28/42 Technical assistance to support inclusive and participatory development and poverty reduction at the national level - Report of the United Nations High Commissioner for Human Rights

GE.15-00660 (E)

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Human Rights Council Twenty-eighth session

Agenda items 2 and 10

Annual report of the United Nations High Commissioner for Human Rights

and reports of the Office of the High Commissioner and the Secretary-General

Technical assistance and capacity-building

Technical assistance to support inclusive and participatory development and poverty reduction at the national level

Report of the United Nations High Commissioner for Human Rights

Summary

The present report is submitted pursuant to Human Rights Council resolution 27/20,

in which the Council requested the High Commissioner for Human Rights to prepare a

report on the technical assistance provided by his Office to support inclusive and

participatory development and poverty reduction at the national level, for submission at its

twenty-eighth session.

The report provides examples illustrating the type of technical assistance and

advisory services provided by the Office of the United Nations High Commissioner for

Human Rights, alone or with other United Nations entities, to promote inclusive and

participatory development and poverty reduction.

The report highlights methodologies, good practices and lessons learned that have

been gathered by the Office in the field and at headquarters.

Contents

Paragraphs Page

I. Introduction and methodology ............................................................................... 1–4 3

II. Human rights-based framework for technical cooperation,

development and poverty reduction ....................................................................... 5–10 3

III. National experiences of support for inclusive and participatory development

and poverty eradication ........................................................................................... 11–68 5

A. Legislation, plans and policies for inclusive poverty reduction and

development ................................................................................................... 11–38 5

B. Empowerment for free, informed and meaningful participation in public

decision-making .............................................................................................. 39–62 11

C. Transparency, accountability and access to information ................................ 63–68 15

IV. Lessons learned, challenges and the way forward ................................................... 69–73 16

I. Introduction and methodology

1. The present report is submitted pursuant to Human Rights Council resolution 27/20,

in which the Council requested the United Nations High Commissioner for Human Rights

to prepare a report on the technical assistance provided by his Office to support inclusive

and participatory development and poverty reduction at the national level, for submission

its twenty-eighth session. The present report will serve as a basis for a thematic panel

discussion to be held at the twenty-eighth session of the Council under item 10 of its

agenda.

2. In its resolution 27/20, the Council reaffirmed that each country must take primary

responsibility for its own development, and emphasized the role of national policies and

strategies in the achievement of sustainable development and poverty eradication. It

encouraged States to ensure that such policies and strategies are devised and carried out in a

non-discriminatory, participatory, transparent and accountable manner, in order to promote

the empowerment of the poorest and most disadvantaged and the realization of their rights.

It emphasized the need for States to engage with and promote free, informed and

meaningful participation of all relevant stakeholders, especially in decision-making that

directly affects their lives. The Council also encouraged States’ action to ensure

transparency and accountability by providing accessible and adequate information.

3. The present report covers a period of five years (2009–2014), as a reasonable time

frame within which incipient results can be provided. It illustrates the type of work carried

out under the technical cooperation programme of the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in response to requests and expressions of

interest from Member States. It presents initiatives that have shown good potential in

promoting inclusive and participatory policies and strategies for development and poverty

reduction, in line with the priority areas identified by the Human Rights Council in

resolution 27/20. The report also includes a number of joint initiatives carried out by

OHCHR in cooperation with other United Nations entities.

4. The report highlights methodologies, good practices and lessons learned gathered by

OHCHR in the field and at headquarters. Reference is also made to the OHCHR report on

technical assistance and capacity-building options for integrating human rights into national

policies (A/HRC/27/41), which provides an overview of technical assistance and capacity-

building options for integrating human rights into national policies and includes some

examples with regard to strengthening participation and social inclusion, which are

developed further in the present report.

II. Human rights-based framework for technical cooperation, development and poverty reduction

5. Lack of economic resources is seldom the only or even the most decisive cause of

poverty, marginalization and social exclusion. From a human rights perspective, poverty is

understood as the denial of a person’s capacity to realize and enjoy a range of key rights,

such as the rights to food, health, education, security, access to justice and political

participation. International human rights law also calls for more than mere equality of

opportunity without regard to the underlying structures that perpetuate inequality, social

exclusion and poverty. What is required under the international human rights framework in

order to achieve de facto equality for all is the dismantling of barriers to social, economic

and political freedoms, and the establishment of special measures to end discrimination.

OHCHR work to support inclusive development and poverty reduction follows a human

rights-based approach, which fully recognizes the multidimensional nature of poverty.

6. Discrimination is generally deeply embedded in societal structures and makes

certain groups of people more vulnerable to poverty and exclusion. For instance, women

are more likely to find themselves in situations of poverty as a result of gender-based

discrimination. Such discrimination, which persists in all regions of the world, is at the root

of women’s disproportionate burden of domestic and care work, women getting low-paid,

precarious jobs, the lack of adequate attention paid to women’s specific health needs, and

widespread violence against women, among other rights violations. Those violations reflect

the multidimensional nature of poverty.

7. Under international human rights law, all individuals have the right to access

information freely and to participate in decisions that affect them. In order to assume that

active role, they need to be able to exercise their civil and political rights in an effective and

meaningful way. Experience has shown that the active participation of all sectors of society

in national efforts aimed at development and poverty reduction significantly enhances the

likelihood of sustainable results being attained. For such approaches to achieve their full

potential, they should be used at all stages of the development process, from

conceptualization through implementation, monitoring and evaluation. To be effective,

development and poverty reduction strategies also need to empower people, especially the

most marginalized and vulnerable, to claim their rights, and develop the capacity of duty-

bearers to meet their obligations. That includes building strong judicial, political and

administrative mechanisms for accountability and service delivery.

8. Promoting the participation of rights-holders, especially women and individuals

from discriminated groups, in decision-making processes is one of the expected

accomplishments set out in the OHCHR Management Plan 2014–2017, which guides the

work of OHCHR at the country, regional and global levels. The OHCHR technical

cooperation programme is intended to help States to identify and address gaps in

knowledge, capacity and accountability that obstruct the protection of all human rights.

Throughout its work, OHCHR supports States in meeting their international human rights

obligations, including implementing the recommendations of the United Nations human

rights mechanisms — the treaty bodies, special procedures and the universal periodic

review. To that end, OHCHR works directly with governments, at their request, and

actively cooperates with all relevant national stakeholders, including ministries,

parliaments, the judiciary, transitional justice mechanisms, security institutions, national

human rights institutions and civil society, as well as statistical and information systems.

OHCHR also supports mechanisms for the protection of vulnerable groups, including

equality bodies, and cooperates with development actors, civil society and community-

based organizations to enable them to assume their roles as informed and effective

participants at all stages of national development processes. OHCHR-led projects and

initiatives in the context of national development and poverty reduction include human

rights assessments, providing technical advice on institution-building, strengthening

legislation and policies, promoting effective and meaningful participation, training and

capacity-building, as well as sharing good practices among States.

9. At the country level, OHCHR supports States to ensure that their national

development and poverty reduction strategies are in line with their human rights

obligations, and fully incorporate the basic principles of non-discrimination, participation

and accountability and the rule of law. In many cases, United Nations country teams or

individual United Nations entities can play an effective role to support the integration of

human rights into national development policies. In that regard, OHCHR is active in

mainstreaming human rights within United Nations development policies, operational

activities and assistance frameworks, including through strengthening the United Nations

leadership on human rights at the country level and promoting the application of a coherent

human rights-based approach to programming. OHCHR also works with regional and

subregional organizations to strengthen regional arrangements for human rights promotion

and protection, including through the exchange of good practices and experiences of human

rights-based, participatory and inclusive strategies for development and poverty reduction.

10. The Office receives strategic policy guidance for its technical cooperation work

from the Board of Trustees that oversees the United Nations Voluntary Fund for Technical

Cooperation in the Field of Human Rights and the Voluntary Fund for Financial and

Technical Assistance for the Implementation of the Universal Periodic Review — two key

financial sources of the technical assistance provided by OHCHR. As part of its advisory

role, the Board has identified several key elements for effective technical cooperation, as

indicated in the report of the Chairperson of the Board of Trustees of the United Nations

Voluntary Fund for Technical Cooperation in the Field of Human Rights (A/HRC/26/51,

para. 27). Many of those elements are reflected in the practices highlighted in the present

report.

III. National experiences of support for inclusive and participatory development and poverty eradication

A. Legislation, plans and policies for inclusive poverty reduction and

development

Colombia: human rights support for inclusive development and poverty reduction

11. In November 2011, the Government of Colombia established a new administrative

Department for Social Prosperity (DSP) as the central authority responsible for developing

and implementing policies aimed at overcoming poverty and promoting the social inclusion

of people in vulnerable situations. At the request of the Department, OHCHR has been

supporting its work by conducting systematic monitoring, evaluation and advocacy to

strengthen the integration of human rights standards into the implementation of public

policies. OHCHR has paid particular attention to two key social protection programmes:

“Más Familias en Acción”, which provides direct monetary transfers to families,

conditional upon children’s enrolment in school and regular medical check-ups, and “Red

Unidos”, which helps families living in extreme poverty through individualized support and

follow-up.

12. In February 2014, the OHCHR office in Colombia presented DSP with its first

report on the realization of the right to an adequate standard of living, with strategic

recommendations on how to improve the impact of the DSP programmes. That included

strengthening the rights of women covered by the “Más Familias en Acción” programme;

removing barriers to health care for children and barriers to education for children with

disabilities; addressing obstacles in the application of International Labour Organization

(ILO) Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in

Independent Countries; improving coordination among government entities; addressing the

situation of people living in extreme poverty; and strengthening access to adequate housing.

DSP established a working group with officials from the regions concerned to implement

OHCHR recommendations.

13. Since the submission of its report to DSP, OHCHR has continued to work towards

the empowerment of vulnerable communities in the most marginalized parts of the country.

That has included, inter alia, informing communities about the DSP programmes, assisting

them in evaluating the implementation of the recommendations, and supporting them in

claiming their rights before the Department.

Europe: promoting the independence of persons with disabilities and family-type care

for children

14. In 2014, the OHCHR Regional Office for Europe continued engaging with the

European Union and its Member States through the European Expert Group on the

Transition from Institutional to Community-based Care. That coalition of international

organizations and European civil society organizations is dedicated to upholding the human

rights of vulnerable persons who are in care institutions, or are at risk of being placed in

institutional care. In that context, OHCHR is working with other United Nations entities,

especially the United Nations Children’s Fund, to contribute to important policy changes at

the European Union level, such as adjustments in European Union structural and

investment funds regulations. That has increased the level of compliance of European

Union member States with international human rights standards, including the Convention

on the Rights of Persons with Disabilities.

15. With the financial and political support of the European Commission, national

consultations on community-based care have been organized in Bulgaria, Croatia, the

Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Serbia, Slovakia

and Slovenia, involving a broad range of stakeholders, such as relevant ministries, national

human rights institutions, European Union officials and national civil society organizations

representing rights-holders. In all of those countries, institutionalization is the predominant

form of care, and wide-ranging reforms will be required to bring national practice into line

with States’ obligations under the Convention on the Rights of Persons with Disabilities

and the Convention on the Rights of the Child. For the reforms to be effective, the full

involvement of rights-holders and civil society will be required at all stages of the process.

Capacity-building of all actors — government officials, who often have limited expertise in

that technical area, but also civil society representatives, who need to be empowered — is

essential for the success of the reform process. In that regard, the national consultations

initiated by OHCHR have been useful in ensuring the engagement of all relevant actors.

Kenya: integration of human rights and gender into the national development agenda

16. Kenya Vision 2030 is the main national development framework and is aimed at

transforming Kenya into a newly industrialized middle-income country that provides a high

quality of life for all its citizens by 2030. It also sets out to create a cohesive, equitable and

just society based on democratic principles and grounded in the country’s rich and diverse

cultures. Kenya Vision 2030 is to be implemented through successive five-year medium-

term plans, which define sector-specific priorities, key policy actions and reform

programmes for government agents at different levels.

17. In 2012, the Government of Kenya invited the United Nations to provide inputs for

the preparation of the second medium-term plan. The United Nations participated in several

of the sector-specific working groups set up to support the development of the plan.

OHCHR, through the Human Rights Adviser to the United Nations country team, took the

lead in providing human rights guidance on the process, notably with regard to governance,

the rule of law, security, the situation of vulnerable groups, gender and youth.

18. An important element of the preparation of the second medium-term plan consisted

of developing the capacity of key stakeholders to engage effectively in the planning

process. OHCHR supported that effort by training government representatives and United

Nations staff members on human rights-based approaches. In addition, it trained focal

points from the Kenya National Commission on Human Rights who were designated to

each sector-specific working group. With OHCHR assistance, a set of human rights-based

indicators was developed to enable effective monitoring and ensure accountability in the

implementation of the plan. That work resulted in the adoption of a national indicators

handbook in November 2014.

Kyrgyzstan: building capacity for the promotion and protection of the right

to adequate housing

19. In Kyrgyzstan, the OHCHR Regional Office for Central Asia provided technical

assistance in the preparation of the Housing Code that was adopted in May 2013. OHCHR

organized three parliamentary discussions on the draft code, which were attended by civil

society and representatives of housing associations. The discussions were instrumental in

raising awareness among relevant Parliamentary committees about the importance of

human rights considerations for the drafting of housing legislation. The discussions enabled

parliamentarians to hear independent views, thereby promoting transparency and

accountability in the legislative process.

20. Throughout the legislative process, OHCHR provided human rights advice and

technical assistance to the drafters. The final text reflects many important aspects of the

right to adequate housing, as set out in relevant international norms and standards. It

defines the roles and responsibilities of the national and local self-government bodies in

relation to the right to housing and obliges the Government to create a national housing

fund to address resource constraints.

21. The OHCHR Regional Office also played a key role in mobilizing joint advocacy by

the donor community on the need for a human rights-based approach to urban planning in

the context of development-based evictions, including in the south of Kyrgyzstan. Those

efforts were successful in gaining the support of the Mayor of Osh, who publicly committed

to taking human rights into account when implementing the Master Plan in Osh. In July

2014, on the basis of OHCHR advocacy, the President of Kyrgyzstan signed a law that

obliged local authorities to post adopted master plans of all cities, towns and villages on

their websites, and to display them in their offices for public reference.

22. The Regional Office also provided technical assistance to the Government in

drafting the National Strategy on Sustainable Development 2013–2017. The Strategy goes

some way towards embracing the principle of participatory development and emphasizes

the importance of upholding the rights of all minorities in the development process.

Republic of Moldova: strengthening the national framework for social inclusion

and anti-discrimination

23. Through the Human Rights Adviser to the United Nations country team, OHCHR

support to the Government of the Republic of Moldova on anti-discrimination legislation

began in 2008 and has contributed to the development of critical laws, translating the

international prohibition against discrimination into domestic legislation. OHCHR thus

provided advice for the development of the Law on Ensuring Equality and to the

subsequent establishment of the Council on the Prevention and Elimination of

Discrimination and Ensuring Equality (“Equality Council”). In May 2013, OHCHR

advocacy led the Republic of Moldova to accept the competence of the Committee on the

Elimination of Racial Discrimination to review individual complaints and petitions.

OHCHR also provided advice on the development of the Law on Roma Community

Mediators, which was adopted on 22 March 2013 in order to promote the social inclusion

of the Roma, in line with the recommendations of the Committee on the Elimination of

Racial Discrimination and the Committee on Economic, Social and Cultural Rights.

OHCHR also assisted in the development of the Law on the Social Inclusion of Persons

with Disabilities, adopted in March 2012, which requires equal legal capacity and

reasonable accommodation for persons with disabilities.

24. OHCHR has provided extensive support to the Equality Council, including in the

development of its strategic plan and operational structure. In that context, OHCHR held

training courses on national and international anti-discrimination standards and on the

freedom of religion and belief legislation in place in the Republic of Moldova. OHCHR

also organized further training for judges, prosecutors, lawyers and members of the

Equality Council on the Convention on the Rights of Persons with Disabilities. The

awareness-raising campaign was well received and an increasing number of cases relating

to gender equality, discrimination and hate speech are now being adjudicated by Moldovan

courts.

Paraguay: capacity development for inclusive and rights-based poverty reduction

25. In 2013/2014, at the Government’s request, OHCHR, through its Human Rights

Adviser, supported the work of the Secretariat for Social Action to integrate human rights

into its policymaking and implementation. The eradication of poverty is a government

priority and the Secretariat is the main implementing agency for the relevant policies,

working directly with communities in rural areas and among indigenous peoples.

26. OHCHR technical support has allowed the Secretariat for Social Action to revise its

institutional framework, so as to integrate human rights into its policies, methodologies and

communication materials, including its website. OHCHR also contributed by running an

intensive training programme and assisting in the development of a special protocol on

indigenous peoples’ rights and their participation in decision-making, following

consultations facilitated by OHCHR with indigenous peoples. It will be the first protocol of

its kind in the region directly addressing key issues relating to consultation and

participation.

27. The project has benefited from continuous political support from the highest levels,

and has been successful in gradually integrating a stronger human rights perspective into

the way the Secretariat carries out its functions. Work is now under way to introduce a

human rights indicators framework, based on detailed disaggregated data, for the

monitoring of poverty reduction programmes. In 2015, community leaders and families will

also be trained in how to take a more active and informed role in decision-making and

policymaking that affect their lives. Further support is also in the pipeline to mainstream

gender into the work programme in close cooperation with the United Nations Entity for

Gender Equality and the Empowerment of Women (UN-Women).

State of Palestine: an inclusive and rights-based framework for development

28. In 2011, the Ministry of Justice of the Palestinian National Authority requested

OHCHR assistance in developing a rights-based framework for the national development

agenda. Broad-based national consultations, aimed at identifying rights-based targets for

prioritization in the national development plan that was being drafted in parallel, were

launched at a large public conference in Ramallah on 10 December 2012. In follow-up to

the conference, a team of Palestinian consultants, with OHCHR support, analysed

development gaps and needs from a human rights perspective, including through broad-

based consultations and validation workshops, which provided input from a range of

stakeholders, including government officials and representatives of the Palestinian human

rights institution, civil society, community-based organizations, labour and employers’

unions, academia and affected groups, as well as United Nations entities and the diplomatic

community. The result was a comprehensive guidance document setting out ways to

incorporate human rights more effectively into the Palestinian National Development Plan

2014–2016 and other future development and recovery frameworks.

29. The guidance document was finalized by the Ministry of Justice, the Ministry of

Planning and Administrative Development and OHCHR in January 2014, and launched at a

formal signing ceremony, confirming the Government’s commitment to the process. The

majority of recommendations set out in the guidance document were integrated into the

Palestinian National Development Plan in February 2014, providing a strong human rights-

based framework for the four sectors covered by the Plan: social development, economic

development, infrastructure and governance.

30. The accession of the State of Palestine to seven of the core international human

rights treaties in April 2014 has provided an opportunity for OHCHR to build on the work

described above with the Palestinian authorities, as well as the Palestinian Independent

Commission for Human Rights and civil society, so that the political commitments

contained in the Palestinian National Development Plan are implemented in accordance

with the legal obligations contained in the treaties. Broad-based consultations are planned

as part of the Government’s reporting exercise.

Sierra Leone: responding to the Ebola virus disease outbreak

31. In May 2014, Sierra Leone experienced the start of its first outbreak of the Ebola

virus disease. In addition to the death and human suffering caused by the epidemic, the

knock-on effects will be devastating for the development of Sierra Leone in the coming

years and may erode the gains made since the end of the war. The consequences are not

limited to the health sector, as large parts of the country’s economy are being severely

disrupted by the epidemic. Schools have also been closed following the declaration of a

state of emergency, which seeks to control the spread of the disease by limiting public

gatherings and freedom of movement. Likewise, courts are reportedly not processing

criminal cases. That has led to a steady increase in the prison population, which besides

increasing health risks among prisoners, fuels the potential for disturbances inside detention

facilities.

32. Recognizing the Government’s role in bringing Ebola virus disease under control

and providing emergency humanitarian assistance, the United Nations in Sierra Leone has

significantly strengthened its response in support of the Government’s ongoing efforts.

Since his arrival in April 2014, the Human Rights Adviser to the United Nations country

team1 has provided substantive guidance to alert policymakers and the humanitarian sector

to the serious human rights implications and concerns related to the outbreak, especially

regarding vulnerable and disadvantaged groups.

33. As the combined efforts of the Government and the international community gather

pace, it is essential that a human rights approach be continuously applied to guide the work

of the United Nations and the Human Rights Commission of Sierra Leone, to inform

advocacy by relevant stakeholders and to serve as an early warning system for the United

Nations and the Government. The Human Rights Adviser is also working to promote

increased participation and inclusiveness in the response to the outbreak. It will be crucial

to ensure that the impending recovery and reconstruction effort is conducted in a

transparent and accountable manner, in accordance with a human rights-based approach.

West Africa: integration of women’s rights and empowerment in national policies

34. Over the past several years, the OHCHR Regional Office for West Africa has

continued to promote the integration of women’s rights into the development and

implementation of national policies and strategies in the region. In Burkina Faso, the

Gambia and Senegal, national action plans have been adopted for the implementation of

1 The Human Rights Adviser was deployed under the United Nations Development Group human

rights mainstreaming mechanism.

Security Council resolutions 1325 (2000) on women, peace and security, and 1820 (2008)

on sexual violence in conflicts. OHCHR provided financial and technical support for the

development, validation and publication of the action plans, and contributed to building the

capacity of stakeholders to ensure implementation. In the Gambia, OHCHR supported the

implementation of the national action plan by providing technical and financial assistance,

including training of trainers workshops on human rights and gender-based violence for law

enforcement officials.

35. Progress has also been made regarding the harmonization of national laws with

international human rights standards. In Senegal, OHCHR provided advice on the

development of a law allowing women to pass on their nationality to their children or

spouse. The Office also worked with civil society to raise public awareness of the law after

its adoption in 2013. In 2013, OHCHR assisted the Government to prepare its report under

the Convention on the Elimination of All Forms of Discrimination against Women. During

the elections held in 2012 and 2014, the Regional Office supported civil society in

monitoring the implementation of the 2010 parity law on the participation of women in

national politics. In 2014, OHCHR supported the process of preparing a manual on gender

and human rights for parliamentarians, and undertook capacity-building for women

parliamentarians.

Yemen: inclusive and participatory management of land disputes

36. Since May 2013, OHCHR and the United Nations Development Programme

(UNDP) in Yemen have been engaged in a joint project on transitional justice in support of

the Commission to Consider and Address Land Issues (the Land Commission) and the

Commission on Forcibly Dismissed Employees for Southern Yemen (the Dismissals

Commission). Both commissions were established in 2013 as confidence-building measures

to address the root causes of grievances held by people in southern Yemen following the

1994 war. A special Compensation Fund has also been established for cases of land

confiscation and alleged summary dismissal of civil security and military personnel.

37. So far, the Land Commission has received more than 100,000 individual claims

concerning illegal confiscations, of which 30,000 had been resolved at the time of writing.

The Dismissals Commission has received over 100,000 applications, of which 20,000 had

been processed by December 2014. The commissions and the compensation fund suffer

from chronic financial and staff shortages, and weak political support.

38. The joint OHCHR-UNDP project has promoted transparency and accountability,

including through a strategy to allow civil society to monitor the work of the commissions

and the implementation of their recommendations. OHCHR and UNDP organized study

visits for the staff of the commissions to Germany and Peru in order to expose them to

experiences and good practices used to resolve similar cases and apply high standards of

transparency and accountability. The project supported the establishment of interactive web

portals for both commissions, enabling individuals to monitor progress in the processing of

their cases. Throughout the project, there has also been regular cooperation with local

media to encourage press coverage, interviews with decision-makers and investigative

journalism. The decisions of the two commissions have yet to be implemented. OHCHR

and UNDP will continue their advocacy with international and local partners to keep the

issue at the centre of the Government’s political and development agenda.

B. Empowerment for free, informed and meaningful participation

in public decision-making

Cambodia: building local capacities in regard to land and housing rights

39. The OHCHR office in Cambodia has continued its work to build greater human

rights awareness among indigenous communities, particularly regarding the freedoms of

expression and peaceful assembly, as well as land and housing rights. OHCHR monitored

ongoing and unresolved disputes between indigenous communities, authorities and

businesses, and engaged in the facilitation of dialogue, court monitoring and the provision

of legal and procedural advice. In 2013 and 2014, OHCHR also provided support to

11 indigenous communities to complete their registration as legal entities and submit their

applications for collective land titles. As a result, those communities are now in a stronger

position to defend and claim their rights to land and livelihood.

40. OHCHR Cambodia also produced publications on land and housing rights, as well

as a picture book for indigenous peoples on business and human rights, prepared in

cooperation with an indigenous peoples’ network organization. The aim is to gradually

strengthen the role of indigenous communities in national protection systems and, through

increased knowledge and understanding, to allow them to meaningfully participate in

decisions that affect them. To that end, since 2013 OHCHR has been providing training for

civil society organizations and communities on monitoring economic, social and cultural

rights, and on implementation of the Guiding Principles on Business and Human Rights.

Information on business and human rights was also shared with the Government’s Anti-

Corruption Unit, donors, businesses and professional associations.

41. OHCHR continued to monitor legislative developments that could affect indigenous

peoples’ land and housing rights. That included support for the consultation process for a

bill on environmental impact assessments, led by the Ministry of the Environment. OHCHR

facilitated participation in the consultation process by indigenous leaders and other

representatives of communities affected by development projects and involved in land

disputes. The Office also provided advice on the harmonization of the draft bill with

international standards.

42. OHCHR has also been engaged in promoting and protecting the exercise of freedom

of expression and peaceful assembly. In 2013, it organized five training sessions on the

implementation of the Law on Peaceful Demonstrations and international standards on

freedom of expression and assembly. The training outlined the respective responsibilities of

organizers of demonstrations and authorities, and gave guidance to participants on how to

conduct demonstrations in accordance with the law. In addition, OHCHR trained staff of

non-governmental organizations on how to monitor the right to peaceful assembly. In

cooperation with the Ministry of the Interior, OHCHR also produced a laminated card

outlining the respective roles and responsibilities of organizers of demonstrations and local

authorities. The card is being disseminated among government officials, civil society and

the general public. In addition, OHCHR produced a series of radio broadcasts in which

local organizations participated and discussed issues relating to freedom of expression and

peaceful assembly.

Colombia: promoting the right of indigenous peoples to prior, free and informed

consultation

43. In the context of increasing demands from communities of African descent and

indigenous peoples for their rights to prior consultation and free and informed consent to be

recognized, OHCHR developed a project to hold broad-based consultations with the

communities concerned in the course of 2012. OHCHR invited indigenous, Afro-

Colombian, Palenquero, Raizal and Roma peoples to be part of the process. It included a

series of 82 regional dialogues organized and facilitated by OHCHR across the country.

About 3,000 delegates from the regions of the Caribbean, Pacific, Orinoco, Amazonia and

inter-Andean valleys participated in the process, which was instrumental in mobilizing

national consensus on the importance of prior, free and informed consultation.

44. The observations and findings that came out of the process were compiled and

documented by OHCHR in a report entitled “Voices and key opinions from the ethnic

peoples of Colombia on the right to consultation and to free, prior and informed consent”.

OHCHR subsequently engaged with the Ministry of the Interior to encourage the adoption

of protocols that ensure the right to participation, consultation and free and informed

consent through culturally sensitive procedures.

45. As an important part of that process, some ethnic groups, including the indigenous

Wayuu and Arhuaco peoples and the communities of African descent of La Toma, were

provided with advice to increase their capacity to claim their rights and participate in

decision-making. OHCHR also held training sessions on the right to prior consultation for

staff of the Ministry of the Interior, as well as municipal and regional authorities. Training

on indigenous people’s rights was also provided to civil servants, civil society

representatives and students.

Guatemala: strengthening capacity to guarantee the fulfilment of agricultural

workers’ labour rights

46. In Guatemala, the OHCHR country office provided technical assistance to the

Ministry of Labour in the preparation of a handbook that could be used to verify the

fulfilment of agricultural workers’ labour rights. It also promoted and supported the

creation of a working group on agricultural workers’ human rights, composed of peasant

workers, grass-roots organizations and labour unions. A participatory methodology

proposed by OHCHR was adopted by the General Inspectorate of the Ministry of Labour to

launch the process of drafting the handbook. In 2012, four regional workshops were

organized with the participation of 90 labour inspectors, who shared their experience and

discussed the main challenges to respecting agricultural workers’ labour rights in the

country. OHCHR, in coordination with the ILO, provided inputs on the international human

rights standards and supported the process of designing and drafting the handbook, which

was also informed by issues raised by the working group. In 2014, the working group

produced a report on the situation of agricultural workers in Guatemala and urged the

Ministry of Labour to discuss some of the key human rights challenges identified in the

report.

47. In 2014, the Minister of Labour was finalizing the approval process for the

publication of the handbook as part of a general operations protocol for the General

Inspectorate. The handbook reflects many important aspects of labour rights, such as the

prohibition of child labour and forced labour, and of discrimination against women. The

handbook will be a practical tool for labour inspectors to address the critical human rights

situation that agricultural workers are facing in some regions of Guatemala.

Mexico: increasing participation through action plans

48. Since 2006, the OHCHR office in Mexico has been supporting the design of human

rights plans, notably in partnership with the Directorate-General for Human Rights Public

Policy of the Ministry of the Interior (Secretaría de Gobernación) at the federal level, and

line ministries or human rights offices at state level. Since 2006, some 15 such plans have

been developed. OHCHR assistance in supporting State efforts to secure the participation of

civil society organizations and marginalized groups has been especially appreciated.

Women’s rights organizations were actively involved in the development of those plans, all

of which integrate a strong gender framework. One of the main objectives of OHCHR

support to the federal plan was to strengthen cooperation between the authorities and civil

society. Building on that collaborative effort, the Office has contributed to the elaboration

of one national human rights assessment, three national human rights plans and several

local human rights programmes.

49. The National Human Rights Programme 2014–2018, which was presented by the

Federal Government on 25 June 2014, is the first programme of its kind in the country to

explicitly adopt the OHCHR human rights indicators methodology, as well as the inter-

American system indicators on economic, social and cultural rights, to measure the full

realization of human rights. The next step will be to help start the development of human

rights programmes at the level of the states.

Nepal: addressing the equality imperative

50. In September 2012, the Government of Nepal and the United Nations country team

signed the United Nations Development Assistance Framework (UNDAF) for the period

2013–2017. The strategic framework for the United Nations work in Nepal in those five

years was prepared following human rights-based approach methodologies and has been

acclaimed as a good example of an UNDAF.

51. Prior to the preparation of the UNDAF, the country team, with the support of

OHCHR, prepared a common country analysis with a particular focus on the different types

of vulnerability that people in Nepal face, as well as the root causes of the vulnerabilities.

The aim was ultimately to help narrow down the potential policy and institutional issues

that could form the core of the development efforts undertaken by the United Nations in

Nepal. The country team used the analysis to understand the situation of vulnerable groups

in the country, examine the structural causes of the vulnerabilities and gain a better

understanding of which groups are particularly susceptible to future shocks that could

substantially reverse the development gains achieved over recent years.

52. In order to gain a deeper understanding of the issue, the country analysis looked at

specific groups of people, whose vulnerability was described on the basis of the experience

and expertise of United Nations development actors. As a result, the following 19 groups

were incorporated in the UNDAF design: women subject to sexual abuse and exploitation;

women in the mid and far west; women of reproductive age; adolescent girls; endangered

and highly marginalized indigenous people; other disadvantaged women and girls; Dalits;

persons with disabilities; children without basic education; undernourished children;

underemployed and unemployed youth; migrant workers and their families; rural landless

and land-poor; bonded and forced labourers; urban slum dwellers and squatters; conflict-

affected people; the illiterate; people from the lowest performing districts; and people from

areas especially vulnerable to climate change. For each group, a detailed profile was

prepared and reviewed with a wide range of stakeholders. The emphasis of the profiles was

an analysis of the underlying causes of each group’s vulnerability. An aggregate analysis

was developed aimed at identifying, thematizing and categorizing the groups’

characteristics and, perhaps most importantly, finding commonalities in the underlying

causes of their vulnerabilities.

53. While social inclusion is the main thread linking all the efforts undertaken by the

United Nations under UNDAF, specific programmes are designed and implemented that

ensure the employment of targeted approaches to reach and have an impact on the lives of

the 19 vulnerable groups that have been identified, and to promote their participation in

decision-making processes. The United Nations actively contributed to the State’s efforts to

ensure that its policies are implemented in an inclusive manner, with due regard to gender

considerations as well as the particular interests of marginalized regions and communities.

Uganda: multi-stakeholder dialogue on rights-based approaches to maternal and child

mortality

54. High mortality rates among women and young children remain a major challenge in

Uganda. The country also has one of the highest adolescent pregnancy rates in the world.

55. Since 2013, the OHCHR office in Uganda, together with the United Nations

Population Fund (UNFPA) and the Ministry of Health, has been supporting a multi-

stakeholder dialogue aimed at promoting a human rights-based, participatory and inclusive

approach in the national effort to reduce maternal and child morbidity and mortality. The

initiative began with a regional workshop, held in Malawi in November 2013, which

convened representatives of governments, national human rights institutions, civil society

and United Nations entities from Malawi, South Africa, Uganda and the United Republic of

Tanzania to explore ways to apply rights-based approaches to maternal and child mortality

in their respective national contexts.

56. In follow-up to the workshop, OHCHR commissioned an assessment of the health

and human rights situations of women and children in Uganda, and presented it in

November 2014 to a national-level multi-stakeholder group organized in Kampala jointly

with UNFPA, the World Health Organization and the Ministry of Health. In addition to

representatives of the Ministry of Gender, Labour and Social Development, the Ministry of

Finance and the Office of the First Lady, and district-level officials, the group also included

parliamentarians, representatives of private health-care providers, civil society, the Uganda

Human Rights Commission and the United Nations. The group considered the main

findings of the OHCHR assessment and identified action points to support maternal and

child health, including: advocacy for law reform and implementation of legislation (Penal

Law, Marriage and Divorce Act and Death Registration Act); advocacy for greater

participation in the State budget process; generation of more and better quality

disaggregated data; and inclusion of human rights training in the curricula for health

workers. The Government of Uganda committed itself to integrating human rights into

upcoming planning activities, including the preparation of the National Development Plan.

57. The process has been helpful in bringing a wide range of stakeholders together and

has served to raise awareness among civil society and government authorities concerning

more fully embracing an inclusive and participatory approach to planning and decision-

making. It is expected that the methodologies tested and developed under the project may

become part of the standard national planning process and be replicated in other sectors.

United Republic of Tanzania: combating the exclusion of and violence against people

with albinism

58. In the United Republic of Tanzania, people with albinism have long faced

discrimination, exclusion and outright rejection by their families and society at large. Many

also suffer from physical violence, as they are hunted down, mutilated and their amputated

body parts used in witchcraft rituals. That extreme social exclusion has a devastating

impact on children with albinism, who often find themselves unable to attend school

because of discrimination, bullying and violence.

59. The authorities have taken measures to combat those crimes, and special centres

have been set up under the auspices of civil society to provide safe havens for children with

albinism. While welcoming those steps, OHCHR has continued to voice concern about the

risk of isolation and institutionalization of those children, and emphasized the urgent need

to reinforce the justice system in response to those crimes. People with albinism are often

unable to access justice for the crimes committed against them and unwilling to testify for

fear of reprisal and further victimization.

60. The Human Rights Adviser to the United Nations country team1 has helped raise

awareness of the situation and promote a common understanding among the Government,

the National Human Rights Institute, civil society and the United Nations on the need for a

concerted and human rights-based approach to address the issue. A strong United Nations

strategy for the protection and promotion of the rights of persons with albinism is being

developed, with a concrete action plan and monitoring framework, to complement the

Government’s efforts.

61. Violence against people with albinism is not specific to the United Republic of

Tanzania. Since 2000, OHCHR has received information about more than 200 ritual attacks

in 15 African States. It is believed that many attacks remain undocumented and unreported,

owing to the stigma and secretiveness involved.

Zambia: promoting social inclusion of the Abatwa indigenous community

62. The Abatwa indigenous community in Zambia has long been subjected to

discrimination, social exclusion and poverty. In an effort to raise awareness about that

situation, the United Nations Resident Coordinator and the United Nations country team

initiated a project with the Office of the Vice-President of Zambia to produce a film

documenting the situation of the Abatwa community. The Human Rights Adviser to the

country team1 provided guidance in order to ensure that the film would focus on the many

challenges facing the Abatwa community in terms of marginalization and discrimination,

and on the urgent need to ensure their participation in key decision-making. The

documentary looks at the situation of the Abatwa from a human rights perspective and has

become an important awareness-raising tool illustrating the deprivation and exclusion to

which the Abatwa have been subjected. It has also helped identify priority areas for United

Nations support to the Government to better address the situation of that vulnerable

community.

C. Transparency, accountability and access to information

Ecuador: atlas of socioeconomic inequalities

63. Between 2011 and 2013, at the request of the Government of Ecuador, OHCHR and

the National Secretariat for Planning and Development (SENPLADES) engaged in close

collaboration to strengthen the integration of human rights into the national development

programme. The work resulted in the adoption of guidelines for the development of sectoral

public policy and guidelines for the integration of a human rights-based approach into the

national development plan and the development of an atlas of socioeconomic inequalities.

64. The atlas of socioeconomic inequalities, launched in 2013, was the result of close

cooperation between SENPLADES, OHCHR and other United Nations entities, the Centro

de Planificación y Estudio Social (Centre for Planning and Social Studies) and the

Universidad Andina Simón Bolívar. The atlas is an innovative database that maps gaps in

the realization of economic, social and cultural rights, and provides disaggregated data on a

wide range of determinants, including ethnicity, sex, gender, age and region. The

information contained in the atlas has made it possible to develop new social indicators that

are better suited to measure poverty from a multidimensional perspective. The atlas served

as a baseline for the National Strategy for Poverty Eradication and also provides data for

the implementation of the National Development Plan for the period 2014–2017. The

intention is to use the atlas in the years to come as a guide in the formulation and

implementation of targeted policies aimed at addressing persistent inequalities in Ecuador.

Haiti: building capacity to monitor economic, social and cultural rights

65. Since 2009, the Human Rights Section of the United Nations Stabilization Mission

in Haiti (MINUSTAH) has been carrying out an innovative programme to develop the

capacity of civil society in several disadvantaged regions to monitor and advocate for

economic, social and cultural rights. The main objectives of the public policy monitoring

project were to encourage dialogue between the authorities and civil society on public

policy priorities from a human rights-based approach, and to strengthen the capacity of civil

society organizations to participate in decision-making and in the development and

monitoring of public policies and budgets.

66. The project has enhanced civil society’s exposure to public decision-making and

contributed to more open and regular information-sharing between it and the local and

national authorities. The overall response of the Government has been positive, with the

active participation of ministers and parliamentarians. The findings and recommendations

emanating from the project were taken into account in the national budget process for

2012–2013.

67. In some cases, the project has been hampered by weak capacities and a lack of

coordination and cooperation among State agencies. Access to public documents and

information also proved challenging at times, especially outside the capital. The Human

Rights Section of MINUSTAH is evaluating the project and working with the Government,

civil society and the United Nations system to explore ways to extend it to other parts of the

country.

Tunisia: strengthening civil society capacities to monitor the implementation

of economic, social and cultural rights

68. Since 2012, the OHCHR office in Tunisia, in partnership with Amnesty

International, has organized a series of training sessions outside the capital to build the

capacity of civil society actors working in disadvantaged regions to better assess the

implementation of economic, social and cultural rights. That has included training on

advocacy, campaign methodology and human rights-based budget analysis. In 2013, around

300 human rights defenders and representatives of civil society from across the country

took part in those activities. Four regional civil society coalitions have been set up in the

regions of the north-west, the centre, the south-east and the Gafsa Mining Basin. They have

launched a national campaign for the ratification of the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights, and have conducted

human rights assessments of the local budgets, with the participation of local mayors.

IV. Lessons learned, challenges and the way forward

69. The examples presented in the present report highlight common traits and

methodologies that have proved helpful in supporting programmes for human rights-based,

inclusive and participatory development and poverty reduction. Most of the key

determinants for success that have been identified are related to national ownership — the

projects have been planned and implemented at the request of national actors and in a way

that ensures accountability, transparency and the meaningful participation of all relevant

stakeholders. In that regard, experience has shown that it is crucial for all relevant State and

non-State stakeholders to participate in all stages of those initiatives, starting from the

initial conceptualization, through implementation, monitoring and evaluation. Such

participation is all the more important when it comes to planning and decision-making that

involve multiple sectors and require the expertise of a variety of ministries and institutions,

such as in the implementation of multisectoral development and poverty-reduction

strategies. In that regard, a human rights-based approach can help to ensure policy

coherence, including by highlighting the interrelatedness and interdependence of civil,

political, economic, social and cultural rights.

70. Women are particularly at risk of social exclusion as they are often exposed to

multiple forms of discrimination based on gender, ethnicity or socioeconomic status.

Special measures are needed in order for women to be ensured equal rights to fully

participate in public life in general and in decision-making that affects them specifically.

71. In order to strengthen monitoring, accountability and transparency, there is often a

need to build capacities for the collection and analysis of detailed and disaggregated

information, and to develop human rights indicators. Such data are crucial to identify gaps

and disparities that are based on key social determinants, including gender, ethnicity,

economic status and geographic location. Free access to current data can allow the public to

monitor progress in the implementation of human rights through development and poverty-

reduction programmes. Experiences in developing indicator frameworks that are

specifically tailored to local circumstances show particular promise in that regard.

72. Promoting the integration of human rights in national budget processes has become

an increasingly important area of work for OHCHR. The promotion and protection of all

human rights require budgetary resources and, in the case of economic, social and cultural

rights, Member States are obliged to provide “maximum available resources” to

“progressively realize” those rights. Government budgets are fundamental tools for policy

implementation and an effective way to ascertain whether national development priorities

are being implemented. Budget monitoring, analysis and advocacy, from a human rights

perspective, have the potential to provide concrete evidence of governments’ efforts to

respect, protect and fulfil all human rights for all without discrimination.

73. The experience of OHCHR also shows that, while participatory and inclusive

processes are essential for sustainable and effective development, they are also inherently

complex and demanding for all parties concerned. Any initiative aimed at engaging a wide

range of stakeholders with varying claims and interests must therefore factor in sufficient

time and resources to build the awareness and capacities of rights-holders and duty-bearers

to fully assume their respective roles in an informed and responsive manner. Such

processes also require resilience, preparedness to commit and willingness to engage in

positive and effective communication with a diverse range of counterparts. The work of

OHCHR on reducing institutional care of persons with disabilities has generated useful

examples of how national law and practice can be reformed through open and inclusive

processes. Perhaps most importantly, meaningful participation and inclusion obviously

need to go beyond mere information sharing or consultations, and require the empowerment

of people to take an active part in decision-making, so as to ensure that poorly conceived

participation exercises are not used to legitimize predetermined outcomes. In that regard,

OHCHR has in many instances taken a facilitating role and managed to bring rights-holders

and duty-bearers together to discuss and address often complex human rights issues. Those

experiences show that empowerment and confidence-building need to go hand in hand in

order to address discrimination and cultural barriers that prevent effective participation by

marginalized groups, such as indigenous communities and vulnerable minorities.