27/39 National institutions for the promotion and protection of human rights - Report of the Secretary-General

GE.14-06965 (E)

*1406965*

Human Rights Council Twenty-seventh session Agenda items 2 and 8 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Follow-up to and implementation of the Vienna Declaration and Programme of Action

National institutions for the promotion and protection of human rights

Report of the Secretary-General* **

Summary The present report is submitted pursuant to Human Rights Council resolution 23/17,

in which the Council requested the Secretary-General to report on the implementation of that resolution. The report, which covers the period from April 2013 to August 2014, contains information on the activities undertaken by the Office of the United Nations High Commissioner for Human Rights (OHCHR) to establish and strengthen national human rights institutions, cooperation between those institutions and the international human rights system, and support provided by OHCHR to the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights and relevant regional networks. The report should be read in conjunction with the report of the Secretary-General on the activities of the International Coordinating Committee in accrediting national institutions in compliance with the Paris Principles (A/HRC/27/40).

* All references to Kosovo in the present report, whether to the territory, institutions or population, are to be construed in the context of Security Council resolution 1244 (1999) and without prejudice to the status of Kosovo.

** The annexes to the present report are circulated as received, in the language of submission only.

Contents Paragraphs Page

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

II. Office of the United Nations High Commissioner for Human Rights and national human rights institutions .................................................................... 4–82 3

A. Advisory services ........................................................................................... 4–68 3

B. Support by the Office of the High Commissioner for regional and subregional initiatives by national human rights institutions.......................... 69–77 10

C. Contributions by the Office of the High Commissioner to international initiatives supporting national human rights institutions ................................ 78–82 12

III. Cooperation between United Nations human rights mechanisms and national human rights institutions .................................................................... 83–99 12

A. Human Rights Council ................................................................................... 83–91 12

B. Treaty bodies .................................................................................................. 92–98 13

C. Other meetings ............................................................................................... 99 14

IV. Cooperation with and support to national human rights institutions by international and regional organizations ................................................................. 100–101 15

V. Recommendations................................................................................................... 102–114 15

A. Recommendations to States............................................................................ 102–108 15

B. Recommendations to national human rights institutions ................................ 109–113 16

Annexes

I. Submissions of national human rights institutions to the Human Rights Council ........................... 17

II. Engagement of national human rights institutions in the second cycle of the universal periodic review (2012–2016) ................................................................................. 22

III. Engagement of national human rights institutions in the work of the treaty bodies (April 2013–May 2014) ................................................................................................................... 24

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 23/17, in which the Council requested the Secretary-General to report to the Human Rights Council at its twenty-seventh session on the implementation of that resolution. The report outlines progress achieved since the previous relevant report of the Secretary-General (A/HRC/23/27) and during the period from April 2013 to August 2014. It should be read in conjunction with the report of the Secretary-General to the Council on the activities of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (hereafter the International Coordinating Committee) in accrediting national institutions in compliance with the Principles relating to the Status of National Institutions (the Paris Principles) (A/HRC/27/40). 2. In resolution 23/17, the Human Rights Council recognized the important role of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in assisting the development of independent and effective national human rights institutions in accordance with the Paris Principles. It also recognized the potential for strengthened and complementary cooperation among OHCHR, the International Coordinating Committee, regional coordinating committees of national institutions and the national institutions themselves. The Council also emphasized the role of independent national institutions for the promotion and protection of human rights in working together with their Governments to ensure full respect for human rights at the national level, including by contributing as appropriate to actions following up on the recommendations of international human rights mechanisms.

3. The Council encouraged the Secretary-General to continue to give high priority to requests from Member States for assistance in the establishment and strengthening of national human rights institutions in accordance with the Paris Principles.

II. Office of the United Nations High Commissioner for Human Rights and national human rights institutions

A. Advisory services

4. OHCHR activities to establish and/or strengthen national human rights institutions are coordinated by the National Institutions and Regional Mechanisms Section. Together with OHCHR field presences, and in collaboration with other United Nations entities, in particular the United Nations Development Programme (UNDP), and with regional networks of national human rights institutions, OHCHR assists Governments in establishing national human rights institutions and/or contributes to building the capacity of such institutions. In that context, OHCHR works closely with regional intergovernmental organizations, academic institutions, civil society organizations and other stakeholders.

5. OHCHR provides national human rights institutions and other stakeholders with technical and legal assistance, particularly regarding constitutional and legislative frameworks relating to the establishment, nature, functions, powers and responsibilities of institutions. OHCHR also conducts and supports comparative analyses, technical cooperation projects, needs assessments and evaluation missions to establish and strengthen the capacity of national human rights institutions to discharge their mandate effectively.

6. During the period under review, OHCHR provided advice and/or assistance on the strengthening of human rights institutions in Azerbaijan, Bahrain, Bangladesh, Burkina Faso, Chad, Comoros, Côte d’Ivoire, Ecuador, Egypt, El Salvador, Guatemala, Indonesia, Iraq, Kenya, Kosovo, the Kyrgyz Republic, Libya, Maldives, Mali, Mauritania, Mongolia, Morocco, Mozambique, Myanmar, Nepal, New Zealand, Niger, Oman, the State of Palestine, Panama, the Philippines, the Russian Federation, Samoa, Senegal, Sierra Leone, Somaliland (Somalia), Sri Lanka, the Sudan, Swaziland, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Tunisia, Uganda, Uruguay, Vanuatu and Zimbabwe.

7. OHCHR also provided assistance to activities aimed at the establishment of national human rights institutions in Benin, Botswana, the Democratic Republic of the Congo, Djibouti, the Gambia, Guinea, Guinea-Bissau, Madagascar, Norway, and, also, the establishment of such an institution in the self-declared autonomous Puntland region of Somalia.

1. Africa

8. During the period under review, the OHCHR regional offices for Central, East, Southern and West Africa, the OHCHR country offices in Guinea, Togo and Uganda, the human rights advisers to the United Nations country teams in Chad, Kenya, Madagascar and Niger, and the human rights components of the United Nations missions in Côte d’Ivoire, the Democratic Republic of the Congo, Guinea-Bissau, Mali, Somalia and Sudan continued to provide advice and assistance, in consultation with the National Institutions and Regional Mechanisms Section of OHCHR, for the establishment and/or strengthening of national human rights institutions in Africa.

Legal advice

9. In August 2013, OHCHR provided legal advice on a draft law for the establishment of a national human rights institution in the Gambia, which was validated at a national workshop. In June 2014, OHCHR provided additional comments on the draft law with a view to removing shortcomings and aligning the text with the Paris Principles.

10. In October 2013, OHCHR provided legal advice on the draft legislation establishing a national human rights institution in Djibouti, which, as of June 2014, was awaiting adoption by the National Assembly.

11. OHCHR provided comments on the bill for the establishment of a human rights institution in Puntland, Somalia, as stipulated in the provisional constitution of Somalia. As of June 2014, the bill was before the Parliament of Puntland, pending broader consultations. In April 2014, OHCHR organized a round-table consultation in Garowe, Puntland, with 14 international partners to discuss the way forward in establishing a human rights institution.

12. In Sao Tome and Principe, in April 2014, OHCHR, together with UNDP and the Ministry of Justice, organized a workshop on the Paris Principles and the establishment of a national human rights institution and recruited a consultant to assist the Government in drafting the legislation.

13. OHCHR also provided legal advice on draft amendments to the enabling law of the human rights institution of Guinea-Bissau, particularly relating to the independence of the institution, in line with the Paris Principles.

Capacity-building activities

14. In 2013, OHCHR and the Uganda Human Rights Commission pursued the implementation of their joint workplan and carried out activities to build the capacity of the Commission’s staff, mainly with regard to witness and victim protection and human-rights-

related monitoring, investigation and reporting. Joint activities were also conducted in the areas of transitional justice, due process and fair trial in the courts martial system, and the creation of a database for universal periodic review (UPR), treaty body and special procedure recommendations.

15. In April 2014, OHCHR conducted induction training for the newly appointed commissioners and staff of the Somaliland human rights institution.

16. In May 2013, OHCHR and the Sierra Leone Human Rights Commission organized forums on human rights and justice for the judicial sector to discuss obstacles in the administration of justice.

17. As a result of technical and financial support provided to the Government of Togo and to the National Human Rights Commission, a draft law to amend the organic law concerning the Commission was validated in a workshop organized in June 2013 by the Ministry of Human Rights in cooperation with OHCHR. OHCHR assisted in the drafting of a workplan for the Commission that includes enhancing human rights awareness among the public and strengthening the Commission’s consultative role and its capacity to promote and protect the rights of persons belonging to vulnerable groups.

18. In June 2013, OHCHR provided technical support for the organization of a capacity- building workshop for the Comoros National Commission for Human Rights and Freedoms and other national actors prior to the UPR of Comoros, held in February 2014. Based on the information and experiences shared at the workshop, the National Commission was able to participate actively in the UPR process.

19. OHCHR advocacy efforts, in collaboration with the United Nations Operation in Côte d’Ivoire, resulted in the establishment of the National Human Rights Commission of Côte d’Ivoire in May 2013. OHCHR facilitated several capacity-building programmes, including induction training and a workshop on the UPR process, for the Commission’s members and staff in September 2013.

20. In Niger, following the swearing-in of the members of the National Human Rights Commission in May 2013, OHCHR contributed to induction training held in September

2013. OHCHR is also providing advice and expertise for the development of the Commission’s institutional infrastructure and its four-year strategic plan of action.

21. In November 2013, OHCHR and the African Union/United Nations Hybrid operation in Darfur provided financial support for the participation of the National Human Rights Commission of Sudan in a regional consultation in Kampala on strengthening the protection mandate of national human rights institutions in East Africa. The Commission also received technical support and other assistance for the development of its strategic plan.

22. In Botswana, in December 2013, OHCHR, in cooperation with UNDP, conducted an assessment mission for the establishment of a national human rights institution and provided technical advice to the Ministry of Defence, Justice and Security.

23. In December 2013, OHCHR provided technical and financial support for a workshop that validated a draft law to reform the Senegalese Human Rights Committee.

24. In December 2013, OHCHR and UNDP organized a training programme for the commissioners of the National Human Rights Commission of Mozambique and key partners in the Government that showcased practical examples of the role of national human rights institutions as national preventive mechanisms. Together with UNDP, OHCHR held discussions with the Commission with a view to developing a human rights monitoring training programme for commissioners and compiling a manual for monitoring places of detention.

25. OHCHR provided support and technical assistance to the National Human Rights Commission of Mali to implement the recommendations made by the International Coordinating Committee when it accredited the Commission with B status in March 2012. In March 2014, with a view to transforming the Commission into a full-fledged national human rights institution, OHCHR facilitated discussions among national stakeholders on the Paris Principles and best practices, which were followed by the drafting of the necessary amendments to the enabling legislation.

26. In April 2014, OHCHR, together with UNDP, held a training workshop on handling of complaints for members of the Zimbabwe Human Rights Commission.

27. In Swaziland, OHCHR conducted a needs assessment of the national human rights institution in May 2014, together with the Network of African National Human Rights Institutions and the Commonwealth Secretariat. Discussions were held with the Government on draft legislation for the institution, which has been functioning without an enabling law.

28. In May 2014, OHCHR participated as a facilitator in the induction training programme for the newly appointed commissioners of the Kenya National Commission on Human Rights.

29. In Burkina Faso, an induction training programme was held in July 2014 for the new commissioners of the National Human Rights Commission with the aim of developing a strategic plan and internal guidelines for the Commission.

30. In compliance with the constitutional requirement that a national human rights institution be established within six months of the installation of the new National Assembly, Guinea initiated a process for the adoption of an enabling law for a national human rights institution. Since the swearing-in of the National Assembly in early 2014, OHCHR has been assisting the Government in that process.

31. As a result of advocacy and technical assistance by OHCHR, the decree on the appointment of the members of the Benin Human Rights Commission and its effective establishment was signed by the President on 6 May 2014.

32. Following advocacy and technical support by OHCHR, the Government of Madagascar agreed to submit a draft law to Parliament establishing a national human rights institution.

2. Americas and the Caribbean

33. During the period under review, the OHCHR regional offices for South and Central America, the country offices in Guatemala and Mexico and the human rights adviser to the United Nations country team in Ecuador continued to provide advice and assistance, in consultation with the National Institutions and Regional Mechanisms Section of OHCHR, for the strengthening of national human rights institutions in the Americas.

Capacity-building activities

34. In early 2013, at the request of the newly established national human rights institution of Uruguay, OHCHR funded the recruitment of a consultant to support that body’s institutional development.

35. In November 2013, in cooperation with the Ombudsman of Panama, OHCHR developed a protocol to address cases of racial discrimination against indigenous people and Afro-descendants.

36. In January 2014, OHCHR organized a workshop for the staff of the Office of the Ombudsman of Ecuador with a view to strengthening their capacity to monitor public policies and handle complaints concerning economic, social and cultural rights.

37. In Guatemala, OHCHR is developing a programme to strengthen the capacity of the national human rights institution in the area of transitional justice, particularly enforced disappearances. The programme includes training in international human rights law, international criminal law and international humanitarian law. Training has also been organized to strengthen staff members’ capacity to develop internal tools to deal with complaints of gender-based violence.

38. Also in Guatemala, OHCHR organized two workshops in February and April 2014 for the heads of local offices of the national human rights institution, with a view to designing the structure of a customized protocol to investigate human rights violations, including the context of forced evictions, states of emergency, social conflicts and protection of migrants. A seminar held in February 2014 together with the national human rights institution and two universities brought together key actors from different social sectors for an open dialogue to identify the relationship between social conflicts and human rights.

39. OHCHR provided advisory services to the national human rights institution of El Salvador in the drafting of alternative reports to treaty bodies and held a training programme on the eve of the second UPR of the country.

3. Asia and the Pacific

40. During the period under review, the OHCHR regional offices for South-East Asia and the Pacific and the human rights advisers to the United Nations country teams in Maldives and Sri Lanka continued to provide advice and assistance, in consultation with the National Institutions and Regional Mechanisms Section of OHCHR, for the establishment or strengthening of national human rights institutions.

Legal advice

41. In September 2013, OHCHR provided legal advice on a draft law to strengthen the Commission on Human Rights of the Philippines and to enhance its compliance with the Paris Principles.

Capacity-building activities

42. In 2013, OHCHR worked closely with the Human Rights Commission of Maldives by providing information, guidelines and manuals on human rights standards and monitoring. In particular, OHCHR provided advice and support to the commissioners and staff on human rights monitoring in connection with the elections. OHCHR also facilitated the Commission’s sharing of inputs with United Nations human rights mechanisms.

43. OHCHR organized a presentation on the Paris Principles and the relationship between national human rights institutions and parliaments for members of the Mongolian National Human Rights Commission and Mongolian parliamentarians who visited Geneva in December 2013.

44. As a result of support and technical assistance from OHCHR, in partnership with the Asia-Pacific Forum of National Human Rights Institutions (APF), the Ombudsman of Samoa was vested with a broadened mandate under the new Ombudsman Act. OHCHR, APF and UNDP conducted a capacity assessment of the institution in February 2014.

45. In March 2014, OHCHR organized a presentation on the Paris Principles and the accreditation process for national human rights institutions to a delegation from the Human

Rights Commission of Sri Lanka during the latter’s study tour to Geneva, organized by the Commonwealth Secretariat.

46. In Myanmar, OHCHR, together with other partners, provided support and technical cooperation to the national human rights commission and the executive and legislative authorities. As a result, the Parliament in March 2014 adopted a law providing for a stronger national human rights commission with a broad mandate. OHCHR undertook various related capacity-building activities, including the provision of training in the UPR process, the Paris Principles, economic, social and cultural rights and human rights.

4. Europe and Central Asia

47. During the period under review, the OHCHR regional offices for Europe and Central Asia, the OHCHR office in Kosovo and the human rights advisers in the Republic of Moldova, the Russian Federation, Tajikistan, the former Yugoslav Republic of Macedonia and Ukraine continued to provide advice and assistance, in consultation with the National Institutions and Regional Mechanisms Section of OHCHR, in the establishment and/or strengthening of human rights institutions.

Legal advice

48. In 2013, OHCHR provided advisory support to the Ombudsman of the Kyrgyz Republic to ensure effective follow-up to the recommendations of the Subcommittee on Accreditation and provided comments on the draft law on the Ombudsman to bring it into line with the Paris Principles.

49. In December 2013, at the request of the Government of Norway, OHCHR provided legal advice on the draft law establishing a new national human rights institution.

50. In the Republic of Moldova, OHCHR, in close cooperation with the Ministry of Justice, civil society and international partners, provided comments during the drafting of a law to reform the existing national human rights institution. Together with other stakeholders, it provided guidance to members of Parliament on relevant international standards. The law was enacted in May 2014.

Capacity-building activities

51. In cooperation with the Ombudsman of the Russian Federation, OHCHR organized a workshop on business and indigenous peoples’ rights in June 2013, in the Khanty- Mansiysk region that was attended by human rights commission from 20 regions of the Federation and representatives of the Government and the business and indigenous communities. Participants were introduced to the international mechanisms and standards concerning indigenous peoples’ rights and corporate responsibility. In October 2013, OHCHR organized a workshop for regional human rights commissioners on promoting equality and combating discrimination, with a focus on the relevant international legal framework.

52. In November 2013, OHCHR provided training to the staff of the Moldovan national human rights institution on anti-discrimination issues. In May 2014, it organized, with that institution, a forum on hate crimes and other discriminatory acts, as part of a broad initiative to press for improvements in national law, policy and practice in those areas.

53. In February 2014, OHCHR organized a workshop for the members of the committee tasked with selecting the new Ombudsman of Kosovo to ensure a fair and objective selection process.

54. In March 2014, OHCHR supported the participation of the Ombudsman of the Kyrgyz Republic in the 110th session of the Human Rights Committee during which the

State report was reviewed. OHCHR also organized capacity-building activities for the Ombudsman, including training programmes on international human rights standards, fair trials, adequate housing, the rights of minorities, the right to freedom of religion and the rights of women and children.

55. In June 2014, OHCHR held a seminar to share information and best practices with the staff of the newly established human rights institution of Turkey.

56. OHCHR extended technical support to the Ombudsman of Tajikistan for establishing a Working Group for Monitoring Places of Detention as a first step towards ratification of the Optional Protocol to the Convention against Torture. A two-day training programme was also organized to impart knowledge to the members of the Working Group about the monitoring tools and the Istanbul Protocol, besides providing guidance in drafting their annual work plan for monitoring places of detention.

57. OHCHR, along with the Ombudsman institution of the former Yugoslav Republic of Macedonia, advocated for amendments to its founding law to bring it in full compliance with the Paris Principles. OHCHR is also supporting the Government to identify the shortcomings of the Law of the national Anti-Discrimination Commission to define the amendments required to align it with the Paris Principles, and ensure the effective functioning of the Commission.

58. Upon the invitation of the Ombudsman of Azerbaijan, OHCHR participated in the 12th International Baku Conference of Ombudsmen, in June 2014, and made a presentation on the role of national human rights institutions in the protection and promotion of women’s rights. OHCHR also conducted round tables on the role of such institutions for the staff of the Ombudsman’s Office and other stakeholders.

5. Middle East and North Africa

59. During the period under review, the OHCHR regional offices for the Middle East and North Africa, the OHCHR offices in Mauritania, Palestine and Tunisia, the United Nations Assistance Mission for Iraq and the United Nations Support Mission in Libya continued to provide advice and assistance, in consultation with the National Institutions and Regional Mechanisms Section of OHCHR, in the establishment and/or strengthening of national human rights institutions in the Middle East and North Africa.

Legal advice

60. OHCHR provided legal advice on the draft law to amend the decree establishing a national human rights institution in Bahrain, to ensure its compliance with the Paris Principles.

Capacity-building activities

61. In 2013, in partnership with the United Nations Assistance Mission for Iraq (UNAMI), UNDP and the United Nations Office for Project Services, OHCHR engaged a human rights expert to help establish the secretariat of the High Commission for Human Rights of Iraq and to draft the Commission’s first annual report. A consultant was recruited to help with the design and roll-out of the website of the High Commission for Human Rights of Iraq’s website. UNAMI and OHCHR supported and facilitated the implementation of a new European Union-funded project for building the High Commission for Human Rights of Iraq’s capacity by establishing and participating in a steering committee to supervise the implementation of the project and provide policy guidance. In June 2013, OHCHR made a presentation on the Paris Principles and the relationship between national human rights institutions and parliaments to a delegation

from the High Commission for Human Rights of Iraq and Iraqi parliamentarians visiting Geneva.

62. In Tunisia, OHCHR continued its advocacy for the strengthening of national human rights institution, the Higher Committee on Human Rights and Fundamental Freedoms, in line with the new constitution. In May 2013, in cooperation with the Danish Institute for Human Rights and the German Agency for International Cooperation, OHCHR organized a workshop on the Paris Principles for the commissioners of the Higher Committee. This was followed, in January 2014, by a visit to Copenhagen by members of the Higher Committee and of the National Constituent Assembly. A relevant draft law is expected to be submitted to the Government and, eventually, to the National Constituent Assembly for adoption.

63. In the fall of 2013, in the framework of a study tour in Geneva, OHCHR organized a presentation on the Paris Principles and the national human rights institution accreditation process to a delegation from the Omani national human rights institution. Subsequently, the International Coordinating Committee accredited the institution with B status. In March 2014, OHCHR, together with UNDP and APF, conducted a capacity assessment of the institution.

64. In December 2013, OHCHR together with UNDP conducted a mission to Egypt to assess the needs of the National Council for Human Rights with a view to establishing a technical cooperation programme between the National Council, OHCHR and UNDP.

65. OHCHR and the United Nations Support Mission in Libya deployed a dedicated adviser to strengthen the capacity of the Libyan National Council for Civil Liberties and Human Rights. OHCHR held training sessions for the staff on international human rights standards, on the collection, classification and analysis of information, and on report writing, field interviews and risk assessment. In March 2014, OHCHR, UNDP and the National Council organized a two-day conference to raise awareness and share good practices with regard to the independence of the National Council and to the national human rights action plan.

66. In cooperation with the national human rights commission of Bahrain, OHCHR organized a series of national consultations on various human rights issues, including a round table in April 2014 on the role of national human rights institutions in promoting and protecting human rights.

67. In the State of Palestine, OHCHR provided training to the staff of the national human rights institution in monitoring economic, social and cultural rights and assisted in the development and publication of a manual for law enforcement officials on legal standards for arrest and detention.

68. In May 2014, OHCHR organized a workshop on the Paris Principles and the role of a Paris-Principles-compliant national human rights institution for the commissioners and staff of the National Human Rights Commission of Mauritania.

B. Support by the Office of the High Commissioner for regional and subregional initiatives by national human rights institutions

1. Africa

69. On 31 May 2013, OHCHR co-organized and hosted the first meeting of the network of Central African national human rights institutions. The meeting was attended by five institutions and focused on an action plan and modalities for fundraising to sustain the network.

70. On 11 November 2013, OHCHR facilitated a training session on human rights investigation techniques during a workshop organized by the Economic Community of West African States Human Rights Institutions Network.

71. Together with the Commonwealth Forum of National Human Rights Institutions and the Danish Institute for Human Rights, OHCHR provided support to the biennial Conference of the Network of African National Human Rights Institutions, held from 27 to 29 November 2013 in Accra, with a focus on business and human rights. The Conference adopted a declaration identifying priorities for the African institutions’ action in that area.

72. In November 2013, OHCHR organized a subregional consultation in Kampala on strengthening the protection mandate of national human rights institutions, with the participation of 26 representatives of such institutions from eight countries of East Africa. The participants shared good practices and challenges in implementing protection mandates. They agreed to set up a network of national human rights institutions in East Africa.

2. Asia and the Pacific

73. In December 2013, OHCHR, UNDP, APF and the Ombudsman of Samoa organized a regional roundtable on the establishment of national human rights institutions in the Pacific in Apia, Samoa, with the participation of representatives from Palau, Samoa, Tonga and Vanuatu.

74. In March 2014, OHCHR, APF and the Pacific Islands Forum finalized a joint partnership for the establishment and strengthening of independent national human rights institutions in the Pacific. The partnership outlines principles of cooperation to ensure coordination, good use of existing resources and complementarity of efforts. The strategy involves close cooperation in visiting the countries of the region, in follow-up actions, and in continuing assistance to support the independent functioning of national human rights institutions in the Pacific.

3. Middle East and North Africa

75. In June 2013, OHCHR participated in the ninth annual meeting of Arab National Human Rights Institutions, organized in Rabat by the National Human Rights Council of Morocco, with a focus on transitional justice. OHCHR made a presentation on transitional justice processes and the role of national human rights institutions in that regard.

76. In September 2013, OHCHR participated in the eighth Arab-European Human Rights Dialogue, organized by the Danish Institute for Human Rights in Copenhagen. OHCHR made a presentation on the importance of the independence and accountability of NHRIs and on the general observations of the International Coordinating Committee.

4. Europe and Central Asia

77. On 4 December 2013, OHCHR provided support for a regional conference organized by the Council of Europe on the working relations of the Ombudsman of Kosovo with the judiciary, including the Constitutional Court. This conference was attended by representatives of ombudsman institutions and constitutional courts of the region.

C. Contributions by the Office of the High Commissioner to international initiatives supporting national human rights institutions

1. Annual general meetings of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights

78. During the reporting period, OHCHR provided secretariat and technical support for two annual general meetings of the International Coordinating Committee, held in Geneva from 6 to 8 May 2013 and from 12 to 14 March 2014.

2. Bureau meetings

79. OHCHR provided secretariat and technical support for three statutory Bureau meetings of the International Coordinating Committee, which were held in Geneva on 6 May 2013 and 12 March 2014 and in Accra on 25 and26 November 2013. The Bureau members discussed their strategic priorities and other organizational issues. They also endorsed the reports of the Subcommittee on Accreditation of November 2012, May 2013 and November 2013.

3. Subcommittee on Accreditation

80. Article 6 of the Statute of the International Coordinating Committee provides that meetings of the Subcommittee on Accreditation shall be held under the auspices of and in cooperation with OHCHR. Accordingly, OHCHR provided substantive support for three sessions of the Subcommittee, held in Geneva in May and November 2013 and in March

2014. The presence of OHCHR at all the meetings of the Subcommittee is instrumental to attesting the compliance of the accreditation process with the established rules of procedure and contributes to its transparency, fairness and rigorousness.

4. National human rights institutions in Portuguese-speaking countries

81. In May 2013, OHCHR participated in a meeting in Lisbon as follow-up to a workshop held in October 2012 in Cape Verde on the establishment and strengthening of NHRIs in the Portuguese-speaking countries. During the meeting, a network of national human rights institutions of Portuguese-speaking countries was formally established under the chairship of the national human rights institution of Mozambique.

5. Fellowship programme for staff of national human rights institutions

82. OHCHR continued the fellowship programme for the staff of A-status national human rights institutions. Initiated in 2008, the programme is designed to provide fellows with information on and working experience with the international human rights system, and to familiarize them with the work of OHCHR with national human rights institutions. During the period under review, fellows from the human rights institutions of Kenya, Mexico, Mongolia, Morocco, the State of Palestine, the Philippines and South Africa participated in the programme.

III. Cooperation between United Nations human rights mechanisms and national human rights institutions

A. Human Rights Council

83. During the reporting period, national human rights institutions were active before and during the sessions of the Human Rights Council, delivering statements, submitting

written documentation, participating in general debates and under specific agenda items, organizing parallel events and interacting with the special procedures. A total of 31 institutions participated in Council sessions during the reporting period (see annex I). Out of these, 12 NHRIs participated in the sessions of the Human Rights Council through video statements.

84. In May 2013, at the twenty-third session of the Human Rights Council, a representative of the Commission on Human Rights of the Philippines participated in the panel discussion on the contribution of parliamentarians to the work of the Human Rights Council and the UPR.

85. In June, 2013, at the twenty-fourth session of the Human Rights Council, a representative of the Australian Human Rights Commission and the Ombudsperson for Gender Equality of Egypt participated in the annual full-day panel discussion on women’s rights.

1. Universal periodic review

86. The second cycle of the UPR has seen increased engagement by national human rights institutions (see annex II). As was agreed on by the Council, a summary of the written contributions submitted by A-status institutions now forms a separate section in the summary of information from stakeholders prepared by OHCHR, which is one of the three documents that form the basis of the review. This has allowed A-status institutions to share their independent views on the impact of the UPR on the promotion and protection of human rights, including good practices, challenges and emerging human rights issues.

87. A-status institutions are also increasingly making use of opportunities created for them by the Council to intervene immediately after the State under review at the adoption of the outcome of the review by the Council plenary, including through the representative of the International Coordinating Committee or through video statements.

88. In the light of the role that national human rights institutions can play at the national level in the follow-up to the review and in developing tools to monitor and assess progress in the implementation of recommendations, OHCHR has been actively supporting and encouraging their participation in the UPR process.

89. A few A-status institutions have contributed in writing or via video statements to the general debate under agenda item 6 of the Council, including by sharing midterm progress reports on the status of the implementation of recommendations, and of voluntary commitments and pledges made by States.

2. Special procedures

90. During the general debates at the sessions of the Human Rights Council, the International Coordinating Committee and individual national human rights institutions interacted with special procedures mechanisms and submitted written contributions on reports prepared by the latter.

91. OHCHR regularly provides special procedures mandate holders preparing for country missions with information on the work of national human rights institutions. Increasingly, mandate holders seek the assistance of such institutions in ensuring that their recommendations are implemented at the national level.

B. Treaty bodies

92. OHCHR continued to support the participation of national human rights institutions in the sessions of the treaty bodies. The secretariats of the treaty bodies, the National

Institutions and Regional Mechanisms Section of OHCHR and the Geneva representative of the International Coordinating Committee liaised with national human rights institutions prior to each session to encourage them to provide written or oral information, and to attend the sessions. OHCHR also prepared briefings on institutions for the attention of treaty bodies, and disseminated relevant recommendations and concluding observations to the institutions concerned.

93. During the reporting period, human rights treaty bodies reviewed 202 States parties, 111 of which had national human rights institutions. Of the 111 institutions, more than 60 interacted with treaty bodies by submitting reports, briefing treaty bodies prior to the review or attending the sessions (see annex III).

94. Treaty bodies have been providing national human rights institutions with advice and tools to facilitate their effective engagement, including by issuing general comments, information notes and statements and inviting representatives of the institutions to their meetings. The Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have adopted general comments on national human rights institutions. The Committee on the Elimination of Racial Discrimination has amended its rules of procedure to allow A-status institutions to address the Committee in plenary session. The Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee against Torture, the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities have included in their working methods a section on the participation of national human rights institutions in their activities.

95. The Committee on Enforced Disappearances is discussing a paper on its relationship with the NHRIs to enhance the opportunities for NHRIs to engage with and contribute to its work. The Committee has engaged with the International Coordinating Committee in the process.

96. The Committee on the Elimination of Discrimination against Women held informal public meetings in July 2013 and February 2014 with the representatives of six national human rights institutions to gather information for its fifty-fifth and fifty-seventh sessions.

97. In September 2013, two NHRIs made interventions during the dialogue with State parties at the tenth Session of the Committee on the Rights of Persons with Disabilities, and provided information on their national-level monitoring activities.

98. As of March 2014, a total of 36 NHRIs had been designated as national preventive mechanisms under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Of those institutions, 17 had submitted annual reports to the Subcommittee on Prevention of Torture. During the period covered in this report, the Subcommittee conducted an advisory visit to the NPM (NHRI) of Armenia and held meetings with the NHRIs of Gabon, Germany, New Zealand and Peru in the context of its country visits.

C. Other meetings

99. Twenty national human rights institutions participated in the second United Nations Forum on Business and Human Rights, held in December 2013 in Geneva. The Working Group on the issue of human rights and transnational corporations and other business enterprises was represented on one of the panels focusing on trends, best practices and challenges in the implementation of the Guiding Principles on Business and Human Rights and the United Nations “Protect, Respect and Remedy” Framework.

IV. Cooperation with and support to national human rights institutions by international and regional organizations

100. During the reporting period, OHCHR support towards the establishment and strengthening of NHRIs in French-speaking countries, including Benin, the Comoros, Côte d’Ivoire, the Democratic Republic of the Congo, Mali and Senegal, was provided jointly or in cooperation with the International Organization of la Francophonie.

101. In early 2014, OHCHR and the International Organization of la Francophonie held discussions on their priorities for 2014 regarding the establishment or strengthening of NHRIs and, for that purpose, identified the following countries: Benin, Burkina Faso, Cameroon, Chad, Côte d’Ivoire, Djibouti, the Democratic Republic of the Congo, Guinea, Mali, Niger, Senegal and Togo.

V. Recommendations

A. Recommendations to States

102. States are encouraged to establish a national human rights institution where none exists, and to strengthen the structures and independence of existing ones in order to enable the effective fulfilment of their mandate, taking into account the recommendations made by the Subcommittee on Accreditation and the advice provided by OHCHR.

103. States are encouraged to ensure that national human rights institutions are provided with a broad mandate to protect and promote all human rights, including economic, social and cultural rights, and are granted adequate powers of investigation into allegations of human rights violations, including an authorization to visit detention centres.

104. States must ensure that national human rights institutions are provided with adequate human and financial resources and enjoy the necessary autonomy to propose and manage their own budgets and recruit their own staff members.

105. Open, participatory and pluralistic processes are important when establishing or strengthening national human rights institutions in compliance with the Paris Principles, as well as in the selection and appointment of such institutions’ members and staff.

106. Members and staff of national human rights institutions should enjoy immunity while discharging their functions in good faith.

107. States are encouraged to implement the recommendations of national human rights institutions.

108. States are urged to ensure, through appropriate means, the continuation of efficient and high-quality assistance for the establishment and strengthening of national human rights institutions and the servicing of the International Coordinating Committee.

B. Recommendations to national human rights institutions

109. National human rights institutions working in conflict situations or crises are encouraged to be vigilant and proactive in protecting the rights of persons affected, in accordance with the Paris Principles.

110. National human rights institutions are encouraged to continue their work towards implementing, in cooperation with key partners, the Amman Declaration and Programme of Action on the promotion and protection of the human rights of women and girls, adopted at the Eleventh International Conference of National Human Rights Institutions for the Promotion and Protection of Human Rights, held in Jordan in November 2012.

111. National human rights institutions are encouraged to continue to develop, and advocate for the development of, protective measures and mechanisms for human rights defenders, and to disseminate information thereon.

112. In line with the Paris Principles, national human rights institutions are encouraged to continue to engage with the international human rights system.

113. National human rights institutions are encouraged to continue to advocate for their independent participation in the meetings of United Nations human rights bodies, namely, the Commission on the Status of Women, the Conference of States Parties to the Convention on the Rights of Persons with Disabilities and the Open- ended Working Group on Ageing.

Annexes

Annex I

[English only]

Submissions of national human rights institutions to the Human Rights Council

April 2013-March 2014

Country/Institution Segment Date

Equality and Human Rights Commission of Great Britain

Agenda Item 3 Report of the Special Rapporteur on trafficking in persons, especially women and children

May 2013

Agenda Item 3 APF Action Plan on the Human Rights of Women and Girls: Promoting Gender Equality

May 2013 Asia Pacific Forum of National Human Rights Institutions (APF)

Agenda Item 3 APF collaboration with and contributions to United Nations agencies and fora, 2011-2012.

June 2013

National Human Rights Commission of India

Agenda Item 3 Report of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions on his visit to India

May 2013

Agenda Item 3 The Amman Declaration and Programme of Action

May 2013

Agenda item 8 Oral statement and video statement, joint NHRI statement

June 2013

International Coordinating Committee of National Human Rights Institutions (ICC)

Agenda Item 8 Interactive dialogue with the High Commissioner for Human Rights

September 2013

Clustered Interactive dialogue Panel discussion

March 2014

Agenda Item 3 Report of the Special Rapporteur on extrajudicial executions

March 2013 Defensoría del Pueblo of Ecuador

Agenda Item 3 Report of the Special Rapporteur on the right to education

May 2013

Country/Institution Segment Date

Agenda Item 3 Plan de Acción Regional sobre los derechos humanos de mujeres y niñas

May 2013 Network of Americas National Human Rights Institutions

Clustered Interactive Dialogue Annual Full-day meeting on the rights of the child Submission of documentation: Declaration of Puerto Ordaz

March 2014

Commission on Human Rights of the Philippines

Panel discussion on the contribution of parliamentarians to the work of HRC and its UPR

May 2013

Annual Full day discussion on women’s Rights Annual Full day discussion on women’s Rights

June 2013 Australian Human Rights Commission

Agenda item 6 General Debate

March 2014

Ombudsperson for Gender Equality of Egypt

Annual Full day discussion on women’s Rights

June 2013

Commission nationale des droits de l’homme France

Agenda item 6 UPR France

June 2013

Protector of Citizens of the Republic of Serbia

Agenda item 6 UPR of Serbia

June 2013

Commission consultative des droits de l’homme du Grand- Duché du Luxembourg

Agenda item 6 UPR of Luxembourg

June 2013

National Commission for Human Rights, Greece

Interactive Dialogue with Special Rapporteur country report

June 2013

Interactive Dialogue with Working Group on Business and Human Rights Panel discussion

June 2013

Agenda Items 3 and 5 Clustered Interactive dialogue Agenda item 6 UPR of Canada

September 2013

Canadian Human Rights Commission

Agenda item 8 Panel

March 2014

Joint Statement Clustered Interactive Dialogue

June 2013

Interactive dialogue joint statement Clustered Interactive Dialogue

September 2013

Northern Ireland Human Rights Commission, Equality and Human Rights Commission, Scottish Human Rights Commission

Agenda item 3 Report of the Special Rapporteur on adequate housing

March 2014

Country/Institution Segment Date

Agenda item 3 Report of the consultation on the promotion and protection of the human rights of older persons Agenda Item 3 Report of the Special Rapporteur on the Rights of Indigenous Peoples: Extractive Industries and Indigenous Peoples

September 2013 Human Rights Commission of Malaysia (SUHAKAM)

Agenda item 3 Report of the Special Rapporteur on the Right to Food – country report Panel on the promotion and protection of civil society space

Agenda item 6 UPR of Malaysia

March 2014

Agenda item 6 UPR of Colombia

September 2013 Defensoria del Pueblo, Colombia

Panel Annual Full-day meeting on the rights of the child

March 2014

German Institute for Human Rights

Agenda item 6 UPR of Germany

September 2013

National Commission on Human Rights and Freedoms, Cameroon

Agenda item 6 UPR of Cameroon

September 2013

State of Palestine: Independent Commission for Human Rights

Agenda item 7 Video statement

September 2013

National Human Rights Commission of Mauritania

Panel – oral statement March 2014

Country/Institution Segment Date

National Human Rights Council of Morocco

Panel – oral statement Clustered Interactive Dialogue Panel

Agenda Item 1 Human rights mainstreaming and migrants

Agenda Item 1 Foreigners and Human Rights in Morocco: For A Radically New Asylum and Migration Policy Agenda item 3 Annual Full-day meeting on the rights of the child Submission of report: Children in Protection Centres: Childhood at Risk for an Integrated Policy to protect Children’s Rights Agenda item 2-3 Annual full-day meeting on Human Rights of Persons with Disabilities

March 2014

National Human Rights Commission of Republic of Korea

Agenda item 3 country report

March 2014

Agenda item 3 Report of the Special Rapporteur on Human Rights Defenders

March 2014

Malawi Human Rights Commission -country report

Agenda item 3 country report

March 2014

Scottish Human Rights Commission on behalf of Equality and Human Rights Commission

Clustered Interactive Dialogue March 2014

Scottish Human Rights Commission

Clustered Interactive Dialogue Panel

Agenda item 3 Report of the Special Rapporteur on Human Rights and Environment Agenda item 3 Annual full-day meeting on the rights of the child

March 2014

Northern Ireland Human Rights Commission (NIHRC)

Clustered Interactive Dialogue March 2014

Office of the Commissioner for Human Rights of the Republic of Azerbaijan

Clustered Interactive Dialogue March 2014

Country/Institution Segment Date

National Commission on Human Rights, Mexico

Agenda item 3 Death Penalty

March 2014

Jordan National Center for Human Rights

Agenda item 6 UPR of Jordan

March 2014

Irish Human Rights Commission

Agenda item 6 General debate

March 2014

Kenya National Commission on Human Rights

Agenda Item 1 The death penalty in Kenya Agenda item 3 Annual Full-day meeting on the rights of the child, Submission of report: Rights of persons with disabilities to education in Kenya Agenda item 3 Annual Full-day meeting on the rights of the child, Submission of report: Access to justice for children in Kenya

March 2014

Annex II

[English only]

Engagement of national human rights institutions in the second cycle of the universal periodic review (2012–2016)

17th UPR Working Group session (2014)

State (in order of review) Written contribution for summary (as used)1

Oral statement to Human Rights Council during the adoption of the UPR outcome of the concerned country (A-status national human rights institutions only )

Nigeria (A-status) Yes (25th HRC session) Mexico Yes (A-status) Yes (25th HRC session) Mauritius (A-status ) Yes (25th HRC session) Jordan Yes (A-status) Yes (25th HRC session) Malaysia Yes (A-status) Yes (25th HRC session)

16th UPR Working Group session (2013)

State (in order of review) Written contribution for summary (as used)

Oral statement to Human Rights Council during the adoption of the UPR outcome of the concerned country (A-status national human rights institutions only )

Colombia (A-status) Yes (24th HRC session) Germany (A-status) Yes (24th HRC session) Canada Yes (A-status) Yes (24th HRC session) Bangladesh Yes (B-status) - Russian Federation Yes (A-status) - Azerbaijan Yes (A-status) - Cameroon (A-status) Yes (24th HRC session)

15th UPR Working Group session (2013)

State (in order of review) Written contribution for summary (as used)

Oral statement to Human Rights Council during the adoption of the UPR outcome of the concerned country (A-status national human rights institutions only )

France Yes (A-status) Yes (23rd HRC session) Burundi Yes (A-status) - Luxembourg Yes (A-status) Yes (23rd HRC session)

1 “Yes” appears only where institutions made written contributions.

State (in order of review) Written contribution for summary (as used)

Oral statement to Human Rights Council during the adoption of the UPR outcome of the concerned country (A-status national human rights institutions only )

Montenegro Yes (no ICC status) - Serbia (A-status) Yes (23rd HRC session)

Annex III

[English only]

Engagement of national human rights institutions in the work of the treaty bodies (April 2013–May 2014)

Committees Number of States Parties Reviewed

Number of States Parties with a NHRI

Submission of information Briefing

CAT 26 14 10 3 CERD 23 13 3 6 CESCR 29 17 10 11 HRCtte 23 11 6 3 CEDAW 31 18 4 9 CMW 9 8 6 3 CRC 48 18 12 5 CRPD 7 7 2 3 CED 6 5 1 1

Total 202 111 54 44