16/66 Advisory services and technical cooperation in the field of human rights - Report of the Secretary-General

GE.11-10624

Human Rights Council Sixteenth session Agenda items 2 and 10 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Technical assistance and capacity-building

Advisory services and technical cooperation in the field of human rights

Report of the Secretary-General*

* Late submission.

Contents Paragraphs Page

I. Introduction............................................................................................................. 1–2 3

II. Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights.............................................................. 3–7 3

III. Financial status of the Voluntary Fund ................................................................... 8–10 4

IV. High Commissioner for Human Rights: Strategic Management Plan 2010–2011, Mid-Year Review, planning and performance monitoring system ......................... 11–14 5

V. OHCHR technical cooperation: capacity- and institution-building activities ......... 15–51 5

A. Africa region................................................................................................... 16–24 6

B. Asia-Pacific region ......................................................................................... 25–28 7

C. Middle East and North Africa region.............................................................. 29–34 8

D. Europe and Central Asia region...................................................................... 35–40 8

E. Americas region.............................................................................................. 41–44 10

F. Capacity- and institution-building in the context of United Nations peace operations.............................................................................................. 45–49 11

G. National human rights institutions and regional mechanisms......................... 50–51 12

VI. Translation of human rights themes and mechanisms into the OHCHR Technical Cooperation Programme and Policy recommendations .......................................... 52–68 12

A. Human Rights Council ................................................................................... 52–54 12

B. Special procedures ......................................................................................... 55–56 13

C. Universal periodic review (UPR), follow-up and related funds...................... 57–60 13

D. Human Rights Treaties ................................................................................... 61–63 14

E. Rule of Law and Democracy .......................................................................... 64–66 14

F. Anti-Discrimination........................................................................................ 67–68 15

VII. Conclusion .............................................................................................................. 69–70 15

Annexes

I. Estimated statement of income and expenditure of the Voluntary Fund for Technical Cooperation in the Field of Human Rights for the period 1 January to 23 September 2010............ 17

II. Income of the Voluntary Fund for Technical Cooperation (AHA) versus OHCHR other extrabudgetary resources 2000-2010 (as at 31 August 2010) ................................................. 18

III. Expenditure of the Voluntary Fund for Technical Cooperation (AHA) versus OHCHR other extrabudgetary resources 2000–2010 (as at 31 August 2010).................................. 19

IV. List of donors to the Voluntary Fund for Technical Cooperation for 2010-2011 (as at 23 September 2010)................................................................................................................ 20

V. Total voluntary contributions to the Voluntary Fund for Technical Cooperation per year 2004-2010 (as at 23 September 2010) ............................................................................... 21

VI. Status of the voluntary contributions by Trust Funds in 2010 (in US$) .......................................... 22

VII. Status of the Voluntary Fund for Technical Cooperation 2010 expenditure by field presence (as at 23 September 2010)................................................................................................................ 23

I. Introduction

1. The Secretary-General submits to the Commission on Human Rights and, subsequently to the Human Rights Council, an annual report on technical cooperation in the field of human rights, reflecting the discussions of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights. The Council, in its decision 2/102, requested the Secretary-General and the High Commissioner for Human Rights to continue with the fulfilment of their activities, in accordance with all previous decisions adopted by the Commission on Human Rights, and to update the relevant reports and studies. The present report is therefore submitted as an update of the previous report,1 and focuses on the work of the Board of Trustees of the Voluntary Fund in 2010.

2. The Office of the United Nations High Commissioner for Human Rights (OHCHR) had previously interpreted decision 2/102 as extending previous Commission of Human Rights reports and providing for an annual reporting cycle. This interpretation had not received any objections to date, and the Office's interpretation was thus deemed to have received the tacit approval of Member States. However, an objection was placed on the record in 2010, albeit in the context of another report which also used Decision 2/102 as the basis for its annual reporting. OHCHR has thus further reviewed the said Decision, and concludes that with it, the Human Rights Council sought to fill a technical gap by ensuring that the deadlines for reports which were to be submitted to the 62nd session of the Human Rights Commission would be extended by one year, for submission to the subsequent substantive Human Rights Council session. With this transition period over, and the objection now on the record to the previous interpretation of annual reporting cycles, if the Human Rights Council wishes to see a continuation of this reporting mandate, a new Human Rights Council Resolution or Decision on the matter should be tabled.

II. Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights

3. The members of the Board of Trustees are appointed by the Secretary-General to advise OHCHR on streamlining and rationalizing the working methods and procedures of its technical cooperation programme. Its current members are William Schabas (Canada and Ireland), Chairperson; Mónica Pinto (Argentina); Sozar Subari (Georgia), Fatima Mbaye (Mauritania); and Deepika Udagama (Sri Lanka). The second terms of office of Mr. Schabas and Ms. Pinto will end in December 2011, while Ms. Udagama’s term of office has been extended by the Secretary-General for a second term, as from December 2010.

4. The work of the Board has evolved in its approach in recent years, from detailed revision of individual projects to advising OHCHR on policy orientation and providing global vision and strategy on technical cooperation at a broader programme level. The new direction in the role played by the Board has been appreciated by the Office, which has greatly benefited from the experience and wisdom of the Board members, particularly following the recent reforms within the United Nations and OHCHR, including strengthened engagement at the country level and strategic planning.

5. The Board holds its meetings twice a year in Geneva. Its thirty-second session was planned to coincide with the annual consultations of the OHCHR heads of field presences

1 A/HRC/13/61

from 22 February to 2 March 2010 and its thirty-third session took place from 4 to 10 October 2010. During its sessions, the Board examined various components of the United Nations human rights technical cooperation programme supported by the Voluntary Fund and received thematic and regional updates on the implementation of the OHCHR strategic management plan 2010-2011 in the context of the mid-year review, the strategic framework 2012-2013 and the performance monitoring system.

6. The Chairperson of the Board expressed appreciation on behalf of the Board for the opportunity to engage in interactive dialogue with the High Commissioner, having followed with interest the growth of the Office over the years. The High Commissioner noted her gratitude to the Board members for their guidance in the work of the Voluntary Fund for Technical Cooperation and her indebtedness to them for continuing to provide their expertise and maintaining an overview of the work of OHCHR in the field. She was pleased with the format of the Board of Trustees sessions including briefings and interactions with the different sections of the Office and Member States, encouraging the Board to continue to provide expert advice invaluable to the work of the Office in the field of technical cooperation.

7. The High Commissioner briefed the Board on the Strategic Management Plan and the Human Rights Council, in the context of strengthening dialogue, coordination and cooperation with OHCHR. The Board members thanked the High Commissioner for her update and noted the transformation in human rights over the years and the role of OHCHR, which has become more significant, and emphasized the integrated approach to human rights work in the field.

III. Financial status of the Voluntary Fund

8. The Finance and Budget Section and the Donor and External Relations Section of OHCHR provided the Board of Trustees with an update on the Status of the Voluntary Fund for Technical Cooperation, which is in a good financial state. The Board was impressed to note that the Voluntary Fund was the second largest source of extra-budgetary funds to the Office. It was informed that, although the Fund had been weaker in the 2006- 2007 biennium, it had since picked up and has steadily grown stronger over the years. The expenditure patterns are positive for 2010 and the rise in income is staying stable. The documents provided to the Board are contained as annexes to the present report.

9. The Board members noted that since the establishment of the Voluntary Fund for Technical Cooperation, the financial situation has greatly improved, drawing on the strategy of funding human rights advisers within United Nations country teams, human rights components of United Nations peace missions and country/stand-alone offices with technical cooperation components, successfully attracting donor contributions to the Fund. It acknowledged the importance of planning and results-based management, also welcomed by donors, enabling impact measurements for the benefit of long-term human-rights work.

10. The Board emphasized that the Voluntary Fund provided a very important source of financial support to the technical cooperation activities of the United Nations in the field of human rights. Despite the continued economic crisis, Member States and other contributors have generally maintained their levels of contribution. The Board expressed its gratitude and thanks to Member States and organizations for all donations to the Voluntary Fund, which manifests confidence in the work of the Board of Trustees. It reiterated the importance of receiving funds from a wide range of donors, including from those countries that benefit from the Fund, and encouraging even modest contributions as an important sign of support including those from developing nations supporting south-south cooperation.

IV. High Commissioner for Human Rights: Strategic Management Plan 2010-2011, Mid-Year review, planning and performance monitoring system

11. The Board was updated on the implementation of the High Commissioner’s Strategic Management Plan 2010-2011 and the planning process of the Strategic Framework 2012-2013, including the status and progress of development and implementation of the OHCHR performance monitoring system. It was informed that the Strategic Management Plan encompasses the vision of the High Commissioner to move towards objectives which were set out to be achieved when the six thematic priorities were established. Concrete recommendations for improvements will be developed and presented to the OHCHR Senior Management Team during the last quarter of the year.

12. The Board was pleased to note the progress achieved in the development and implementation of the new Information Technology-based performance monitoring system. The members were informed that a modular approach has been adopted whereby key components of the system will be tested in a number of field presences before the full package is released office-wide. The Board received a brief on the development of the indicators to measure progress towards the achievement of accomplishments/results through a system of evidence-based performance monitoring and was updated on the progress with the development of protocols to standardize monitoring methods and ensure comparability. In terms of reporting requirements, the Senior Management Team has requested reporting at output level on an annual basis and at expected accomplishment level on a biennial basis.

13. The Board was updated on an upcoming evaluation on OHCHR performance in supporting States to follow up on recommendations from the human rights mechanisms. It is expected that an evaluation will be under way during the first quarter of 2011. The Board acknowledged the challenging work under way in planning and monitoring, in all thematic areas and in servicing different human rights mechanisms. They were informed of the need for the planning processes to be integrated and simplified, including improvement of the coordination and coherence between Headquarters and the field.

14. The Board was informed that the Strategic Management Plan was a general summary planning document and does not outline the detailed activities, outputs, and resources required to ensure that the expected accomplishments are achieved. This information is part of the annual work plans, the implementation of which is monitored regularly through the office-wide mid-year review and the end-of-year review. The Board was pleased to note that after the mid-year review 2010, most activities are on track and implementation rates are being monitored. They were also updated on the unexpected changes resulting from responses to global crises.

V. OHCHR technical cooperation: capacity- and institution- building activities

15. The Voluntary Fund for Technical Cooperation provides support for technical cooperation activities to strengthen capacity and institution-building activities in the Middle East and North Africa region, the Europe and Central Asia region, the Americas region, and the Africa region, which represents the largest proportion.

A. Africa region

16. The Board was updated on the situation of field presences in the Africa region, learning about the country situations, the projects and activities as well as strategies, partners, budget constraints and regional priorities within the context of technical cooperation. It was briefed on the work of human rights components of United Nations peace missions in Côte d’Ivoire, Haiti, Liberia, Sierra Leone, the Sudan and Somalia; on the situation of human rights advisers in the International Conference on the Great Lakes Region (Burundi), Guinea, Kenya, Madagascar, Niger, Rwanda; and on the situation of country offices in Guinea and Togo.

17. It was informed that, although the Strategic Management Plan is the primary guide in determining the issues on which OHCHR focuses, the Office needs to keep focus and strike a balance to respond to emerging issues and to intervene where maximum impact can be made, as for example in its positive engagement in the context of elections in Togo as well as the establishment of an office in Guinea and a human rights adviser in Kenya in collaboration with United Nations agencies and national partners.

18. In the Africa region, work continued in all the six thematic areas where all human rights challenges presented themselves as priorities, specifically on countering discrimination in the framework of the Durban Declaration by addressing ethnic regional and class discrimination; and addressing economic, social and cultural rights, a critical and challenging task, especially with regard to the attainment of the Millennium Development Goals (MGDs). The Board took note of the successful cooperation with partners and was heartened to note that the Office had continued its work in strengthening regional and subregional human rights mechanisms such as the African Union, Southern African Development Community, Economic Community of West African States, and the Intergovernmental Authority on Development.

19. The Board was informed of the mid-year review progress and new developments in the field presences in Africa even when faced with limited financial and human resources as well as the large presence of human rights components in peacekeeping missions. The Board enquired into the actual application of the Strategic Management Plan in the field work and was pleased to note that a bottom-up approach had been adopted in its development. The Office acknowledged the need to be strategic and forward-looking to ensure results, impact and achievement of expected accomplishments.

20. The Board was also provided with an update on the work in the Southern Africa Regional Office and the work on strengthening engagement with treaty bodies and the universal periodic review (UPR). It encouraged more efforts towards cooperation with the United Nations Country Teams (UNCTs) in the areas of collaboration that had been identified and was pleased to note interest from Lesotho, Mozambique and Zimbabwe, including progress in the establishment and strengthening of their national human rights institutions (NHRIs). It was noted that technical cooperation projects in South Africa could serve as learning platforms for other countries in the region. The recruitment of a human rights adviser was ongoing in Madagascar.

21. In Somalia the framework for technical cooperation, endorsed by the Transitional Federal Government in 2009, contained the following main areas of intervention: strengthening the human rights capacity of the authorities, strengthening monitoring, reporting and advocacy, contributing to addressing impunity, contributing to the creation of human rights-compliant security forces, and increasing public awareness of human rights. Its implementation, regrettably, had been impacted by significant challenges and constraints. The Board was updated on the advisory services provided by OHCHR to the Independent Federal Constitution Committee, OHCHR's advocacy in favour of signing the Convention on the Rights of the Child, its work on mainstreaming human rights in the work

of the UNCT, and its support for the mandate of the independent expert on human rights in Somalia. The Board was also informed that Somalia is scheduled to undergo the UPR in 2011 and welcomed the results achieved with limited funds in spite of the challenging circumstances, encouraging OHCHR to address sexual and gender-based violence in its programming.

22. While the human rights component of the United Nations Mission in Sudan (UNMIS) is engaged in the Sudan working with institutions on the process of elections aiming at fairness and transparency, the Board noted that it was important for OHCHR to make a meaningful contribution in the context of the referendum process by preparing a plan of action for intervention on the various possible outcomes even though the human rights component of the integrated mission may have a contingency plan.

23. The Human Rights Adviser in the Great Lakes region had organized workshops closely with civil society on development of projects and activities in the framework of the UPR process for Rwanda. Consultations had also been held with members of parliament on their role in promoting and protecting human rights. The Board acknowledged the impressive work of the adviser as catalyst and human rights advocate to the International Conference on the Great Lakes Region.

24. The Board thanked the Office for the thorough briefing on the activities in the Africa region and acknowledged the challenges faced in the subregions, welcoming the achievements realized. It highlighted the importance of working to develop justice and accountability mechanisms in the region and emphasized the coordination role to be played by human rights advisers in UNCTs, including relations with Governments. The Board emphasized the need for the Office to develop strategic contingency plans drawing from experience and lessons learned in the course of its human rights work in peace processes to prepare to tackle emerging challenges in the region.

B. Asia-Pacific region

25. The Board was updated on human rights developments in the region, the situation of the field presences, projects and technical cooperation activities supported by the Voluntary Fund, and challenges. It was briefed on the situation of human rights components of United Nations peace missions in Afghanistan and Timor-Leste and on the situation of human rights advisers in Papua New Guinea and Sri Lanka.

26. The Board was informed of positive developments in Papua New Guinea with the establishment of the NHRI and the successful visit of the special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with significant development partners such as the New Zealand Agency for International Development, the Australian Agency for International Development and the Asia Pacific Forum of National Human Rights Institutions. In addition the UPR had been an important exercise in the Pacific and the Office found that it was relatively easy to interact with States although there were few ratifications and treaty reports prepared.

27. The Board was also updated on the challenges faced in Afghanistan with the deepening conflict and security and consequent staffing problems which have led to the delay in implementation of technical cooperation activities. However human rights monitoring, reporting and advocacy work has continued. The Board was briefed on the situation in Timor-Leste, which concerns addressing economic social and cultural rights, the slow implementation of activities in Sri Lanka due to weakened collaboration with partners as well as the continuation of technical cooperation activities in Indonesia after the departure of the Human Rights Adviser in January 2010.

28. The Board reiterated its support for and expressed its satisfaction with the effective human rights field presences in the region, highlighting the need for OHCHR to further develop specific intervention strategies and the importance of strengthening relations with UNCT and United Nations Development Programme (UNDP) representatives.

C. Middle East and North Africa region

29. The Board was given an overview of OHCHR field presences in the Middle East and North Africa region. It learned about the projects and activities funded by the Voluntary Fund in the region, including strategies within the context of technical cooperation in the Occupied Palestinian Territories.

30. The Agreement with the Government of Mauritania to establish an OHCHR country office was signed in September 2009 between the High Commissioner and the Government of Mauritania. The Country Office will be established in Nouakchott by the end of 2010.

31. In the OPT, the extent and complexity of the human rights challenges has required a high degree of adaptability on the part of the field presence. The Board was informed that the main priorities for OHCHR in the Occupied Palestinian Territories centre on accountability, right to life and security of person, freedom of movement and discrimination. It was further informed regarding the OHCHR leadership of the Protection Cluster Working Group in the Occupied Palestinian Territories, as well as the Office’s monitoring capabilities and activities, in response to the Human Rights Council's requests. With respect to monitoring, the urgent need for OHCHR to give East Jerusalem increased attention was stressed. The field presence's continuing provision of technical cooperation services and capacity-building activities to the Palestinian authorities were noted.

32. The deployment of a human rights adviser within the UNCT in Yemen is planned and negotiations are ongoing. The Board was informed of the activities of the Regional Office for the Middle East in Lebanon and the consultations with Member States regarding the planned establishment of the Regional Office for North Africa. The Board was pleased to note the success of the High Commissioner’s visit to the Gulf Cooperation Council’s countries and subsequent follow-up. The Board reiterated the need for OHCHR to have a strategic contingency plan to provide assistance to address human rights concerns in the region when needed. The Board learned of the progress made in the United Nations Human Rights Training and Documentation Centre for South-West Asia and the Arab Region in Qatar.

33. The Board was further interested in the issue of combating impunity and the rights to freedom of expression and association in the region, and welcomed the efforts made in the region despite challenges faced. The Board embarked on a general discussion on the state of the death penalty in the region and potential workshops to be held in view of promoting its abolition.

34. The Board also received a general update on the human rights challenges in Iraq and took note of the United Nations Assistance Mission for Iraq (UNAMI) activities, observing that planning and strategies of intervention for the promotion and the protection of human rights are crucial to provide a stable environment for the full enjoyment of all rights.

D. Europe and Central Asia region

35. The Board noted the recent developments in the field presences in the Europe and Central Asia region, as well as the challenges — including political, human, financial and administrative constraints — to the implementation of priorities in the region.

36. The Board was briefed on the situation of human rights advisers in Georgia, Moldova and the Russian Federation and on the situation of the field presence in Kosovo2. The Board learned of the work undertaken with the United Nations Interim Administration Mission in Kosovo (UNMIK) on legislative amendments in workshops with the Kosovo Assembly, in its role of appointing the Ombudsperson to promote compliance with the Paris Principles relating to national human rights institutions. OHCHR had also been working with other partners in Kosovo such as the Organization for Security and Co- operation in Europe, the Council of Europe and the European Union and had thus established its reputation as a coordinator of human rights work. The Board was interested to learn that the European Union integration agenda in Kosovo provides opportunities for OHCHR to mainstream human rights issues.

37. In the South Caucasus, a region faced with the challenges linked to countries in transition, OHCHR carried out activities to strengthen NHRIs in order to increase local capacity to translate international obligations with regard to human rights protection. The Senior Human Rights Adviser contributed to the working groups established by the Georgian Government to prepare a justice reform strategy, focusing on penitentiary, probation and juvenile justice issues. He also contributed, through a series of regional workshops, to an increased understanding in Azeri society of the need to decriminalize libel and defamation. As a result, a draft law has been developed which is pending consideration in the Parliament. OHCHR continued to promote ratification of human rights treaties and engagement of countries with special procedures mandates. The UNDAF 2010-2015 was accepted by the Government of Azerbaijan and human rights concerns were reflected in the document. The Board noted that in the case of a high level of ratification, the challenge was practical implementation of laws. The Board was heartened to learn that the UPR was an encouraging mechanism for engagement with the countries in the region on human rights.

38. The Board learned of the steady progress in the completion of the first cycle of the human rights masters programme at leading Russian universities and the OHCHR fellowship programme for indigenous peoples. The second cycle is under way and the feedback from students who have studied in European universities is positive. The Board was pleased to learn that civil society was supportive of the programme and was aware of its long-term goals. It also took note of the human rights network for judges established in the Russian Federation for which United Nations jurisprudence in Russian is planned on the website. The High Commissioner is expected to visit next year. The Ombudsman’s office is a key partner in the Russian Federation.

39. The Board was updated on the work in the Republic of Moldova in preparation for and in follow-up to the ratification of the International Convention on the Rights of Persons with Disabilities. OHCHR was also instrumental in building the capacity of the Centre for Human Rights (Moldova’s NHRI) through information sessions and expertise, as well as in providing advice on the process of preparing the Centre’s application for accreditation with the International Coordinating Committee of NHRIs. The Republic of Moldova will be reviewed under the UPR in 2011, and OHCHR is presently assisting in the preparation process. The deployment of a human rights adviser in Ukraine in 2011 is being discussed with the RC and the UNCT.

40. Following the violence in Kyrgyzstan in June 2010, human rights staff have been deployed to the South of Kyrgyzstan in the field for a period of one year. The Board was further informed that the Regional Office for Europe in Brussels was working on the issue

2 Throughout this report, all references to Kosovo, whether to the territory, institutions or population

shall be understood in the context of Security Council resolution 1244 (1999) and without prejudice to the status of Kosovo.

of discrimination and migration as a priority. The Office is working closely with the Council of Europe on adequate housing, education and migration, and child trafficking. The Board was pleased to note that economic, social and cultural rights were being addressed in the region.

E. Americas region

41. The Board was updated on field presences, projects, activities, strategies, partners and regional priorities within the context of technical cooperation in the Americas, as funded by the Voluntary Fund. The Americas region is generally characterized by stable democracies, solid legal frameworks, good NHRIs, organized civil society, and a high level of ratification and therefore presents a number of opportunities to engage with OHCHR in specific areas of human rights. In this context, the Board was informed that the challenges were mainly inequality and lack of access to economic social and cultural rights, discrimination against indigenous peoples and minorities, administration of justice, the fight against impunity and public security. It was informed about a regional consultation with Heads of Field Presences and experts that took place in Panama in August 2010 to assess the human rights and political situation in the region. During the consultation, the participants agreed that the priorities established in the 2010-2011 Strategic Management Plan were still valid, with a focus on the issues of public security and Indigenous peoples.

42. The Board was pleased to learn that the deployment of Human Rights Advisers in Paraguay and Honduras had been completed and that the regional office in Santiago, Chile, is operational. OHCHR has been working to review legislation in the Plurinational State of Bolivia by addressing the anti-discrimination law and providing support to the Government on a human rights-based approach in policy planning and in developing the Human Rights Plan of Action in Nicaragua and Ecuador. The Board also learned of the challenges faced by the Office in strengthening human rights protection mechanisms and the national institutions.

43. The Board was pleased to note the work in support of administration of justice in Mexico, Colombia, Nicaragua, Panama and the issuance of an amicus curiae3 in Guatemala in setting jurisprudence on empowering rights holders to participate in public policy. The earthquake crisis in Haiti, during which the Human Rights Section of the United Nations Stabilization Mission in Haiti (MINUSTAH) suffered fatalities, placed enormous stress on the implementation of technical cooperation activities by the human rights component of United Nations peace missions in Haiti and had a significant impact on the capacity of the Office to manage the Protection Cluster. The Board acknowledged the challenges faced and welcomed achievements realized.

44. The Board was briefed on possible activities for the coming year to engage more with the English-speaking Caribbean in order to increase the level of ratification of international instruments in these countries, improve reporting status, increase open invitations to special procedures and enhance knowledge of the UPR mechanism. It was informed of the conditions of the NHRIs and the state of the justice systems; it advised that the challenge would be to find the best strategy for impact in strengthening national institutions through international standards reinforcing the accountability mechanisms. The Board acknowledged the important efforts conducted in the region in establishing relations with Governments and local authorities. In the Mexico Office, under the monitoring

3 On 25 August 2008, OHCHR presented an amicus curiae brief to the Constitutional Court of Guatemala in the case

against a former military commissioner for the forced disappearance of a number of residents of the Choatulum village between 1981 and 1984.

mandate, OHCHR has had the opportunity to increase its presence in the State and organize missions to follow up on human rights violations. The Board learned of the plan to implement the human rights-based approach programme in partnership with the Government, the military and civil society. It noted that addressing impunity and providing public security is a challenge in the region. The Board was informed of the successful cooperation in Ecuador with the UNCT and the implementation of joint programmes on judiciary reform and technical advice on the new constitution in Ecuador.

F. Capacity- and institution-building in the context of United Nations peace operations

45. The Board received an overview of the activities carried out by the Peace Mission Support and Rapid Response Section of OHCHR. The activities of the section are broadly divided into four main areas: rapid response, human rights in humanitarian action, peace missions support, and roster management for peace missions. The Board learned of the evolving role of this section in managing partnerships at headquarters and field level during crises (including during humanitarian emergencies) and in the context of the United Nations peace and security agenda (Department of Peacekeeping Operations (DPKO)) and Department of Political Affairs lead missions).

46. The Section guides OHCHR engagement in the Inter-Agency Standing Committee (IASC), the primary mechanism for inter-agency coordination of humanitarian assistance involving the key United Nations and non-United Nations humanitarian partners4. The section supports OHCHR’s role in the Protection Cluster, including when the Office has committed to lead the inter-agency protection efforts at the field level such as in the case of Haiti in the aftermath of the earthquake. The challenge faced by OHCHR is the mainstreaming of human rights from early warning to preparedness, contingency planning, emergency response and transition to recovery. It was emphasized that early engagement of OHCHR in humanitarian processes contributes to a switch from needs-based to rights- based delivery of humanitarian assistance. The Board learned of the challenges faced by the Office while working in Haiti and in Kyrgyzstan. OHCHR is also organizing six regional consultations to take place in 2010-2011 on human rights and humanitarian action in West Africa, Central Africa, East Africa, the Middle East, Central and Southern America and South East Asia with the objective to further enhance the Office’s operational capacity to engage effectively in humanitarian preparedness and response activities. The consultations are also being undertaken within the broader ambit of contributing to the development of an Office-wide framework for engagement in humanitarian action.

47. The Board was informed about progress in the field of consolidating the integration of human rights within the peace and security agenda of the United Nations. In terms of recent developments, the Board was heartened to note the discussions taking place at the highest level of the United Nations system on the possibility of applying the conditionality policy to all peacekeeping missions, which establishes that the military component of United Nations missions cannot provide support to national armed forces if they are found to have been involved in human rights violations. It was noted that OHCHR continues to play a key role in the selection for recruitment of human rights officers in United Nations peace missions formally under DPKO by providing substantive clearance of candidates. The Office also advises on and facilitates the selection process of the Heads of Human Rights components.

4 IASC was established in June 1992 in response to General Assembly resolution 46/182 on

strengthening the coordination of humanitarian assistance.

48. In the context of rapid response, the Section supported the deployment of Human Rights observers to the elections in Togo; the establishment of the panel for the follow-up to the Goldstone report; the establishment of the international fact-finding mission on the Gaza flotilla (A/HRC/RES/14/1); the establishment of the United Nations Secretary General Advisory Panel on the Sri Lankan conflict; the opening of the Guinea country office and the dispatch of a team of observers to monitor the human rights situation during the elections; and the establishment of the temporary emergency operation in southern Kyrgyzstan. An initial training session on fact-finding and investigative skills for some of the roster members took place in September 2010.

49. The Board learned of the progress on Early Warning tools being developed by the section to support senior management decision-making during crises. It heard about OHCHR coordination with the IASC sub-Working Group on Preparedness and the Office of the Special Adviser on the Prevention of Genocide. Finally, it learned about the re- launch of the Human Rights violations database project and about the plans to roll out the database initially in Mexico, Uganda, Nepal, Burundi and Côte d’Ivoire.

G. National human rights institutions and regional mechanisms

50. The Board was updated on the cooperation by the National Institutions and Regional Mechanisms Section with the geographic sections, Treaty Bodies Division, Human Rights Council and Special Procedures Division, field presences, UNDP offices and UNCTs in carrying out their work. In the course of the year OHCHR held regional workshops on regional arrangements to enhance regional and subregional arrangements for human rights mechanisms. The Board learned of the successful outcome of three consultations held in Addis Ababa, Strasbourg and Washington DC in the preparation of the international workshop on enhancing cooperation between international and regional mechanisms for the promotion and protection of human rights, held in Geneva in May 2010 pursuant to Human Rights Council resolution 12/15. The workshops were attended by experts from regional mechanisms and treaty bodies inter alia, which resulted in a series of recommendations, among which the appointment of focal points within regional arrangements to liaise with the United Nations System.

51. The Board was updated on the strengthening of national institutions and the provision of technical assistance to NHRIs in partnership with UNDP and Governments and was heartened to note the support from UNDP senior management in reiterating their strategic partnership with OHCHR in the establishment and strengthening of NHRIs for the promotion and protection of human rights at domestic level. It also learned of the ongoing fellowship programme and the status of accreditation of the NHRIs.

VI. Translation of human rights themes and mechanisms into the OHCHR Technical Cooperation Programme and Policy recommendations

A. Human Rights Council

52. The Board was updated on the current Human Rights Council review Working Group dealing with issues of substance and procedures and was informed of the Code of Conduct for special procedures mandate holders, the Complaints Procedures and the link that technical cooperation could provide to address human rights violations in the field.

53. The Board highlighted the current success of the active participation of States in the UPR process, including the highly significant input by civil society reporting. However it was noted that there is room to improve on the quality and type of recommendations emanating from the process.

54. The Board enquired as to whether the Human Rights Council had a strategy on engagement of NGOs to ensure their wide participation in preparation of alternative reports on sensitive human rights and in the Human Rights Council sessions. It noted with thanks the ongoing work of the Human Rights Council and looked forward to the upcoming review.

B. Special procedures

55. The Board was informed of the work in thematic mandates covering civil and political as well as economic and social and cultural rights, Groups in Focus (migrants, indigenous peoples and women and children) and was briefed on the overall structure of the Special Procedures Branch. The Office provided an update on the work of the special procedures, the working groups and the new mandates, including the review of mandates and the implementation of the Code of Conduct. The Board acknowledged the important contribution to the development of international law made by mandate holders.

56. The Board thanked the Special Procedures Branch for its update, noted the importance of maintaining both the thematic and country mandates and called for the strengthening of the consultative group on the nomination of the mandate holders on the public list.

C. Universal Periodic Review (UPR), follow-up and related funds

57. The Board was informed that an OHCHR UPR Strategy was developed in May 2010, adopting a holistic approach for implementation of recommendations by treaty bodies, special procedures, UPR, and High Commissioners’ recommendations. It was informed that the framework for the strategic approach for implementation of recommendations and follow-up to UPR outcomes was through: dissemination and knowledge management, direct support for implementation, and tracking the status of the implementation of recommendations.

58. The Board was informed of the UPR activities in Belarus, and a proposal being drawn up by the Regional Office for the Pacific that would help Pacific Island countries to prioritize the recommendations of UPR and other international mechanisms in a holistic fashion with a view to bringing about tangible impacts at the country level. It was noted that there was a need to strengthen the capacity in the Pacific region to work on UPR recommendations and those of other international human rights mechanisms. The Board was also informed of the UPR pre-session workshop in South Africa and the formal requests for assistance received from States: Burkina Faso, Ecuador, Cape Verde, Democratic Republic of Congo and Ecuador.

59. The Board was informed of the two UPR Trust Funds and their distinct purposes for the Universal Periodic Review to facilitate States’ participation in the UPR process and to assist States to implement follow-up recommendations. It was encouraged to note the participation and partnership of the UNCT in the preparation of documents for the UPR pre-session process.

60. On a concluding note, the Board was interested in the second cycle of the UPR and specifically pointed out its interest in a second round of visits and missions to both large

and small States and encouraged the Office to document this process. It enquired about the strategy the Office had for participation of NGOs, including in the follow-up process, and noted the importance of all mechanisms of treaty bodies, special procedures and UPR, and the interaction of States with each of the processes. The Board thanked the Office for the update on UPR and noted its appreciation of the UPR website as a useful resource for its work.

D. Human Rights Treaties

61. The Board was updated on the increase in ratification by States of treaties, which has resulted in an increase in the work of the related treaty bodies. It was informed of progress in reporting on UPR follow-up, an area in which States have shown keen interest and was updated on the establishment of new treaty bodies and inter-governmental working groups for possible adoption of new treaties and the evolution of work from purely traditional human rights work to new and challenging areas such as the rights of elderly persons, mercenaries and private security companies. The Board was updated on the workload of the Office in terms of supporting 74 weeks of treaty bodies' sessions and the consultative meetings that have been organized in Dublin, Marrakesh and Poznan by the treaty bodies to strengthen their working methods. The treaty bodies are also undertaking a review to harmonize their working methods and simplify their reporting process, and considering the inclusion of informal consultations and brainstorming sessions to include civil society and States. The treaty bodies are considering the question of ways in which the recommendations can be implemented at the country level and have held follow-up workshops to address this in an integrated and systematic approach. The Board was informed of the ongoing consideration of integrating recommendations for mechanisms such as UPR and special procedures to ensure a unified approach.

62. The Board members noted their appreciation of treaty bodies’ work as an independent mechanism and recommended strengthening the monitoring of implementation of the recommendations. With regard to members of treaty bodies, the Board recommended the adoption of guidelines and procedures to be developed by the High Commissioner to facilitate nomination by Member States. The Board also emphasized the need for treaty bodies to have greater contact with the field presences to maximize the impact of their work. OHCHR acknowledged that there was potential to institutionalize the linkages with the field through the existing field presences including informal information-sharing meetings to ensure coordinated approaches with other United Nations agencies and the UNCTs.

63. The acceptance of the UPR process was acknowledged and treaty bodies were faced with the challenge of becoming more robust and successful in their operations. The Board acknowledged the valuable normative work undertaken by the treaty bodies in strengthening the implementation of UPR recommendations. The Board emphasized the importance for treaty bodies to build on previous treaty body recommendations.

E. Rule of Law and Democracy

64. The Board was updated on the work undertaken by the Rule of Law and Democracy Section in the technical cooperation activities in collaboration with other parts of OHCHR, by providing assistance in the development of norms and standards including the implementation of best practices in the field. The Board was informed of the work in combating impunity which was designed to initiate a programme to support national accountability in the field by focusing on different investigation mechanisms –

commissions of enquiry in particular. The Board learned of the development of a policy tool for policymakers and other stakeholders.

65. The Board learned of the importance of establishing national independent commissions of inquiry, which was recently emphasized by the High Commissioner. The Office has also prepared a report on guidance on a witness and victim protection framework at the 15th session of the Human Rights Council. The strategic plan for the Office in this area is to continue to work on accountability on gross violations, establishment of national commissions of inquiry, and accountability with regard to prosecutions at national level. The Board also learned about the concerns in Latin America regarding the impact of organized crime on provision of public security. The Board appreciated the Office’s efforts to advise on transitional justice by setting standards, providing advice and capacity-building initiatives. The Board was pleased to learn of the production of tools containing collections of best practices from the United Nations field operations in the area of transitional justice.

66. The Board enquired on the issue of traditional justice and the need for sharing of ideas and was informed that experts in constitutional law in Colombia have incorporated traditional justice into jurisprudence and noted that more research into their co-existence was essential. The Board acknowledged the work of the Section and emphasized that the independence of national institutions was paramount to their success.

F. Anti-Discrimination

67. The Board was pleased to note the reinforcement of the capacity of the Anti- Discrimination Section of the Research and Right to Development Division of OHCHR. In the context of servicing mechanisms, the Section had continued to work with the various working groups comprised of Government representatives and independent eminent experts as well as the ad hoc committee on complementary standards to address gaps in normative agendas on racial discrimination. With regard to thematic and project work, the Section has held practical activities in the field to assist States to draw up national action plans to address racism and racial discrimination. In this regard two workshops were held in Africa in collaboration with l’Organisation internationale de la Francophonie for French-speaking States. There are ongoing preparations for a workshop with English-speaking African countries in December 2010 in Addis Ababa. The Board was also interested in the establishment of an anti-discrimination database in the future and was informed of plans to address the issue of promotion of anti-discrimination in collaboration with sports organizations. It was sensitized to the support required for activities related to the International Year for the People of African Descent in 2011.

68. The Board learned of the activities on the follow-up to the Durban Review Conference and the preparations for Human Rights Day 2010 on the theme: human rights defenders acting against discrimination. In conclusion the Board thanked the Section for its update and acknowledged their achievements.

VII. Conclusion

69. At the conclusion of the sessions, the Board members, along with senior staff members of OHCHR, had the opportunity to hold an interactive briefing and dialogue with Member States. The purpose was to inform and update Member States on the background, structure and operations of the Board of Trustees of the Voluntary Fund for Technical Cooperation, and to present the financial status of the Fund and activities supported by the Voluntary Fund. The session was well attended and interest was shown by the Member States in the following issues: the proportion of

funding received by field presences, whether funding was made available for UPR- related activities in the field, the ratio of staff and activity costs of the voluntary fund and the criteria of selection of activities supported by the fund. The Chairperson ended the session by thanking the Member States for their support for the Fund and their continued interest in the work of OHCHR.

70. The thirty-fourth and thirty-fifth sessions of the Board of Trustees of the Voluntary Fund for Technical Cooperation are planned from 26 to 29 May 2011 and from 31 October to 4 November 2011 respectively.

Annexes

I. Estimated statement of income and expenditure of the Voluntary Fund for Technical Cooperation in the Field of Human Rights for the period 1 January to 23 September 2010

US$

I. Income

Voluntary contributions received in 2010 14 149 427

Miscellaneous and interest income 339 153

Total Income 14 488 580

II. Expenditurea

Staff costs 6 897 618

Experts’ and consultants’ fees and travel 525 213

Staff travel 578 483

Representatives’ travel 16 300

Contractual services 600 128

General operating expenses 949 864

Supplies and materials 313 051

Grants, contributions and seminars 2 906 538

Programme support costs 1 596 915

Total Expenditure 14 384 110

Net excess/(shortfall) of income over expenditures for the period 104 470

Fund balance end of period 31 December 2009 19 331 601

Prior period adjustments/savings/loss on exchange 469 021

Operating reserve (2 616 750)

Transfer/refund to donors –

Total fund balance as at 23 September 2010 17 288 342

a Includes disbursements and obligations.

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II. Income of the Voluntary Fund for Technical Cooperation (AHA) versus OHCHR other extrabudgetary resources 2000-2010 (as at 31 August 2010)

36 099 185

14 455 503

56 729 587

105 012 496

179 127 550

212 634 510

71 977 205

12 022 737 12 536 541 18 836 484 17 815 238

73 086 305

0 0 0

50 000 000

100 000 000

150 000 000

200 000 000

250 000 000

2000-2001 2002-2003 2004-2005 2006-2007 2008-2009 2010

AHA Other XB Funds

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III. Expenditure of the Voluntary Fund for Technical Cooperation (AHA) versus OHCHR other extrabudgetary resources 2000-2010 (as at 31 August 2010)

27 684 275

14 021 626

44 383 605

77 344 334

12 705 084

20 483 153 19 364 553

14 318 151

170 463 527

72 468 283

154 176 171

95 662 557

0 0 0

20 000 000

40 000 000

60 000 000

80 000 000

100 000 000

120 000 000

140 000 000

160 000 000

180 000 000

2000-2001 2002-2003 2004-2005 2006-2007 2008-2009 2010

AHA Other XB Funds

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20 IV. List of donors to the Voluntary Fund for Technical Cooperation for 2010-2011 (as at 23 September 2010)

2010

US$ Status

2011

US$b Status

Austria 226 137.67 Paid –

European Commission 1 506 024.10 Paid –

Finland 207 151.66 Paid –

Germany 616 522.81 Paid –

India 50 000.00 Paid –

Japan 200 000.00 Paid –

Liechtenstein 18 450.00 Paid –

Netherlands 3 931 847.97 Paid 3 811 944.00 Pledge

Norway 3 090 489.53 Paid –

Organisation internationale de la Francophonie 23 056.42 Paid –

Panama 2 000.00 Paid –

Sweden International Development Cooperation Agency 1 146 319.38 Paid 1 352 448.00 Pledge

Sweden International Development Cooperation Agency 23 091.09 Pledge –

Switzerland (Darfur project) 180 000.00 Paid 200 505.00 Pledge

Swiss Agency for Development and Cooperation 1 295 336.79 Paid –

United States of America 142 000.00 Paid –

Total 14 149 427.42 5 364 897.00

b Estimated USD amount based on local currency amount pledged. Includes funds earmarked by donors for the VFTC and/or to OHCHR activities funded through the VFTC, as well as unearmarked funds allocated to the VFTC by OHCHR.

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V. Total voluntary contributions to the Voluntary Fund for Technical Cooperation per year 2004-2010 (as at 23 September 2010)

VI. Status of voluntary contributions by Trust Fund in 2010 (in US$)

0 0 0

5 000 000

10 000 000

15 000 000

20 000 000

25 000 000

YEAR

USD

YEAR 2004 2005 2006 2007 2008 2009 2010

USD 10 276 249 7 977 701 4 810 359 6 260 558 13 844 212 20 434 055 14 149 427

1 2 3 4 5 6 7

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22 VI. Status of the voluntary contributions by Trust Funds in 2010 (in US$)

494'353; 0.6%

14'149'427; 16.8% 59'705'705; 70.9%

8'915'796; 10.6% 373'277; 0.4%

560'187; 0.7%

Voluntary Fund for Technical Cooperation in the Field of Human Rights (AHA)

Trust Fund for the Support to the Activities of the OHCHR (HCA)

Trust Fund for a Human Rights Education Programme In Cambodia (CIA)

Voluntary Fund for Victims of Torture (CHA)

Other Humanitarian Trust Funds (SHA/IHA)

Voluntary Funds for the Universal Periodic Review (UPR/VPU)

VII. Status of the Voluntary Fund for Technical Cooperation 2010 expenditure by field presence (as at 23 September 2010)

Cost plan 2010 (US$) Expenditure

Field Operations and Technical Cooperation Division Activities Staff Costs Total

Total(as at 23 September

2010)$

I. OHCHR Human Rights Advisers in UNCT in:

Ecuador 139 555 348 849 488 404 430 152

Great Lakes (Burundi) 169 578 225 878 395 456 138 405

Guinea 167 466 351 249 518 715 394 921

Honduras 123 771 417 987 541 758 537 205

Indonesia 158 652 69 798 228 450 27 287

Kenya 618 816 365 295 984 111 892 203

Madagascar 89 799 109 244 199 043 –

Moldova 59 257 196 580 255 837 192 044

Nicaragua 57 348 194 192 251 540 186 686

Niger 21 131 280 335 301 466 248 470

Papua New Guinea 163 755 242 308 406 063 298 444

Paraguay 235 492 386 008 621 500 285 360

Russian Federation 517 314 546 617 1 063 931 705 223

Rwanda 101 700 194 866 296 566 218 989

South Caucasus, Georgia 369 628 859 261 1 228 889 762 165

Sri Lanka 204 982 260 777 465 759 341 360

Ukraine 339 000 114 403 148 303 –

Yemen 69 608 176 642 246 250 2 827

Zimbabwe 40 508 34 780 75 288 –

Subtotal 3 342 260 5 375 069 8 717 329 5 661 741

II. Human rights components of UN peace missions in:

Afghanistan 385 141 571 003 956 144 577 060

Côte d’Ivoire 172 099 – 172 099 149 273

Liberia 70 105 – 70 105 59 964

Sierra Leone 234 831 216 097 450 928 411 821

Somalia 111 424 269 291 380 715 212 357

Timor-Leste 643 316 30 022 673 338 644 001

Darfur, Sudan (Swiss funding) 102 824 77 176 180 000 109 970

Sudan 406 574 – 406 574 307 543

Subtotal 2 126 314 1 163 589 3 289 903 2 471 989

Cost plan 2010 (US$) Expenditure

Field Operations and Technical Cooperation Division Activities Staff Costs Total

Total(as at 23 September

2010)$

III. OHCHR country/stand- alone offices

Bolivia (Plurinational State of) 635 246

1 271 780 1 907 026 1 284 010

Kosovo 188 032 718 025 906 057 509 738

Mauritania 460 136 420 674 880 810 266 599

Mexico 420 722 1 303 531 1 724 253 1 310 132

Occupied Palestinian Territory 638 284

2 036 850 2 675 134 1 766 243

Togo 697 289 716 352 1 413 641 1 113 658

Subtotal 3 039 709 6 467 212 9 506 921 6 250 380

Total expenditures (including 13% PSC) 8 508 283 1 300 5870 2 1 514 153 14 384 110