerable interest from Member States, the UN system, academia, NGOs and the media, as did his report to the HRC titled Large-scale land acquisitions and leases: A set of minimum principles and measures to address the human rights challenge (A/HRC/13/33/Add.2).
The Vice-Chair of the Working Group on Arbitrary Detention addresses the 14th session of the Human Rights Council along with the Special Rapporteurs on torture and other cruel, inhuman or degrading treatment or punishment; and on the protection and promotion of human rights and fundamental freedoms while countering terrorism, June 2010.
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Global Management Outputs Sharing OHCHR’s strategic direction (GMO1) u The Director of HRCSPD established a Senior Task Force to coordinate and lead OHCHR’s support to the Council review process. u There is regular interaction between thematic section staff and counterparts in other Divisions, field presences and the New York Office (NYO) working on similar substantive human rights issues. Regular interaction also takes place between staff in coordination functions and the HRC team, as well as mandate-holder staff in other Divisions with regard to HRC matters and the working methods of special procedures.
views on good practices with the treaty bodies, representatives of UN agencies and OHCHR field presences, to facilitate the exchange of best practices on follow-up. The Branch also developed, in cooperation with colleagues from other divisions, training materials for new OHCHR staff members. The SPB also participated in discussions with other OHCHR Divisions and civil society initiatives such as the conference on “Improving Implementation and Follow Up: Treaty Bodies, Special Procedures, Universal Periodic Review” in Geneva on 22-23 November 2010. Supporting field operations (GMO5) HRCSPD has substantively contributed to increasing support for field operations through the involvement of special procedures in countries and regions. The recommendations and conclusions made by special procedures have helped to shape country strategies, and there has been interaction between many mandates and field presences on substantive human rights protection and promotion matters through the activities of the procedures. These activities include country visits, communications, support for technical cooperation, involvement as resource persons in seminars, trainings and other such events, and information sharing.
u
© UN Photo/Patrick Bertschmann
Servicing human rights mechanisms (GMO4) u Prior to each HRC and GA session, Member States and other stakeholders are briefed by the Division. Substantive support was provided by the Division to the NYO during the meetings of the Third Committee of the GA. The Division has taken the lead within the Office on the review of the work and functioning of the HRC. u The SPB prepared a paper on the latest developments concerning follow-up to special procedures recommendations as background documentation for the annual meeting of special procedures, where mandate-holders exchanged
Members of the Human Rights Council Advisory Committee at the closing of its fifth session, August 2010.
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In 2010, the Human Rights Council specified that the right to water and sanitation is derived from the right to an adequate standard of living.
Skills and competencies (GMO6) u Staff of the Division availed themselves of various training opportunities throughout the year. With respect to UPR, the training of new colleagues took place. The SPB provided new staff with Branch-specific induction kits. Website (GMO7) u The Division has worked with the Communications Section to redesign its areas of the OHCHR webpage. The HRCB and SPB regularly ensure that updated information on the HRC and special procedures and their activities are posted on the page as well as on the Extranet.
Challenges and Lessons Learned As a result of positive feedback received from delegations, the HRCB continued to build on the use of the Extranet as a tool for delegations and other participants, reducing the use of paper, providing information in real time and continuing its SMS alert service and Twitter account where last minute changes to the Council’s work programme can be communicated immediately.
Feedback received from previous years led to the inclusion in the 2010 OHCHR induction session for new mandate-holders of a meeting with the President of the HRC and observation of a UPR meeting. A lesson learned from the 2010 session and the HRC review is the need to expand the sessions to provide additional information to mandate-holders on the political context of their work as independent experts of the Council, as well as on working methods and further opportunities for engagement with States. As a result of lessons learned from previous annual meetings of special procedures, an interactive session with States was reintroduced, which was welcomed by both mandate-holders and States. Interaction between mandate-holders and States will be strengthened further during 2011. The system put in place for support to the UPR mechanism with the out-posting of parts of the human resources allocated to the preparation of UPR pre-session documentation, continues to pose a number of organizational challenges. Despite the fact that the innovative approach has contributed to instilling a sense of ownership of the UPR among other divisions, the out-posting has proven cumbersome from a management view point.
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Human Rights Council - Outcome of sessions held in 2010 13th Session (1-26 March) The Council adopted resolutions and decisions on: u A number of thematic human rights challenges, including arbitrary deprivation of nationality, rights of persons with
u u u u u u u u u u u
disabilities, protection of human rights defenders, torture, rights of the child, protection of journalists in armed conflicts, combating defamation of religions, and trafficking in persons, especially women and children; Economic, social and cultural rights, including on the right to food and adequate housing; An Open-ended Working Group on an Optional Protocol to the Convention on the Rights of the Child to provide a communications procedure; The human rights situation in Democratic People’s Republic of Korea, Myanmar, occupied Palestinian territory and other occupied Arab territories; Rights of persons belonging to national or ethnic, religious and linguistic minorities; The United Nations Declaration on Human Rights Education and Training; The Social Forum; Action against racism, racial discrimination, xenophobia and related intolerance; Enhancing international cooperation in the field of human rights; Technical cooperation and consultative services in the Democratic Republic of the Congo and Guinea; Protection of human rights and fundamental freedoms while countering terrorism; Outcomes of the UPR of Albania, Bhutan, Brunei Darussalam, Cambodia, Costa Rica, Côte d’Ivoire, Cyprus, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Dominica, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Norway and Portugal.
14th session (31 May-18 June) The Council adopted resolutions and decisions on: u The raid by the Israeli defense forces on the humanitarian boat convoy; u Human rights in a number of thematic areas, including trafficking in persons, the right to truth, violence against women
and missing persons; u Promotion of the right of peoples to peace; u Economic, social and cultural rights, including the effects of foreign debts and respect for cultural diversity; u The role of prevention in the promotion and protection of human rights; u The extension of several thematic mandates of special procedures; u Regional cooperation for the promotion and protection of human rights in the Asia-Pacific region; u Technical assistance and cooperation on human rights for Kyrgyzstan and Somalia; u Attacks on school children in Afghanistan; u Action against racism, racial discrimination, xenophobia and related intolerance; u Outcomes of the UPR of Angola, Bosnia and Herzegovina, Egypt, El Salvador, Fiji, Gambia, Islamic Republic of Iran,
Iraq, Italy, Kazakhstan, Madagascar, Nicaragua, Plurinational State of Bolivia, Qatar, San Marino and Slovenia. 15th session (13 September-1 October) The Council adopted resolutions and decisions on: u Follow-up to the report of the independent international fact-finding mission on the incident of the humanitarian flotilla
u u u
u u u
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and the report of the Committee of independent experts in international humanitarian and human rights law established pursuant to Council resolution 13/9; Economic, social and cultural rights, including the right to education, access to safe drinking water and sanitation, extreme poverty and human rights, right to health and adequate housing; The creation and extension of several thematic and country mandates of special procedures; Human rights in a number of thematic areas, including the independence and impartiality of judiciaries, forensic genetics and human rights, the use of mercenaries, maternal mortality and morbidity, arbitrary detention and hostage-taking; Human rights of indigenous peoples; Elimination of discrimination against persons affected by leprosy and their family members; World Programme for Human Rights Education;
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HUMAN RIGHTS COUNCIL AND SPECIAL PROCEDURES DIVISION
u Human rights and international solidarity; u Human rights of migrants; u Advisory services and technical assistance for Cambodia and Somalia; u Human rights and unilateral coercive measures; u The right to development; u Nelson Mandela International Day; u Outcomes of the UPR of Armenia, Belarus, Grenada, Guinea, Guinea-Bissau, Guyana, Kenya, Kiribati, Kuwait,
Kyrgyzstan, Lao People’s Democratic Republic, Lesotho, Spain, Sweden and Turkey. 13th special session (27-28 January) u The Council adopted a resolution on “Support of the Human Rights Council for the recovery process in Haiti after the
earthquake of 12 January 2010: a human rights approach.” 14th special session (23 December) u The Council adopted a resolution on “Situation of human rights in Côte d’Ivoire in relation to the conclusion of the 2010
Presidential Election.”
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Special Procedures Mandate-Holders 2010 Mandate
Established in
Mandate-Holder
Independent Expert on the situation of human rights in Burundi
2004
Mr. Fatsah Ouguergouz (Algeria) since August 2010 Mr. Akich Okola (Kenya) until 2010
Special Rapporteur on the situation of human rights in Cambodia
1993
Mr. Surya Prasad Subedi (Nepal) since May 2009
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
2004
Mr. Marzuki Darusman (Indonesia) since August 2010 Mr. Vitit Muntarbhorn (Thailand) until July 2010
Independent Expert on the situation of human rights in Haiti
1995
Mr. Michel Forst (France) since June 2008
Special Rapporteur on the situation of human rights in Myanmar
1992
Mr. Tomás Ojea Quintana (Argentina) since May 2008
Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
1993
Mr. Richard Falk (United States of America) since May 2008
Independent Expert on the situation of human rights in Somalia
1993
Mr. Shamsul Bari (Bangladesh) since May 2008
Independent Expert (until September 2009: Special Rapporteur) on the situation on human rights in the Sudan
2005/2009
Mr. Mohamed Chande Othman (Tanzania) since October 2009
Country mandates
Thematic mandates Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context
2000
Ms. Raquel Rolnik (Brazil) since May 2008
Working Group on people of African descent
2002
Ms. Mirjana Najcevska (the former Yugoslav Republic of Macedonia) since November 2008 Ms. Monorama Biswas (Bangladesh) since November 2008 Mr. Linos-Alexandros Sicilianos (Greece) since August 2009 Ms. Maya Sahli (Algeria) since August 2008 Ms. Verene Shepherd (Jamaica) since April 2010 Mr. Ralston Milton Nettleford (Jamaica) until February 2010
Working Group on arbitrary detention
1991
Mr. El Hadji Malick Sow (Senegal), Chairperson Rapporteur, since May 2008 Ms. Shaheen Sardar Ali (Pakistan), Vice-Chairperson, since August 2008 Mr. Vladimir Tochilovsky (Ukraine) since May 2010 Mr. Aslan Abashidze (Russian Federation) until April 2010 Mr. Mads Andenas (Norway) since August 2009 Mr. Roberto Garretón (Chile) since May 2008
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Mandate
Established in
Mandate-Holder
Special Rapporteur on the sale of children, child prostitution and child pornography
1990
Ms. Najat Maalla m’jid (Morocco) since May 2008
Independent Expert in the field of cultural rights
2009
Ms. Farida Shaheed (Pakistan) since November 2009
Special Rapporteur on the right to education
1998
Mr. Kishore Singh (India) since August 2010 Mr. Vernor Muñoz Villalobos (Costa Rica) until July 2010
Working Group on enforced or involuntary disappearances
1980
Mr. Jeremy Sarkin (South Africa), Chairperson Rapporteur, since May 2008 Mr. Santiago Corcuera Cabezut (Mexico) until July 2010 Mr. Ariel Dulitzky (Argentina/USA) since August 2010 Mr. Olivier de Frouville (France) since November 2008 Ms. Jasminka Dzumhur (Bosnia and Herzegovina) since May 2010 Mr. Darko Göttlicher (Croatia) until April 2010 Mr. Osman El-Hajje (Lebanon) since August 2009
Special Rapporteur on extrajudicial, summary or arbitrary executions
1982
Mr. Christof Heyns (South Africa) since August 2010 Mr. Philip Alston (Australia) until July 2010
Independent Expert on the question of human rights and extreme poverty
1998
Ms. María Magdalena Sepúlveda (Chile) since May 2008
Special Rapporteur on the right to food
2000
Mr. Olivier De Schutter (Belgium) since May 2008
Independent Expert on foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights
2000
Mr. Cephas Lumina (Zambia) since May 2008
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
1993
Mr. Frank William La Rue Lewy (Guatemala) since August 2008
Special Rapporteur on freedom of religion or belief
1986
Mr. Heiner Bielefeldt (Germany) since August 2010 Ms. Asma Jahangir (Pakistan) until July 2010
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
2002
Mr. Anand Grover (India) since August 2008
Special Rapporteur on the situation of human rights defenders
2000
Ms. Margaret Sekaggya (Uganda) since May 2008
Special Rapporteur on the independence of judges and lawyers
1994
Ms. Gabriela Knaul (Brazil) since June 2009
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples
2001
Mr. James Anaya (United States of America) since May 2008
Special Rapporteur on rights of internally displaced persons
2004
Mr. Chaloka Beyani (Zambia) since November 2010 Mr. Walter Kälin (Switzerland) until October 2010
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Mandate
Established in
Mandate-Holder
Independent Expert on human rights and international solidarity
2005
Mr. Rudi Muhammad Rizki (Indonesia) since July 2006
Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination
2005
Ms. Amada Benavides de Pérez (Colombia) since July 2005 Ms. Shaista Shameem (Fiji) until July 2010 Ms. Faiza Patel (Pakistan) since August 2010 Ms. Najat Al-Hajjaji (Libya) since July 2005 Mr. José Luis Gómez del Prado (Spain) since October 2005 Mr. Alexander Nikitin (Russian Federation) since July 2005
Special Rapporteur on the human rights of migrants
1999
Mr. Jorge A. Bustamante (Mexico) since July 2005
Independent Expert on minority issues
2005
Ms. Gay J. McDougall (United States of America) since July 2005
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
1993
Mr. Githu Muigai (Kenya) since August 2008
Special Rapporteur on contemporary forms of slavery, including its causes and consequences
2007
Ms. Gulnara Shahinian (Armenia) since May 2008
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
2005
Mr. Martin Scheinin (Finland) since July 2005
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
1985
Mr. Juan Ernesto Méndez (Argentina) since November 2010 Mr. Manfred Nowak (Austria) until October 2010
Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights
1995
Mr. Calin Georgescu (Romania) since August 2010 Mr. Okechukwu Ibeanu (Nigeria) until July 2010
Special Rapporteur on trafficking in persons, especially women and children
2004
Ms. Joy Ngozi Ezeilo (Nigeria) since August 2008
Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises
2005
Mr. John Ruggie (United States of America) since July 2005
Special Rapporteur on violence against women, its causes and consequences
1994
Ms. Rashida Manjoo (South Africa) since August 2009
Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
2008
Ms. Catarina de Albuquerque (Portugal) since November 2009
272
OHCHR REPORT 2010
HUMAN RIGHTS COUNCIL AND SPECIAL PROCEDURES DIVISION
Human Rights Council Branch (HRCB) Voluntary contributions in 2010 Donor
US$
-
0
(a) total contributions to HRCB
0
Earmarking
Colombia
26,668
Voluntary Fund for participation in the UPR
Denmark
359,002
Voluntary Fund for participation in the UPR
Germany
246,609
Voluntary Fund for participation in the UPR
50,000
Voluntary Fund for participation in the UPR
Kuwait (b) total specifically earmarked contributions
682,279
(c) TOTAL contributions earmarked to HRCB (a) + (b)
682,279
Unearmarked funds allocated to HRCB*
543,680
(d) total uneamarked funds
543,680
(e) TOTAL XB funds available for HRCB (c) + (d)
unearmarked
1,225,959
* Includes only allocations from unearmarked funds received in 2010.
Human Rights Council Branch (HRCB) RB & XB funds made available for HRCB in 2010 US$
% of total
6,795,000
100.0%
6,795,000
77.1%
Earmarked funds to HRCB
0
0.0%
Earmarked funds for HRCB specific activities
0
0.0%
Earmarked funds to VF for participation in the UPR
682,279
33.9%
Unearmarked funds from 2010 voluntary contributions allocated by OHCHR to HRCB
543,680
27.0%
Unearmarked funds from prior years allocated by OHCHR to HRCB
788,171
39.1%
Sub-total XB funds
2,014,130
22.9%
TOTAL RB + XB funds
8,809,130
100.0%
RB funds Regular budget allotment for HRCB Sub-total RB funds XB funds
OHCHR REPORT 2010
273
HUMAN RIGHTS COUNCIL AND SPECIAL PROCEDURES DIVISION
Special Procedures Branch (SPB) Voluntary contributions in 2010 Donor
US$
Germany
Earmarking
1,379,335
SPB
Ireland
262,123
SPB
Japan
100,000
SPB
1,078,252
SPB
150,602
SPB
Norway Spain (a) total contributions to SPB - all mandates
2,970,312
Austria
122,100
Forum on minorities issues
France
67,295
WG on enforced and involuntary disappearances
Germany
(84,616)
Torture
Germany
134,590
Trafficking in persons
Germany
61,652
Freedom of religion or belief
Germany
123,305
Racism, xenophobia and related intolerance
Germany
43,944
Water and sanitation
Netherlands
76,239
Torture
Norwegian Refugee Council
13,285
Human rights defenders (fellowship)
Organisation Internationale de la Francophonie
15,248
WG on enforced and involuntary disappearances
Russian Federation
50,000
WG on use of mercenaries
Russian Federation
50,000
Racism, xenophobia and related intolerance
Russian Federation
50,000
Cultural rights
Spain
216,450
Water and sanitation
Spain
126,743
Violence against women
30,581
Slavery
United Kingdom (b) total contributions to specific mandates
1,096,816
(c) TOTAL contributions earmarked to SPB (a) + (b)
4,067,128
Unearmarked funds allocated to SPB*
0
Unearmarked funds allocated to specific mandates*
32,400
(d) total uneamarked funds
32,400
(e) TOTAL XB funds available for SPB (c) + (d)
4,099,528
*Includes only allocations from unearmarked funds received in 2010.
274
OHCHR REPORT 2010
Unearmarked Unearmarked
HUMAN RIGHTS COUNCIL AND SPECIAL PROCEDURES DIVISION
Special Procedures Branch (SPB) RB & XB funds made available for SPB in 2010 US$
% of total
7,779,100
100.0%
7,779,100
60.2%
Earmarked funds to SPB - all mandates
2,970,312
57.8%
Earmarked funds for specific mandates*
1,096,816
21.3%
32,400
0.6%
1,039,557
20.2%
Sub-total XB funds
5,139,085
39.8%
TOTAL RB + XB funds
12,918,185
100.0%
RB funds Regular budget allotment for SPB Sub-total RB funds XB funds
Unearmarked funds from 2010 voluntary contributions allocated by OHCHR to SPB Unearmarked funds from prior years allocated by OHCHR to SPB
amount in US$
% of total
Earmarked funds to mandates supported by SPB - CPR Section
322,407
29.4%
Earmarked funds to mandates supported by SPB - ESCR Section
310,395
28.3%
Earmarked funds to mandates supported by SPB - Groups in Focus Section
464,014
42.3%
1,096,816
100.0%
* Earmarked funds for specific mandates
Total
OHCHR REPORT 2010
275
.ONOR PROFILES
Donor Profiles Governments Afghanistan Total voluntary contribution in 2010, in USD: 1,985 Unearmarked contribution in USD: 1,985 Donor ranking: 70/71 Donor ranking per capita: 59/63
Algeria Total voluntary contribution in 2010, in USD: 60,000 Unearmarked contribution in USD: 50,000 Donor ranking: 40/71 Donor ranking per capita: 44/63
Andorra Total voluntary contribution in 2010, in USD: 28,550 Total voluntary contribution in currency of donation: 22,000 (EUR) Unearmarked contribution in USD: 0 Donor ranking: 45/71 Donor ranking per capita: 12/63
Argentina Total voluntary contribution in 2010, in USD: 9,336 Unearmarked contribution in USD: 0 Donor ranking: 62/71 Donor ranking per capita: 57/63
276
OHCHR REPORT 2010
DONOR PROFILES
Armenia Total voluntary contribution in 2010, in USD: 1,500 Unearmarked contribution in USD: 1,500 Donor ranking: 71/71 Donor ranking per capita: 54/63
Australia Total voluntary contribution in 2010, in USD: 1,997,635 Total voluntary contribution in currency of donation: 2,168,000 (AUD) Unearmarked contribution in USD: 1,565,378 Donor ranking: 18/71 Donor ranking per capita: 18/63
Austria Total voluntary contribution in 2010, in USD: 836,862 Total voluntary contribution in currency of donation: 649,960 (EUR) Unearmarked contribution in USD: 0 Donor ranking: 22/71 Donor ranking per capita: 17/63
Belgium Total voluntary contribution in 2010, in USD: 1,082,251 Total voluntary contribution in currency of donation: 750,000 (EUR) Unearmarked contribution in USD: 1,082,251 Donor ranking: 19/71 Donor ranking per capita: 16/63
OHCHR REPORT 2010
277
DONOR PROFILES
Brazil Total voluntary contribution in 2010, in USD: 1,000,000 Unearmarked contribution in USD: 0 Donor ranking: 21/71 Donor ranking per capita: 36/63
Canada Total voluntary contribution in 2010, in USD: 3,041,987 Total voluntary contribution in currency of donation: 3,060,000 (CAD) Unearmarked contribution in USD: 2,984,184 Donor ranking: 10/71 Donor ranking per capita: 19/63
Chile Total voluntary contribution in 2010, in USD: 25,000 Unearmarked contribution in USD: 10,000 Donor ranking: 47/71 Donor ranking per capita: 48/63
China Total voluntary contribution in 2010, in USD: 20,000 Unearmarked contribution in USD: 20,000 Donor ranking: 51/71 Donor ranking per capita: 63/63
278
OHCHR REPORT 2010
DONOR PROFILES
Colombia Total voluntary contribution in 2010, in USD: 80,000 Unearmarked contribution in USD: 0 Donor ranking: 38/71 Donor ranking per capita: 43/63
Costa Rica Total voluntary contribution in 2010, in USD: 12,727 Unearmarked contribution in USD: 12,727 Donor ranking: 57/71 Donor ranking per capita: 39/63
Cyprus Total voluntary contribution in 2010, in USD: 28,178 Total voluntary contribution in currency of donation: 32,025 (CHF) Unearmarked contribution in USD: 24,698 Donor ranking: 46/71 Donor ranking per capita: 25/63
Czech Republic Total voluntary contribution in 2010, in USD: 20,543 Unearmarked contribution in USD: 0 Donor ranking: 50/71 Donor ranking per capita: 41/63
OHCHR REPORT 2010
279
DONOR PROFILES
Denmark Total voluntary contribution in 2010, in USD: 2,764,261 Total voluntary contribution in currency of donation: 17,000,000 (DKK) Unearmarked contribution in USD: 2,084,558 Donor ranking: 12/71 Donor ranking per capita: 9/63
Egypt Total voluntary contribution in 2010, in USD: 5,000 Unearmarked contribution in USD: 0 Donor ranking: 63/71 Donor ranking per capita: 60/63
Estonia Total voluntary contribution in 2010, in USD: 24,361 Total voluntary contribution in currency of donation: 19,172 (EUR) Unearmarked contribution in USD: 16,241 Donor ranking: 49/71 Donor ranking per capita: 28/63
Finland Total voluntary contribution in 2010, in USD: 3,779,143 Total voluntary contribution in currency of donation: 2,932,000 (EUR) Unearmarked contribution in USD: 1,233,046 Donor ranking: 9/71 Donor ranking per capita: 5/63
280
OHCHR REPORT 2010
DONOR PROFILES
France Total voluntary contribution in 2010, in USD: 2,774,133 Total voluntary contribution in currency of donation: 2,050,000 (EUR) Unearmarked contribution in USD: 1,749,664 Donor ranking: 11/71 Donor ranking per capita: 24/63
Georgia Total voluntary contribution in 2010, in USD: 10,000 Unearmarked contribution in USD: 10,000 Donor ranking: 58/71 Donor ranking per capita: 40/63
Germany Total voluntary contribution in 2010, in USD: 6,378,447 Total voluntary contribution in currency of donation: 5,000,000 (EUR) Unearmarked contribution in USD: 0 Donor ranking: 7/71 Donor ranking per capita: 21/63
Greece Total voluntary contribution in 2010, in USD: 131,062 Total voluntary contribution in currency of donation: 100,000 (EUR) Unearmarked contribution in USD: 131,062 Donor ranking: 32/71 Donor ranking per capita: 30/63
OHCHR REPORT 2010
281
DONOR PROFILES
Holy See Total voluntary contribution in 2010, in USD: 2,453 Unearmarked contribution in USD: 0 Donor ranking: 67/71 Donor ranking per capita: n/a
Iceland Total voluntary contribution in 2010, in USD: 20,000 Unearmarked contribution in USD: 0 Donor ranking: 52/71 Donor ranking per capita: 22/63
India Total voluntary contribution in 2010, in USD: 50,000 Unearmarked contribution in USD: 0 Donor ranking: 41/71 Donor ranking per capita: 61/63
Indonesia Total voluntary contribution in 2010, in USD: 20,000 Unearmarked contribution in USD: 20,000 Donor ranking: 53/71 Donor ranking per capita: 58/63
282
OHCHR REPORT 2010
DONOR PROFILES
Ireland Total voluntary contribution in 2010, in USD: 2,621,232 Total voluntary contribution in currency of donation: 2,000,000 (EUR) Unearmarked contribution in USD: 1,834,862 Donor ranking: 13/71 Donor ranking per capita: 8/63
Israel Total voluntary contribution in 2010, in USD: 5,000 Unearmarked contribution in USD: 0 Donor ranking: 64/71 Donor ranking per capita: 52/63
Japan Total voluntary contribution in 2010, in USD: 714,414 Unearmarked contribution in USD: 0 Donor ranking: 23/71 Donor ranking per capita: 35/63
Kazakhstan Total voluntary contribution in 2010, in USD: 25,000 Unearmarked contribution in USD: 25,000 Donor ranking: 48/71 Donor ranking per capita: 46/63
OHCHR REPORT 2010
283
DONOR PROFILES
Republic of Korea Total voluntary contribution in 2010, in USD: 380,000 Unearmarked contribution in USD: 0 Donor ranking: 27/71 Donor ranking per capita: 32/63
Kuwait Total voluntary contribution in 2010, in USD: 310,000 Unearmarked contribution in USD: 200,000 Donor ranking: 28/71 Donor ranking per capita: 15/63
Liechtenstein Total voluntary contribution in 2010, in USD: 115,314 Total voluntary contribution in currency of donation: 125,000 (CHF) Unearmarked contribution in USD: 55,351 Donor ranking: 35/71 Donor ranking per capita: 1/63
Luxembourg Total voluntary contribution in 2010, in USD: 201,389 Total voluntary contribution in currency of donation: 145,000 (EUR) Unearmarked contribution in USD: 166,667 Donor ranking: 30/71 Donor ranking per capita: 10/63
284
OHCHR REPORT 2010
DONOR PROFILES
Malaysia Total voluntary contribution in 2010, in USD: 20,000 Unearmarked contribution in USD: 20,000 Donor ranking: 54/71 Donor ranking per capita: 51/63
Mauritius Total voluntary contribution in 2010, in USD: 2,000 Unearmarked contribution in USD: 2,000 Donor ranking: 68/71 Donor ranking per capita: 47/63
Mexico Total voluntary contribution in 2010, in USD: 117,353 Unearmarked contribution in USD: 100,000 Donor ranking: 34/71 Donor ranking per capita: 50/63
Monaco Total voluntary contribution in 2010, in USD: 28,860 Total voluntary contribution in currency of donation: 20,000 (EUR) Unearmarked contribution in USD: 28,860 Donor ranking: 44/71 Donor ranking per capita: 4/63
OHCHR REPORT 2010
285
DONOR PROFILES
Morocco Total voluntary contribution in 2010, in USD: 1,003,000 Unearmarked contribution in USD: 1,000,000 Donor ranking: 20/71 Donor ranking per capita: 26/63
Netherlands Total voluntary contribution in 2010, in USD: 10,279,253 Total voluntary contribution in currency of donation: 7,260,000 (EUR) + 766,579 (USD) Unearmarked contribution in USD: 9,436,435 Donor ranking: 3/71 Donor ranking per capita: 6/63
New Zealand Total voluntary contribution in 2010, in USD: 2,585,100 Total voluntary contribution in currency of donation: 3,500,000 (NZD) Unearmarked contribution in USD: 2,585,100 Donor ranking: 14/71 Donor ranking per capita: 7/63
Nicaragua Total voluntary contribution in 2010, in USD: 2,739 Unearmarked contribution in USD: 2,739 Donor ranking: 66/71 Donor ranking per capita: 55/63
286
OHCHR REPORT 2010
DONOR PROFILES
Norway Total voluntary contribution in 2010, in USD: 11,351,162 Total voluntary contribution in currency of donation: 68,500,000 (NOK) Unearmarked contribution in USD: 6,387,012 Donor ranking: 2/71 Donor ranking per capita: 2/63
Oman Total voluntary contribution in 2010, in USD: 10,000 Unearmarked contribution in USD: 10,000 Donor ranking: 59/71 Donor ranking per capita: 37/63
Pakistan Total voluntary contribution in 2010, in USD: 4,728 Unearmarked contribution in USD: 4,278 Donor ranking: 65/71 Donor ranking per capita: 62/63
Panama Total voluntary contribution in 2010, in USD: 2,000 Unearmarked contribution in USD: 0 Donor ranking: 69/71 Donor ranking per capita: 53/63
OHCHR REPORT 2010
287
DONOR PROFILES
Portugal Total voluntary contribution in 2010, in USD: 100,000 Unearmarked contribution in USD: 100,000 Donor ranking: 36/71 Donor ranking per capita: 31/63
Qatar Total voluntary contribution in 2010, in USD: 510,000 Unearmarked contribution in USD: 160,000 Donor ranking: 26/71 Donor ranking per capita: 11/63
Russian Federation Total voluntary contribution in 2010, in USD: 2,000,000 Unearmarked contribution in USD: 500,000 Donor ranking: 17/71 Donor ranking per capita: 29/63
Saudi Arabia Total voluntary contribution in 2010, in USD: 150,000 Unearmarked contribution in USD: 150,000 Donor ranking: 31/71 Donor ranking per capita: 34/63
288
OHCHR REPORT 2010
DONOR PROFILES
Slovakia Total voluntary contribution in 2010, in USD: 9,990 Total voluntary contribution in currency of donation: 10,000 (CHF) Unearmarked contribution in USD: 9,990 Donor ranking: 61/71 Donor ranking per capita: 42/63
Slovenia Total voluntary contribution in 2010, in USD: 50,000 Unearmarked contribution in USD: 50,000 Donor ranking: 42/71 Donor ranking per capita: 27/63
South Africa Total voluntary contribution in 2010, in USD: 70,571 Total voluntary contribution in currency of donation: 470,000 (ZAR) Unearmarked contribution in USD: 25,526 Donor ranking: 39/71 Donor ranking per capita: 49/63
Spain Total voluntary contribution in 2010, in USD: 6,855,401 Total voluntary contribution in currency of donation: 5,123,875 (EUR) Unearmarked contribution in USD: 4,417,671 Donor ranking: 5/71 Donor ranking per capita: 14/63
OHCHR REPORT 2010
289
DONOR PROFILES
Sweden Total voluntary contribution in 2010, in USD: 8,421,862 Total voluntary contribution in currency of donation: 61,500,000 (SEK) Unearmarked contribution in USD: 3,168,044 Donor ranking: 4/71 Donor ranking per capita: 3/63
Switzerland Total voluntary contribution in 2010, in USD: 2,486,600 Total voluntary contribution in currency of donation: 2,509,000 (CHF) + 180,000 (USD) Unearmarked contribution in USD: 516,529 Donor ranking: 15/71 Donor ranking per capita: 13/63
Thailand Total voluntary contribution in 2010, in USD: 20,000 Unearmarked contribution in USD: 20,000 Donor ranking: 55/71 Donor ranking per capita: 56/63
Turkey Total voluntary contribution in 2010, in USD: 126,000 Unearmarked contribution in USD: 100,000 Donor ranking: 33/71 Donor ranking per capita: 45/63
290
OHCHR REPORT 2010
DONOR PROFILES
United Arab Emirates Total voluntary contribution in 2010, in USD: 29,977 Unearmarked contribution in USD: 0 Donor ranking: 43/71 Donor ranking per capita: 33/63
United Kingdom Total voluntary contribution in 2010, in USD: 5,429,354 Total voluntary contribution in currency of donation: 3,438,573 (GBP) Unearmarked contribution in USD: 3,961,965 Donor ranking: 8/71 Donor ranking per capita: 20/63
United States of America Total voluntary contribution in 2010, in USD: 18,625,000 Unearmarked contribution in USD: 7,000,000 Donor ranking: 1/71 Donor ranking per capita: 23/63
Uruguay Total voluntary contribution in 2010, in USD: 10,000 Unearmarked contribution in USD: 10,000 Donor ranking: 60/71 Donor ranking per capita: 38/63
OHCHR REPORT 2010
291
DONOR PROFILES
Intergovernmental Organizations European Commission Total voluntary contribution in 2010, in USD: 6,796,842 Total voluntary contribution in currency of donation: 4,581,363 (EUR) Unearmarked contribution in USD: 6,231,151 Donor ranking: 6/71 Donor ranking per capita: n/a
Organisation Internationale de la Francophonie Total voluntary contribution in 2010, in USD: 233,101 Total voluntary contribution in currency of donation: 179,041 (EUR) Unearmarked contribution in USD: 0 Donor ranking: 29/71 Donor ranking per capita: n/a
United Nations Central Emergency Response Fund Total voluntary contribution in 2010, in USD: 649,555 Unearmarked contribution in USD: 0 Donor ranking: 24/71 Donor ranking per capita: n/a
United Nations Development Fund for Women Total voluntary contribution in 2010, in USD: 94,269 Unearmarked contribution in USD: 0 Donor ranking: 37/71 Donor ranking per capita: n/a
292
OHCHR REPORT 2010
DONOR PROFILES
United Nations Development Programme Total voluntary contribution in 2010, in USD: 2,130,511 Unearmarked contribution in USD: 0 Donor ranking: 16/71 Donor ranking per capita: n/a
United Nations Populations Fund Total voluntary contribution in 2010, in USD: 565,712 Unearmarked contribution in USD: 0 Donor ranking: 25/71 Donor ranking per capita: n/a
Private Donors Norwegian Refugee Council Total voluntary contribution in 2010, in USD: 13,285 Total voluntary contribution in currency of donation: 60,000 (NOK) Unearmarked contribution in USD: 0 Donor ranking: 56/71 Donor ranking per capita: n/a
OHCHR REPORT 2010
293
Credits Prepared by: the Donor and External Relations Section, in consultation with the Policy, Planning, Monitoring and Evaluation Service, for the Office of the High Commissioner for Human Rights Editorial services provided by: Charles Toby Pearce Design and production by: ITC ILO Printed by: ITC ILO Photo cover page: ©AFP PHOTO/Victor Drachev, “Uzbek cross the border between Kyrgyzstan and Uzbekistan following the ethnic clashes in the south of Kyrgyzstan, June 2010.”
The designations employed and the presentation of the material in this report do not imply the expression of any opinion whatsoever on the part of the Office of the High Commissioner for Human Rights concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers and boundaries.
OHCHR REPORT 2010
OHCHR REPORT 2010 Office of the High Commissioner for Human Rights Palais des Nations CH 1211 Geneva 10 – Switzerland Telephone: +41 (0) 22 917 90 00 Fax: +41 (0) 22 917 90 08 www.ohchr.org