20/39 Report of the Office of the United Nations High Commissioner for Human Rights on the operations of the Voluntary Fund for participation in the universal periodic review
Document Type: Final Report
Date: 2012 Jun
Session: 20th Regular Session (2012 Jun)
Agenda Item:
GE.12- 14418
Human Rights Council Twentieth session
Agenda items 2 and 6 Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Universal periodic review
Report of the Office of the United Nations High Commissioner for Human Rights on the operations of the Voluntary Fund for participation in the universal periodic review*
* Late submission.
Contents Paragraphs Page
I. Introduction ............................................................................................................. 1–3 3
A. Submission of the report ................................................................................. 1 3
B. Establishment of the Fund .............................................................................. 2–3 3
II. Mandate of the Fund ............................................................................................... 4–10 3
A. Travel to meetings .......................................................................................... 5–8 3
B. Pre-session briefings to assist States in preparation for the review ................ 9–10 4
III. Financial situation of the Fund ................................................................................ 11–13 4
IV. Activities ................................................................................................................ 14–22 6
A. Travel to meetings .......................................................................................... 14–16 6
B. Training activities ........................................................................................... 17–22 7
V. Conclusions ............................................................................................................. 23–26 8
Annex
Overview of expenditures for individual training activities by year ................................................ 10
Tables
1. Statement of income and expenditure for the period 1 January 2008–31 December 2011 .............. 5
2. Voluntary Fund for participation in the universal periodic review, voluntary contributions as at 31 December 2011 .................................................................................................................. 6
3. Expenditures for travel of Government representatives to sessions of the Working Group on the Universal Periodic Review and the Human Rights Council plenary ........... 7
Figure
Requests for assistance per region .................................................................................................... 7
I. Introduction
A. Submission of the report
1. The present report is submitted in accordance with Human Rights Council resolution 16/22 and decision 17/119, in which the Council requested the secretariat to provide an annual written update on the operations of the Voluntary Fund for participation in the universal periodic review and resources available to it. The present report provides an overview of the activities funded, as well as contributions received and expenditures incurred, on the basis of the terms of reference of the Fund. As this is the first such report prepared by the secretariat, information is provided retroactively to the establishment of the Fund in 2008.
B. Establishment of the Fund
2. In its resolution 5/1, the Human Rights Council called for the establishment of a voluntary trust fund to facilitate the participation of developing countries, particularly least developed countries, in the universal periodic review mechanism. At its sixth session, the Council adopted resolution 6/17, in which it reiterated its request for the Secretary-General to establish, inter alia, such a fund and requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to take the necessary measures with a view to expeditiously operationalizing the mechanism, and urged all member States, observers and other stakeholders of the Council to support its operationalization.
3. Following the approval of its terms of reference, the Fund became operational as a voluntary trust fund administered by the Secretary-General through OHCHR. Given the nature of the Fund and the activities it was designed to support, it was deemed unnecessary to establish a board of trustees.
II. Mandate of the Fund
4. The Fund can receive voluntary contributions from States, intergovernmental and non-governmental organizations or private institutions and individuals. Financial assistance may be requested by developing countries, in particular least developed countries, that are States Members of the United Nations.
A. Travel to meetings
5. The Fund was established to provide financial support for, inter alia:
(a) The travel of official representatives of developing countries, 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 sessions of the Working Group on the Universal Periodic Review during which their country is considered;
(b) The travel of official representatives of developing countries, in particular the least developed countries, that are members of the Human Rights Council and that do not have a permanent mission in Geneva, to act as rapporteurs (that is, a member of the ―troika‖).
6. During the first cycle, in response to the request of numerous member States, the activities of the Fund were expanded to include funding for the participation of developing
countries, in particular least developed countries, in the plenary session of the Human Rights Council during which the outcome of their review is adopted.
7. Under the terms of reference, the travel assistance is provided through a retroactive payment procedure. The reimbursement of travel expenses to attend the sessions of the Working Group on the Universal Periodic Review and the sessions of the Human Rights Council is initiated upon request for financial assistance from the State concerned.
8. In accordance with established United Nations practice, arrangements were made for the Fund to cover one round-trip economy class ticket per delegation for a representative not residing in Geneva, as well as daily subsistence allowance (DSA) at the Geneva rate at the time of the meeting. Confirmation of approval is issued with an indication of the maximum ticket cost to be reimbursed. Applicable United Nations rules and procedures for official travel are followed and reimbursement is made only after completion of travel and upon receipt of a travel claim with supporting documentation. Reimbursement is made directly to the Government concerned, possibly through its permanent mission in either Geneva or New York.
B. Pre-session briefings to assist States in preparation for the review
9. During the first cycle, a number of briefings were organized prior to the sessions of the Working Group on the Universal Periodic Review. Their objective was to inform Member States on how to prepare for their participation in the universal periodic review, including organizing a process of national consultation, drafting the national report and participating in the interactive dialogues in the Working Group and the Human Rights Council plenary. These briefings also focused on the policies and procedures of the Council and the Working Group as well as on the exchange of good practices and lessons learned.
10. The programme of these briefings consisted of plenary segments and break-out group discussions. During the plenary segments, the main provisions of Human Rights Council resolutions and decisions relating to the universal periodic review were presented. The break-out group segments allowed for more focused presentations and discussions on the main features of the universal periodic review process, such as the methodology for preparing the national report, including the consultation process, and the review process in the Working Group and in the Council plenary. The programmes were designed to ensure a balance between general presentations and specific segments, and keeping in consideration the fact that the universal periodic review is a holistic human rights process, as well as a cycle.
III. Financial situation of the Fund
11. Tables 1 and 2 show, respectively, the detailed financial situation of the Fund as at 31 December 2011 (statement of income and expenditure) and the status of contributions as at the same date.
12. Since its establishment, 13 countries have made financial contributions to the Fund. Table 2 provides an overview of all contributions received.
13. Most of the contributions come from a small group of countries. Given the universal nature of the mechanism, all Member States are encouraged to contribute within their means. From 2008 to 2011, the income used to fund activities included both the annual voluntary contributions and the unallocated amounts carried over from previous years. Since the Fund has not enjoyed a predictable pattern of income, substantial resources have been kept as a reserve for future activities. The absence of regular pledges by donors
accounts for the conservative disbursement pattern, which is intended, inter alia, to ensure that enough funding is available at all material times for travel of delegations requesting financial assistance.
Table 1. Statement of income and expenditure for the period 1 January 2008–
31 December 2011
(United States dollars)
2008–2009 2010-2011
Total
2008-2011
Actual Actual Actual
Income
Voluntary contributions received from
Governments a 1,492,975 898,849 2,391,824
Miscellaneous income 56,012 65,586 121,598
Total income 1,548,987 964,435 2,513,422
Expenditure
Staff costs 0 0 0
Experts’ and consultants’ fees and travel 0 0 0
Travel of staff 46,818 102,100 148,918
Travel of representatives 126,214 256,680 382,894
Contractual services 5,100 34,451 39,551
General operating expenses 39,283 2,974 42,257
Supplies and materials 0 0 0
Grants, contributions and seminars 8,199 225,192 233,391
Programme support costs 29,330 80,782 110,112
Total expenditure 254,944 702,179 957,123
Net excess/(shortfall) of income over
expenditures for the period 1,294,043 262,256 1,556,299
Opening balance 0 1,294,043 0
Miscellaneous adjustments/savings/
refunds to donors 0 22,980 22,980
Total fund balance 1,294,043 1,579,279 1,579,279
a The 2008–2009 contributions include contributions from Italy, Romania and the Russian Federation paid in 2007 but transferred to the Voluntary Fund in 2008 (US$ 375,359).
Table 2. Voluntary Fund for participation in the universal periodic review voluntary
contributions as at 31 December 2011
(United States dollars)
Donor 2008–2009 a
2010–2011
Total
2008–2011
Austria 157,729 157,729
Colombia 26,668 26,668
Denmark 359,002 359,002
Germany 418,410 246,609 665,019
Hungary 6,570 6,570
Italy 422,852 422,852
Japan 200,000 200,000 400,000
Kuwait 50,000 50,000
Romania 73,746 73,746
Russian Federation 100,000 100,000
Saudi Arabia 25,000 25,000
Singapore 10,000 10,000
Switzerland 95,238 95,238
Total 1,492,975 898,849 2,391,824
a The 2008–2009 contributions include contributions from Italy, Romania and the Russian Federation paid in 2007 but transferred to the Voluntary Fund in 2008 (US$ 375,359).
IV. Activities
A. Travel to meetings
14. Since the establishment of the Fund, 67 States1 have requested financial assistance for travel to the Working Group sessions during which they were reviewed. Of these, 30 were least developed countries. In addition, 10 States requested financial assistance to travel to the session of the Human Rights Council for the adoption of the outcome of their review. As the Fund only became operational starting from the second session of the Working Group, countries reviewed during the first session did not have the possibility to request assistance.
1 A total of 67 Member States have received support from the Voluntary Fund during the first cycle of
the universal periodic review: Angola, Antigua and Barbuda, Armenia, Belize, Bhutan, Bolivia (Plurinational State of), Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Costa Rica, Côte d’Ivoire, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominica, Dominican Republic, El Salvador, Fiji, Grenada, Guinea, Guinea-Bissau, Honduras, Jamaica, Kenya, Kiribati, Kyrgyzstan, Lao People’s Democratic Republic, Lesotho, Liberia, Malawi, Maldives, Mali, Marshall Islands, Mauritania, Mauritius, Micronesia (Federated States of), Mongolia, Mozambique, Namibia, Nauru, Nicaragua, Niger, Palau, Papua New Guinea, Paraguay, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal, Seychelles, Solomon Islands, Suriname, Swaziland, Tajikistan, Timor- Leste, Tonga, Trinidad and Tobago, Tuvalu, Uganda, Vanuatu and Yemen.
15. The figure below and table 3 provide a breakdown of the financial assistance for the travel of Government delegates to Geneva by region and an overview of annual expenditures, complete with the amount authorized and the status of reimbursement, as well as total commitments to 31 December 2011. Only 26 out of 67 requests have been fully settled, with the remaining claims not yet closed because the recipient countries have not submitted the necessary documentation.
Requests for assistance per region
Table 3. Expenditures for travel of Government representatives to sessions of the
Working Group on the Universal Periodic Review and the Human Rights Council
plenary
Year
Number of countries
supported
Amount authorized/
pending claim
(United States dollars)
Amount paid
(United States dollars)
2008 6 13,280 16,885
2009 17 33,846 23,568
2010 23 46,365 39,942
2011 21 81,778 11,698
Total 67 175,269 92,093
Grand total 267,362
16. To date, all States elected to the Human Rights Council have a permanent mission in Geneva. Consequently, there have been no requests for financial assistance to participate in a session as a rapporteur.
B. Training activities
17. A total of 23 briefings to assist countries in preparing for the universal periodic review have been organized by OHCHR and financed from the Fund (see annex). To date, a total of 106 countries have participated in these briefings, seminars and workshops. Due to
the fact that the first two sessions of the Working Group were held shortly after the adoption of Human Rights Council resolution 5/1, the countries reviewed at those sessions did not have the possibility to participate in training activities before their review. Many of them, however, participated in later seminars and briefings as resource countries.
18. In most cases these briefings were initiated by the secretariat and brought together both developing and developed countries; only the participation of the former was covered by the Fund in the form of reimbursement of travel expenses and DSA.
19. A few briefings were initiated at the request of States, other United Nations entities or intergovernmental organizations, such as the Organisation Internationale de la Francophonie (OIF), the Commonwealth Secretariat and the Council of Europe. The initiating entity produced a detailed description of the proposed training course, information on training arrangements, including location, facilities, logistical aspects, number and position of trainees, and an itemized statement of estimated cost. The venue for the briefings was determined based on proximity for intended participants and the availability of facilities.
20. Of the 23 briefings, 17 were held at the regional level, while the others were held at the national, subregional and interregional levels. During the first cycle, four national briefings were organized at the request of the countries concerned and, in the case of Somalia, following the Human Rights Council’s call for assistance to facilitate the country’s participation in the universal periodic review
21. The briefings drew extensively on the experience of States that had already undergone the review, as well as on the expertise of OHCHR regional offices, the secretariat and other intergovernmental or regional organizations. They were a forum for the exchange of information, and were aimed at helping States to organize a broad and participatory process of national consultation, to prepare a comprehensive and balanced national report and to become acquainted with the rules of procedure of the Working Group on the Universal Periodic Review and the plenary session of the Human Rights Council.
22. The need to ensure a balance between the participation of a critical mass of States— to ensure effective information and experience sharing—and the timeliness of the briefing for all participants, ideally six to nine months prior to the review, was possibly the main challenge of holding regional briefings, as not all countries were reviewed at the same session or even in the same calendar year. Countries were clearly at different stages of preparation, with some of those scheduled for review two or more years later not having even constituted the national teams yet. It is for this reason primarily that the secretariat proposed shifting to an interregional format, with all countries scheduled for review at the same session being briefed together. Such an approach is also aimed at promoting the exchange of information and best practices among countries from different geographical regions. Three such interregional briefings, for States scheduled for review during the first three sessions of the second universal periodic review cycle, were held in Madrid, Bangkok and Tunis at the end of 2011.
V. Conclusions
23. Throughout the first universal periodic review cycle, the Voluntary Fund for participation in the universal periodic review has been used to finance the
participation of requesting Member States in the relevant sessions of the Working
Group on the Universal Periodic Review. Assistance was also provided for Member
States that do not have representation in Geneva, in order to enable them to
participate in the adoption of their outcome document in the Human Rights Council
plenary. The Fund has also been used to organize and fund the participation of
officials in field-based preparatory briefings for the universal periodic review.
24. Although the parameters for financing the participation of developing country Member States in the universal periodic review sessions are consistent with
established practice for the General Assembly, the post facto reimbursement
procedure has proven unsatisfactory, as the recipient Member States have
experienced difficulties in submitting the required documentation to enable the
settlement of the claims. The secretariat is therefore proposing a revision of the terms
of reference for the Fund to make it possible for tickets to be provided in advance of
the sessions. Upon approval of the proposed modifications, a detailed note with the
revised modalities will be circulated to all delegations.
25. During the review of the work and functioning of the Human Rights Council, Member States again requested that the Fund be strengthened and operationalized in
order to encourage the significant participation of developing countries, particularly
least developing countries; they also requested that special attention be given to small
island developing States (Council resolution 16/21, para. 14). Accordingly, the
secretariat is proposing that that the revision of the terms of reference of the Fund
provide for a more substantial travel assistance for least developing countries and
small island developing States.
26. As regards the pre-session briefings organized by the secretariat, it is planned to further pursue the recently initiated shift to interregional briefings. Moreover, it is
proposed that national human rights institutions consistent with the principles
relating to the status of national institutions for the promotion and protection of
human rights (Paris Principles) be more systematically associated with these briefings.
Annex
Overview of expenditures for individual training activities by year
2011
Activity Date Format Location Counties invited
Number of
participants
Briefing for Somalia
15–17 February 2011
National Djibouti, Djibouti
Somalia, Djibouti and Italy
25
Briefing for countries reviewed in the first, second and third sessions of the universal periodic review
6–7 September 2011
Interregional Bangkok, Thailand
Bahrain, Ecuador, Indonesia, Japan, Peru, Philippines, Republic of Korea, Serbia and Thailand
92
Briefing for countries reviewed in the first, second and third sessions of the universal periodic review
6–7 September 2011
Interregional Madrid, Spain
Argentina, Brazil, Czech Republic, Finland, Guatemala, Netherlands, Romania, Spain, United Arab Emirates and United Kingdom of Great Britain and Northern Ireland
36
Briefing for countries reviewed in the first and second sessions of the universal periodic review
(Organized jointly with OIF)
31 October–3 November 2011
Interregional Gammarth, Tunis, Tunisia
Algeria, Benin, Burundi, Cape Verde, Central African Republic, Comoros, France, Haiti, Luxembourg, Mali, Morocco, Poland, Senegal, Switzerland, Togo, Tunisia and Ukraine
48
2010
Activity Date Format Location Countries invited
Number of
participants
Briefing for South- East Asian countries
10–11 May 2010
Regional Nay Pyi Taw, Myanmar
Myanmar, Lao People’s Democratic Republic, Viet Nam, Thailand and Indonesia
44
Briefing for Tajikistan
25–26 May 2010
Regional Dushanbe, Tajikistan
Tajikistan and Russian Federation
57
Briefing for West African countries
6–7 July 2010 Regional Dakar, Senegal
Niger, Sao Tome and Principe, Sierra Leone, Togo, Liberia, Mauritania, Rwanda, Burkina Faso, Eritrea, Senegal and Switzerland
73
Briefing for Latin American countries
30–31 August 2010
Regional Panama City, Panama
Honduras, Panama, Paraguay, Venezuela (Bolivarian Republic of), Colombia and Mexico
21
Briefing for European countries
6–7 September 2010
Regional Ljubljana, Slovenia
Estonia, Austria, Belgium, Denmark, Greece, Hungary, Latvia, Ireland, Iceland, Lithuania, Republic of Moldova, United Kingdom and Slovenia
39
Briefing for Pacific countries
9–10 September 2010
Regional Suva, Fiji Nauru, Papua New Guinea, Samoa, Solomon Islands, Timor-Leste, Marshall Islands, Micronesia (Federated States of), Fiji, Tuvalu and Kiribati
22
Briefing for Caribbean countries
14–15 September 2010
Regional St. George’s, Grenada
Jamaica, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Trinidad and Tobago, Antigua and Barbuda, Sierra Leone, Singapore, Barbados and Mauritius
31
Briefing for Southern African countries
27–28 September 2010
Regional Johannesburg, South Africa
Swaziland, Mozambique, Namibia, Malawi, Seychelles, Sudan, Uganda, United Republic of Tanzania, Zimbabwe, Zambia and Djibouti
60
2009
Activity Date Format Location Countries invited
Number of
participants
Briefing for the Dominican Republic
19–20 February 2009
National Santo Domingo, Dominican Republic
Dominican Republic, Guatemala and Peru
25
Briefing for Latin American countries
26–27 February 2009
Regional Panama City, Panama
Uruguay, Chile, Costa Rica, Dominican Republic, Bolivia (Plurinational State of), Ecuador, Nicaragua, El Salvador, Honduras, Panama, Guatemala and Peru
33
Briefing for Central Asian countries
27–28 April 2009
Regional Bishkek, Kyrgyzstan
Kazakhstan, Kyrgyzstan, Armenia, Belarus, Mongolia, Tajikistan, Germany and Russian Federation
32
Briefing for francophone African countries
20–21 May 2009
Regional Dakar, Senegal
Côte d’Ivoire, Democratic
Republic of the Congo, Guinea, Equatorial Guinea, Guinea-Bissau, Haiti, Mauritania, Senegal, Angola, Burkina Faso and Madagascar
24
Briefing for anglophone African countries
23–24 June 2009
Regional Addis Ababa, Ethiopia
Ethiopia, Gambia, Kenya, Lesotho, Malawi, Djibouti, Ghana and United Kingdom
23
Briefing for Arab countries
6–7 July 2009 Regional Beirut, Lebanon
Egypt, Iraq, Kuwait, Lebanon, Oman, Palestine, Qatar, Yemen, Syrian Arab Republic, United Arab Emirates and Germany
40
Briefing for the Democratic Republic of the Congo
22–23 July 2009
National Kinshasa, Democratic Republic of the Congo
Democratic Republic of the Congo
44
Briefing for European countries
22–23 October 2009
Regional Brussels, Belgium
Albania, Andorra, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Italy, Norway, Portugal, Slovenia, Spain, Sweden, Turkey, United States of America, Switzerland and United Kingdom
46
Activity Date Format Location Countries invited
Number of
participants
Briefing for South- East Asian countries
16–17 November 2009
Regional Bangkok, Thailand
Lao People’s Democratic
Republic, Nepal, Myanmar, Singapore, Thailand, Philippines, Timor-Leste, Viet Nam, Indonesia and Malaysia
50
2008
Activity Date Format Location Countries invited
Number of
participants
Briefing for the English-speaking Caribbean countries
6–7 October 2008
Regional Bridgetown, Barbados
Bahamas, Belize, Dominica, Jamaica, Guyana, Antigua and Barbuda, Barbados, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Grenada, Trinidad and Tobago, United Kingdom, Zambia, Tonga, India, New Zealand
47
Briefing for Asian countries
20–21 November 2008
Regional Bangkok, Thailand
Afghanistan, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, Indonesia, Iran (Islamic Republic of), Lao People’s Democratic Republic, Malaysia, Philippines, Viet Nam
24