20/34 Report of the Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights

GE.. The Board was updated on the implementation of activities funded by the Voluntary Fund in the framework of the OHCHR management plan across all regions, the achievements, the partnerships on the ground with civil society, Governments, United Nations partners and country teams. The Board was informed of the strategies being developed to address the challenges faced, including those in the regions of Africa, the Middle East and North Africa, Asia Pacific, Europe, North America and Central Asia, Latin -13759

Human Rights Council Twentieth session

Agenda item 10 Technical assistance and capacity-building

Report of the Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights*

Summary

The present report is submitted pursuant to Human Rights Council resolution 18/18, in which the Council invited the Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights to present a comprehensive report on the Board’s work on an annual basis, starting from the twentieth

session of the Council. It provides an update on the work of the Board of Trustees of the Fund since the previous report of the Secretary-General on advisory services and technical cooperation in the field of human rights (A/HRC/16/66).

* Late submission.

Contents Paragraphs Page

I. Introduction ............................................................................................................. 1–5 3

A. Background .................................................................................................... 1–5. It is increasingly recognized that the strengthening of democratic society, the rule of law and respect for human rights are an investment for development. There is a common understanding that building and strengthening national human rights capacities contribute 3

B. Mandate .......................................................................................................... 3–5 3

II. Activities of the Board of Trustees .......................................................................... 6–7. Technical cooperation activities implemented through the Voluntary Fund have been increasingly linked with international human rights monitoring mechanisms (see paragraphs 18 to 31 below) following the spirit that human rights protection and promotion activities are intrinsically linked and inform each other (see also annexes I and II below). 3 4

A. Thirty-fourth session ....................................................................................... 6–9 4

B. Thirty-fifth session .......................................................................................... 10–6. At the end of 2011, the Voluntary Fund offered assistance in a wide range of substantive activities undertaken in 34 different countries and territories. Projects are formulated and implemented with the broadest possible participation of all elements of national societies, including civil society and national institutions (the judicial, legislative and executive branches of Government). The projects reflect national development objectives. Assistance includes, inter alia, support at the national 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 in United Nations country teams; and the development of national plans of action for the promotion and protection of human rights. Importantly, non-governmental organizations are increasingly involved in technical cooperation activities. 3 4

III. Objectives, activities and results of the Voluntary Fund ......................................... 14–5. Technical cooperation in the field of human rights, as supported by the Voluntary Fund, has developed greatly since its establishment, including owing to a greater number of institutions and actors playing a role in human rights. From ad hoc seminars and workshops in early years, the activities sponsored by the Voluntary Fund now cover multi-component institutional capacity-building projects developed as a result of an in-country assessment of needs with the involvement of various stakeholders. 7 5

IV. Technical cooperation: current trends, challenges and synergies with other United Nations agencies, the work of the Human Rights Council and international treaty bodies and the special procedures ............................................ 18–. The Board noted that OHCHR is currently developing a reference manual on technical cooperation, which aims at providing guidance to its field presences and staff on the approach of OHCHR to technical cooperation in the light of recent trends, such as a holistic approach to follow up on recommendations made by international human rights mechanisms. The Board expressed its expectation that the manual will serve as an important guidance tool in the implementation of technical cooperation activities. 6

A. Synergies with the Human Rights Council, the treaty bodies and special procedures ....................................................................................................... 18–24 6

B. Synergies within the United Nations, including in the area of development assistance ................................................................................... 25–27 6

C. Challenges: a focus on measuring results ....................................................... 28–3. The Board appreciates the continuous support from the Member States for the Voluntary Fund. It is of the view that the ongoing global financial crisis should not alter the commitment to human rights, and encourages Member States to maintain and increase their contribution to the Fund. The Board encourages contribution from a wide range of donors, including from countries that benefit from the Fund, as even modest contributions are an important sign of support. The Board wishes also to remind inter-governmental and non- governmental organizations and individuals that their contribution to the Fund is also encouraged (see annex IV). 0 7

D. Reference manual on technical cooperation ................................................... 31 7

V. Status of funding and donors ................................................................................... 32–2. OHCHR has continuously strengthened its provision of technical cooperation. Expenditures under the Voluntary Fund for the period 1 January 2010 to 31 December 2011 amounted to $ 37.3 million, reflecting the constant increases of recent years. The increase in expenditure has not, however, been matched by an increase in contributions; indeed, for the same period, contributions only amounted to $33.78 million. Funds accumulated from previous years allowed OHCHR to implement many of its projects in 2011. By the end of 2012, the financial situation of the Fund could become a subject of serious concern for the Office. Many projects have already suffered from cash-flow problems since the beginning of 2011; if trends continue, OHCHR might be limited in its capacity to deliver technical cooperation (see annex III). 3 8

Annexes

I. Voluntary Fund cost plan and expenditures: 2010 ........................................................................... 9

II. Voluntary Fund cost plan and expenditures: 2011 ........................................................................... 10

III. Financial status of the Voluntary Fund ............................................................................................ 11

IV. List of donors and contributors ........................................................................................................ 12

I. Introduction

A. Background

1. The Voluntary Fund for Technical Cooperation in the Field of Human Rights, established by the Commission on Human Rights in its resolution 1987/83, receives voluntary contributions from Governments, organizations and individuals. The objective of the Fund is to provide financial support for international cooperation aimed at building up and strengthening national and regional institutions and infrastructures that will have long- term impact on improved implementation of international human rights standards.4. The overarching objective of the work supported by the Voluntary Fund remains that of promoting institution-building and institutional changes for the benefit of rights- holders. The objective is implemented through various approaches, including operationalizing thematic expertise, ensuring the linkage between protection and technical cooperation, the provision of support and guidance through the human rights components of United Nations peace missions and to United Nations country teams, including the placement of human rights advisers.

2. The Board of Trustees has been operational since 1993 and its members are appointed by the Secretary-General for a three-year renewable term. The mandate of the Board is to assist the Secretary-General in streamlining and rationalizing the working methods and procedures of the technical cooperation programme. It meets twice a year and reports on its work to the Secretary-General and the Human Rights Council. Current members are Sozar Subari (Georgia), Fatima Mbaye (Mauritania), Cecilia Medina Quiroga (Chile), Christopher Dominic Sidoti (Australia) and Deepika Udagama (Sri Lanka). The second terms of office of Monica Pinto (Argentina) and William Schabas (Canada and Ireland) ended in December 2011. Ms. Medina and Mr. Sidoti were appointed by the Secretary-General in January 2012.

B. Mandate

3. Since 2004, the Board of Trustees has refocused its attention from more detailed revision of individual projects to advising the Office of the United Nations High Commissioner for Human Rights (OHCHR) on policy orientation and strategy in strengthening its technical cooperation programme in the field of human rights. Instead of focusing on smaller projects, funds are now injected into the work of existing field presences on the basis of the rationale that much of the activities undertaken by OHCHR field presences fall within the area of technical cooperation. This broader definition of technical cooperation agreed by the Board of Trustees was presented to Members States and reported in the annual reports of the Secretary-General submitted to the Human Rights Council.2

4. The new role played by the Board has been appreciated by OHCHR, which has greatly benefited from the experience and wisdom of the Board members, particularly following the recent reforms in the OHCHR strategic planning process.

5. The present report covers the thirty-fourth and thirty-fifth sessions of the Board. At those sessions, the Board built on its previous experience, and continued to explore various components of the Human Rights Programme on Technical Cooperation, funded by the Voluntary Fund, with a view to providing policy guidance and advice on the technical cooperation activities carried out by OHCHR.

1 See Commission on Human Rights resolution 1993/87. 2 See A/HRC/16/66.

II. Activities of the Board of Trustees

A. Thirty-fourth session

6. The thirty-fourth session of the Board of Trustees was held in Burundi, on 26 and 27 April 2011, and in Kenya, on 28 and 29 April 2011. This was the first time in the history of the Board that a session was organized outside Geneva. The field mission provided the Board with an objective view of the real needs of field presences and a first-hand insight into the use of the Voluntary Fund with regard to achievements, thematic priorities, constraints and challenges.

7. The Board discussed technical cooperation activities by the OHCHR presence in Burundi, activities by the Regional Human Rights Adviser for the Great Lakes, as well as activities by the Human Rights Adviser in Kenya. The Board also met with different national authorities, United Nations partners, diplomatic missions and civil society organizations in Burundi and Kenya. The Board received also an overview of the human rights situation in different parts of Somalia.

8. During the field visit, the Board discussed various transitional justice programmes and mechanisms established in Burundi, Kenya and Somalia. With regard to transitional justice, the Board stressed that the challenge was to ensure that the right issues were being addressed. In this regard, the Board noted that a sustainable approach to institution-building was fundamental to ensure that a strong justice system was in place, taking into consideration the specific situation of each country. The Board was also briefed on the various thematic priorities addressed by the field presences in the countries visited, including thematic strategies relating to combatting impunity and strengthening the rule of law; the promotion and protection of economic, social and cultural rights; the promotion of democracy and good governance; and the strengthening of cooperation with international and regional human rights mechanisms and national human rights institutions.

9. The Board is of the view that its first field visit was very fruitful and should be followed by similar sessions in others countries. This would help to identify priority areas for technical cooperation and best practices.

B. Thirty-fifth session

10. The thirty-fifth session of the Board of Trustees was held in Geneva from 31 October to 3 November 2011. At the session, the Board was updated on the OHCHR 2012- 2013 management plan, in particular with regard to thematic priorities and the streamlining of planning.

11. The Board also received an overview on the use of the online performance monitoring system, which was designed to monitor and report on the results of the work of OHCHR. The Board expressed its appreciation with regard to the implementation of the computer-based performance monitoring system, and hopes that a long-term capacity- building programme will enable OHCHR staff to use the system to improve the quality of their planning and monitoring and, ultimately, their impact on the ground.

America and the Caribbean. The Board was also briefed on the situation of human rights components of United Nations peace missions and on the situation of country offices. It acknowledged the challenges faced in all these different countries and welcomed the achievements made in the field.

13. In closing the session, the Board met with representatives of Member States and briefed them on the deliberations and major outcomes of the session, in a spirit of transparency and in keeping with its tradition. It highlighted the focus of its work, namely that of providing an oversight of priorities in the use of the Voluntary Fund, as well as guidance and advice on OHCHR technical cooperation activities in general.

III. Objectives, activities and results of the Voluntary Fund

IV. Technical cooperation: current trends, challenges and

synergies with other United Nations agencies, the work of the

Human Rights Council and international treaty bodies and

the special procedures

A. Synergies with the Human Rights Council, the treaty bodies and special

procedures

18. The Board expressed its appreciation for the continued efforts of OHCHR to increase synergies in the delivery of its technical cooperation with United Nations partners and with the work of the Human Rights Council and international human rights mechanisms.

19. The Board underscored the critical importance of linking the treaty bodies, special procedures and the work of the Human Rights Council to, in particular with regard to the universal periodic review, technical cooperation. In this context, the Board stressed the potential of the technical cooperation programme to help in the implementation of the recommendations made by treaty bodies and special procedures, and at universal periodic review sessions, at the country level.

20. The Board strongly supports the holistic approach of OHCHR to support the implementation of the recommendations of all United Nations human rights mechanisms at the country level in an integrated way, in particular in the framework of the Office’s priority to strengthen human rights mechanisms and the progressive development of human rights law.

21. The Board noted that, in recent years, great progress had been made in incorporating the recommendations made by the above-mentioned mechanisms into OHCHR planning and programming at all levels, in accordance with its mandate, objectives and priorities.

22. More specifically with regard to the universal periodic review, the Board welcomes the positive developments of that process and emphasizes the importance for establishing credibility for the review through the implementation of its recommendations.

23. With regard to the funding mechanisms of the universal periodic review, the Board is of the view that the Voluntary Fund for Technical Cooperation in the Field of Human Rights and the Voluntary Fund for Financial and Technical Assistance should not be competing funds, but rather complement each other. To date, the former has, to some extent, been used for universal periodic review follow-up activities and the implementation of review recommendations at the country and regional levels, noting that contributions and pledges to the latter fund remained modest.

24. The Board is prepared to play a role in ensuring that the experience of the Voluntary Fund for Technical Cooperation in the Field of Human Rights is taken into account in the administration of the Universal Periodic Review Voluntary Fund for Financial and Technical Assistance.

B. Synergies within the United Nations, including in the area of

development assistance

to the prevention of human rights violations and conflicts, and ultimately contribute to economic development.

26. The Board noted that OHCHR, together with its partners, has made significant progress in mainstreaming human rights into the work of the United Nations, providing countries with a more coherent source of support and optimising existing resources. It has strengthened cooperation with United Nations agencies, in particular the United Nations Development Programme (UNDP). In October 2011, OHCHR and UNDP launched the UNDG Human Rights Mainstreaming Mechanism Multi-donor Trust Fund to strengthen the capacity of United Nations country teams to support development of human rights capacities at the country level. A joint strategy to deploy human rights advisers within country team Resident Coordinator offices has been developed to operationalize that process and expand opportunities for technical assistance to countries.

27. The Board expressed its appreciation about the development of the joint strategy, and noted that OHCHR had received a great number of requests from Resident Coordinators for the deployment of human rights advisers in their respective country teams. As at December 2011, some 10 requests remain unanswered owing to lack of resources, given that the Multi-donor Trust Fund had not received sufficient funds. While it is hoped that the Human Rights Mainstreaming Mechanism will become a source of funding for a significant number of human rights advisers, it is not certain when this funding will be available, and it is unlikely that it will cover all needs. The Board therefore considers that support for human rights advisers by the Voluntary Fund remains crucial.

C. Challenges: a focus on measuring results

28. A key challenge inherent to above-mentioned technical cooperation activities is measuring impact at the country level. In this context, the Board commends OHCHR on its performance monitoring system.

29. The performance monitoring system is an important contribution to the commitment of OHCHR to become a fully results-based organization, transparent and accountable to all stakeholders. In order to advance towards this goal, OHCHR has invested in the establishment of a computer-based performance monitoring system, which allows for consistent, evidence-based reporting on the achievement of results. The system links planning, monitoring and the production of reports, and facilitates the definition of results, selection of relevant indicators and the establishment of targets for technical assistance, as well as ongoing, evidence-based assessment of results during the implementation of activities. The system thus facilitates decision-making by members of OHCHR management on issues relating to the performance of technical cooperation projects, supports the creation and maintenance of an institutional memory on assistance provided, and facilitates the sharing of experiences and lessons learned.

30. The Board strongly recommends that OHCHR and its field presences start making the performance monitoring system an integral part of their programming work.

D. Reference manual on technical cooperation

V. Status of funding and donors

Annex I

Voluntary Fund cost plan and expenditures: 2010

V. F. for Technical Cooperation (AHA)

Activities Staff costs Total Total

Field Operations & Technical Cooperation (31/12/2010)

(a) Human Rights Advisors (19):

- Activities implemented by OHCHR HROs

to the UNCT in:

- Russian Federation 517,314 546,617 1,063,931 847,438

- South Caucasus, Georgia 369,628 859,261 1,228,889 827,931

- Moldova 59,257 196,580 255,837 245,919

- Ukraine 33,900 114,403 148,303 -

- Yemen 69,608 176,642 246,250 2,827

- Zimbabwe 40,508 34,780 75,288 -

- Rwanda 101,700 194,866 296,566 296,230

- Great Lakes (Burundi) 169,578 225,878 395,456 368,150

- Kenya 618,816 365,295 984,111 996,089

- Niger 57,687 280,335 338,022 357,113

- Guinea 167,466 351,249 518,715 465,176

- Madagascar 89,799 109,244 199,043 -

- Ecuador 167,805 348,849 516,654 496,437

- Nicaragua 57,348 194,192 251,540 217,609

- Paraguay 235,492 386,008 621,500 233,685

- Honduras 123,771 417,987 541,758 537,284

- Papua New Guinea 163,755 242,308 406,063 426,151

- Sri Lanka 204,982 260,777 465,759 411,677

- Indonesia 158,652 69,798 228,450 200,170

sub-total HR Advisors: 3,407,066 5,375,069 8,782,135 6,929,886

(b) Support to Peace Missions

- Activities implemented by UN Peace Missions (8)

Human Rights Units in:

- Haiti 213,457 - 213,457 -

- Afghanistan 385,141 571,003 956,144 720,794

- Tinor Leste 643,316 30,022 673,338 673,386

- Côte d'Ivoire 172,099 - 172,099 172,212

- Liberia 70,105 - 70,105 70,105

- Sierra Leone 234,831 216,097 450,928 425,727

- Somalia 162,729 153,924 316,653 270,665

- Darfur, Sudan (Swiss fuding) 127,332 77,176 204,508 168,055

- Sudan 406,574 - 406,574 350,988

sub-total Peace Missions: 2,415,584 1,048,222 3,463,806 2,851,932

(c) Country Offices/Standalone Office (6)

- Mauritania 460,136 420,674 880,810 377,191

- Togo 808,312 683,087 1,491,399 1,355,913

- Occupied Palestinian Territory 638,284 2,036,850 2,675,134 2,234,401

- Bolivia 635,387 997,242 1,632,629 1,608,754

- Mexico 420,722 1,303,531 1,724,253 1,635,301

- Kosovo 188,032 718,025 906,057 618,516

sub-total Country Offices: 3,150,873 6,159,409 9,310,282 7,830,076

Sub-Total 8,973,523 12,582,700 21,556,223 17,611,894

Total (including 13% PSC)

Expenditure (USD)

Voluntary Fund for Technical Cooperation - Status of cost plan and expenditure for 2010

Cost plan 2010 (USD)

21,556,223

OHCHR EXTRABUDGETARY RESOURCES (31 December 2010)

Annex II

Voluntary Fund cost plan and expenditures: 2011

V. F. for Technical Cooperation (AHA) Expenditure (USD)

Activities Staff costs Total Total

Field Operations & Technical Cooperation Division

(a) Human Rights Advisers in UNCT (17):

- Activities implemented by OHCHR HRAs

to the UNCT in:

- Russian Federation 985,756 462,443 1,448,199 1,306,905

- South Caucasus, Georgia 397,540 725,711 1,123,251 835,303

- Moldova 85,139 197,917 283,056 272,081

- Ukraine 36,160 139,360 175,520 20,679

- Yemen 72,772 156,288 229,060 40,567

- Zimbabwe 124,244 107,818 232,062 75,264

- Rwanda 64,195 227,470 291,665 215,775

- Great Lakes (Burundi) 194,638 193,140 387,778 372,866

- Kenya 534,292 414,354 948,646 737,320

- Niger 128,421 360,590 489,011 464,066

- Chad 101,841 403,834 505,675 365,177

- Madagascar 110,797 184,000 294,797 284,486

- Ecuador 228,775 360,749 589,524 517,997

- Paraguay 263,308 304,125 567,433 541,423

- Honduras 12,430 - 12,430 9,819

- Papua New Guinea 137,860 301,774 439,634 404,711

- Sri Lanka 219,678 248,502 468,180 395,562

sub-total HR Advisers: 3,697,846 4,788,075 8,485,921 6,860,001

(b) Human Rights Components of UN Peace Missions (11)

- Activities implemented by UN Peace Missions

Human Rights Units in:

- Haiti 206,564 - 206,564 191,216

- Afghanistan 352,792 364,730 717,522 584,822

- Timor Leste 662,725 28,273 690,998 560,540

- Côte d'Ivoire 180,800 - 180,800 177,410

- Liberia 73,467 - 73,467 73,467

- Sierra Leone 256,397 185,416 441,813 406,509

- Somalia 228,120 180,698 408,818 252,515

- Darfur, Sudan (Swiss fuding) 104,428 90,965 195,393 114,331

- Sudan 427,612 - 427,612 330,697

- Guinea Bissau 22,600 - 22,600 -

- Central African Republic 31,778 - 31,778 -

sub-total Peace Missions: 2,547,283 850,082 3,397,365 2,691,507

(c) Country/Standalone Offices (6)

- Mauritania 522,750 694,260 1,217,010 1,103,826

- Togo 867,968 757,239 1,625,207 1,477,667

- Occupied Palestinian Territory (standalone office) 848,150 2,262,957 3,111,107 2,886,697

- Bolivia 566,868 990,042 1,556,910 1,334,547

- Mexico 804,063 1,795,795 2,599,858 2,534,723

- Kosovo (standalone office) 158,993 724,912 883,905 763,666

sub-total Country /Standalone Offices: 3,768,792 7,225,205 10,993,997 10,101,126

Sub-Total 10,013,921 12,863,362 22,877,283 19,652,634

Total (including 13% PSC) 86%

For information, expenditure 2010 and closed projects = 17,611,894

Voluntary Fund for Technical Cooperation - Status of cost plan and expenditure for 2011

Cost plan 2011 (USD)

22,877,283

OHCHR EXTRABUDGETARY RESOURCES (31 December 2011)

Annex III

Financial status of the Voluntary Fund

Annex IV

List of donors and contributors