Original HRC document

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Document Type: Final Report

Date: 2017 Jan

Session: 34th Regular Session (2017 Feb)

Agenda Item: 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

GE.17-00584(E)



Human Rights Council Thirty-fourth session

27 February-24 March 2017

Agenda item 2

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Annual report of the United Nations High Commissioner for Human Rights

* Reissued for technical reasons on 6 March 2017.

United Nations A/HRC/34/3*

I. Introduction

1. The present report, submitted pursuant to General Assembly resolution 48/141,

gives an overview of the work of the Office of the United Nations High Commissioner for

Human Rights (OHCHR) at headquarters in Geneva and New York and through its country

and regional human rights presences, from 1 December 2015 to 30 November 2016. The

report follows the OHCHR thematic priorities set out in the Office Management Plan for

2014-2017.

2. As at 1 November 2016, OHCHR supported 60 field presences consisting of 15

country or stand-alone offices, including a new office in Honduras; 12 regional

offices/centres; human rights components in 14 peace missions; and 19 Human Rights

Advisers in United Nations country teams. While there is increased demand for Human

Rights Advisers, funds are insufficient, challenging both existing deployments and the

ability to respond to new requests. Consequently, in 2016, the posts of Human Rights

Adviser in Bangladesh, the United Republic of Tanzania and Zambia and the regional

Human Rights Advisers for Asia and the Pacific and for Latin America and the Caribbean

were discontinued. The maintenance of a further nine Human Rights Advisers will be

reconsidered during 2017, should funds become available. OHCHR will continue working

with the United Nations Development Group to seek sustainable funding for this valuable

form of human rights presence.

3. During the period under review, the United Nations High Commissioner for Human

Rights visited Belgium, Brazil, Canada, Colombia, the Democratic Republic of the Congo,

France, Germany, Liechtenstein, the Netherlands, Norway, Qatar, Sri Lanka, Switzerland,

the United Kingdom of Great Britain and Northern Ireland and the United States of

America. The Deputy United Nations High Commissioner for Human Rights visited

Albania, Austria, Denmark, Ecuador, Honduras, Iraq, Turkey (on the occasion of the World

Humanitarian Summit) and the United Arab Emirates, as well as Myanmar and Sri Lanka

as part of a delegation headed by the Secretary-General. The former Assistant Secretary-

General for Human Rights visited Austria, Ethiopia (to attend the African Union Summit),

Guyana, the Republic of Moldova, Switzerland, Ukraine and the United States, as well as

Burundi, the Democratic Republic of the Congo and South Sudan as part of a delegation

headed by the Secretary-General. His successor, who took up his functions on 1 October

2016, also visited the Democratic Republic of the Congo.

4. The reporting period was one of significant and protracted crises. Civilian casualties

in conflicts reached alarming levels, while deaths and suffering from large-scale

movements of people continued to rise. During the reporting period, the death toll from

attempted migration across the Mediterranean Sea surpassed that of previous years, despite

fewer overall arrivals in Europe. Political discourse around many of these human tragedies,

relating in particular to migrants, has become more and more tainted by intolerance,

xenophobia and prejudice, while basic human rights principles are being questioned. At the

World Humanitarian Summit in May, OHCHR promoted the importance of both

international human rights law as well as international humanitarian law in humanitarian

action and made 32 commitments to enhance its engagement in humanitarian action.

5. An overarching priority for OHCHR is to support country-level implementation of

international obligations and recommendations emanating from human rights mechanisms.

Throughout the reporting period, OHCHR continued to work with Governments, national

human rights institutions, civil society and United Nations country teams to develop

common human rights strategies and better align development plans with human rights

recommendations. The adoption of the 2030 Agenda for Sustainable Development has

reinforced the intrinsic connection between human rights and development. Throughout the

world, OHCHR presences worked to gather information on gaps in the realization of human

rights and collaborated with national actors to address them through advocacy, legislative

reform and training.

6. OHCHR increased efforts to strengthen partnerships with regional organizations and

to enhance complementarity between international and regional human rights mechanisms.

In Africa, OHCHR supported the implementation by the African Union of its Human

Rights Strategy for Africa, and worked with the League of Arab States to develop a

regional human rights strategy. Moreover, OHCHR engaged regularly with the Council of

Europe, the Organization for Security and Cooperation in Europe and the European Union,

and engaged with the Association of Southeast Asian Nations on the prevention of violent

extremism. OHCHR also filed amicus briefs or provided expert opinions before the

European Court of Human Rights and the Inter-American Court of Human Rights.

7. The High Commissioner pursued strategies to increase the effectiveness and

efficiency of the Office in delivering its mandate and to expand its donor base, as well as

organizational changes to facilitate better support to Member States, rights holders and

other partners.

II. Thematic priorities of the United Nations High Commissioner for Human Rights

A. Strengthening international human rights mechanisms

1. Treaty bodies

8. During the reporting period,1 OHCHR facilitated the review by treaty bodies of 168

State party reports; the adoption of views and decisions on more than 186 individual

communications; 10 country visits by the Subcommittee on Prevention of Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment; and 1 confidential inquiry

visit. A total of 300 individual communications were registered by treaty bodies. As at 30

November, 1,215 registered communications were pending decision by the respective treaty

bodies and 350 urgent actions were under consideration by the Committee on Enforced

Disappearances. Individuals alleging human rights violations have made widespread use of

treaty bodies, but this must be matched by adequate resources to avoid long delays in acting

on complaints. In July, OHCHR launched a one-year pilot project to webcast the sessions

of all human rights treaty bodies.

9. Under the treaty body capacity-building programme created by the General

Assembly in its resolution 68/268, some 50 activities to assist States were conducted upon

their request. A total of 170 State officials from 77 countries were trained as trainers on

treaty reporting, resulting in the submission of many overdue reports. Furthermore,

pursuant to Human Rights Council resolution 30/25, in which the Council encouraged

States to strengthen national mechanisms to follow up and implement recommendations of

the international human rights mechanisms, OHCHR launched a practical guide and a study

on national mechanisms for reporting to treaty bodies and follow-up.2

1 Benefiting from additional meeting time as a result of General Assembly resolution 68/268.

2 National Mechanisms for Reporting and Follow-Up: A Practical Guide to Effective State Engagement

with International Human Rights Mechanisms (HR/PUB/16/1), available from

www.ohchr.org/Documents/Publications/HR_PUB_16_1_NMRF_PracticalGuide.pdf; and National

Mechanisms for Reporting and Follow-Up: A Study of State Engagement with International Human

10. On 18 July, in the first biennial report to the General Assembly on the status of the

human rights treaty body system pursuant to resolution 68/268 (A/71/118), the Secretary-

General noted that positive steps had been taken towards implementing the resolution but

that greater efforts were needed to harmonize working methods. The review of the treaty

body system mandated by the General Assembly for 2020 will be an important opportunity

to address the profound challenges the system continues to face.

11. Together with the Human Rights Committee and the Committee on Economic,

Social and Cultural Rights, OHCHR led a year-long commemoration of the fiftieth

anniversary of the International Covenant on Civil and Political Rights and the International

Covenant on Economic, Social and Cultural Rights. Events were also held to celebrate the

tenth anniversary of the Convention on the Rights of Persons with Disabilities.

2. Human Rights Council

12. Between September 2015 and November 2016, the Human Rights Council faced an

unprecedented workload, holding 199 meetings, including 28 panel discussions and 52

interactive dialogues with special procedure mandate holders, and adopting 148 resolutions

and decisions. OHCHR continued to support the Independent Commission of Inquiry on

the Syrian Arab Republic and the Commission of Inquiry on human rights in Eritrea. The

Council also invited the High Commissioner to report on the human rights situation in the

Democratic Republic of the Congo as and when appropriate and to dispatch a group of

independent experts to Burundi to investigate violations and abuses of human rights

committed since April 2015. Following the final report of the expert mission

(A/HRC/33/37), the Council, in resolution 33/24, decided to establish a commission of

inquiry on the human rights situation in Burundi.

13. Further to mandates established by the Council, OHCHR completed inquiries and

submitted reports on violations and abuses of human rights against Rohingya Muslims and

other minorities in Myanmar; in countries affected by Boko Haram; and in Iraq and Libya.

Following the report of the OHCHR assessment team on South Sudan and pursuant to

Council resolution 31/20, a three-member Commission on Human Rights in South Sudan

was appointed to monitor, assess and report to the Council at its thirty-fourth session. In its

resolution 31/18, the Council requested the High Commissioner to designate two experts to

support the work of the Special Rapporteur on the situation of human rights in the

Democratic People’s Republic of Korea and to report at the thirty-fourth session.

14. In December 2015 and November 2016, the High Commissioner briefed Member

States on his missions, the challenges presented by global migration and the international

criminal justice system. In June, the Council commemorated its tenth anniversary by

holding a high-level panel discussion with former Council Presidents. OHCHR supported

the eighteenth session of the Working Group on the Right to Development and sessions of

the different forums established by the Council, including the first session of the United

Nations Forum on Human Rights, Democracy and the Rule of Law.

15. The Voluntary Technical Assistance Trust Fund to Support the Participation of

Least Developed Countries and Small Island Developing States in the work of the Human

Rights Council enabled the Council to hold its first universal session in June by facilitating

the participation of 18 delegates. The Trust Fund also launched an e-learning tool on the

Council and its mechanisms.

Rights Mechanisms (HR/PUB/16/1/Add.1), available from

www.ohchr.org/Documents/Publications/HR_PUB_16_1_NMRF_Study.pdf.

3. Universal periodic review

16. All 39 States scheduled for consideration under the universal periodic review in

2016 participated actively in the process, with interactive dialogues focusing on progress

made since the previous cycle. In addition to preparing related documentation, OHCHR

continued to support States scheduled for review, with the Voluntary Fund for Participation

in the Universal Periodic Review facilitating the participation of 32 delegates during the

year. Through its country and regional presences, OHCHR also worked with national

partners to strengthen participation in the process and follow-up in Jordan, Kenya, Kiribati,

the Marshall Islands, the Federated States of Micronesia, Mozambique, Papua New Guinea,

Samoa, Solomon Islands, Timor-Leste and Vanuatu.

17. Pursuant to Human Rights Council resolution 30/25, an intersessional panel on

international cooperation and national human rights follow-up systems was held during the

twenty-sixth session of the Working Group on the Universal Periodic Review,

complemented by “knowledge cafés” organized by OHCHR for States to share national

practices and experiences.

18. The third universal periodic review cycle, which begins in May 2017, will

necessarily focus on strengthening national capacities to implement previous

recommendations. In this context, increased support for the Voluntary Fund for Financial

and Technical Assistance in the Implementation of the Universal Periodic Review is needed

to respond to an increasing number of requests by States for assistance.

4. Special procedures

19. The Human Rights Council created two new thematic special procedure mandates in

2016, for a Special Rapporteur on the right to development (resolution 33/14) and for an

Independent Expert on protection against violence and discrimination based on sexual

orientation and gender identity (resolution 32/2), bringing the total number of mandates

assisted by OHCHR to 57 (43 thematic and 14 country-specific). OHCHR continued to

support mandate holders in their various mandated activities, including 93 country visits to

61 States and territories; 538 communications to 122 States and non-State actors (of which

465 were joint communications), covering at least 6,170 individuals, including 1,183

women; 134 reports to the Human Rights Council and 38 to the General Assembly; and 462

public statements. Supported by OHCHR, the Coordination Committee of Special

Procedures and individual mandate holders participated in the work of the Council,

including in special sessions.

20. The number of standing invitations extended by States (including one observer

State) to the thematic special procedures increased to 118. While pleased with the steady

increase in standing invitations, the High Commissioner emphasizes the need to honour this

commitment in practice.

21. In order to increase accessibility of the human rights mechanisms, OHCHR

launched an online form for submitting information to the special procedures on alleged

human rights violations as well as on relevant legislation, policy and practices.

5. Comprehensive follow-up to the work of the human rights mechanisms

22. As noted above, in 2016 OHCHR launched a practical guide and an accompanying

study on the engagement of States with international human rights mechanisms.

23. OHCHR supported the establishment of national coordination mechanisms for

reporting and follow-up in 26 countries. Technical assistance to create national data

platforms linking recommendations from international human rights mechanisms to

national implementation plans was provided to the Plurinational State of Bolivia, Honduras,

Kenya, Mexico, Paraguay, Samoa, Saudi Arabia, the former Yugoslav Republic of

Macedonia, Uruguay and the State of Palestine. Furthermore, in Mauritius, Saudi Arabia

and Tunisia, the capacity of national actors to use indicators for reporting and follow-up to

the recommendations of mechanisms was strengthened.

24. OHCHR supported the development of national human rights action plans on the

basis of recommendations of the United Nations human rights mechanisms in the

Dominican Republic, the Gambia and Georgia. In collaboration with the United Nations

Office for Disarmament Affairs, OHCHR provided regional training to strengthen the

human rights capacity of diplomats across the Middle East and South-West Asia.

6. Humanitarian funds

25. The United Nations Voluntary Trust Fund on Contemporary Forms of Slavery

supported 25,000 victims through 42 projects in 34 countries. The United Nations

Voluntary Fund for Victims of Torture awarded grants totalling $7.1 million to support

redress and rehabilitation for over 47,000 victims in more than 80 countries, in addition to

emergency grants. Responding to the increasing number of children affected by torture who

are in need of urgent assistance, the Fund convened an expert workshop on redress and

rehabilitation for child victims of torture.

26. The Special Fund established by the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment awarded grants

amounting to $240,000 to support torture prevention projects in seven States parties to the

Optional Protocol.

B. Enhancing equality and countering discrimination

1. Discrimination against migrants

27. In response to the large-scale movements of people during the reporting period as

well as the heightened vulnerability of migrants to discrimination, exploitation and

violence, OHCHR enhanced its focus on the rights of migrants and on countering

xenophobia. It sought to integrate a human rights perspective into the global policy

dialogue on migration, including in the context of the high-level plenary meeting of the

General Assembly on addressing large movements of refugees and migrants. As Co-Chair

of the Global Migration Group Working Group on Migration, Human Rights and Gender,

OHCHR led a multi-stakeholder initiative to develop principles and guidelines, supported

by practical guidance, on the human rights of migrants in vulnerable situations.

28. OHCHR assisted in the development of the TOGETHER campaign launched by the

Secretary-General to confront xenophobia against refugees and other migrants.

Furthermore, OHCHR contributed to regional strategies for the protection of migrants in

the European Union, South-East Asia and the Pacific, including through visits by its staff to

Bulgaria, France, Greece, Italy, Libya, Nauru, Papua New Guinea and the former Yugoslav

Republic of Macedonia.

2. Racism, racial discrimination, xenophobia and related intolerance

29. OHCHR provided support to the Durban follow-up mechanisms, in particular the

Intergovernmental Working Group on the Effective Implementation of the Durban

Declaration and Programme of Action, the Ad Hoc Committee on the Elaboration of

Complementary Standards and the Working Group of experts on people of African descent.

On the fifteenth anniversary of the Durban Declaration and Programme of Action, the

Human Rights Council held a panel discussion on the status of racial discrimination

worldwide, which showed that racism, racial discrimination, xenophobia and related

intolerance were on the rise. The High Commissioner consistently spoke out against these

trends worldwide throughout the reporting period.

30. OHCHR updated its database on practical measures to combat racism, racial

discrimination, xenophobia and related intolerance, a publicly available collection of tools

to support national efforts in this area. 3 OHCHR also engaged on these issues with

authorities, including in a regional seminar for judges from 11 Arab States to facilitate an

exchange of experiences in applying principles of non-discrimination.

3. Discrimination on the basis of indigenous or minority status

31. OHCHR supported capacity-building and policy dialogue between indigenous

peoples, Governments and United Nations agencies to enable indigenous peoples to

influence policies and institutions that affect their livelihoods. In the Democratic Republic

of the Congo, OHCHR engaged with parliamentarians to promote the adoption of a law to

protect the rights of indigenous peoples. In Guatemala, OHCHR facilitated discussions on

the constitutional recognition of indigenous customary jurisdiction and supported the

Attorney General’s Office to improve indigenous peoples’ access to justice.

32. Technical advice was provided to the Government of Peru on consultation rights and

extractive industries; to indigenous peoples in voluntary isolation in Ecuador; and to the

Government of Chile on conducting participatory processes with indigenous peoples in line

with international standards. In response to a child malnutrition crisis within Qom and

Wichi communities in northern Argentina, OHCHR partnered with other United Nations

agencies to conduct a human rights-based investigation. OHCHR supported consultations

by the Government of Kenya with the Endorois indigenous group to develop a county

management plan for their ancestral land at Lake Bogoria, and strengthened its cooperation

with the World Bank at the country level.

33. The United Nations Voluntary Fund for Indigenous Peoples continued to play a

crucial role in facilitating the participation of indigenous representatives in meetings of

human rights mechanisms, including in the consultation process of the General Assembly.

In collaboration with the Commission on Human Rights of the Philippines, OHCHR held a

workshop on the protection of the rights of minorities and indigenous peoples on Mindanao

and advised on the anti-discrimination bill pending before parliament.

34. In Serbia, the Government adopted the OHCHR methodology for consulting with

Roma communities in the development of an action plan on Roma inclusion. OHCHR also

worked with the City of Belgrade to amend rules for village housing allocation to enable

better access by Romani. In Iraq, OHCHR supported the Government to develop a national

action plan to protect minority communities. OHCHR also worked with civil society

organizations to develop future strategies to promote minority rights protection in the

Syrian Arab Republic.

35. The minorities and indigenous fellowship programmes brought 41 advocates from

35 indigenous and minority communities to Geneva to learn about the United Nations

human rights machinery and reinforce their international advocacy skills.

4. Gender equality and womens rights

36. OHCHR deepened its work with legal authorities to enhance women’s access to

justice in Bolivia, Oman, Panama and the United Republic of Tanzania. The Office

provided technical advice on laws related to women’s rights and gender equality in

Cambodia, the Gambia, Honduras, Kyrgyzstan, Liberia, Senegal and Tunisia. It also

3 See http://adsdatabase.ohchr.org/SitePages/Anti-discrimination%20database.aspx.

contributed to strengthening capacities to implement legal and policy frameworks on

women’s rights in Afghanistan.

37. Support was given to develop training materials on judicial gender stereotyping (for

the Council of Europe), femicide (an online course), and sexual and reproductive health and

rights (Reflection Guides). The Office also commissioned a study on the role of the

judiciary in addressing gender stereotypes in cases related to sexual and reproductive health

and rights.

38. OHCHR emphasized the use of a human rights-based approach towards

implementing the Sustainable Development Goals related to women’s rights and gender

equality. For example, it supported efforts by the Ministry of Health of Uganda to integrate

human rights principles into a draft multisectoral strategy to reduce preventable maternal

mortality and morbidity.

39. An improved understanding of sexual and reproductive health and rights was

achieved by convening multi-stakeholder meetings in Costa Rica; holding workshops to

build knowledge and skills in Mexico, the Middle East and West Africa; connecting

activists with human rights mechanisms through webinars in Argentina; conveying the

importance of a human rights-based approach in addressing Zika and sexual and

reproductive health in Honduras; and the wide dissemination of the OHCHR information

series on sexual and reproductive health and rights in Arabic, English, French and Spanish.4

40. Building on the work of the Human Rights Council on child, early and forced

marriage, OHCHR convened an expert group meeting in October to discuss the obstacles to

ending these harmful practices. Through the United Nations Assistance Mission in

Afghanistan (UNAMA), OHCHR collaborated with policewomen, departments of women’s

affairs, religious leaders and provincial governors to promote respect for women’s rights

and a common understanding that certain traditional practices are not only harmful but also

contrary to sharia. In West and Central Africa, Egypt, Lebanon and Tunisia, OHCHR

worked with national partners to promote increased participation of women in elections and

public affairs.

5. Discrimination on the basis of disability

41. During the thirty-first session of the Human Rights Council, OHCHR supported the

annual debate on the rights of persons with disabilities, which focused on persons with

disabilities in situations of risk and humanitarian emergencies.

42. OHCHR continued to assist Governments to implement the Convention on the

Rights of Persons with Disabilities. In Chile, OHCHR supported a regional seminar on

sexual and reproductive rights for persons with disabilities, drawing upon the concluding

observations of the Committee on the Rights of Persons with Disabilities on the topic. This

event led to the establishment of a governmental working group to develop policy

guidelines to advance the issue. In the Gambia and South Africa, OHCHR assisted the

Government to harmonize national laws with the Convention. In Tunisia, following

continuous advocacy by OHCHR, a law was passed in May improving the framework law

on the promotion and protection of persons with disabilities. In Senegal, OHCHR

strengthened the capacity of a coalition of persons with disabilities to engage with

international human rights mechanisms. In Timor-Leste, OHCHR worked within a joint

United Nations agency programme to empower persons with disabilities to counter

discriminatory attitudes towards them.

4 See www.ohchr.org/EN/Issues/Women/WRGS/Pages/HealthRights.aspx.

6. Discrimination on the basis of sexual orientation and gender identity

43. As part of its work to combat discrimination, the OHCHR-led Free and Equal

campaign continued to promote equal rights and fair treatment of lesbian, gay, bisexual,

transgender and intersex persons globally, reaching millions of people through social and

traditional media and through events in Bhutan, Brazil, Cambodia, Cabo Verde, China, Fiji,

Madagascar, Panama, Peru, Senegal, Sri Lanka and Timor-Leste. A micro-campaign

launched in October helped raise awareness of harmful surgery carried out on intersex

children.

44. In November, OHCHR launched the publication Living Free & Equal, which

analyses more than 200 examples of initiatives in 65 countries aimed at protecting

individuals from violence and discrimination based on sexual orientation, gender identity

and intersex status/sex characteristics. The study includes practical guidance and inspiration

for States on the basis of steps taken by national and local governments, courts,

parliaments, national human rights institutions and others.

45. In Senegal, OHCHR supported a space for dialogue with governmental and non-

governmental actors on the human rights of lesbian, gay, bisexual, transgender and intersex

persons. In Cambodia, OHCHR integrated an awareness-raising component on violence

against lesbian, gay, bisexual, transgender and intersex persons as part of the national 16-

day campaign against gender violence in November. In Argentina, a webinar was held with

civil society organizations on gender and the rights of lesbian, gay, bisexual, transgender

and intersex persons to strengthen their capacities to report on and document the human

rights violations they face.

C. Combating impunity and strengthening accountability and the rule of

law

1. Transitional justice

46. Ensuring comprehensive, human rights-based and victim-centred transitional justice

processes remained a priority of OHCHR during the reporting period, including in Burundi,

Colombia, El Salvador, Guinea, Mali, Nepal, Sri Lanka and Tunisia. In Burundi, in close

cooperation with the Special Rapporteur on the promotion of truth, justice, reparation and

guarantees of non-recurrence, OHCHR strengthened human rights and humanitarian law

skills of the members of the Truth and Reconciliation Commission. In Guatemala, OHCHR

observed transitional justice cases and accompanied victims of sexual violence during the

armed conflict to the hearing of their cases. Following the annulment by the Supreme Court

of its amnesty law in July, OHCHR was able to initiate support to the transitional justice

programme of the Government of El Salvador. In Nepal, where an amnesty law for serious

human rights violations committed during the armed conflict remains in force, OHCHR

provided technical guidance to the Government and other stakeholders on amendments

needed for the law to comply with international laws and standards.

47. In relation to past or ongoing conflicts in the Central African Republic, Côte

d’Ivoire, Iraq, Kenya, Mali, South Sudan, the Sudan (Darfur) and the Syrian Arab Republic,

OHCHR conducted capacity-building activities for the establishment of appropriate

transitional justice mechanisms, provided technical assistance on proposed laws and

policies and supported public commemorations. OHCHR also continued to support the

Extraordinary African Chambers in the Senegalese Courts and monitored the trial of

Hissène Habré. In Sri Lanka, OHCHR supported national consultations on establishing

credible, effective and comprehensive transitional justice mechanisms, and provided advice

on domestic screening processes and frameworks for the protection of victims and

witnesses.

48. OHCHR advocated for the voices of victims of sexual violence to inform peace and

reconciliation processes and the development of reparation efforts in Bosnia and

Herzegovina, the Democratic Republic of the Congo, Guatemala, the Sudan (Darfur) and

Tunisia. OHCHR supported the meaningful inclusion of women in peace processes and

reconciliation mechanisms in Afghanistan, Guinea, Libya and Tunisia.

2. Death penalty

49. Following the announcement by a number of countries of their intention to

reintroduce the death penalty, OHCHR stepped up its advocacy on ratification of the

Second Optional Protocol to the International Covenant on Civil and Political Rights

aiming at the abolition of the death penalty. To that end, OHCHR provided technical advice

to the United Nations country teams and/or Governments in Belarus, Botswana, Guatemala,

Indonesia, the Islamic Republic of Iran, Kenya, Malawi, Sri Lanka and Zimbabwe.

OHCHR also continued to promote the rights of individuals facing the death penalty in

States where it is still in use, and launched a publication on the perspectives of victims

towards the death penalty.5

50. In October, OHCHR organized a regional meeting for seven English-speaking

Caribbean States to facilitate discussion on regional challenges to the abolition of the death

penalty. OHCHR also organized an expert forum on steps towards abolition in Kenya and

engaged with the Government of Maldives to urge retention of the long-standing de facto

moratorium on the death penalty.

3. Counter-terrorism and prevention of violent extremism

51. Respect for international human rights law is fundamental to any effort to effectively

counter acts of terrorism and prevent violent extremism that is conducive to acts of

terrorism. In July, the High Commissioner submitted a report on best practices and lessons

learned on how protecting and promoting human rights contribute to preventing and

countering violent extremism (A/HRC/33/29), focusing on community engagement and

empowerment, youth engagement, and preventing and countering violent extremism online.

These messages were an important focus of OHCHR engagement with the Counter-

Terrorism Implementation Task Force.

52. As Co-Chair of the Working Group on Protecting and Promoting Human Rights and

the Rule of Law while Countering Terrorism, OHCHR implemented a capacity-building

project to improve compliance by law enforcement officials with human rights laws and

standards in Iraq, Nigeria and Tunisia. OHCHR engaged in advocacy and capacity-building

on integrating a human rights-based approach to countering terrorism in Iraq, Jordan,

Kenya, Mauritania and Tunisia.

4. Administration of justice and law enforcement

53. OHCHR monitored detention facilities and provided technical advice to

Governments that resulted in improved conditions of detention in Fiji, Senegal, Tunisia,

Vanuatu and Yemen.

54. In Yemen, OHCHR collaborated with other United Nations entities to facilitate the

release of Somali and Ethiopian migrants held without charge. OHCHR also supported the

establishment and strengthening of national preventive mechanisms against torture in

Mauritania, Senegal and Tunisia. It also provided guidance in Mauritius on the

5 Death Penalty and the Victims (United Nations publication, Sales No. E.16.XIV.2). Available from

www.ohchr.org/EN/newyork/Documents/Death-Penalty-and-the-Victims-WEB.pdf.

establishment of an independent police complaints body. In Guatemala, OHCHR worked

with the ombudsman to develop a joint study on pretrial detention.

55. OHCHR provided technical advice and training to law enforcement agencies in Fiji,

Jordan, Kenya, Lebanon, Papua New Guinea, Samoa, the Sudan (Darfur), Thailand, Timor-

Leste and Tunisia on the integration of human rights standards into their work, and engaged

in advocacy towards accountability for serious human rights violations committed by

security forces in Côte d’Ivoire, Kenya and Nepal.

56. Support to strengthen compliance of judicial processes with international human

rights norms and standards was provided to the Ministry of Justice in Mauritania in relation

to the Special Chambers on Slavery, and to judges and prosecutors from Cambodia, Saudi

Arabia and Tunisia. Through the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic, OHCHR continued to support the re-

establishment of a national justice system that functioned in accordance with human rights

law.

D. Integrating human rights in development and the economic sphere

1. Human rights in development

57. In celebration of the thirtieth anniversary of the Declaration on the Right to

Development, OHCHR conducted a series of activities to strengthen the implementation of

the Declaration, including a media campaign, commemorative events and two panels at the

Human Rights Council.

58. As part of its mandate to mainstream human rights in the United Nations system,

OHCHR supported system-wide dialogue on human rights and the Sustainable

Development Goals as well as the development of new guidance on common country

assessments and United Nations Development Assistance Frameworks. OHCHR and the

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

co-led system-wide efforts to place combating inequality and discrimination at the heart of

support to Member States in their implementation of the 2030 Agenda for Sustainable

Development. In addition, OHCHR led efforts to mainstream human rights into United

Nations Development Assistance Frameworks and national development plans in

Botswana, Brazil, Chile, Ecuador, the Gambia, Iraq, Kenya, Kyrgyzstan, Mauritania,

Nepal, Papua New Guinea, Paraguay, Peru, the Republic of Korea, Tunisia, Ukraine,

Uruguay and the State of Palestine.

59. OHCHR engaged with national statisticians in Bangladesh, Chile, Finland, Kenya,

Mauritius, the Republic of Korea and Tunisia to strengthen the integration of human rights

standards into statistical indicators. To that end, the Office published a guidance note to

data collection and disaggregation for measuring achievement of the 2030 Agenda. 6

OHCHR also began developing methodology for compiling indicators on specific

Sustainable Development Goals.

60. The Office made submissions to the social and environmental safeguard review

processes of the Asian Infrastructure Bank, the World Bank and the Dutch Development

Bank, aimed at ensuring that their due diligence and social risk management processes are

consistent with international human rights standards.

6 A Human Rights-Based Approach to Data: Leaving No One Behind in the 2030 Development Agenda.

Available from

www.ohchr.org/Documents/Issues/HRIndicators/GuidanceNoteonApproachtoData.pdf.

61. In the context of the United Nations Framework Convention on Climate Change,

OHCHR was actively engaged in charting a path forward for rights-based and inclusive

climate action that benefits all people. OHCHR also provided inputs to the Nairobi work

programme on impacts, vulnerability and adaptation to climate change, with respect to the

right to health; the Lima Work Programme on Gender; and the Paris Committee on

Capacity-building.

2. Economic, social and cultural rights

62. OHCHR and the 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

actively contributed to integrating human rights into the United Nations Conference on

Housing and Sustainable Urban Development (Habitat III) and its outcome document.

OHCHR also provided technical advice to Governments on land laws, including in

Cambodia, Kenya, Thailand and Timor-Leste, with a view to integrating human rights

principles. In Cambodia, OHCHR supported indigenous communities in the “indigenous

identity registration” process, enabling them to seek formal recognition of their communal

lands to protect them against encroachment by private enterprises and others.

63. OHCHR continued work on an analytical framework for early warning and

economic, social and cultural rights to improve its capacity to respond promptly to

emerging crises.

64. At the sixty-ninth World Health Assembly, OHCHR and the World Health

Organization established a high-level working group of global champions to generate

support for the implementation of human rights measures under the Global Strategy on

Women’s, Children’s and Adolescents’ Health (2016-2030). Participating in the forty-third

session of the Committee on World Food Security in October, OHCHR highlighted the

centrality of human rights in achieving the 2030 Agenda and the need to protect the right to

food in the context of urbanization and rural transformation.

65. In Afghanistan, OHCHR joined other United Nations agencies co-publish a three-

year study titled Education and Healthcare at Risk, on how conflict-related violence,

threats and intimidation by all parties to the conflict in that country have harmed health and

education personnel, reduced the availability of health care and limited children’s access to

essential health and education services.

3. Business and human rights

66. OHCHR sought to ensure responsible business involvement in the 2030 Agenda and

provided support for the implementation of the Guiding Principles on Business and Human

Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework,

including in Cambodia, Chile, Kenya, Morocco, Mozambique, Sierra Leone and Uruguay.

The outcomes of the OHCHR Accountability and Remedy Project were presented to the

Human Rights Council at its thirty-second session (A/HRC/32/19 and Corr.1), with

recommendations to enhance State-based judicial mechanisms to ensure legal

accountability in business-related human rights abuses.

67. OHCHR continued to assist the Working Group on the issue of human rights and

transnational corporations and other business enterprises in developing a legally binding

instrument for those companies concerning human rights. Regional seminars attended by

representatives of Member States and the Working Group were held in Asia (Qatar) and

South America (Argentina). In Mexico, OHCHR provided human rights expertise to the

first national business and human rights plan and facilitated input from civil society

organizations and indigenous communities.

68. In the context of rapidly expanding information and communications technology,

OHCHR conducted a full-day meeting during the thirty-first session of the Human Rights

Council to identify strategies to protect children against sexual exploitation and abuse.

69. In November, OHCHR organized the fifth annual Forum on Business and Human

Rights, highlighting the kind of leadership expected from States and businesses to ensure

protection against human rights abuses. The Forum brought together more than 2,000

participants from 140 countries around a three-day programme, including 70 thematic

panels, making it the largest global multi-stakeholder event on business and human rights

ever held.

E. Widening the democratic space

1. Support to civil society, including human rights defenders

70. In October, the Secretary-General announced that the Assistant Secretary-General

for Human Rights would lead the Organization’s efforts to respond to intimidation and

reprisals against those cooperating with the United Nations on human rights. This important

step followed the raising of serious concerns by the Secretary-General in his report on

reprisals (A/HRC/33/19).

71. In his address to the eighth Dublin Platform for human rights defenders, held in

November, the High Commissioner pledged that his Office would support efforts to keep

civil society space open, including through engagement and assistance by OHCHR country

and regional presences to build capacity at the national level and to strengthen the rule of

law, and through increased advocacy.

72. OHCHR strengthened protection programmes for civil society through direct

monitoring of threats and attacks, provision of technical advice on laws and policies and

advocacy, including in Brazil, the Democratic Republic of the Congo, Guatemala, Kenya,

Mauritania, Myanmar, Thailand, Timor-Leste and Tunisia, as well as in Central America in

collaboration with the Inter-American Commission on Human Rights. Following support

from OHCHR to the authorities of South Kivu Province, a provincial law on the protection

of human rights defenders was adopted in the Democratic Republic of the Congo in

February.

73. With technical support from OHCHR, the independent high authority for

audiovisual communication in Tunisia developed a national barometer for monitoring

incitement to hatred, which OHCHR is replicating in Côte d’Ivoire and Morocco. Ahead of

the presidential elections in the Gambia, OHCHR organized protection training for human

rights defenders. In Thailand, OHCHR continued to support the Ministry of Justice in

establishing a working group on protection of human rights defenders.

74. During the reporting period, OHCHR provided assistance to civil society

organizations to participate in the work of the human rights mechanisms through specific

programmes, including in Bolivia, Honduras, Iraq, Jamaica, Myanmar, the Republic of

Korea, Trinidad and Tobago and Tunisia. The OHCHR practical guide Civil Society Space

and the United Nations Human Rights System was translated into 19 additional languages.

75. The updated Human Rights: A Handbook for Parliamentarians, originally published

in 2005 in acknowledgement of the key role of parliamentarians in the protection of human

rights and democracy, was reissued by OHCHR and the Inter-Parliamentary Union in

October. OHCHR strengthened the role of parliamentarians in Chile and Uruguay to follow

up on recommendations of the United Nations human rights mechanisms. OHCHR also

worked jointly with UN-Women and the Economic Community of West African States to

facilitate increased participation by women in elections held in 14 countries in West and

Central Africa.

76. Pursuant to Human Rights Council resolution 28/14, in November, OHCHR

organized the first United Nations Forum on Human Rights, Democracy and the Rule of

Law, which focused on challenges and opportunities for youth in public decision-making.

The Forum made recommendations to be presented to the Human Rights Council in 2017

for further action, including on creating an environment conducive to youth participation

and increasing youth involvement in policies to prevent violent extremism and in post-

conflict situations.

2. Support to national human rights institutions

77. During the period under review, OHCHR conducted capacity-building activities for

some 50 national human rights institutions worldwide, including in Burundi, the

Democratic Republic of the Congo, Guatemala, Iraq, Mozambique, Niger, Samoa, Saudi

Arabia, the Sudan, Swaziland and Zimbabwe. Regional activities were also held with the

Arab Network of National Human Rights Institutions and the West African States of the

Network of African National Human Rights Institutions.

78. OHCHR also continued to serve as the secretariat of the Global Alliance of National

Human Rights Institutions and its Subcommittee on Accreditation, which reviewed over 30

institutions during the reporting period. In Botswana, the Central African Republic, the

Gambia, Jamaica, Kazakhstan, Kuwait, Lebanon, Lesotho, the Sudan (Darfur), Tajikistan,

Togo and Tunisia, OHCHR supported the establishment or restructuring of national

institutions in accordance with the principles relating to the status of national institutions

for the promotion and protection of human rights (the Paris Principles). In October,

following extensive engagement with OHCHR over several years, the Parliament of

Lebanon adopted a law on the establishment of national institutions.

3. Human rights education and training

79. OHCHR continued to support the implementation of the World Programme for

Human Rights Education by strengthening the capacity of national and international actors

on human rights education and training. In September, OHCHR organized a high-level

panel during the thirty-third session of the Human Rights Council that highlighted the role

of human rights education in addressing discrimination and violent extremism and in

achieving the 2030 Agenda.

80. With OHCHR support, Laikipia University in Kenya introduced a compulsory

human rights course for all undergraduates and has trained over 2,000 students to date. In

Senegal, OHCHR hosted a summer human rights programme including short films, student

clubs and debates to raise awareness on human rights among thousands of young people

and encourage them to be involved with development issues. In Bolivia, OHCHR supported

the creation of a specialized and permanent curriculum on gender-based violence in the

school of judges in Sucre. In the Russian Federation, nine human rights master’s degree

programmes were established in five regions, together with a website with e-learning tools

to ensure widespread access.

F. Early warning and protection of human rights in situations of conflict,

violence and insecurity

1. Human rights, peace and security

81. OHCHR made concerted efforts to integrate the principles of human rights

protection into United Nations efforts towards peace and security. During the reporting

period, OHCHR technical and field expertise informed several briefings to the Security

Council. OHCHR also continued to work closely with the Department of Peacekeeping

Operations and the Department of Political Affairs to ensure that human rights were a

central focus for peace operations. To that end, OHCHR collaborated on the design of

predeployment human rights training for police and military personnel designated for

peacekeeping missions and contributed to predeployment human rights screening of

proposed military personnel under the human rights screening policy.

82. In the Central African Republic, Mali and Somalia, OHCHR worked closely with

the two departments on consolidating protection functions to enhance the promotion and

protection of all human rights, with a particular focus on conflict-related sexual violence

and grave violations against children. In Burundi, OHCHR ensured that the African Union

human rights observers had the required skills to carry out their mandate. In Sri Lanka,

OHCHR advised the Government on the establishment of a domestic screening process for

personnel identified for deployment to United Nations peacekeeping operations.

83. Securing coordinated and increased protection of civilians in conflicts remained a

priority for OHCHR. In addition to monitoring and reporting on civilian casualties, the

Human Rights Unit of UNAMA continued to provide technical input to the Government on

civilian casualty mitigation. The Human Rights Office of the United Nations Assistance

Mission for Iraq continued to advocate with the Government on protection of civilians and

standards for military conduct. Responding to the ongoing conflict in Yemen, OHCHR

deployed human rights field monitors to support comprehensive monitoring and

documentation of civilian casualties, targeting of civilian infrastructure, use of child

soldiers and other human rights violations. The human rights monitoring mission in

Ukraine produced four quarterly reports documenting civilian casualties and violations and

abuses against civilians, as well as a specific report on accountability for killings.

84. OHCHR continued to provide advice to United Nations missions and country teams

on the implementation of the human rights due diligence policy in the Central African

Republic, the Democratic Republic of the Congo, Liberia, Nepal, Pakistan, South Sudan,

the Sudan (Darfur) and Somalia.

2. Emergency response and early warning

85. During the reporting period, the contingency fund and the internal rapid deployment

roster were used to deploy teams to the State of Palestine, to support the OHCHR office in

the framework of an upsurge of violence; to the Congo, to monitor human rights in the

context of political instability; to support OHCHR migration monitoring missions in several

countries of Europe; and to the Gambia, to monitor human rights in the context of the

presidential elections. OHCHR also employed its emergency capacity for remote

monitoring in Turkey as deployment to the country was not possible.

86. In the context of the Human Rights Up Front initiative, OHCHR began development

of a common United Nations information management system for recording violations and

threats to populations, with the support of the Deputy Secretary-General.

3. Sexual and gender-based violence, trafficking and related exploitation

87. The Office continued to promote a human rights-based approach to addressing

trafficking in persons at the national and international levels. To that end, OHCHR

provided technical and capacity-building to States and civil society, including within the

framework of the Sustainable Development Goals and as the Chair of the Inter-Agency

Coordination Group against Trafficking in Persons. In partnership with the United Nations

Disarmament Commission, OHCHR increased skills among national human rights

institutions in the Arab region to combat trafficking.

88. In the Democratic Republic of the Congo, 10 legal clinics supported by OHCHR

provided legal advice to 249 victims of sexual violence and judicial assistance to 153

victims. Further support provided to judicial authorities led to the conviction of 22

perpetrators of sexual violence. As co-lead of the Team of Experts on the Rule of Law and

Sexual Violence in Conflict, OHCHR continued to provide technical assistance to national

authorities, including in Colombia, Côte d’Ivoire, the Democratic Republic of the Congo

and Guinea, to fight impunity for conflict-related sexual violence.

89. In the Syrian Arab Republic, OHCHR continued to focus on strengthening the skills

of civil society to monitor and document sexual and gender-based violence. In collaboration

with UNAMA, OHCHR facilitated national discussions with women peace activists on

violent extremism and conducted monitoring, documentation and advocacy on violence

against women. In Bolivia, OHCHR provided technical assistance for implementing the law

on violence against women, including designing a comprehensive prevention system in

collaboration with the vice-ministry of equal opportunities. In Argentina, Bolivia and

Panama, OHCHR provided capacity-building support to State institutions for the national

adoption and use of international human rights laws and standards in the investigation of

gender-related killings of women.

90. Responding to cases of sexual violence and exploitation by United Nations staff and

international peacekeepers, OHCHR advocated for the centrality of human rights to ensure

a focus on protection, support to victims, accountability and the underlying factors that

expose victims to sexual exploitation, including poverty, inequality, discrimination and a

lack of legal remedy. OHCHR actively engaged in following up on recommendations of the

Independent Review on Sexual Exploitation and Abuse by International Peacekeeping

Forces in the Central African Republic. 7 OHCHR advised the Special Coordinator on

Improving the United Nations Response to Sexual Exploitation and Abuse on legal issues

arising from the recommendations and co-led a mapping of existing policies,

responsibilities and responses to information sharing and handling of allegations.

4. Humanitarian action

91. OHCHR continued to advocate for the protection of the rights of persons affected by

humanitarian crises — complex emergencies, disasters and pandemics — to be at the centre

of preparedness and response. These were among the key messages communicated by

OHCHR at the World Humanitarian Summit.

92. In the spirit of the Human Rights Up Front plan of action, OHCHR actively engaged

in United Nations efforts to prevent and respond to violations and ensure respect for

international human rights and humanitarian law in crisis settings. Human rights

considerations were increasingly brought to the centre of Inter-Agency Standing Committee

meetings and a Standing Committee policy on protection, co-developed by OHCHR, was

endorsed during the reporting period.

7 “Taking action on sexual exploitation and abuse by peacekeepers”, 17 December 2015.

93. At the country level, OHCHR continued to integrate human rights into the overall

efforts of protection clusters, humanitarian country teams and humanitarian coordinators.

The Deputy High Commissioner for Human Rights participated in the annual humanitarian

coordinators retreat, and OHCHR maintained deployment of three staff members to advise

the regional and country-level humanitarian leadership in relation to the crisis in the Syrian

Arab Republic. OHCHR is a member of the humanitarian country team in Ukraine;

continued to lead the protection cluster in the State of Palestine; and participated in the

work of protection clusters or working groups in El Salvador, Haiti, Iraq, Myanmar,

Panama, Papua New Guinea, Timor-Leste, Ukraine and Yemen, as well as in the Pacific

region. The Office also provided support to national partners in the context of humanitarian

action, for example the Direction de la protection civile in Haiti, and promoted the

involvement of human rights defenders in humanitarian action. During the reporting period,

the Central Emergency Response Fund supported OHCHR engagement in Burundi.

III. Management and administration

94. The High Commissioner’s organizational change initiative, detailed in the report of

the Secretary-General on the proposed regional restructuring of OHCHR (A/71/218 and

Corr.1), aims at improving the effectiveness and efficiency with which OHCHR carries out

the mandate contained in General Assembly resolution 48/141 and in implementing

programme 20 (Human rights) of the biennial programme plan. The initiative would bring

OHCHR closer to Member States and other regional and national stakeholders by

strengthening six existing OHCHR regional offices and establishing two new regional

offices, one for Eastern Europe and Central Asia and another for North America and the

English-speaking Caribbean. A number of functions currently performed at headquarters

will move to the regional level.

95. Following discussions at its seventy-first session, the General Assembly has

deferred consideration of the report on the proposed regional restructuring of OHCHR to

the main part of its seventy-second session. If approved, the initiative will be implemented

within existing resources, as changes will be funded by savings from the move of posts and

related resources, both regular budget and extrabudgetary, to lower-cost duty stations.

Additional savings from salaries and travel will be reallocated to further increase technical

cooperation activities.

IV. Conclusions

96. Confronted by chronic and emerging challenges, the United Nations High

Commissioner for Human Rights and his Office have reinforced the fundamental role

of human rights at the core of responses to global crises. During the reporting period,

OHCHR worked towards building common approaches grounded in international

human rights principles with partners at all levels, to ensure sustainable protection

for rights holders worldwide, including in the contexts of conflict, migration and

development. As noted in the present report and previous reports of the High

Commissioner to the Human Rights Council and the General Assembly, OHCHR

requires adequate resources to fulfil its mandate as well as the expectations of

Member States and other stakeholders.

97. Important milestones were celebrated during the reporting period, including

the fiftieth anniversary of the International Covenants on Civil and Political Rights

and on Economic, Social and Cultural Rights; the tenth anniversary of the

Convention on the Rights of Persons with Disabilities; the thirtieth anniversary of the

Declaration on the Right to Development; and the tenth anniversary of the Human

Rights Council. These milestones symbolize the lasting and ever-increasing value of

international human rights law and standards anchored in the principle of human

dignity. Nevertheless, large parts of these instruments await full acceptance and

implementation by all States.

98. It is encouraging that structures to protect and promote human rights at the

national level have generally improved. Many Member States have established

national mechanisms for comprehensive reporting and follow-up to the

recommendations of the international human rights mechanisms and have worked

with United Nations country teams to better align their development assistance plans

to human rights principles. The 2030 Agenda for Sustainable Development provides a

new, multidisciplinary framework to pull the most vulnerable out of poverty and

create greater well-being. Implementing the 2030 Agenda through a human rights-

based approach is essential to fully realize these goals. It will require sustained

cooperation between Member States and other international partners to effectively

ensure that no one is left behind.

99. In the commitments made at the World Humanitarian Summit and the high-

level plenary meeting of the General Assembly on addressing large movements of

refugees and migrants, States recognized the centrality of human rights to the many

challenges facing the world today. It is fundamental to build upon this positive

momentum to ensure that the promises of these initiatives are fulfilled and that

national and international responses to crises result in greater human rights

protection for all.