34/74 Report of the Chair of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights
Document Type: Final Report
Date: 2017 Jan
Session: 34th Regular Session (2017 Feb)
Agenda Item: Item10: Technical assistance and capacity-building
GE.17-00830(E)
Human Rights Council Thirty-fourth session
27 February-24 March 2017
Agenda item 10
Technical assistance and capacity-building
Report of the Chair of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights*
Summary
The present report is submitted pursuant to Human Rights Council resolution 18/18,
in which the Council invited the Chair of the Board of Trustees of the United Nations
Voluntary Fund for Technical Cooperation in the Field of Human Rights to present a
comprehensive report on the Board’s work on an annual basis, starting from the twentieth
session of the Council. Pursuant to Council resolution 33/28, the present report is submitted
to the Council at its thirty-fourth session, in March 2017, instead of at its June session, as
originally requested by the Council in resolution 18/18. It provides an update on the work
of the Board of Trustees of the Fund since the previous report of the Chair of the Board
(A/HRC/32/51).
* The annexes to the present report are circulated as received.
Contents
Page
I. Introduction ...................................................................................................................................... 3
A. Background .............................................................................................................................. 3
B. Mandate ................................................................................................................................... 3
II. Activities of the Voluntary Fund and the Board of Trustees ............................................................ 4
A. Forty-third session (Guatemala) .............................................................................................. 5
B. Forty-third session (general) ................................................................................................... 8
III. Technical cooperation ...................................................................................................................... 9
A. Technical cooperation to support implementation of and follow-up on recommendations by
human rights mechanisms ....................................................................................................... 9
B. Synergy and partnerships with other United Nations entities .................................................. 13
C. Measuring results of technical cooperation, and the response of the Office of
the High Commissioner .......................................................................................................... 13
D. Main findings, challenges and recommendations .................................................................... 13
IV. Status of funding and donors ............................................................................................................ 14
Annexes
I. Contributions to the Voluntary Fund and expenditure trends (2008-2016) ...................................... 16
II. Voluntary Fund cost plan and expenditure (2016) ........................................................................... 17
III. Financial status of the Voluntary Fund (2016) ................................................................................. 18
IV. Donors and contributors (2016) ....................................................................................................... 19
I. Introduction
A. Background
1. The United Nations Voluntary Fund for Technical Cooperation in the Field of
Human Rights, established by the Commission on Human Rights in its resolution 1987/38,
receives voluntary contributions from Governments, organizations and individuals. The
objective of the Fund is to provide financial support for technical cooperation aimed at
building and strengthening national and regional institutions, legal frameworks and
infrastructures that will have a positive long-term impact on the implementation of
international human rights standards.
2. The Board of Trustees has been operational since 1993 and its members are
appointed by the Secretary-General for a three-year renewable term. The mandate of the
Board is to assist the Secretary-General in streamlining and rationalizing the working
methods and procedures of the technical cooperation programme. It meets twice a year and
reports on its work to the Secretary-General and the Human Rights Council. Its current
members are Mariclaire Acosta Urquidi (Mexico), Christopher Sidoti (Australia), Lin Lim
(Malaysia), Esi Sutherland-Addy (Ghana) and Ilze Brands Kehris (Latvia). The Board
elected Mr. Sidoti as Chair from 30 June 2016 until 30 June 2017.
B. Mandate
3. Throughout the period under review, the Board continued to provide advice on
policy and strategic orientation of the technical cooperation components of the Office of the
United Nations High Commissioner for Human Rights (OHCHR), notably through its
continuing visits to field presences and discussions with all partners. This refocused
approach, agreed upon by the Board of Trustees and presented in 2011 to Member States in
the annual report of the Secretary-General to the Human Rights Council (A/HRC/16/66),
has proved to be particularly useful and appreciated by the Office and its partners with
whom Board members have met during its visits.
4. As constituent members also of the Board of Trustees for the Voluntary Fund for
Financial and Technical Assistance in the Implementation of the Universal Periodic
Review, the Board continued to provide OHCHR with policy guidance in order to
maximize the effectiveness of technical assistance and financial support for States in
implementing recommendations of the universal periodic review and other international
mechanisms at the State level (see A/HRC/32/28). The Board was informed on the 29
projects supported in 2016 by the Voluntary Fund for Financial and Technical Assistance in
the Implementation of the Universal Periodic Review to assist States in establishing and/or
strengthening inter-institutional bodies, designing a plan of action for implementation
and/or mainstreaming the recommendations made by international human rights
mechanisms into national human rights plans of action, implementing key priority human
rights recommendations contained in the said plan for implementation, as well as providing
support in the context of common country assessments and United Nations Development
Assistance Frameworks. The latter support was provided mainly by embedding universal
periodic review focal points or advisers to the offices of Resident Coordinators in a number
of States.
5. The Board supports the Office as it continues to build on the synergies and
complementarities of the two funds, improving their coordination and cooperation, and
thereby maximizing their impact. From experience observed in recent years, the Board
considers that one area with great impact potential is the full integration of accepted
recommendations as an integral part of United Nations programme tools on the ground,
such as the United Nations Development Assistance Frameworks. The decision made by
the Office to share thematically clustered recommendations with all Resident Coordinators
was welcomed by the Board. As explained by many United Nations actors who met with
the Board, this has certainly contributed to more coherent and effective work of the United
Nations on the ground. The Board is of the view that, to ensure the coherent
implementation of recommendations made by international human rights mechanisms,
follow-up with relevant United Nations agencies is vital, in particular when making
common country assessments and subsequent United Nations Development Assistance
Frameworks, ensuring that any new training in-country includes the said recommendations
as the basis for the analysis and definition of outcomes, as well as in the development of the
“theory of change”.
6. At its two annual sessions, both in Geneva and in countries where OHCHR has a
field presence, the Board, together with the Office and all partners, observes and assesses
the relevance of technical cooperation programmes, partnerships and the effectiveness of
outcomes. The Board always strives to attain a balance in field visits so that they are not
limited to those fully funded by the Voluntary Fund for Technical Cooperation, in view of
the extension of the Board’s mandate to provide overall policy advice broadly on technical
cooperation. The Board gathers information on the situation on the ground, the relevance of
the programmes requested and proposed, the efficiency and effectiveness of programme
delivery in meetings and discussions that it holds with Office management and staff,
government officials and State institutions, civil society organizations and specific groups
that benefit from the programmes offered by the Office and the United Nations. The
information obtained is invaluable for understanding the impact and sustainability of results
achieved by technical cooperation.
7. The financial support for OHCHR programmes is not at the required levels to meet
needs on the ground; in fact, the funds received through the Voluntary Fund for Technical
Cooperation continue to shrink. Briefings on and an analysis of the financial and
programmatic elements governing the two funds are becoming more critical than ever. The
Board continues to provide advice to OHCHR and its senior management on possible ways
to maximize the various complementarities of the two funds, while providing at the same
time support for fundraising efforts. As OHCHR will soon be preparing its four-year plan,
the Board will provide it with an overview of its main findings during the field sessions and
information on the opportunities and ways to strengthen its thematic focus under the
Office’s technical cooperation programmes.
8. In its resolution 33/28, the Human Rights Council invited the Chair of the Board of
Trustees of the Voluntary Fund for Technical Cooperation to present the next annual report
on the Board’s work to the Council at its thirty-fourth session, and subsequently on an
annual basis at the March session of the Council, rather than at its June session, as
originally requested by the Council inits resolution 18/18. The change will facilitate
coordination of the session of the Board in Geneva with that of the Council. It is for this
reason that the present report covers only the forty-third session of the Board, in its capacity
relating to the Voluntary Fund for Technical Cooperation, held in Guatemala in October
2016.
II. Activities of the Voluntary Fund and the Board of Trustees
9. The Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field
of Human Rights held its forty-third session in Guatemala from 10 to 14 October 2016. The
session was chaired by Christopher Sidoti, who had been elected Chair of the Board of
Trustees at its forty-second session. All five members of the Board attended the session.
A. Forty-third session (Guatemala)
10. In accordance with the Board’s practice of holding one of its two meetings each year
in a State where OHCHR has a field presence, the forty-third session was held in
Guatemala. The main purpose of the visit, as in the case of previous visits to the field, was
to gather in situ observations of the role and added value of OHCHR on the ground and to
increase its understanding of the type of technical cooperation that OHCHR provides, and
to give relevant guidance. The Board took the opportunity of the visit to Guatemala to meet
in person with the OHCHR regional representative for Central America based in Panama
City and the Deputy Director of the OHCHR country office in Colombia and, by video-
conference, with the OHCHR representative for South America, based in Santiago, the
OHCHR representatives for the country offices in Honduras and the Plurinational State of
Bolivia, and the Human Rights Advisers in Paraguay and Jamaica.
11. The holding of the session in Guatemala provided the Board with an excellent
opportunity to observe first-hand the type of technical cooperation that OHCHR is best
placed to offer, starting with and based upon its monitoring role. Using its technical
expertise and close interactions with actors on the ground, the Office gathers evidence-
based information and credible, validated data on the human rights situation and challenges.
It subsequently designs appropriate responses and suggests programmes to key partners on
the basis of that information. The work of the Office in ensuring the integration of all
rights, including civil, cultural, economic, political and social rights, is very effective. It
strives to address the most serious human rights issues, including the most complex. The
Board has observed interaction with partners in several of its previous field visits,
particularly in Cambodia. The Board learned of the interaction made possible in Colombia
during discussions with the representative of the Country Office in Colombia. The approach
taken in Guatemala and in other country offices should be more widely known; the lessons
learned from their experience should be applied in the establishment and strengthening of
the work in all country offices.
12. In Guatemala, the Board held discussions with the staff members of the country
office and with various national authorities, including the Ombudsman (Procurador de los
Derechos Humanos), the Presidential Commission on Human Rights, the Attorney General,
the President of the Supreme Court, the President of the Constitutional Court, and with
United Nations partners and civil society bodies, including indigenous and Afrodescendent
organizations. The discussions focused on the OHCHR programme in the country, its
relevance and its impact. The Board also visited Rabinal in Baja Verapaz, and met with the
Chixoy representatives.
13. The visit to Guatemala once again demonstrated that, when the Office is given the
opportunity to use strategically the full mandate of the High Commissioner to support to the
country’s human rights efforts, the results are tangible and sustainable, and the Office is
accepted as a key, reliable partner. The Board has already expressed this view to the Human
Rights Council, and will continue to provide examples in its annual reports and
presentations so as to ensure a better understanding of the type of technical cooperation that
the Office is best placed to offer and provide. The value of the work of the Guatemala
office was emphasized by all counterparts in country, including State institutions, civil
society and members of the United Nations and the international community with whom the
Board met.
14. The physical presence of its Office in Guatemala has enabled OHCHR to add the
value of its unique mandate and to engage actively with all partners in the country. The
added value is particularly evident in the space provided by the Office to human rights
defenders, journalists and the victims of human rights violations. The Board met with many
representatives of these groups, including indigenous peoples (in particular the women
beneficiaries of the Maya programme, the Office’s strategic litigation programme), who
many times expressed their appreciation for the capacity-building and accompanying role
that the Office provides them in the defence of their rights. OHCHR legal literacy training
programmes have resulted in them being able to promote and protect their own rights more
effectively. The Maya programme of strategic litigation is a unique example of the
programmes offered by the Office with landmark results, also in legislative reform and
State policy and practice.
15. The Board was particularly pleased with the interactions of the OHCHR Guatemala
Office with duty-bearers in all sectors, and in particular with the justice system. The
information gathered at the meetings held with the Presidents of the Constitutional Court
and the Supreme Court of Justice, the Ombudsman, the Attorney General and the President
of the Presidential Commission on Human Rights highlighted how closely the Office was
working with them and the tangible results attained in legal and constitutional reforms
promoting human rights. In recent years, the Office has managed skilfully and effectively to
maintain a delicate balance between advocacy on sensitive human rights issues, including
in regard to transitional justice matters, and good, influential relations with the authorities.
The cooperation and trust that the Office has managed to nurture with the Ombudsman and
the courts have played a key role in ensuring, in difficult times, the persistence and
coherence of messages, in full conformity with the State’s international obligations. As a
result of these strategic initiatives and proactive, constructive engagement, the Office today
enjoys a high degree of credibility and trust among all partners and human rights defenders
and victims.
16. The Office plays an important convening role and provides a trusted space for
dialogue, by also creating channels of participation. This was particularly expressed by the
indigenous community leaders with whom the Board met. The issue of participation and the
need for improving it is a key one in the work of the Office, in particular in a context where
participation often seems reduced to the right to prior consultation. In view of the trust
gained from all actors, the Office also plays a critical role as facilitator of participation.
17. One of the greatest achievements of the Office in Guatemala is precisely its support
for victims, in particularly but not only through the Maya programme, and also for State
capacity-building efforts for the protection of human rights. This is an important area of
work for OHCHR. The programme has been the subject of several audits and evaluations,
which have endorsed its relevance and effectiveness. Indeed, the Board believes that the
achievements of the Maya programme have been made possible by the overall work of the
Office in a number of fields. In this context, it is convinced that OHCHR as a whole and its
field presences generally would benefit from incorporating the experience of the Guatemala
Office into its core work components, as an integral part of its key technical cooperation
toolbox. The programme has in fact probably been the best practical demonstration of what
is often referred to as the “theory of change”.
18. The Board particularly welcomes the priority that the Country Office has afforded to
the human rights issues of indigenous peoples in Guatemala, and how it has built on the
recommendations made by human rights mechanisms and the special procedures following
their country visits. The Board observed first-hand the partnership with indigenous
representatives and found the Office’s programmes and priorities appropriate and
necessary. In addition, the Board was informed on the human rights issues that the
population of Afrodescendants face, and considered that it was now timely and appropriate
to accord higher priority to their situation, especially in the context of the International
Decade for People of African Descent. The composition of the Office reflects the variety of
Guatemalan society, an element that certainly plays an important role in the relevance,
efficiency and effectiveness of its programmes.
19. The Board was as struck by the challenges ahead as by what has been achieved in
the country to date. In the continuing context of crisis and a huge reform agenda, the
progress that has been made should be sustained, and new challenges met and addressed.
Several groups expressed their concern that, without continued support from the Office,
there was a real risk of backsliding. The Board shares these concerns, and is of the view
that the commitment to Guatemala and the strategy and modes of operation of the Office
should be maintained and further strengthened. Some of the challenges remaining relate to
transitional justice in Guatemala. While the Board was pleased to learn of the positive
developments with regard to transitional justice, it also became aware of the technical
support still required and how far there is to go before the national objectives of justice can
be achieved. High expectations have been placed on the Office and the important role it
should continue to play in this key area, where thematic expertise should be boosted,
possibly by strengthening the support currently available.
20. In Guatemala, the Board was able to obtain a deeper insight into the importance and
relevance of its mandate relating to both the Voluntary Fund for Technical Cooperation and
the Voluntary Fund for Financial and Technical Assistance in the Implementation of the
Universal Periodic Review. During its meetings and in discussions held with other OHCHR
representatives during the session, the Board noted that, although Guatemala is not
currently a recipient of the latter fund, the implementation of review recommendations was
a fully integrated aspect of the programmes offered by the Office, as was work related to
implementation of the recommendations made by other human rights mechanisms. OHCHR
is clearly better placed to provide expert technical assistance in this regard.
21. The Board was informed by several United Nations agencies and programmes
operating in Guatemala on how they relied on the information provided by the country
office and on advice concerning international human rights standards, in order to ensure full
compliance in supporting the State’s efforts to fulfil its international human rights
obligations. The role of OHCHR in United Nations country teams, and particularly in
developing and implementing the human rights-based United Nations programmatic tools,
such as the United Nations Development Assistance Framework, is now more significant
than ever in the light of the 2030 Agenda for Sustainable Development. In a country like
Guatemala, where overcoming discrimination and exclusion continues to feature
prominently in all national and United Nations efforts, leaving no one behind while
ensuring full respect of human rights is an inevitable responsibility. The Office is seen as
the expert point of reference and the main facilitator in this important endeavour with all
key partners in the country.
22. The human rights impact and implications of business activities, and in particular the
challenges involved in ensuring mechanisms for informed and meaningful consultations
with affected local communities prior to any approval of a development project, including
in particular marginalized and disadvantaged persons, are issues of particular relevance to
the Board. This is an area where systematic documentation and the sharing of good
practices across countries, and even globally, are of crucial importance in order to continue
to provide effective technical cooperation support on the ground. In several of the countries
it visited, the Board was informed on the role that the Office could play, and is expected to
play, in supporting meaningful consultation processes, in particular in relation to
development projects. The Office has, in general, managed to advance its capacities in
providing guidance on development, for example on land-related issues (relying also on the
experience of the country office in Cambodia). In the next programming cycle, it would be
worth investing, with other relevant partners, such as the International Labour Organization
and the United Nations Development Programme, in the assembly of good practices and in
providing evidence-based assistance in consultations with indigenous peoples and also in
helping businesses to fulfil their human rights responsibilities more effectively.
B. Forty-third session (general)
23. The Board took the opportunity of its session in Guatemala to connect and learn
about the programmes of OHCHR other presences in the region; to take stock on the
implementation of the programmes supported by the Voluntary Fund for Technical
Cooperation; to develop its future programme of work, and to discuss matters relating to its
responsibilities under the Voluntary Fund for Financial and Technical Assistance in the
Implementation of the Universal Periodic Review. During the meeting, Christopher Sidoti
formally assumed his role as elected Chair, to succeed Lin Lim.
24. Representatives of OHCHR presences in Colombia, Honduras and the Plurinational
State of Bolivia, of the regional offices in Panama and Chile, and the Human Rights
Advisers in Paraguay and Jamaica met with the Board personally or via videoconference to
discuss their experiences in the area of technical cooperation in the region. After its
discussions, the Board concluded that that investing in sharing experiences and expertise
within the region would certainly be extremely beneficial to the work of OHCHR, for
example in furthering the programme in newly established presences, such as in Honduras.
The mandate of the Office in Honduras provides an excellent basis on which to make the
most effective use of the full toolbox of the Office, its added value and expertise for the
promotion and protection of human rights. In the view of the Board, the ability shown by
the Office in adjusting its initial plans and programmes to the results of its information-
gathering, in order to offer the quality support and products most relevant to the current
situation in the country and the human rights challenges ahead, was exemplary.
25. The Board was particularly impressed by the experiences shared and discussed with
members of the country office in Colombia, where so much has been accomplished in
difficult circumstances. Challenges continue in the rapidly evolving environment. The
discussions with the office were held at a critical time: soon after the signing – and
subsequent narrow rejection in a referendum – of the national peace agreement; and when
the renewal of the mandate of the country office was under discussion.1 The Board was
briefed in particular on the office’s programmes on addressing violence, militarization, and
respect and protection of human rights; the situation of human rights defenders; inequalities
and efforts to support the rights of victims; and the fight against impunity. The Board found
that the discussions on the work of the Office and support for national efforts to ensure
investigations and prosecutions for extrajudicial executions carried out to inflate combat
kill statistics (known as falsos positivos) were particularly relevant. It greatly appreciated
the concrete examples of results illustrating the use of evidence-gathering (collecting
evidence-based information and validating credible data) through monitoring work and
close interaction with all relevant actors. Such examples are important for the design of
appropriate responses and for proposing programmes and technical support to key partners
on the basis of verified information. The quality of the information provided and the
office’s partnerships strategy, which focuses on maximizing the impact and visibility of its
programmes, deserve full recognition and further support in the current context.
26. The work of regional offices in the area of technical cooperation was discussed at
length with the two regional representatives. In the context of the High Commissioner’s
Change Initiative and the universality of human rights obligations, the Board strongly hopes
for the future development of the capacity and reach of regional offices, in particular the
specific thematic expertise required in each region. For example, one of the experiences
shared by the regional office for South America in Santiago, regarding the deployment of
1 The peace agreement was subsequently amended and approved by the Congress. The mandate of the
country office was renewed until 31 October 2019.
very specific expertise to support the work of United Nations country teams, very effective.
Through its national human rights focal points in Argentina, Brazil, Chile, Ecuador, Peru
and Uruguay, and through close collaboration with Resident Coordinators, the regional
office has advanced human rights mainstreaming considerably, and in particular the
mainstreaming of anti-discrimination standards within the said country teams. The regional
office systematically provides technical advice on human rights standards in all activities
carried out by the country teams in the region, leading to greater increased openness and
understanding of human rights. The preparations for the forthcoming OHCHR
programming cycle for 2018-2021 could be an excellent opportunity to develop further and
renew the roles of regional settings, with strengthened capacity in providing direct support
to partners in the region and in relationships with other presences.
27. The Board was briefed by the secretariat on the status of implementation of the
workplan and cost plan for the Voluntary Fund for Technical Cooperation. At the Geneva
meeting, held earlier in 2016, the Board had reviewed in detail the programmes covered by
the Voluntary Fund. It endorsed the status of implementation and noted the possible
changes in the workplan for 2017, including the possible closing of some offices, in
particular the end of the mission in Côte d’Ivoire and the downsizing of the office in the
Russian Federation.
28. The Board proposed that its first session in 2017 be held in Geneva in March, and
that the next field session, to be held in October 2017, should be to a country office or
regional office in the Middle East, a region the Board has not yet visited.
III. Technical cooperation
A. Technical cooperation to support implementation of and follow-up on
recommendations by human rights mechanisms
29. In recent years, the Board has brought to the attention of the Human Rights Council
a number of components for effective technical cooperation by OHCHR that have become
evident in its experience of overseeing the management of the Voluntary Fund. The Board,
through its reports and presentations to the Council, has already elaborated on the
importance of (a) anchoring technical cooperation to the universality and indivisibility of
all human rights, including both protection and promotion aspects; (b) building and
strengthening national frameworks and institutions in the field of human rights through
technical cooperation and advisory services; (c) partnerships with United Nations entities
on the ground; (d) technical cooperation programmes ensuring the broadest possible
participation of all elements of national societies; and (e) effective technical cooperation
reflecting national development objectives.
30. The Board continues to elaborate on the main elements of the above-mentioned
components, building on its experience gained at its sessions in Geneva and in the field.
The advice and guidance provided have been beneficial for supporting OHCHR in the
implementation and development of the technical cooperation aspects of its programme for
2014‒2017, and were also noted as relevant by several Member States during the annual
thematic discussions on technical cooperation and the annual presentations of the report of
the Chair of the Board to the Human Rights Council. In the present report, the Board
elaborates on its view that, to be effective, technical cooperation in the field of human
rights should be based upon and support implementation of and follow-up to the
recommendations made by international human rights mechanisms, such as human rights
treaty monitoring bodies, the universal periodic review and the special procedures of the
Council.
31. The existing international human rights standards and protection framework defines
the fundamental human rights norms that everyone should respect and protect. The
framework has evolved substantially since the adoption of the Universal Declaration of
Human Rights in 1948, through new treaties and new human rights mechanisms. To be
effective, technical cooperation programmes in the field of human rights should be
therefore solidly based on this international framework so as to ensure implementation of
the acquired obligations by duty-bearers through capacity-building and strengthening, and
also by empowering rights-holders to claim their rights.
32. The Board considers that, for technical cooperation in the field of human rights to
have effective results that are sustainable for the promotion and protection of human rights,
it should be aimed at translating into reality the obligations and commitments of Member
States within the international human rights legal framework. Member States rightly face
increasing requirements and expectations when implementing their treaty obligations, and
also with regard to the result of their engagement with international and regional
mechanisms and the recommendations of the international mechanisms. Reporting
obligations under the international human rights system have also been increasing met as a
result of the strengthened system following the treaties that have entered into force over the
past decade.
33. At its field sessions, the Board has been able to observe how the technical support
provided by OHCHR for legislative and policy development and reform, and for capacity-
building for rights holders and civil society, is in practical terms informed and based on
standards and recommendations. In the different countries visited by the Board, the
members confirmed that a human rights-based approach works most effectively when
evidence-based information and credible and validated data on the situation and challenges
on the ground are carefully analysed on the basis of international human rights standards
and are used to guide the formulation and implementation of public policies. In Ukraine,
government agencies, the United Nations country team and development partners all
emphasized how much they relied on the fact-based and up-to-date monitoring reports of
OHCHR as the basis for designing their own response policies and programmes. In Mexico,
the Voluntary Fund has supported the OHCHR country office and country partners in
human rights information and data-gathering. During its visit to Mexico, the Board was
able to discuss with Federal and State authorities the relevance of this information in order
to reach a solid diagnosis based on the recommendations and observations made by
international mechanisms for the development of sound human rights plans of action. In
South America, the regional office has been successful in developing and promoting a
database of recommendations that encourages implementation and allows monitoring of
progress made. In Guatemala, the country office has worked closely with governmental
agencies to develop and monitor plans for the implementation of recommendations. In
Cambodia, the country office has made a particularly important contribution to follow-up
on recommendations made by all human rights mechanisms in the area of justice system
reform, prison reform and the implementation of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto.
34. The utility, relevance and strength of the existing international human rights
framework, and in particular the recommendations made by international human rights
mechanisms, should not be underestimated in the efforts made to implement the 2030
Agenda for Sustainable Development and the Sustainable Developments Goals. The
technical support and added value afforded by OHCHR are paramount to ensure a full
understanding and utility of the framework in the development and monitoring of
implementation plans and in the measurement of results to achieve the Sustainable
Developments Goals. OHCHR technical cooperation programmes should make a practical
contribution to ensure that the standards and recommendations of international and regional
human rights systems inform the development of national plans of action and of useful
indicators.
35. The Board, through its experience on the ground, is convinced that technical support
and capacity-building programmes directed at national institutions, including legislative,
judiciary and national human rights institutions fully compliant with the principles relating
to the status of national institutions (the Paris Principles), or institutions that are moving
towards full compliance with the principles, are strategically critical to ensure adequate
follow-up to and monitoring of implementation of recommendations made by international
and regional human rights systems. For example, during its visit to Ukraine in February
2016, the Board met with the members of the Ombudsman’s office to discuss the
opportunities for cooperation with the OHCHR mission in strengthening the national
protection system. Following the interest expressed by the Ombudsman’s Office in
strengthening the mechanisms for follow-up on the recommendations of the universal
periodic review and other human rights mechanisms, an interest also shared by the Ministry
of Justice, the Board provided information about the possibilities of additional support
through the Voluntary Fund for Financial and Technical Assistance in the Implementation
of the Universal Periodic Review, which could complement the continuing collaboration
within the country. It also shared some of its recent experiences in other regions. Similarly,
during its visit to Mauritania in January 2013, and to Cambodia in February 2015, the
Board was impressed by the support provided by the OHCHR country office to the national
human rights institution and to the justice system, respectively.
36. In drawing attention to the importance of promoting and monitoring implementation
of recommendations of international mechanisms, the Board emphasizes that promotion
and monitoring are not ends in themselves but means to achieve the goal of full compliance
with international human rights obligations. The focus of monitoring should be measuring
and reporting on changes in the enjoyment of all human rights. Monitoring is a tool for both
evaluating past performance and identifying future measures required for greater
compliance. Monitoring is of no benefit without evaluation of the past and strategizing for
the future. The Board considers that technical cooperation should enable this kind of past
and future-oriented monitoring.
37. Since its establishment, the Voluntary Fund has supported numerous programmes on
the ground that refer to international human rights standards and the recommendations
emanating from the international human rights system as a basis for planning and
programme development. The development of databases of recommendations of
international mechanisms will contribute to this. Databases group recommendations
thematically, enabling easier identification of both critical issues and priorities, and the
development of strategies to address them. For example, the database developed by the
South American regional office and implemented in several countries in the region has
proved highly successful.
38. In the current implementation phase of the OHCHR cycle for 2014-2017, OHCHR
field presences resourced by the Voluntary Fund have produced many concrete results
through this type of cooperation. Mechanisms for follow-up to recommendations made by
international human rights mechanisms or on national human rights plans of action
reflecting those recommendations have been established or further developed in a number
of countries as a result of technical support provided by OHCHR presences supported by
the Fund. In the Plurinational State of Bolivia, for example, the Ministry of Foreign Affairs,
the General State Prosecutor and the Ministry of Justice signed an agreement for the
creation of a coordinating body and for the development of a computerized monitoring
system, both launched at the end of 2015 and early in January 2016 to support the follow-
up to the recommendations accepted by the State. In Mexico, local human rights
programmes were developed or strengthened, through a participatory process, in the States
of Baja California, Coahuila, Jalisco, Oaxaca and Tamaulipas. In Kenya, the Parliament
adopted a national policy and plan of action on human rights, which had been developed
through a highly participatory process. Regarding actions relevant to specific
recommendations, in the key area of gender equality and women’s rights, in Guinea-Bissau,
the National Assembly approved a declaration that outlined a number of gender
mainstreaming actions, including one establishing a minimum quota of 40 per cent for
women at all levels of the decision-making process. In Tunisia, the OHCHR country office,
in cooperation with other relevant United Nations partners, supported a number of national
legislative efforts as follow-up to recommendations made by the Committee on the
Elimination of Discrimination against Women; this included support for the adoption of
organic law No. 2016-61 on preventing and combating human anti-trafficking, the
preparation of the comprehensive organic draft law on violence against women and the
amendment by the Government of the law on passports, ending a discriminatory practice
that prevented women from leaving the country with an underage child without the
authorization of the child’s father. In Mauritania, the Parliament adopted a law on the
establishment of a national preventive mechanism under the Optional Protocol to the
Convention against Torture. Other countries have witnessed increased ratification of
international human rights treaties. For example, following the visit by the Working Group
on Enforced and Involuntary Disappearances in 2015, Sri Lanka ratified the International
Convention for the Protection of All Persons from Enforced Disappearance in May 2016.
The OHCHR presence on the ground assisted through technical cooperation in this
endeavour.2
39. During its field visits and its discussions with relevant authorities and partners, the
Board witnessed testimony on the importance of OHCHR support for ensuring that national
policies comply fully with international human rights standards and that national efforts are
aimed at the implementation of recommendations made by international human rights
mechanisms. The offices operated by OHCHR have the expertise necessary to assess the
effectiveness of government efforts; for example, during the Board’s visit to Guatemala, in
October 2013, it visited Rabinal and met with indigenous groups to discuss economic
development programmes in the area. It heard indigenous concerns that consultation with
them had been inadequate and the subsequent developments lacked their full, free and
informed consent. The OHCHR country office has been able to provide advice to both State
institutions and indigenous groups on the requirement for full, free and informed consent
and the meaning of effective consultation. During discussions in Saltillo, Mexico, in
February 2014, government officials and representatives of civil society organizations
informed the Board on efforts to address disappearances and extra-judicial executions. The
OHCHR country office has been able to provide advice to both government and civil
society on these issues.
40. The reports and recommendations of international human rights mechanisms should
be part of the basis for the development of a common country assessment and subsequently
a Development Assistance Framework. The assessments can benefit from the analysis by
the mechanisms of the most significant human rights issues in the country concerned, while
the Development Assistance Framework can include programmes and initiatives to allow
implementation of the recommendations made by the mechanisms. While these tasks are
the responsibility of the United Nations country team as a whole, the specific expertise and
experience of OHCHR, drawn from the work of its field presences in so many countries
and regions, is critical to the process. The technical cooperation offered by OHCHR will
2 For further information on the results achieved around the world thanks to the technical support
offered by the Office, see the OHCHR annual report for 2016.
assist not only the State but also country team, and will have a direct impact on the
promotion of compliance with international human rights obligations.
B. Synergy and partnerships with other United Nations entities
41. During its visits to OHCHR field presences, the Board has continued to pay
attention to the synergy and partnerships among United Nations agencies and programmes
in the area of technical cooperation in the field of human rights. Through discussions with
Resident Coordinators and representatives of other United Nations agencies and
programmes, the Board has had the opportunity to understand how the United Nations
system-wide commitment to human rights has evolved positively over recent years.
42. Several United Nations initiatives have resulted in important contributions to the
mainstreaming of human rights standards at the country level. These initiatives include the
capacity-building of United Nations teams on the human rights-based approach to
programming, strengthening the capacity of Resident Coordinator systems on human rights,
and more extensive deployment of human rights advisers. These initiatives have allowed
United Nations teams operating in the field to respond more effectively to the opportunities
that the Sustainable Development Goals and the 2030 Agenda for Sustainable Development
offer for the promotion and protection of human rights.
43. During its visit to Guatemala, the Board also noted the positive impact of the
Guidance Note on Human Rights for Resident Coordinators and United Nations Country
Teams, issued by OHCHR in collaboration with the United Nations Development Group
Human Rights Working Group and the United Nations Development Coordination Office.
While the publication is seen as an important technical tool, several Resident Coordinators
also emphasized to the Board the importance of access to specific good practices and
lessons learned so that they are better able to determine the effective courses of action.
C. Measuring results of technical cooperation, and the response of the
Office of the High Commissioner
44. The OHCHR performance monitoring system, which has been upgraded and
improved on an continuing basis, continues to be a critical tool that provides the Board with
the information it requires to undertake its functions. During all its field visits, the Board
has observed how the system is an indispensable tool for planning entities. Indeed, at its
most recent sessions in the field, the Board was particularly impressed by the opportunities
that the system provides for greater coordination among all planning entities, which in turn
strengthens cooperation and thus maximizes the use of resources.
45. The Board has observed the improvements made in the performance monitoring
system to ensure that the financial module is also fully functional. It continues, however, to
be concerned at the challenges still experienced in the timely preparation of financial
reports and the processing of transactions by Umoja. The Board is of the opinion that the
United Nations Secretariat should support OHCHR in ensuring that the deployment of
Umoja does not undermine the implementation of OHCHR programmes, but that rather it
strengthens further the excellent progress made in becoming a fully results-oriented
organization, thanks to the support of the performance monitoring system.
D. Main findings, challenges and recommendations
46. The Board has continued to engage with the technical cooperation components of
OHCHR relevant to each of its thematic strategies, and to give advice on their
implementation in the 2014‒2017 programming cycle. The Board looks forward to making
its expertise and experience available to OHCHR in the development of the 2018-2021
programming cycle, which will be undertaken in 2017.
47. Technical cooperation in the field of human rights has substantially advanced in
recent years. What is now needed is an improved understanding of the types of technical
cooperation that OHCHR can and is best placed to provide, taking into account not only its
mandate and expertise but also its 25 years of experience in field operations. The Board
very much hopes that its views regarding the components of effective technical cooperation
and the outcomes of its sessions can help to strengthen this understanding. This is
particularly important in view of the critical support that the Office can provide, as
described in the present report, in the review of national development objectives in the
context of the 2030 Agenda for Sustainable Development and other important international
initiatives, such as the Human Rights Up Front initiative. The Board was pleased to learn
from national partners about the key contributions that OHCHR has been able to make
when it has a presence in the field, and when the presence is properly staffed and financed,
and has a framework of operations that adequately represents the High Commissioner’s
mandate.
48. The Board encourages States to continue to work with OHCHR in implementing
innovative approaches and replicating and sharing good practices and lessons learned
across countries and regions. This is critical if the strengthening of the human rights
programme is to be continued. The Board notes that an increasing number of States openly
acknowledge the role and support of OHCHR field presences during thematic panel
discussions on technical cooperation at the sessions of the Human Rights Council. Such
positive recognition should be translated into more substantial and sustained funding of
OHCHR, through both the United Nations regular budget and additional contributions by
States, so that it is able to provide adequate support to States in the promotion and
protection of human rights.
49. The adoption of the 2030 Agenda for Sustainable Development and the Sustainable
Development Goals, with their robust and explicit human rights-based approach, requires a
new understanding of what constitutes official development assistance (ODA). The Board
is persuaded that all contributions to OHCHR should now be treated as ODA in view of the
critical importance that all its work has for sustainable development and the achievement of
the 2030 Agenda.
IV. Status of funding and donors
50. At its meeting in Guatemala in October 2016, the Board was updated on the overall
financial status of OHCHR and the financial status of the Voluntary Fund for Technical
Cooperation in the Field of Human Rights. The Board also discussed and analysed the
status of implementation of the workplan for the Voluntary Fund for 2016. Despite the
continuing reduction in expenditures under the Fund in accordance with the initiatives
taken by the Office to reduce its funding gap, support for technical cooperation continues to
exceed the voluntary contributions received by the Fund. An analysis of funding trends
between 2008 and 2016 (see annex I) shows the continuing decrease in voluntary
contributions to the Fund, particularly in the past three years, which is having a negative
impact on the capacity to respond positively to current needs and demands on the ground.
51. In 2016, the total expenditure as at 31 December 2016 was $14,301,000,
substantially less than the projections in the workplan owing to a number of reductions in
various programmes. The reductions largely corresponded to the deficit between
contributions received throughout 2016 and assessed needs. By 31 December 2016, the
Fund had received a total of $11,201,283 ($3,144,098 specifically earmarked for the
Voluntary Fund, $5,179,932 to be allocated to specific country projects on technical
cooperation, and $2,877,253 allocated to the Fund as un-earmarked funds). The Fund
provided resources for technical cooperation programmes designed to build strong human
rights frameworks at the national level in 27 regions, countries and territories through 13
human rights advisers (in Chad, Kenya, Madagascar, the Niger, Papua New Guinea,
Paraguay, the Republic of Moldova, the Russian Federation, Rwanda, Serbia, South
Caucasus (Georgia), Sri Lanka and Timor-Leste); 10 human rights components of peace
missions (in Afghanistan, the Central African Republic, Côte d’Ivoire, Guinea-Bissau,
Haiti, Kosovo,3 Liberia, Libya, Somalia and the Sudan (Darfur)); and four country/stand-
alone offices (in Bolivia (Plurinational State of), Mauritania, Mexico and the State of
Palestine).
52. Through the Fund, the Office has facilitated efforts made at the country level to
incorporate international human rights standards into national laws, policies and practices,
including through follow-up to recommendations made by international human rights
mechanisms, and contributed to the establishment and strengthening of national structures,
institutions and capacities to ensure adherence to these standards. Strengthening the
administration of justice, including support in increasing access capacities for individuals
and groups facing discrimination and exclusion, and increasing capacities to promote
gender equality and women’s rights, have also featured prominently in numerous
programmes receiving support from the Voluntary Fund. The establishment and functioning
of responsive national human rights institutions compliant with the Paris principles and
human rights education programmes continued to receive support. United Nations resident
coordinators and country teams have also seen their human rights capacity strengthened by
the deployment of human rights advisers. Detailed information on income and expenditure
under the Voluntary Fund, its financial status in 2016 and a list of donors and contributors
are annexed to the present report (see annexes II – IV).
53. The Board continues to emphasize the importance of ensuring sustainable increased
contributions to OHCHR and to the Voluntary Fund.
3 Reference to Kosovo should be understood to be in full compliance with Security Council resolution
1244 (1999) and without prejudice to the status of Kosovo.
Annex I
Contributions to the Voluntary Fund and expenditure trends (2008-
2016)
Annex II
Voluntary Fund cost plan and expenditure (2016)
A1:J35A1:J45A1:J52B8A1:J25A1:J61B8A1:J25A1:J6A1:J54
Expenditure
Project Number Staff costs Activities Total USD
Number Field Operations & Technical Cooperation Division of staff at 31.12.2016
(a) Human Rights Advisers in UNCT (13) :
- Activities implemented by OHCHR HRAs
to the UNCT in:
SB-002067 - Russian Federation 6 486,818 580,052 1,066,870 798,595
SB-002065 - South Caucasus, Georgia 5 397,166 240,543 637,709 582,135
SB-002068 - Moldova 2 87,593 90,140 177,733 180,747
SB-002365 - Serbia 3 320,140 146,613 466,753 311,814
SB-002085 - Rwanda 3 283,436 129,046 412,482 361,962
SB-002063 - Kenya 5 483,495 318,547 802,042 690,840
SB-002066 - Niger 1 52,983 38,887 91,870 47,787
SB-002089 - Chad 3 376,597 255,889 632,486 521,461
SB-002077 - Madagascar 4 274,133 206,291 480,424 361,782
SB-002072 - Paraguay 3 359,819 213,208 573,027 543,028
SB-002064 - Papua New Guinea 3 403,677 289,446 693,123 442,133
SB-002083 - Sri Lanka 2 62,905 107,171 170,076 112,211
SB-002396 - Sri Lanka (USAID) 1 100,613 45,047 145,660 123,476
SB-002099 - Timor Leste 4 355,188 119,520 474,708 455,183
sub-total HR Advisers: 45 4,044,563 2,780,400 6,824,963 5,533,154
(b) Human Rights Components of UN Peace Missions (10)
- Activities implemented by UN Peace Missions
Human Rights Units in:
SB-002088 - Haiti - 90,043 90,043 23,298
SB-002076 - Afghanistan - 297,658 297,658 85,311
SB-002086 - Côte d'Ivoire - 228,260 228,260 117,163
SB-002090 - Liberia - 56,641 56,641 39,698
SB-002093 - Somalia - 103,000 103,000 136,820
SB-002367 - South Sudan - 168,370 168,370 161,427
SB-002084 - Guinea Bissau - 70,659 70,659 59,436
SB-002087 - Central African Republic - 107,499 107,499 (82,742)
SB-002073 - Kosovo 1 64,794 18,306 83,100 55,130
SB-002092 - Libya - 123,227 123,227 81,875
sub-total Peace Missions: 1 64,794 1,263,663 1,328,457 677,417
(c) Country/Standalone Offices (4)
SB-002069/6649 - Mauritania 8 610,069 439,236 1,049,305 847,869
SB-002062 - State of Palestine 25 2,317,315 818,207 3,135,522 2,884,879
SB-002103 - East Jerusalem, public information and legal analysis 4 543,092 40,499 583,591 496,976
SB-002071 - Bolivia 11 1,093,770 719,731 1,813,501 1,831,816
SB-002059/6648 - Mexico 23 1,871,463 612,592 2,484,055 2,108,924
sub-total Country /Standalone Offices: 71 6,435,709 2,630,265 9,065,974 8,170,464
Adjustments related to 2015 projects expenditure/liquidation of obligations (80,034)
Sub-Total 117 10,545,066 6,674,328 17,219,394 14,301,000
Total (including 13% PSC) 83%
Voluntary Fund for Technical Cooperation
OHCHR EXTRABUDGETARY RESOURCES
17,219,394
Cost Plans 2016
Annex III
Financial status of the Voluntary Fund (2016)
Office of the High Commissioner for Human Rights
United Nations Voluntary Fund
for Technical Cooperation (AHA)
Statement of Income and Expenditure
USD
I. Income
Voluntary contributions and pledges received in 2016 11,201,282.67
Gain/loss on exchange (on contributions) 7,716.19
Miscellaneous and Interest income 76,164.62
T ota l income 11,285,163.48
II. Expenditure */ USD
Staff and other personnel costs (including consultants) 8,159,272.42
Travel of Staff/Representatives to meetings and seminars 338,670.25
Contractual Services 858,623.38
General Operating and Other Direct Costs 2,856,699.67
Supplies, Commodities and Materials 60,634.54
Equipment, Vehicles and Funiture 284,123.08
Transfers and Grants to Implementing Partners 190,843.67
Indirect Programme Support Costs (13%) 1,552,132.62
T ota l expenditure 14,300,999.63
Net excess/(shortfa ll) of income over expenditures for the period (3,015,836.15)
Opening Ba lance 1.01.2016 9,061,485.96
Misce llaneous adjustments, savings, re funds 0.00
T ota l fund ba lance as a t 31.12.2016 6,045,649.81
*/ Includes disbursements and obligations
for the period 1 January - 31 December 2016
Annex IV
Donors and contributors (2016)
__________________
UN Voluntary Fund for Technical Cooperation (VFTC)
Voluntary contributions in 2016 (as at 31 December 2016)
Donor Pledge US$ Paid US$ Gain/(loss) on
exchange Unpaid pledge US$ Earmarking
Australia 164,302 164,302 VFTC
Finland (pledge EUR 800,000) 893,855 891,862 -1,993 VFTC
345,395 345,395 0 VFTC
507,246 507,246 0 VFTC
682,590 682,590 VFTC
India 100,000 100,000 0 VFTC
Liechtenstein 40,120 40,120 0 VFTC
Switzerland (pledge CHF 500,000) 510,725 510,725 VFTC
1,000,000 1,000,000 VFTC
1,100,000 1,000,000 100,000 VFTC
(a) total contributions earmarked to VFTC 5,179,932 5,077,939 -1,993 100,000
74,683 74,683 Activities in the Asia-Pacific region (allocated to Papua New Guinea)
74,683 74,683 Activities in the Asia-Pacific region (Sri Lanka)
74,683 74,683 Afghanistan
74,683 74,683 Activities in the Asia-Pacific region (allocated to Timor Leste)
Canada 46,748 43,852 -465 2,431 Afghanistan - Violence against women
France 44,593 45,351 758 Mauritania
71,032 71,032 0 HRA in Serbia
167,224 167,224 CO in Mauritania
120,401 120,401 Co in Mexico
International Organization for Migration 22,000 22,000 Mauritania
Netherlands 143,900 143,900 Elections in Kenya
Norway 253,283 258,114 4,831 OPT
33,186 26,637 88 6,637 Madagascar
200,000 200,000 Opt
280,000 280,000 Mauritania
340,000 340,000 oPt (Office in East Jerusalem)
23,000 23,000 Human Rights Monitoring Mission in Ukraine
700,000 700,000 Mexico
400,000 400,000 Bolivia
(b) total contributions earmarked to specific projetcs 3,144,098 2,841,513 5,213 307,799
Unearmarked funds allocated to VFTC
Norway 2,381,749 2,381,749 0 Unearmarked
Sweden 495,504 500,000 4,496 Unearmarked
(c) total unearmarked funds 2,877,253 2,881,749 4,496 0
TOTAL (a) + (b) + (c) 11,201,283 10,801,200 7,716 407,799
Germany
United States of America
United States of America
Australia
Germany
Switzerland
Organisation Internationale de la Francophonie
Saudi Arabia