Original HRC document

PDF

Document Type: Final Report

Date: 2016 Jul

Session: 33rd Regular Session (2016 Sep)

Agenda Item: Item6: Universal Periodic Review, Item1: Organizational and procedural matters, Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Item5: Human rights bodies and mechanisms, Item10: Technical assistance and capacity-building, Item9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action, Item7: Human rights situation in Palestine and other occupied Arab territories

GE.16-11355 (E) 180716



Human Rights Council Thirty-third 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 27/18,

which requested the Secretary-General to report on the implementation of that resolution.

The report, which covers the period from September 2014 to August 2016, 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 Global Alliance of National Human

Rights Institutions — the former 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 Global Alliance in accrediting national institutions in compliance with

the principles relating to the status of national institutions for the promotion and protection

of human rights (the Paris Principles) (A/HRC/33/36).

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

United Nations A/HRC/33/33

2 GE.16-11355

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Support of the Office of the United Nations High Commissioner for Human Rights

to national human rights institutions ............................................................................................. 3

A. Advisory services .................................................................................................................. 3

B. Support to regional and subregional initiatives by national human rights institutions ......... 10

C. Contributions to international initiatives supporting national human rights institutions ...... 11

III. Cooperation between the United Nations human rights mechanisms

and national human rights institutions ........................................................................................... 12

A. Human Rights Council ......................................................................................................... 12

B. Treaty bodies ........................................................................................................................ 13

IV. Recommendations ......................................................................................................................... 13

A. Recommendations to Member States .................................................................................... 13

B. Recommendations to national human rights institutions ...................................................... 14

Annexes

I. Submissions from national human rights institutions to the Human Rights Council .................... 15

II. Engagement of national human rights institutions in the second cycle

of the universal periodic review (2014-2015) ............................................................................... 22

III. Engagement of national human rights institutions in the work of the treaty bodies

(September 2014-August 2016) .................................................................................................... 26

GE.16-11355 3

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 27/18,

in which it requested the Secretary-General to report to the Council at its thirty-third

session on the implementation of that resolution.

2. The present report outlines progress achieved since the previous relevant report of

the Secretary-General (A/HRC/27/39), between September 2014 and August 2016. It

should be read in conjunction with the report of the Secretary-General to the Human Rights

Council on the activities of the Global Alliance of National Human Rights Institutions —

the former International Coordinating Committee of National Institutions for the Promotion

and Protection of Human Rights — in accrediting national institutions in compliance with

the principles relating to the status of national institutions for the promotion and protection

of human rights (the Paris Principles) (A/HRC/33/36).

3. In resolution 27/18, the Human Rights Council reiterated 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 Global Alliance of National Human

Rights Institutions, regional coordinating committees of national institutions and national

institutions. 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 follow-up to the recommendations of international human rights

mechanisms.

4. The Council encouraged the Secretary-General to continue to give high priority to

Member States’ requests for assistance in the establishment and strengthening of national

human rights institutions in accordance with the Paris Principles.

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

A. Advisory services

5. The National Institutions, Regional Mechanisms and Civil Society Section of

OHCHR is responsible for the coordination of the activities of the Office to establish and/or

strengthen national human rights institutions. Together with OHCHR field presences, other

United Nations entities, in particular the United Nations Development Programme (UNDP)

and 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.

6. 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. It 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.

4 GE.16-11355

7. During the period under review, OHCHR provided advice and/or assistance on the

strengthening of human rights institutions in Afghanistan, Argentina, Armenia, Azerbaijan,

Barbados, Bosnia and Herzegovina, Burundi, Cameroon, Chad, Chile, Colombia, the

Congo, Croatia, Egypt, El Salvador, Ethiopia, Georgia, Guatemala, Haiti, Honduras, Iraq,

Ireland, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Libya, Madagascar, Malawi, Malaysia,

Maldives, Mauritania, Mauritius, Mongolia, Myanmar, Nicaragua, Nigeria, Oman, Panama,

Paraguay, Peru, the Philippines, the Republic of Moldova, the Russian Federation, Rwanda,

Senegal, Serbia, Sierra Leone, Slovakia, South Africa, Tajikistan, Thailand, the former

Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tunisia, Uganda, Ukraine, the

United Republic of Tanzania, Zambia and the State of Palestine, as well as Kosovo.1

8. OHCHR also provided assistance to activities aimed at the establishment of national

human rights institutions in Angola, Bahrain, Benin, Botswana, Brazil, Burkina Faso, Cabo

Verde, the Comoros, the Democratic Republic of the Congo, Fiji, the Gambia, Guinea,

Jamaica, Kuwait, Lesotho, Malta, the Niger, Norway, Samoa, Saudi Arabia, Seychelles,

Somalia, South Sudan, Swaziland, Turkey, Turkmenistan, the United Arab Emirates,

Uruguay, Vanuatu, Yemen and Zimbabwe.

1. Africa

9. During the period under review, the OHCHR regional offices for Central, East,

Southern and West Africa, the OHCHR country offices in Burundi, Guinea and Uganda,

the human rights advisers to the United Nations country teams in Chad, Kenya,

Madagascar, Malawi, Mozambique, the Niger, Nigeria, Rwanda, Sierra Leone, the United

Republic of Tanzania and Zambia, and the human rights components of the United Nations

missions in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the

Congo, Guinea-Bissau, Liberia, Mali, Somalia, South Sudan and the Sudan (in Darfur)

continued, in consultation with the National Institutions, Regional Mechanisms and Civil

Society Section, to provide advice on and assistance in the establishment and/or

strengthening of national human rights institutions in Africa.

(a) Legislative advice

10. In 2014 and 2015, OHCHR provided legislative advice on and financial support in

drafting a new enabling law for the National Human Rights Commission of Senegal.

11. OHCHR provided advice and guidance with regard to the laws establishing national

human rights institutions in Angola, Botswana, Lesotho, Burkina Faso, Cabo Verde, Chad,

the Gambia and Somalia, and to improve the existing law in Mauritius.

12. In 2015, in Madagascar, OHCHR supported advocacy and awareness-raising

activities on the law adopted on the establishment of the national human rights institution.

(b) Capacity-building

13. In 2014 and 2015, OHCHR provided technical assistance to a UNDP-funded project

that supported the National Human Rights Commission of Nigeria in conducting

investigations and developing a mechanism for systematic human rights monitoring and

reporting. Support was also provided to the Commission to monitor human rights issues in

the context of the electoral process.

1 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.

GE.16-11355 5

14. In November 2014, OHCHR provided technical advice to the Human Rights

Commission of Swaziland in the context of a human rights needs assessment mission.

15. In Burundi, OHCHR provided advice and support to the National Independent

Human Rights Commission, including for the establishment of its regional offices and

training for its new members, elected in April 2015.

16. In August 2015, in cooperation with the Human Rights Commission of Zambia,

OHCHR organized a workshop on economic, social and cultural rights. OHCHR and the

Commission also conducted joint activities on sexual health and reproductive rights within

the framework of a partnership between them and the United Nations Population Fund.

17. In August 2015, OHCHR organized a two-day training for the National Human

Rights Commission of Guinea on the role of national human rights institutions in

promoting and protecting human rights. OHCHR also organized training sessions for

members of the Commission and its staff on human rights monitoring in electoral contexts

and human rights treaty bodies.

18. In September 2015, OHCHR and UNDP co-organized a training workshop for the

Human Rights Commission of Zimbabwe on engaging with international human rights

mechanisms and monitoring places of detention.

19. In 2015, OHCHR organized field trips and a three-day workshop for the

Commission on Human Rights and Good Governance of the United Republic of Tanzania

on the rights of indigenous peoples. It also provided support to the institution on reporting

under the universal periodic review.

20. OHCHR provided support to the National Human Rights Commission of Senegal on

international human rights mechanisms and alternative reporting for the universal periodic

review and treaty bodies.

21. In South Africa, OHCHR developed a research and advocacy project on the

economic empowerment of women, in partnership with the Human Rights Commission and

the United Nations Entity for Gender Equality and the Empowerment of Women (UN-

Women).

22. In 2015, the United Nations Mission in South Sudan trained the South Sudan Human

Rights Commission on the universal periodic review and specific human rights issues,

including on women’s rights. The Mission, in cooperation with the Commission, carried

out promotional activities on different human rights issues, including women’s rights and

gender-based violence.

23. In the Niger, OHCHR provided advice and technical support to the national human

rights institution to develop its 2014-2017 strategic plan. It also trained the national human

rights institution on the universal periodic review and human rights monitoring in

connection with the elections.

24. In Uganda, OHCHR trained the Human Rights Commission on different issues,

including climate change, business and human rights and human rights monitoring in the

context of elections. OHCHR provided support to the Commission to develop and

implement a programme to document serious violations of human rights that occurred

during the conflicts in Uganda between 1987 and 2006. OHCHR also supported the

Commission in developing a database to take stock of all recommendations from the

international and regional human rights mechanisms for Uganda.

25. In 2015, the United Nations Joint Human Rights Office organized workshops and

training for the National Human Rights Commission of the Democratic Republic of the

Congo on human rights principles, mandate and independence, complaint procedures and

investigations. In April 2016, OHCHR, in cooperation with that Office, organized

6 GE.16-11355

workshops on strategic planning and complaints, investigation and conciliation

management, with a view of building the capacity of the Commission.

26. In Sierra Leone, OHCHR provided support to the National Human Rights Council

on the universal periodic review, sexual and gender-based violence and persons with

disabilities, and organized a workshop on business and human rights in May 2016.

27. In Malawi, OHCHR trained the Human Rights Commission, including on business

and human rights, human rights monitoring and engagement with the United Nations

human rights system.

28. In Kenya, OHCHR provided technical and financial support to the National

Commission on Human Rights, including on counter-terrorism, investigations, monitoring

of places of detention, protection of human rights defenders, follow-up to recommendations

from international human rights mechanisms, business, and reproductive rights.

2. Americas and the Caribbean

29. During the period under review, the OHCHR regional offices for South and Central

America, the country offices in the Plurinational State of Bolivia, Colombia, Guatemala,

Honduras and Mexico, the human rights advisers to the United Nations country teams in the

Dominican Republic, Jamaica, Panama and Paraguay, and the human rights component of

the United Nations Stabilization Mission in Haiti, continued to provide advice on and

assistance in strengthening national human rights institutions in the Americas and the

Caribbean, in consultation with the OHCHR National Institutions, Regional Mechanisms

and Civil Society Section.

(a) Legislative advice

30. In 2015, OHCHR provided legislative advice on the establishment of a national

human rights institution in Jamaica, as well as training to the staff members of the Office of

the Public Defender of Jamaica on international human rights standards and mechanisms.

(b) Capacity-building

31. In Paraguay, OHCHR trained the staff of the Ombudsman institution on the

universal periodic review, treaty bodies and special procedures.

32. In October 2014, OHCHR conducted training for the national human rights

institution of Peru on follow-up to universal periodic review recommendations.

33. In November 2014, in partnership with the United Nations Children’s Fund

(UNICEF) and the national human rights institution of Chile, OHCHR conducted a

workshop for civil society organizations on the Optional Protocol to the Convention on the

Rights of the Child on a communications procedure. In 2015, also in partnership with the

national human rights institution of Chile, OHCHR organized a seminar on alternative

reporting to the Committee on Economic, Social and Cultural Rights and a regional seminar

on business and human rights, and launched a joint publication on social protests and

human rights. In August 2015, other activities were jointly carried out on sexual and

reproductive rights, and on social protests, as well as training on lesbian, gay, bisexual,

transgender and intersex rights.

34. In December 2014, OHCHR collaborated with the national human rights institution

of Argentina on the operationalization of a guide on combating racial and ethnic

discrimination, and to deliver training on indigenous peoples’ rights to Guarani

communities.

GE.16-11355 7

35. In December 2014, OHCHR held a workshop in Montevideo to enhance the

engagement of the national human rights institution of Uruguay with the international

human rights system.

36. In December 2014, OHCHR organized a regional workshop in Brasilia to promote

the establishment of a national human rights institution in Brazil.

37. In October 2015, OHCHR provided support to the Office for the Protection of

Citizens in Haiti for the development of its strategic and action plans for 2016-2019. It also

provided support on information technology for the management of cases on alleged human

rights violations. In February 2016, OHCHR developed two quick-impact projects, funded

by the United Nations Stabilization Mission in Haiti, to provide sanitary infrastructures for

six regional offices of the Protector of Citizens.

38. In 2015, OHCHR and the National Human Rights Institution of Guatemala issued a

joint report to assess the implementation of the Government’s strategy to combat

malnutrition. OHCHR provided support and training to the National Human Rights

Institution on various topics, including human rights in the context of elections, business

and human rights, food security, the rights of indigenous peoples, labour rights, lesbian,

gay, bisexual, transgender and intersex rights, and preventive detention.

39. In Panama, OHCHR provided support to the National Human Rights Institution in

preventing and addressing gender domestic violence.

40. In El Salvador, OHCHR supported the National Human Rights Institution in

organizing a public forum on human rights defenders.

3. Asia and the Pacific

41. During the period under review, the OHCHR regional offices for South-East Asia

and the Pacific, the human rights advisers to the United Nations country teams in

Bangladesh, Papua New Guinea, the Philippines, Sri Lanka and Timor-Leste and the human

rights component of the United Nations Assistance Mission in Afghanistan continued to

provide advice and assistance for the establishment or strengthening of national human

rights institutions, in consultation with the National Institutions, Regional Mechanisms and

Civil Society Section.

(a) Legislative advice

42. In 2015, OHCHR provided advice on pending amendments to the law on the

National Human Rights Commission of Thailand.

(b) Capacity-building

43. In December 2014, OHCHR facilitated a workshop organized by the Malaysian

Human Rights Commission on deaths in police custody.

44. In January 2015, OHCHR, UNDP and the Asia-Pacific Forum of National Human

Rights Institutions conducted a capacity assessment of the Office of the Ombudsperson for

Human Rights and Justice of Timor-Leste. A joint project of OHCHR and UNDP provided

capacity support to the institution to train the national police on human rights standards

relating to policing, detention, use of force and the rights of specific groups. Through this

project, technical support was also provided in case management, investigations, mediation

and human resources. In October 2014, OHCHR trained the staff of the Office of the

Ombudsperson on economic, social and cultural rights and on international human rights

standards. OHCHR also conducted five briefing sessions on specific rights for the staff of

the Office of the Ombudsperson in March and April 2016.

8 GE.16-11355

45. In November 2015, OHCHR, UNDP and the Asia-Pacific Forum of National

Human Rights Institutions organized a high-level dialogue with the members of the re-

established Fiji Human Rights and Anti-Discrimination Commission. In 2016, OHCHR

organized training for the commission on detention monitoring and treaty bodies.

46. In December 2015, OHCHR trained the Myanmar National Human Rights

Commission on international standards related to preventing discrimination and to minority

rights. In June 2016, OHCHR and the Commission organized a workshop for senior staff of

State institutions on minority rights.

47. In Samoa, OHCHR provided support to the Ombudsman institution on the universal

periodic review and treaty bodies. It also supported the Ombudsman in drafting a report on

the rights of persons with disabilities and developing an internal database on complaint

handling and human rights monitoring.

48. In Afghanistan, in cooperation with the United Nations Assistance Mission in

Afghanistan, OHCHR assisted the Independent Human Rights Commission to develop 34

provincial-level roadmaps for peace and to host a round table on civil society space in July

2016. OHCHR and the Mission also provided training and advice to the Commission in

preventing and addressing violence against women and honour killings.

4. Europe and Central Asia

49. During the period under review, the OHCHR regional offices for Europe and Central

Asia, the OHCHR Human Rights Monitoring Mission in Ukraine, the human rights

advisers in the Republic of Moldova, the Russian Federation, Serbia and the former

Yugoslav Republic of Macedonia, as well as the southern Caucasus and the human rights

component of the United Nations Interim Administration Mission in Kosovo continued to

provide advice and assistance for the establishment and/or strengthening of human rights

institutions, in consultation with the National Institutions, Regional Mechanisms and Civil

Society Section.

(a) Legislative advice

50. In 2015 and 2016, OHCHR provided advice on draft amendments to the enabling

law of the Ombudsman of Kazakhstan, Kyrgyzstan, the Republic of Moldova, Tajikistan

and the former Yugoslav Republic of Macedonia.

51. In 2015 and 2016, OHCHR provided advice on the draft laws establishing national

human rights institutions in Malta and Turkmenistan.

Capacity-building

52. In February 2015, OHCHR participated in a joint United Nations mission to Bosnia

and Herzegovina to assess the status and independence of the Ombudsman institution and

the overall context in which it operates, focusing on its financial independence, reporting,

organizational structure and human rights mandate, with a view to strengthening its

compliance with the Paris Principles.

53. In October 2015, OHCHR organized a workshop for the Commissioner for Human

Rights of Kazakhstan on follow-up to recommendations from international human rights

mechanisms. OHCHR supported the establishment of the national preventive mechanism

through training for its members on international standards.

54. In December 2015, in Belgrade, OHCHR participated in an international conference

organized by the Protector of Citizens (Ombudsman) of Serbia, and made a presentation on

human rights of migrants and refugees. OHCHR has been engaged in supporting follow-up

GE.16-11355 9

to the Thessaloniki Action Plan of national human rights institutions in Europe on the

human rights of migrants and refugees.

55. In 2015, OHCHR assisted in the development of a UNDP project to enhance the

capacity of the national human rights institution in Turkey.

56. OHCHR organized six workshops and two conferences for the federal and regional

ombudspersons in the Russian Federation, including on United Nations human rights

mechanisms, international standards for national human rights institutions, the rights of

indigenous peoples, women’s rights and non-discrimination. In 2015, OHCHR organized a

pilot training session for the staff members of the Ombudsman of the Russian Federation on

effectively handling claims of discrimination. It also organized a workshop for regional

human rights commissioners with a view to developing an environment free from

discrimination in football.

57. OHCHR provided support to the institution of the Ombudsman of Kyrgyzstan,

including for its 2015 work-plan, fundraising and advocacy. Support was provided also to

strengthen its capacity to conduct human rights monitoring and produce analytical reports.

As a result, the Ombudsman made its first submission to a United Nations treaty body (the

Committee on Economic, Social and Cultural Rights).

58. In Tajikistan, OHCHR provided support to the pilot national preventive mechanism

— the Monitoring Group — under the auspices of the Ombudsman institution. It thus

contributed to strengthening the awareness and capacity of this mechanism by organizing

discussions on its recommendations. OHCHR also supported visits of the Monitoring

Group to detention centres and organized two workshops for its staff members and for

those of the Ombudsman institution on documenting torture according to the Istanbul

Protocol.

59. In April 2016, in partnership with the United Nations Interim Administration

Mission in Kosovo and the Council of Europe, OHCHR provided training to the

Ombudsman of Kosovo on human rights indicators, aimed at supporting the institution to

monitor implementation of the laws on protection from discrimination and on gender

equality.

60. In April 2016, OHCHR trained the national human rights institution of the Republic

of Moldova on the Paris Principles, human rights monitoring and investigation, and

international human rights mechanisms.

5. Middle East and North Africa

61. During the period under review, the OHCHR regional office for the Middle East and

North Africa, the United Nations Human Rights Training and Documentation Centre for

South-West Asia and the Arab Region, the OHCHR offices in Mauritania, Tunisia, Yemen

and the State of Palestine and the United Nations Assistance Mission for Iraq and the

United Nations Support Mission in Libya continued to provide advice and assistance for the

establishment and/or strengthening of national human rights institutions in the Middle East

and North Africa, in consultation with the National Institutions, Regional Mechanisms and

Civil Society Section.

(a) Legislative advice

62. In 2016, OHCHR provided advice on a draft law for the establishment of a national

human rights institution in Tunisia, including by training the members of the drafting

committee on relevant international standards. OHCHR also facilitated five consultations at

the national and regional level to discuss the establishment of a human rights institution.

10 GE.16-11355

(b) Capacity-building

63. In November 2014, OHCHR provided training to the National Council for Human

Rights of Egypt on human rights indicators.

64. In 2015, OHCHR trained the National Human Rights Commission of Mauritania on

the United Nations human rights mechanisms, particularly on drafting reports for the

universal periodic review and treaty bodies.

65. The United Nations Assistance Mission for Iraq and the United Nations Office for

Project Services provided 23 training sessions and workshops to build the capacity of the

Independent High Commission for Human Rights of Iraq, including on women’s rights,

minorities rights, human rights investigations and reporting, prison monitoring, protection

of civilians in armed conflict, raising human rights awareness, and procurement and public

budgeting.

66. In the State of Palestine, OHCHR trained the staff of the Independent Commission

for Human Rights in monitoring economic, social and cultural rights and administration of

justice. OHCHR also supported the Commission in organizing a meeting on women’s

rights and delivering several training sessions, including for law enforcement personnel.

B. Support to regional and subregional initiatives by national human

rights institutions

1. Africa

67. In April 2015, the OHCHR Regional Office for Southern Africa and the South

African Human Rights Commission co-organized subregional training for national human

rights institutions on business and human rights in the extractive industry.

2. Americas and the Caribbean

68. In September 2014, in Chile, the OHCHR Regional Office for South America

convened a workshop bringing together national human rights institutions from across the

region to exchange good practices on monitoring social protests. In Chile, OHCHR

conducted training for the national human rights institutions of the region on follow-up to

universal periodic review recommendations.

69. In October 2015, OHCHR and the University of San Martin in Argentina organized

a workshop for the national human rights institutions of Argentina, Brazil, Chile, Ecuador,

Peru and Uruguay, focusing on the implementation of universal periodic review

recommendations.

3. Asia and the Pacific

70. In August 2015, the national human rights institutions of Fiji, New Zealand and

Samoa participated in the launch of the Free and Equal campaign2 in the Pacific, organized

by OHCHR. In November 2015, those institutions also participated in a regional workshop

on universal periodic review, which OHCHR organized in Suva.

2 Free and Equal campaign is a United Nations global public education campaign for lesbian, gay,

bisexual and transgender equality.

GE.16-11355 11

4. Europe and Central Asia

71. The OHCHR Regional Office for Europe organized workshops and continued to

provide advice and capacity-building to national human rights institutions in Europe,

including on the rights of migrants, persons with disabilities and ethnic minorities.

72. In October 2015, OHCHR provided technical and substantive input in a regional

conference organized by the Commissioner for Human Rights of Ukraine on national

human rights institutions in conflict and post-conflict situations.

5. Middle East and North Africa

73. In September 2014, the United Nations Human Rights Training and Documentation

Centre for South-West Asia and the Arab Region organized a training workshop for 20

national human rights institutions on their role in protecting the rights of individuals

deprived of their liberty. In 2015 and 2016, the Centre also trained national human rights

institutions on the rights of women in detention, combating hate speech, human trafficking,

economic, social and cultural rights, and interaction with the international human rights

mechanisms.

C. Contributions to international initiatives supporting national human

rights institutions

1. Annual general meetings of the Global Alliance of National Human Rights Institutions

74. During the reporting period, OHCHR provided secretariat and technical support to

two annual general meetings of the Global Alliance, held in Geneva on 12 and 13 March

2015 and from 21 to 23 March 2016. At the March 2016 meeting, the International

Coordinating Committee of National Institutions for the Promotion and Protection of

Human Rights changed its name into the Global Alliance of National Human Rights

Institutions.

2. Bureau meetings

75. OHCHR provided secretariat and technical support for four statutory Bureau

meetings of the Global Alliance, which were held in Geneva on 11 March 2015 and 21

March 2016, in Johannesburg on 16 and 17 October 2014, and in Merida, Mexico, on 6 and

7 October 2015. The Bureau members discussed their strategic priorities and other

organizational issues, and endorsed the reports of the Sub-Committee on Accreditation of

March and October 2014, and March and November 2015.

4. Sub-Committee on Accreditation

76. Article 6 of the Statute of the Global Alliance provides that meetings of the Sub-

Committee on Accreditation shall be held under the auspices of and in cooperation with

OHCHR. Accordingly, OHCHR provided substantive support to four sessions of the Sub-

Committee, held in Geneva in October 2014, March and November 2015, and May 2016.

The presence of OHCHR at all the meetings of the Sub-Committee is instrumental to

attesting the compliance of the accreditation process with the established rules of

procedure, and contributes to its transparency, fairness and rigorousness.

5. Fellowship programme for staff of national human rights institutions

77. OHCHR maintains its 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,

12 GE.16-11355

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 Albania,

Costa Rica, Egypt, Indonesia, Malawi, Malaysia, Portugal and the Russian Federation

participated in the programme.

6. International conferences

78. From 8 to 10 October 2015, in Merida, Mexico, OHCHR, the Mexican National

Human Rights Commission and the Global Alliance organized the Twelfth International

Conference of National Human Rights Institutions on “The Sustainable Development

Goals: what role for national human rights institutions?”. The Merida declaration on the

role of national human rights institutions in implementing the 2030 Agenda for Sustainable

Development was adopted at this conference.

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

A. Human Rights Council

79. During the reporting period, national human rights institutions were active before

and during the sessions of the Council, delivering statements, submitting written

documentation, participating in general debates and organizing parallel events and

interacting with the special procedures under specific agenda items. A total of 56

institutions participated in Council sessions during the reporting period (see annex I),

including 25 through video statements.

1. Universal periodic review

80. During the second cycle of the universal periodic review, the important role that

independent national human rights institutions in full compliance with the Paris Principles

play in the promotion and protection of human rights was highlighted in most of the

reviews. Many States’ recommendations requested the establishment of national human

rights institutions or advised that their capacity to fully implement their mandates be further

strengthened.

81. During the second cycle, A-status institutions continued to share their independent

views on the impact of the review on the promotion and protection of human rights,

including good practices, challenges and emerging human rights issues. In accordance with

the Council’s resolution 16/21 adopted in 2011, a summary of the written contributions

submitted by A-status institutions was included as a separate section in the summary of

information from stakeholders prepared by OHCHR for the second cycle (see annex II).3

82. Several A-status institutions further used the opportunity created for them by the

Council to intervene immediately after the State under review during the adoption of the

outcome, including through a representative of the Global Alliance of National Human

Rights Institutions or through video statements.

83. Some A-status institutions contributed in writing or via video statements to the

general debate under agenda item 6 of the Council, including by sharing mid-term progress

reports on the status of the implementation of recommendations.

3 That document is one of the three documents that form the basis of the review.

GE.16-11355 13

84. Given the role that national human rights institutions can play at the national level in

follow-up to the universal periodic review and in developing tools to monitor and assess

progress in the implementation of recommendations, OHCHR continued to actively support

and encourage their participation in the review process.

B. Treaty bodies

85. OHCHR continued to support the participation of national human rights institutions

in treaty bodies sessions. The secretariats of the treaty bodies, the National Institutions,

Regional Mechanisms and Civil Society Section and the Geneva representative of the

Global Alliance of National Human Rights Institutions 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.

86. During the reporting period, human rights treaty bodies reviewed 319 States parties,

236 of which had national human rights institutions. Of those 236 institutions, more than

200 interacted with treaty bodies by submitting reports, providing briefings before the

review or attending the sessions (see annex III).

87. Treaty bodies have provided national human rights institutions with information

notes, statements and advice and tools to facilitate their effective engagement and invited

representatives of those institutions to their meetings.

88. In September 2014, the Committee on Enforced Disappearances adopted a paper on

its relationship with national human rights institutions to enhance the opportunities for

those institutions to engage with the Committee and contribute to its work. The Committee

has engaged with the Global Alliance of National Human Rights Institutions in that

process.

89. In September 2014, the Committee on the Rights of Persons with Disabilities held

its first meeting with national human rights institutions and independent monitoring

frameworks to discuss ways in which monitoring of the Convention at the national and

international levels could be mutually reinforced. The Committee subsequently adopted

draft guidelines on the establishment of independent monitoring frameworks and their

participation in the work of the Committee, during its fifteenth session (29 March-21 April

2016).

IV. Recommendations

A. Recommendations to Member States

90. Member States are encouraged to establish national human rights institutions

compliant with the Paris Principles or to strengthen the structures and independence

of existing institutions in order to enable the effective fulfilment of their mandate,

taking into account the recommendations of the Sub-Committee on Accreditation of

the Global Alliance of National Human Rights Institutions and the advice of OHCHR.

91. Member 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

authorization to visit places of deprivation of liberty.

14 GE.16-11355

92. Member States should ensure that national human rights institutions are

provided with adequate human and financial resources and operate with the

necessary independence, and that they have the capacity to freely propose and

manage their own budgets and recruit their own staff members.

93. Member States should ensure the formalization of a clear, transparent and

participatory selection and appointment process for members and staff of national

human rights institutions.

94. Members and staff of national human rights institutions should enjoy immunity

while discharging their functions in good faith in their official capacity. Member

States are urged to take measures to protect members and staff of national human

rights institutions against threats and harassment. Any alleged reprisal or

intimidation against members and staff of institutions, or against individuals who

cooperate or seek to cooperate with them, should be promptly and thoroughly

investigated, and perpetrators brought to justice.

95. Member States are encouraged to act upon and implement recommendations of

national human rights institutions.

96. Member States should continue to provide financial contributions to OHCHR

for the latter to sustain high-quality support for the establishment and strengthening

of national human rights institutions and to provide secretariat support to the Global

Alliance and its Sub-Committee on Accreditation.

B. Recommendations to national human rights institutions

97. National human rights institutions should seek regular and constructive

cooperation with relevant State bodies to promote the inclusion of human rights issues

in legislation, policies and programmes.

98. National human rights institutions should develop, formalize and maintain

cooperation with civil society organizations, and strengthen their capacity to

participate meaningfully in the promotion and protection of human rights.

99. In accordance with the Paris Principles, national human rights institutions

working in conflict situations or crises are encouraged to be vigilant and proactive in

protecting the rights of persons affected.

100. National human rights institutions are encouraged to continue their work

towards implementing, in cooperation with key partners, the Merida declaration on

the role of national human rights institutions in implementing the 2030 Agenda for

Sustainable Development, adopted at the Twelfth International Conference of

National Human Rights Institutions.

101. 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.

102. In accordance with the Paris Principles, national human rights institutions are

encouraged to continue to engage with the international human rights mechanisms,

and to promote the implementation of their recommendations.

103. National human rights institutions are encouraged to continue to advocate for

their independent participation in relevant United Nations mechanisms and processes,

including the 2030 Agenda.

GE.16-11355 15

Annex I

Submissions from national human rights institutions to the Human Rights Council (submitted between September 2014 and February 2016)

Country/Institution Segment Date

Global Alliance of National Human Rights Institutions

Agenda item 1 Panel on human rights mainstreaming

February 2016

National Human Rights Council of Morocco

Agenda item 3 Panel on fiftieth anniversary of human rights covenants

March 2016

Human Rights Commissioner of Azerbaijan (Ombudsman)

Agenda item 3 Panel discussion on climate change and right to health

March 2016

Special Adviser of the Secretary- General on the Prevention of Genocide

March 2016

Report of the Special Rapporteur on the rights of persons with disabilities

March 2016

Red de Instituciones Nacionales para la Promoción y Protección de los Derechos Humanos del Continente Americano

Agenda item 3 Report of the Special Rapporteur on human rights and the environment

Agenda item 3 Report of the Special Rapporteur on the situation of human rights defenders

Agenda item 3 Report of the Special Rapporteur on the rights of persons with disabilities

Agenda item 3 Report of the Special Rapporteur on the right to food

Agenda item 3 Special Representative of the Secretary-General on Violence against Children

March 2016

March 2016

March 2016

March 2016

March 2016

National Human Rights Commission of Greece

Agenda item 3 Annual debate on the rights of persons with disabilities

March 2016

National Human Rights Commission of Mexico on behalf of the Global Alliance of National Human Rights Institutions

Agenda item 1 High-level panel on human rights mainstreaming Video statement

March 2016

16 GE.16-11355

Country/Institution Segment Date

Ombudsman of the Republic Serbia

Agenda item 3 Special Rapporteur on adequate housing — Mission to Serbia Video statement

March 2016

Scottish Human Rights Commission

Agenda item 3 Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context Video statement

March 2016

Equality and Human Rights Commission of Great Britain (United Kingdom)

Agenda item 3 Special Rapporteur on the situation of human rights defenders Video statement

March 2016

National Human Rights Commission of Greece

Agenda item 2 Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights — mission to Greece Video statement

March 2016

Public Defender of Georgia Agenda item 3 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Video statement

March 2016

Human Rights Commission of Malaysia (SUHAKAM)

Agenda item 3 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Video statement

March 2016

Global Alliance of National Human Rights Institutions, Working Group Chair — National Human Rights Council of Morocco

Agenda item 3 Report of open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights Video statement

March 2016

Commissioner for Fundamental Rights of Hungary

Agenda item 3 Debate on the state of racial discrimination worldwide Video statement

March 2016

GE.16-11355 17

Country/Institution Segment Date

Ukrainian Parliament Commissioner for Human Rights

Agenda item 6 Universal periodic review general debate

September 2015

Provedoria for Human Rights and Justice of Timor-Leste

Agenda item 3 Working Group on Enforced or Involuntary Disappearances

September 2015

European Network of National Human Rights Institutions (ENNHRI)

Agenda item 3 Independent Expert on the enjoyment of all human rights by older persons

September 2015

Canadian Human Rights Commission

Agenda item 3 High Commissioner’s report on the human rights implications of over- incarceration and overcrowding

September 2015

Defensor del Pueblo Colombia

Agenda item 2 High Commissioner’s report (A/HRC/30/28)

Agenda item 3 Special Rapporteur on the rights of indigenous peoples

Agenda item 2 OHCHR report (A/HRC/30/70)

Agenda item 2 Special Rapporteur’s report on the safety of journalists and the issue of impunity (A/HRC/30/68)

Agenda item 2 High Commissioner’s report (A/HRC/30/29)

September 2015

September 2015

September 2015

September 2015

September 2015

Canadian Human Rights Commission

Agenda item 3 Report of the Working Group on Arbitrary Detention Video statement

September 2015

Northern Ireland Human Rights Commission

Agenda item 3 Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence Video statement

September 2015

National Commission on Human Rights of Kenya

Agenda item 3 Special Rapporteur on the human right to safe drinking water and sanitation Video statement

September 2015

National Human Rights Commission of Korea

Agenda item 3 Independent Expert on the enjoyment of all human rights by older persons Video statement

September 2015

18 GE.16-11355

Country/Institution Segment Date

Joint statement — Equality and Human Rights Commission (UK) and Northern Ireland Human Rights Commission

Agenda item 5 Using sport and the Olympic ideal to promote human rights Video statement

September 2015

Ukrainian Parliament Commissioner for Human Rights

Agenda item 10 Interactive dialogue on the High Commissioner’s oral update on Ukraine Video statement

September 2015

National Human Rights Commission of Greece

Agenda item 3 Panel on realizing the equal enjoyment of the right to education by every girl

June 2015

Human Rights Commissioner of Azerbaijan (Ombudsman)

Agenda item 3 Panel on eliminating and preventing domestic violence against women and girls

June 2015

National Human Rights Council of Morocco

Agenda item 3 Annual day of discussion on the human rights of women

Agenda item 9 Panel on the effects of terrorism on the enjoyment by all persons of human rights and fundamental freedoms

June 2015

June 2015

Defensor del Pueblo of Argentina

Agenda item 6 Universal periodic review general debate

June 2015

Procurador de los Derechos Humanos of Guatemala

Agenda item 6 Universal periodic review general debate

June 2015

Commissioner for Fundamental Rights of Hungary

Agenda item 3 Special Rapporteur on minority issues (study on Roma) Video statement

June 2015

Joint statement — Equality and Human Rights Commission (UK) and Northern Ireland Human Rights Commission

Agenda item 3 Special Rapporteur on minority issues (study on Roma) Video statement

June 2015

GE.16-11355 19

Country/Institution Segment Date

Human Rights Commission of Malaysia (SUHAKAM)

Agenda item 3 Report of Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children — visit to Malaysia Video statement

Agenda item 3 Report of Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health — visit to Malaysia

June 2015

June 2015

Independent Human Rights Commission of Afghanistan

Agenda item 3 Special Rapporteur on violence against women

June 2015

Joint statement — Equality and Human Rights Commission; Northern Ireland Human Rights Commission and Scottish Human Rights Commission

Agenda item 3 Special Rapporteur on violence against women

June 2015

Northern Ireland Human Rights Commission

Agenda item 3 Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

Agenda item 3 Special Rapporteur on the promotion and protection of human rights while countering terrorism

June 2015

June 2015

Global Alliance of National Human Rights Institutions

Agenda item 3 Forum on Business and Human Rights

June 2015

Procurador de los Derechos Humanos of Guatemala

Agenda item 3 Special Rapporteur on the situation of human rights defenders

Agenda item 3 Special Rapporteur on the right to food

Agenda item 3 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Agenda item 3 Interactive dialogue on violence against children

March 2015

March 2015

March 2015

March 2015

Commissioner for Fundamental Rights of Hungary

Agenda item 5 Special Rapporteur on the situation of human rights defenders

March 2015

20 GE.16-11355

Country/Institution Segment Date

Human Rights Commissioner of Azerbaijan (Ombudsman)

Agenda item 3 Panel discussion on national policies and human rights

March 2015

Australian Human Rights Commission

Agenda item 6 Universal periodic review general debate

March 2015

State of Palestine: Independent Commission for Human Rights

Agenda item 7 The right to movement and travel in the light of the ongoing blockade of the Gaza Strip

Agenda item 7 Housing

Agenda item 7 Children

March 2015

March 2015

March 2015

Independent Human Rights Commission of Afghanistan

Agenda item 2 Annual report of the High Commissioner on the situation of human rights in Afghanistan Video statement

March 2015

Northern Ireland Human Rights Commission

Agenda item 3 Special Rapporteur on the promotion and protection of human rights while countering terrorism Video statement

March 2015

Human Rights Commission of Malaysia (SUHAKAM)

Annual day of meetings on the rights of the child Video statement

March 2015

Australian Human Rights Commission

Agenda item 6 Universal periodic review general debate Video statement

March 2015

National Human Rights Commission of Mauritania

Agenda item 3 Special Rapporteur on contemporary forms of slavery

September 2014

Public Defender of Georgia Agenda item 3 Panel on the protection of the human rights of persons deprived of their liberty

September 2014

National Human Rights Council of Morocco

Agenda item 3 Working Group on arbitrary detention

September 2014

GE.16-11355 21

Country/Institution Segment Date

National Commission on Human Rights of Kenya

Agenda item 3 Panel on the protection of the human rights of persons deprived of their liberty

Agenda item 3 Panel on accelerating global efforts to end violence against children

September 2014

September 2014

Human Rights Commissioner of Azerbaijan (Ombudsman)

Agenda item 3 Panel on the protection of the human rights of persons deprived of their liberty

September 2014

Joint statement by 22 A-status national human rights institutions

Agenda item 3 General debate

September 2014

Northern Ireland Human Rights Commission

Agenda item 6 Universal periodic review general debate

September 2014

Equality and Human Rights Commission of Great Britain

Agenda item 6 Universal periodic review general debate

Agenda item 3 Special Rapporteur on contemporary forms of slavery, including its causes and consequences Video statement

September 2014

September 2014

Defensor del Pueblo of Spain Agenda item 3 Report of the Working Group on Enforced or Involuntary Disappearances Video statement

September 2014

Joint statement by the Equality and Human Rights Commission, the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission

Agenda item 6 United Kingdom’s progress at the midpoint of the universal periodic review cycle Video statement

September 2014

22 GE.16-11355

Annex II

Engagement of national human rights institutions in the second cycle of the universal periodic review (2014-2015)

Twenty-third session of the Working Group on the Universal Periodic Review (2015)

State (in order of review)

Written contribution for

summary (as used)4

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

Mauritania Yes (A-status) -

Rwanda Yes (A-status) Agenda item 6 (thirty-first session of the Council) Universal periodic review of Rwanda

Nepal Yes (A-status) Agenda item 6 (thirty-first session of the Council) Universal periodic review of Nepal

Oman Yes (B-status) -

Austria Yes (B-status) -

Myanmar Yes (Not accredited yet)

-

Australia Yes (A-status) -

Georgia Yes (A-status) -

Twenty-second session of the Working Group on the Universal Periodic Review (2015)

State (in order of review)

Written contribution for

summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

Malawi Yes (A-status) Agenda item 6 (thirtieth session of the Council) Universal periodic review of Malawi

Mongolia Yes (A-status) Agenda item 6 (thirtieth session of the Council) Universal periodic review of Mongolia

Panama (A-status) Agenda item 6 (thirtieth session of the Council) Universal periodic review of Panama

Maldives Yes (B-status) -

Bulgaria (B-status) -

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

GE.16-11355 23

State (in order of review)

Written contribution for

summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

Honduras (B-status) -

Croatia Yes (A-status) -

Libya Yes (B-status) -

Twenty-first session of the Working Group on the Universal Periodic Review (2015)

State (in order of review)

Written contribution for

summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

Kyrgyzstan (B-status) -

Spain Yes (A-status) -

Kenya Yes (A-status) Agenda item 6 (twenty-ninth session of the Council) Universal periodic review of Kenya

Armenia Yes (A-status) Agenda item 6 (twenty-ninth session of the Council) Universal periodic review of Armenia

Sweden Yes (B-status) -

Twentieth session of the Working Group on the Universal Periodic Review (2014)

State (in order of review)

Written contribution for

summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

El Salvador Yes (A-status) -

Bolivia (Plurinational State of)

Yes (A-status) -

Iraq Yes (Not accredited yet)

-

Egypt Yes (A-status) Agenda item 6 (twenty-eighth session of the Council) Universal periodic review of Egypt

Bosnia and Herzegovina

Yes (A-status) -

24 GE.16-11355

Nineteenth session of the Working Group on the Universal Periodic Review (2014)

State (in order of review)

Written contribution for

summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

Norway Yes (B-status)

-

Albania (A-status)

Agenda item 6 (twenty-seventh session of the Council) Universal periodic review of Albania

Portugal (A-status) Agenda item 6 (twenty-seventh session of the Council) Universal periodic review of Portugal

Costa Rica Yes (A-status) -

Ethiopia Yes (application under review)

-

Qatar Yes (A-status) Agenda item 6 (twenty-seventh session of the Council) Universal periodic review of Qatar

Nicaragua Yes (A-status) -

Eighteenth session of the Working Group on the Universal Periodic Review (2014)

State (in order of review)

Written contribution

for summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

New Zealand Yes (A-status) Agenda item 6 (twenty-sixth session of the Council) Universal periodic review of New Zealand

Afghanistan Yes (A-status) Agenda item 6 (twenty-sixth session of the Council) Universal periodic review of Afghanistan

Chile Yes (A-status) -

The former Yugoslav Republic of Macedonia

Yes (A-status) -

Slovakia (B-status)

(Accreditation lapsed due to non- submission of documentation)

-

GE.16-11355 25

State (in order of review)

Written contribution

for summary (as used)

Oral statement to Human Rights Council during the

adoption of the outcome of the universal periodic review

of the country concerned (A-status national human rights

institutions only)

Comoros Yes (no status with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights)

-

Uruguay Yes (no status with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights )

-

26 GE.16-11355

Annex III

Engagement of national human rights institutions in the work of the treaty bodies (September 2014-August 2016)

Committees

Number of States

parties reviewed

Number of States

parties with a national

human rights institution

Submission of

information Briefing

Committee against Torture 31 21 19 11

Committee on the

Elimination of Racial

Discrimination 26 12 16 12

Committee on Economic,

Social and Cultural Rights 70 66 28 17

Human Rights Committee 33 26 20 n/a

Committee on the

Elimination of

Discrimination against

Women 51 33 9 7

Committee on the

Protection of the Rights of

All Migrant Workers and

Members of Their Families 14 8 2 1

Committee on the Rights of

the Child 57 44 39 19

Committee on the Rights of

Persons with Disabilities 27 16 15 14

Committee on Enforced

Disappearances 10 10 3 3

Total 319 236 151 84