35/20 Progress and challenges encountered in the main activities aimed at enhancing technical cooperation and capacity-building undertaken since the establishment of the Human Rights Council - Report of the Office of the United Nations High Commissioner for Human Rights

GE.17-07076(E)



Human Rights Council Thirty-fifth session

6-23 June 2017

Agenda items 2 and 10

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Technical assistance and capacity-building

Progress and challenges encountered in the main activities aimed at enhancing technical cooperation and capacity- building undertaken since the establishment of the Human Rights Council

Report of the Office of the United Nations High Commissioner for

Human Rights

Summary

The present report is submitted pursuant to Human Rights Council resolution 33/28,

in which the Council requested the Office of the United Nations High Commissioner for

Human Rights (OHCHR) to prepare a report on progress and the challenges encountered in

the main activities aimed at enhancing technical cooperation and capacity-building

undertaken since the establishment of the Human Rights Council.

The report contains information on worldwide practices and experiences in the area

of technical cooperation in the field of human rights. It is based on research undertaken by

OHCHR on global, regional and national experiences.

United Nations A/HRC/35/20

I. Introduction and methodology

1. The present report is submitted pursuant to Human Rights Council resolution 33/28,

in which the Council requested the Office of the United Nations High Commissioner for

Human Rights (OHCHR) to prepare a report on progress and the challenges encountered in

the main activities aimed at enhancing technical cooperation and capacity-building

undertaken since the establishment of the Human Rights Council.

2. The present report contains a selection of practices, developed in the context of

OHCHR technical cooperation programmes, implemented by OHCHR or in cooperation

with other United Nations and regional entities in support of State efforts to promote and

protect human rights. This selection is intended to illustrate achievements, progress and

challenges encountered through the development and implementation of such programmes.

3. In the preparation of the report, information on different experiences, including

methodologies used and lessons learned, was gathered from OHCHR headquarters and field

presences, regional and country offices, human rights components of United Nations

peacekeeping missions and human rights advisers to United Nations country teams,

working closely with host governments. OHCHR also solicited direct contributions from all

States for the preparation of the present report. The following States provided much-

appreciated input: Germany, Kuwait, Qatar, Serbia, and the former Yugoslav Republic of

Macedonia.

4. Since the establishment of the Human Rights Council, the role and advice of the

Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the

Field of Human Rights and the Voluntary Trust Fund for Financial and Technical

Assistance for the Implementation of the Universal Periodic Review have acquired greater

and greater importance through the Board’s annual presentations to the sessions of the

Human Rights Council as well as its participation in the panel discussions on technical

cooperation. The Board of Trustees has been gathering information on the situation on the

ground, the relevance of the programmes requested and proposed, and the efficiency and

effectiveness of programme delivery in meetings and discussions that it holds with OHCHR

management and staff, government officials and State institutions, civil society

organizations and specific groups that benefit from the programmes offered by OHCHR.

The information obtained is invaluable for understanding the impact and sustainability of

results achieved through technical cooperation. For this reason, the present report also

builds on the views and advice provided by the Board of Trustees at the Human Rights

Council sessions since the adoption of Council resolution 18/18.

5. Another key contribution from the Board of Trustees over the last five years, as

noted at the Human Rights Council, has been the unpacking of key components of good

cooperation programmes, which the Board of Trustees has been elaborating in its reports to

the Human Rights Council.1 During the discussions under the technical cooperation agenda

item, States have expressed appreciation for the components mentioned. For this reason,

and in order to facilitate compilation of the experiences and results in the present report,

OHCHR has used, as a basis for each of the sections of the present report, the various

components spelled out by the Board of Trustees in its reports.

1 See, for example, A/HRC/26/51, para. 27.

II. Experiences and practices in technical cooperation and capacity-building since the establishment of the Human Rights Council

A. Building and strengthening national frameworks and institutions for

the protection of human rights

1. Technical cooperation with executive branches, judiciaries and parliaments

6. Rather than attempting to present a completely comprehensive picture of the

technical cooperation activities of OHCHR, the following sections are aimed at providing

diverse but emblematic examples of the technical cooperation activities of OHCHR over

the last decade.

OHCHR support for transitional justice initiatives

7. Transitional justice has gained traction over the past decade as an important area of

human rights which has also seen extensive normative and practical development. Hence,

many governments and national societies have solicited the technical cooperation of

OHCHR in order to understand the basic concepts, access comparative experiences from

other countries and apply best practices when establishing transitional justice institutions

and processes.

8. In close cooperation with expert organizations such as the International Center for

Transitional Justice, OHCHR has developed a series of guidance tools which constitute the

conceptual and best-practice bedrock of its technical assistance on transitional justice.

Those tools are gathered together in the OHCHR publication series Rule-of-Law Tools for

Post-Conflict States and cover areas such as truth commissions, prosecution, reparations,

amnesties, vetting and national consultations on transitional justice.2

9. Over the past two decades, OHCHR has built up a comprehensive body of

comparative experience from supporting transitional justice processes on all continents,

from promoting a victim-oriented approach and from facilitating government consideration

of judicial and non-judicial transitional justice measures, such as truth commissions and

reparations programmes as well as prosecution initiatives.

10. In Sri Lanka, for example, transitional justice was the main focus of the engagement

by OHCHR with the Government in 2016. In particular, through the Human Rights

Adviser, OHCHR provided technical support to the Ministry of Foreign Affairs and the

Secretariat for Coordinating Reconciliation Mechanisms on the design and implementation

of the national consultation process and supported the consultations carried out by a

government-appointed task force of eminent civil society members. The consultations were

held to elicit views from a broad range of stakeholders on how institutions and processes

for transitional justice should be designed in order to promote accountability and

reconciliation.

11. In Nepal, the comprehensive peace agreement of 2006 launched a transitional justice

process that included the establishment of a truth and reconciliation commission. OHCHR

worked with all stakeholders to provide technical advice and capacity-building on the role

of truth commissions in transitions, on reparations and on justice and accountability

processes. For example, it provided the Government with expert documentation on truth

and reconciliation commissions, copies of truth and reconciliation commission legislation

from other countries, translated versions of OHCHR’s own rule-of-law tool on truth and

reconciliation commissions, and briefings on truth and reconciliation commissions to key

constituencies, including women legislators. Later, OHCHR issued an analysis of the

enabling law for the country’s Truth and Reconciliation Commission and its Commission

on Investigation of Disappeared Persons, providing guidance on its compliance with

2 See www.ohchr.org/EN/Issues/RuleOfLaw/Pages/TransitionalJustice.aspx.

international standards. This analysis has been widely referenced, including by the Supreme

Court of Nepal in its decision to strike down the amnesty clauses in the enabling law.

OHCHR Cambodia Country Office effectively combines technical cooperation and human

rights monitoring

12. OHCHR opened its first field presence in Cambodia in 1993. Its long-term presence

in the country and its thorough understanding of the human rights challenges faced by the

authorities have helped it to select priority technical cooperation initiatives, together with

the Government. The human rights monitoring activities carried out by the OHCHR office

in Cambodia since 1993 have substantially contributed to that understanding of the human

rights situation and hence to the sound design of the technical cooperation programme in

the country.

13. In April 2015, the Board of Trustees held its annual session in Cambodia, which

allowed first-hand observation of successful OHCHR technical cooperation with the

Cambodian justice system, particularly with the justice and interior ministries. OHCHR

technical cooperation efforts in Cambodia include — among other issues — justice system

reform, prison reform, and implementation of the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol.3

14. During its session, the Board of Trustees visited Correctional Centre 1, together with

the authorities. It witnessed substantial overcrowding and therefore commended the efforts

by OHCHR to support solutions to the current situation of large numbers of persons in

pretrial detention. OHCHR has also provided appreciated technical support for the

formulation and implementation of the new Code of Criminal Procedure. As a

complementary measure, OHCHR and the United Nations Development Programme

(UNDP) have supported infrastructure improvements to the Cambodian justice system,

including the construction of the Kampong Speu court.4

15. It is important to note that the Board of Trustees found that OHCHR priorities in

Cambodia were in line with the expectations of national stakeholders, and that the OHCHR

country office continued to be seen, more than 20 years after its establishment, as a reliable

partner with the capacity to respond effectively to requests for assistance.5

OHCHR support for security sector reform

16. In 2012, OHCHR conducted a mapping exercise of its global support for security

sector reform. The survey indicated that almost all OHCHR field presences (56 at the time)

engaged with law enforcement, military and intelligence agencies in one form or another.

The lessons learned point to the importance of taking a systemic approach to technical

cooperation in the area of security sector reform, and to avoid isolated and often

unsustainable human rights training with individual units.

17. In the experience of OHCHR, training is only one of many possible interventions to

enhance the respect for human rights in a law enforcement organization. Before the

decision to carry out human rights training is taken, it is essential to analyse the context in

which such training is to take place, the challenges that it will seek to address and the

complementary actions that will be necessary to ensure the training’s effectiveness.

18. As experienced by OHCHR field presences, there is little or no point in engaging in

one-off briefings on human rights except where this is linked to other capacity-building

initiatives. Sustainable engagements include engaging with internal reform processes and

with training academies, regarding curriculum development, as well as in-service training.

19. Cooperation projects should closely meet the needs of the recipient entities and be

based on the beneficiary profile of the given security force. There are many good examples

of security sector reform cooperation projects designed jointly between OHCHR and the

3 See A/HRC/29/48, paras. 14-24.

4 Ibid., para. 19.

5 Ibid., para. 24.

beneficiary institution concerned. For example, the OHCHR Regional Office for the Pacific

Region implemented a series of workshops to develop action plans for the police academy,

while the OHCHR Human Rights Adviser in Papua New Guinea supported the

development of human rights training modules for new recruits. OHCHR field presences in

Iraq, Jordan, Nigeria and Tunisia have also developed a comprehensive engagement on

human rights for law enforcement agencies involved in counter-terrorism activities.

Strengthening gender equality in Senegal by reviewing the nationality law

20. The OHCHR Regional Office for West Africa provided technical advice to the

Government of Senegal for the drafting of a new nationality code, based on

recommendations of the Committee on the Elimination of Discrimination against Women,

with a view to ending the differential treatment of men and women with regard to the

transmission of nationality through marriage, childbirth and adoption.

21. In collaboration with the non-governmental organization Association of Women

Jurists of Senegal, OHCHR provided technical assistance for harmonizing the Family Code

with international human rights standards, which resulted in the drafting of a compendium

of national laws to be harmonized, based on the recommendations of international human

rights mechanisms.

Support for judiciaries on investigating violence against women

22. Over the last ten years, OHCHR has developed valuable expertise on the

phenomenon of gender-related killings (so-called femicide), an issue that has attracted the

attention of the Human Rights Council at various sessions over the past decade, particularly

in some countries in Latin America. The experience from one country context has been

documented effectively and shared with other OHCHR field presences in the region,

allowing OHCHR to assist in the development of relevant legal frameworks and to support

State efforts to strengthen investigations and judicial responses in several countries in the

region.

23. In 2011, the OHCHR Regional Office for Central America supported the elaboration

of a protocol for the investigation of femicide in El Salvador, which was approved by the

Attorney-General. Based on this work, a model protocol for the investigation of femicide in

the Latin America region was developed jointly by OHCHR and the United Nations Entity

for Gender Equality and the Empowerment of Women (UN-Women). The protocol aims at

ensuring that gender-specific aspects are taken into account in formulating hypotheses, in

analysing crime scenes and in identifying necessary expert evidence.

Government of Thailand and the United Nations join forces to develop standards for the

treatment of women prisoners

24. In 2009, the Government of Thailand submitted a resolution to the Commission on

Crime Prevention and Criminal Justice, a subsidiary body of the Economic and Social

Council, which recognized the vulnerability of women incarcerated in a system built

principally for men. The resolution set in motion a series of meetings that culminated in the

adoption by the General Assembly in December 2010 of the first set of United Nations

rules focused on women prisoners: the United Nations Rules for the Treatment of Women

Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules). OHCHR,

through its regional office in Bangkok, contributed to the final drafting of the Bangkok

Rules at an expert meeting organized by the United Nations Office on Drugs and Crime

(UNODC) and hosted by the Government of Thailand in November 2009 in Bangkok.

Supporting the application by European Union member States of a human rights-based

approach to trafficking and border control

25. The OHCHR Regional Office for Europe, together with UNODC, the Office of the

United Nations High Commissioner for Refugees (UNHCR), the United Nations Children’s

Fund (UNICEF), the International Labour Organization (ILO) and UN-Women, provided

technical support to a number of European Union entities, including the European

Parliament’s Committee on Women’s Rights and Gender Equality, in their efforts to

develop a human rights-based directive on preventing and combating trafficking in human

beings and protecting its victims. Adopted in 2011, the directive takes into account the

contributions by United Nations entities on existing relevant international human rights

standards.

26. OHCHR also provided technical assistance to the European Agency for the

Management of Operational Cooperation at the External Borders of the Member States of

the European Union (Frontex) in aligning its policies with the new framework. In close

cooperation with the Frontex training unit and with the collaboration of the European Union

Agency for Fundamental Rights, UNODC, UNHCR, UNICEF, UN-Women, the

International Organization for Migration, the Organization for Security and Cooperation in

Europe and others, OHCHR provided legal and methodological advice for the development

of two specialized training packages for border guards, in compliance with international

and regional human rights standards.

A human-rights based approach to migration: developing a code of conduct for the

protection of migrant domestic workers in Lebanon

27. Since 2005, as part of its technical cooperation work to increase the compliance of

laws with international human rights standards, the OHCHR Regional Office for the Middle

East has been working closely with the Government of Lebanon, ILO and non-

governmental organizations (NGOs) to alleviate the hardship experienced by domestic

workers in Lebanon. A steering committee was set up to develop a national plan of action.

One of the first major achievements of the committee was the drafting of a unified contract,

which provided a common set of standards to protect domestic migrant workers. In close

consultation with the Ministry of Labour, the Syndicate of Owners of Recruitment

Agencies in Lebanon and the Caritas Lebanon Migrant Centre, and in coordination with

ILO, OHCHR supported the development of a code of conduct for recruiting agencies.

Strengthening the capacity of national and local Serbian authorities to protect the rights of

migrants and refugees

28. In 2015 and 2016, with the support of OHCHR, the Serbian Protector of Citizens

(Ombudsman) implemented the “Improvement of the protection of refugees and migrants in

the Republic of Serbia” project, which, according to the Government, strengthened the

capacity of national and regional authorities to enhance the realization of rights of refugees

and migrants. As a result, according to the Government, migrants and refugees along the

“Balkan route” could further exercise their rights and the regional cooperation between the

United Nations and the national institutions for the promotion and protection of human

rights was strengthened. In addition, OHCHR supported anti-discrimination training for

representatives of ministries and institutions, organized by the country’s Office for Human

and Minority Rights and Ministry of Labour.6

2. Technical cooperation for the establishment and optimal functioning of national

human rights institutions

29. Technical cooperation to establish and strengthen national human rights institutions

that are constituted and operate in compliance with the principles relating to the status of

national institutions for the promotion and protection of human rights (the Paris Principles)7

has been a clear priority for OHCHR over the past decade. This technical support has often

been warmly welcomed by the Human Rights Council, including in several recent

resolutions. As seen for example in the Council’s resolution 33/15, assistance from

OHCHR takes multiple forms and encompasses multiple areas of cooperation, ranging from

support for the drafting of legislation for the establishment of a national human rights

institution, to organizing national consultations on the Paris Principles with key

stakeholders including in government, parliament and civil society, to capacity-building for

members and staff of national human rights institutions. OHCHR collaborates with UNDP

6 Office for Human and Minority Rights response to OHCHR questionnaire, 21 March 2017.

7 See General Assembly resolution 48/134.

and regional networks of national human rights institutions to undertake capacity

assessments of established national human rights institutions as the basis for capacity-

building programmes and activities. OHCHR has also worked with regional networks of

national human rights institutions, with regional organizations and with civil society in the

development of publications and tools to enhance the capacity of national human rights

institutions.

30. Support by OHCHR for national human rights institutions has evolved and

expanded significantly over the last ten years. An increasing number of national human

rights institutions are benefiting from OHCHR technical support. In 2015, national human

rights institutions from 71 countries received technical assistance from OHCHR on the

establishment or strengthening of the institution (some examples are given below). In

addition, OHCHR has long provided secretarial support to the international coalition of

national human rights institutions. In 2016, that coalition changed its name to the Global

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

Alliance, and meetings of its Bureau and its Subcommittee on Accreditation, as well as the

its international conferences, are held with support by OHCHR in its capacity as the Global

Alliance’s secretariat.

31. The most important assistance provided by OHCHR to national human rights

institutions takes place at the national and local level, where many country offices, human

rights advisers, human rights components of peacekeeping missions or regional OHCHR

presences work hand in hand with national human rights institutions, on all continents. In

Iraq, for example, the human rights office of the United Nations Assistance Mission for

Iraq and UNDP have carried out capacity-building activities for the national human rights

institution’s commissioners and staff, including the elaboration of a plan of action on

capacity development for 2014 and 2015.

32. In Somalia, the Government adopted legislation for the creation of a commission for

human rights, in June 2013. The United Nations Assistance Mission in Somalia human

rights component had presented parliamentarians with an assessment of the draft bill’s

compliance with the Paris Principles and recommended that broader consultations take

place with the regions and civil society.

33. The human rights section of the United Nations Integrated Peacebuilding Office in

Sierra Leone has consistently provided financial and technical support since the

establishment of the Human Rights Commission of Sierra Leone, and in 2013 focused on

strengthening the Commission’s monitoring capacity.

B. Supporting national development goals and human rights commitments

through technical cooperation

34. As the Board of Trustees has argued, effective technical cooperation should reflect

national development objectives in order to create true ownership and thereby sustainability

of the activities. Therefore, the OHCHR Technical Cooperation Programme prioritizes

support for initiatives that ensure the inclusion of human rights in national and local

development planning and implementation. Such support ensures that the technical

cooperation programmes are demand-driven and reflect national priorities and

commitments, including those made in the framework of the 2030 Agenda for Sustainable

Development. Furthermore, the Human Rights Council, in its resolution 31/5, has

welcomed OHCHR technical cooperation efforts aimed at realizing economic, social and

cultural rights.

35. In several countries, OHCHR has contributed to the inclusion of human rights in

national and local development plans. In Mexico, the point of departure for this work was a

number of human rights assessments (diagnósticos), both at the national level and at the

state level, carried out by the Government with technical support from OHCHR. In 2006,

OHCHR Mexico launched a methodology to develop human rights assessments and

programmes at the state level. Later, this methodology helped the State of Oaxaca to

elaborate its 2011-2016 development plan with a human rights-based approach.8

Implementing a human rights vision of development in Uganda

36. In 2013, the Government of Uganda launched Uganda Vision 2040, an overarching

national planning framework which considers human rights a prerequisite for development.

Uganda Vision 2040 was developed by the National Planning Authority in consultation

with other national stakeholders and partners, and OHCHR Uganda contributed to the

drafting process. According to Uganda Vision 2040, “Government shall ensure that the

human rights-based approach to development is integrated in policies, legislation, plans and

programs.”9

37. The National Planning Authority requested technical support from OHCHR for the

effective integration of human rights into sector and district government development

plans, and ultimately into the second five-year National Development Plan.

38. In that context, OHCHR provided technical cooperation in partnership with the

German Agency for International Cooperation (GIZ) and with funding from Norway. In

May 2014, with the support of OHCHR and GIZ, the National Planning Authority issued

new planning guidelines with a human rights-based approach. In order to strengthen the

integration of human rights into plans and to identify and refine indicators, OHCHR

launched a strategic training programme targeting planning officers, chief administrative

officers and community development and population officers from 66 districts and 16

thematic sectors. The training was so well received that the National Planning Authority

requested OHCHR to cover the remaining 46 districts, with UNDP funding.

C. Formulating and implementing technical cooperation programmes

through consultation and with the broadest possible participation

39. As the Board of Trustees has suggested, the broadest possible participation of all

segments of national societies increases the chances of technical cooperation projects being

effective and successful.10 Furthermore, the medium- and long-term sustainability of the

technical cooperation activities is often influenced by how well the activity is anchored

with beneficiaries and their organizations, or with institutions mandated to promote and

protect the rights of a specific group of rights holders. When designing technical

cooperation projects, OHCHR is systematically ensuring the participation of key

stakeholders, particularly the direct beneficiaries, through the design of the activities.

1. OHCHR Tunisia supports broad participation in the constitutional reform process

40. OHCHR Tunisia and prominent civil society organizations co-organized a national

consultation on the Constitution, the rule of law and human rights, which was held from 18

to 20 July 2012 in the Tunisian city of Mahdia. At the consultation, approximately 100

representatives of civil society discussed the importance of having a constitution based on

the rule of law and in compliance with international human rights standards. As a result of

the consultation, a joint proposal for improvement of the draft constitution, known as the

Mahdia Declaration, was developed by civil society actors and provided a common

platform for civil society organizations’ advocacy before the National Constituent

Assembly.

8 Coordinación para la Protección de los Derechos Humanos del Estado de Oaxaca, Derechos de las

Personas Afrodescendientes (2013). Available from

www.hchr.org.mx/images/doc_pub/08_Afrodescendientes_oax.pdf.

9 National Planning Authority, “Uganda Vision 2040”, p. 108. 10 See A/HRC/29/48, para. 30.

2. Strategic litigation and the Maya Programme in Guatemala

41. The Maya Programme was established in 2009 to empower indigenous Mayan,

Xinca and Garifuna peoples, communities and organizations to achieve stronger negotiating

power and participation in public life. It is implemented by OHCHR, UNDP and UNICEF

and is overseen by a steering committee comprising representatives of the Secretariat of

Planning and Programming of the Presidency, OHCHR, UNDP and UNICEF. In the first

phase of the programme, from 2009 to 2013, 18 indigenous organizations filed cases before

administrative or judicial bodies on various issues, including rights relating to land,

territory and natural resources, discrimination, access to justice, consultation, self-

determined development and cultural rights. Five cases received favourable rulings, and

three, for which national remedies had been exhausted, were submitted to the Inter-

American Commission on Human Rights.

42. OHCHR interventions, in collaboration with indigenous peoples’ organizations,

have led to positive outcomes, such as the establishment of a support network for

organizations working on indigenous rights, and an increased use of national and regional

protection systems by those organizations. The Maya Programme has also built up the

capacity of judicial officials and has promoted changes in the legal and political culture of

judges as duty bearers, so that they hand down rulings in accordance with international law.

A second phase of the project was initiated in 2014.

3. Achieving results through broad participation in the Republic of Moldova

43. The efforts by OHCHR to ensure a broad participation of stakeholders in its

technical cooperation projects were acknowledged in, for example, the external evaluation

of the OHCHR project entitled “Combating discrimination in the Republic of Moldova,

including in the Transnistrian region” (2014-2015).11 In the Republic of Moldova, OHCHR

decided to implement an anti-discrimination project by engaging one disability

organization, one Roma NGO and one organization for lesbian, gay, bisexual and

transgender persons. Also, a Roma person was hired to work with so-called “Roma

community mediators”. These implementing partners were selected among

organizations/individuals forming part of, or already working with, the target communities

— in this case minority groups who were victims of discrimination. The participation of

these beneficiaries in the project was an important strategy in creating networks of victims.

With the continued support of OHCHR, these networks managed to establish themselves as

officially registered NGOs and associations, which ensured a high degree of sustainability

for the project activities.12

4. Involving civil society in technical cooperation with State stakeholders

44. In Mexico, the Law for the Protection of Human Rights Defenders and Journalists,

of 2012, provides for a national mechanism to address threats to human rights defenders

and journalists. The law was drafted with the participation of civil society actors and

Congress and was supported by international NGOs and OHCHR Mexico. The

participation of OHCHR in joint Government-civil society projects can sometimes facilitate

the process and improve the outcome. OHCHR can provide access to comparative

experiences from other countries and can sometimes increase the level of trust between the

parties involved in the project.

45. In Colombia, over a period of five years (2005-2009), OHCHR, UNDP and the

diplomatic community, as recognized neutral parties, facilitated effectively a productive,

multi-stakeholder dialogue and increased the attention to United Nations human rights

recommendations in Colombia, which resulted in concrete policy action, including a

government directive to combat extrajudicial executions. The well-documented process

11 “External evaluation of the OHCHR project ‘Combating discrimination in the Republic of Moldova,

including in the Transnistrian region (2014-2015)’ “, section on good practices, December 2015,

available from

www.ohchr.org/Documents/AboutUs/Evaluation/CombatingDiscriminationRepMoldova.pdf.

12 Ibid., evaluation question No. 7.

represents important lessons learned on how the United Nations and the diplomatic

missions can and should play a bridge-building role, even in the most strained civil society-

government contexts.13

5. Participation by women victims of sexual and gender-based violence, in Kosovo14

46. In Kosovo, OHCHR actively promoted the participation of women in the

identification of adequate reparation measures. Through inclusive consultations with

survivors, OHCHR completed a study in 2013 on reparations for victims of sexual and

gender-based violence during the armed conflict in Kosovo and advocated for the

implementation of the recommendations contained in the report, which contributed to

addressing long-standing demands for redress.

6. OHCHR monitoring in Togo increases participation in the electoral processes

47. In 2013, OHCHR Togo significantly contributed to the participation of voters

through a comprehensive programme of human rights promotion and a parallel election

monitoring project, allowing 66 per cent of voters to cast a vote. The OHCHR Togo

electoral project included involvement by civil society organizations in the promotion and

monitoring of respect for human rights. In anticipation of the elections, 600 human rights

observers were deployed to the 30 prefectures in Togo and the five communes of Lomé to

monitor the observance of key civil and political rights related to elections and basic

principles of independence and impartiality. OHCHR trained and coordinated the observers

by deploying staff members to the five administrative regions. This enabled OHCHR to

remain informed about problems encountered, to undertake advocacy interventions as

needed, and to liaise with the State and the electoral authorities, who showed a high degree

of cooperation and goodwill.

D. Support for follow-up to recommendations of human rights

mechanisms

48. The international human rights system has significantly expanded over the past 20

years, with a near-doubling in the number of treaty bodies that oversee the implementation

of the core human rights treaties, a similar increase in the number of special procedure

mandates within the context of the Human Rights Council, and the establishment of the

universal periodic review mechanism of the Human Rights Council. States are thus faced

with increasing requirements as regards implementing treaty obligations, reporting to the

international and regional human rights systems, and following up on the recommendations

or decisions emanating from them. OHCHR therefore supports States so that they may

better engage with the international human rights mechanisms and implement

recommendations from those mechanisms effectively.

1. National mechanisms for reporting and follow-up

49. Recognizing that many States have difficulties in living up to their multiple

reporting obligations, the General Assembly, in its resolution 68/268, designed a significant

capacity-building programme “to support States parties in building the capacity to

implement their treaty obligations”. The OHCHR treaty body capacity-building

programme, subsequently established in 2015, organizes training-of-trainers workshops that

focus on treaty body reporting and training methodologies, for State officials.

50. The treaty body capacity-building programme also provides assistance to requesting

State parties on national mechanisms for reporting and follow-up, as well as on the

preparation of common core documents and on treaty-specific reporting. In this context, the

treaty body capacity-building programme launched a practical guide, and an accompanying

13 “Informe de avance del proyecto ‘Apoyo al funcionamiento de la secretaría técnica del G24’ “,

UNDP, July 2009.

14 All references to Kosovo in the present document should be understood to be in compliance with

Security Council resolution 1244 (1999).

study on State practices of engagement with international human rights mechanisms, which

seek to identify key ingredients for a well-functioning and efficient national mechanism for

reporting and follow-up, drawing on different State practices, while not proposing a one-

size-fits-all solution.15

51. In 2016, some 28 countries received, from the treaty body capacity-building

programme, assistance related to national mechanisms for reporting and follow-up, 13

countries received assistance in establishing a national mechanism for reporting and follow-

up, and 15 countries received assistance on the effective functioning of their existing

national mechanism for reporting and follow-up. At the same time, State officials from

some 50 countries increased their knowledge and skills in regard to the human rights

treaties, as well as their treaty reporting skills, further to activities conducted at the national

level. By the end of 2016, the programme had enhanced the skills and knowledge of 170

State officials from 77 countries, who had become trained trainers on treaty reporting and

part of a network of State officials within their subregion.

2. Technical cooperation to support the establishment of national human rights action

plans

52. The Vienna Declaration and Programme of Action — the outcome document of the

World Conference on Human Rights, of 1993 — suggests that States develop national

action plans for human rights and that the United Nations establish a comprehensive

programme to support States in establishing national human rights structures.16 Since then,

OHCHR has provided extensive assistance in the form of technical cooperation to States

wanting to pursue the establishment of national human rights action plans. These plans can

now benefit from increased coordination capacity at the State level through the national

mechanisms for reporting and follow-up. An important milestone in this work is the

production by OHCHR of a comprehensive guidance manual on national human rights

action plans, which has been used extensively by States and by OHCHR staff when

providing technical cooperation.17 OHCHR will soon launch an updated version of that

manual.

53. In South-East Asia, OHCHR contributed to exchanges of experiences between

Indonesia, Malaysia and Thailand on the development of national human rights action

plans. At the suggestion of OHCHR, Malaysian officials visited Thailand to learn from the

experiences of Thailand in developing a plan.

3. Online system for reporting on recommendations, in Paraguay

54. Individual OHCHR field presences are also offering technical cooperation on

enhanced engagement with the international human rights mechanisms. In Paraguay, the

Human Rights Adviser supported the State (the executive, legislative and judicial

branches), the Attorney-General and the Ombudsman in their joint initiative to develop an

inter-institutional mechanism to monitor, follow up on and report on the recommendations

issued by the United Nations and the regional human rights mechanisms in relation to

Paraguay. One important outcome of that process is the online Recommendations

Monitoring System,18 developed to allow the uploading of human rights recommendations

adopted by United Nations bodies in respect of Paraguay and to provide information on the

follow-up to their implementation, including with regard to the State institutions in charge

of implementation, all relevant policies and programmes, and actions, indicators and

challenges.

15 OHCHR, National Mechanisms for Reporting and Follow-Up: A Practical Guide to Effective State

Engagement with International Human Rights Mechanisms (2016).

16 See A/CONF.157/23, para. 69.

17 OHCHR, Handbook on National Human Rights Plans of Action (Professional Training Series No.

10) (29 August 2002).

18 Sistema de Monitoreo de Recomendaciones, frequently referred to by its Spanish acronym SIMORE.

4. Using human rights recommendations to strengthen United Nations Development

Assistance Frameworks (UNDAFs) and national development plans in Europe and

Central Asia

55. Over the last decade, OHCHR has significantly increased its involvement in United

Nations Development Assistance Framework processes around the world, particularly in

Europe and Central Asia. Impact has been achieved through training on human rights-based

approaches, active participation by OHCHR in United Nations country team/United

Nations Development Assistance Framework coordination structures, the provision of

clustered recommendations from the United Nations human rights mechanisms, analysis of

national key human rights challenges and risks, and OHCHR inputs to initial United

Nations Development Assistance Framework drafts. Additionally, in the Europe and

Central Asia region, OHCHR has successfully supported the design and implementation of

national human rights action plans, ensuring that they are synchronized with

recommendations from all human rights mechanisms — especially from the universal

periodic review — and that they are in line with the Sustainable Development Goals. Often,

the Sustainable Development Goals indicators can be lined up with the United Nations

Development Assistance Framework indicators, pointing towards goals and challenges also

identified in the recommendations from the human rights mechanisms. In most cases,

OHCHR support for United Nations Development Assistance Framework processes has

been provided by field presences, including the OHCHR Regional Office for Central Asia

and human rights advisors to resident coordinators and country teams, while the OHCHR

headquarters in Geneva has engaged with United Nations Development Assistance

Framework processes in countries of Europe and Central Asia as a non-resident entity of

the United Nations system through engagement from Geneva or missions, so even without

an OHCHR presence on the ground.

5. Using the United Nations Development Assistance Framework for follow-up on

universal periodic review recommendations in the Lao People’s Democratic Republic

and Thailand

56. With the start of the second cycle of the universal periodic review in 2012, the

OHCHR Regional Office for South-East Asia provided States in the region with support for

reporting and following up on universal periodic review recommendations.

57. In this context, OHCHR contributed to strengthening the capacity of the United

Nations country teams in the Lao People’s Democratic Republic and Thailand, in order to

support each State’s follow-up and reporting efforts in the context of its United Nations

Development Assistance Framework. Both United Nations Development Assistance

Framework documents integrate a human rights-based approach and contain specific

outcomes geared to assisting the countries in implementing prioritized universal periodic

review recommendations, which include mainstreaming human rights in national policies.

58. The provision of support through the United Nations Development Assistance

Framework furthers the strengthening of national ownership and commitment, as it is aimed

at harmonizing and aligning programming priorities with national development priorities.

E. Technical human rights cooperation by other United Nations agencies

and programmes and by regional organizations

59. It is safe to say that all United Nations agencies provide some form of technical

cooperation to States and national stakeholders on issues directly influencing rights holders’

enjoyment of their human rights. Unfortunately, the page limitation on the present report

does not allow for comprehensive coverage of all those important activities. Here, only an

indication of some of the priority issues addressed by a few agencies can be provided. The

Board of Trustees in its reports to the Human Rights Council has described how this

technical cooperation by other United Nations agencies is often guided by human rights

recommendations issued to States. According to the Board of Trustees, OHCHR is playing

an important role in supporting the integration of these recommendations into United

Nations Development Assistance Frameworks and individual agency programmes,

particularly through the work of a number of human rights advisors to United Nations

country teams.19

1. Helping States to mainstream rights through the United Nations Development Group

human rights mainstreaming mechanism

60. In November 2009, the United Nations Development Group created the human

rights mainstreaming mechanism, with the participation of 19 United Nations agencies,

funds and programmes. OHCHR chairs the mechanism, with a rotating deputy, which

ensures the full buy-in of other agencies. The mechanism is responding directly to the

increasing demand from Member States for more technical assistance on human rights

mainstreaming and on how to apply rights-based approaches to national development

strategies. The mechanism also seeks to strengthen coordinated United Nations responses to

requests from Member States for support in their efforts to meet their international human

rights commitments. In addition, the United Nations Development Group recently produced

a guidance note on human rights for resident coordinators and United Nations country

teams, which will further assist resident coordinators and country teams’ efforts to support

States with technical cooperation.

2. UNICEF assisting States to implement the Convention on the Rights of the Child

61. The explicit reference to UNICEF in the Convention on the Rights of the Child and

the long-term cooperation by UNICEF with States’ efforts to implement the Convention

makes it an important provider of technical assistance. The need for cooperation to

implement the Convention is recognized in several of its provisions. States are explicitly

encouraged in article 4 to seek and use international cooperation for implementation, while

UNICEF is specifically called upon in article 45 to assist States to ensure rights. UNICEF-

supported technical cooperation takes place in the 191 countries where UNICEF is present

and on a large number of child rights issues, including but not limited to children and armed

conflict, child labour, trafficking, sexual and gender-based violence, and justice for

children.

62. UNICEF has also played an increasingly important role in supporting all the phases

of the Convention on the Rights of the Child reporting process by facilitating States’

constructive dialogue with the Committee on the Rights of the Child, supporting a

participatory and inclusive process that involves all sectors of society, providing reports on

the situation of children in each country, and contributing to the dissemination,

implementation and follow-up of the concluding observations.

3. UNDP: an increasingly important human rights partner for States, national human

rights institutions and civil society

63. UNDP provides policy advice, technical cooperation and capacity development in

over 100 countries in relation to the United Nations human rights machinery. One example

is its support for the universal periodic review process, which falls within the agency’s

long-standing engagement with human rights mechanisms — most commonly in close

cooperation with OHCHR. The universal periodic review follow-up facility is a project of

UNDP in Europe and Central Asia and the UNDP Regional Centre for Europe and Central

Asia and is aimed at supporting national partners and UNDP country offices to build

capacity around the universal periodic review and implement agreed human rights

recommendations at the request of the programme countries/United Nations Member

States. The technical cooperation activities span from dissemination of basic information on

the universal periodic review process to concrete support for implementation of

recommendations. Substantial UNDP efforts have been dedicated to ensuring broader

participation of civil society and national human rights institutions in the universal periodic

review process, including in human rights assessments (e.g. Georgia), report preparation

(e.g. Bosnia and Herzegovina) and follow-up on implementation of universal periodic

review recommendations (e.g. Kyrgyzstan). Another example is the extensive support that

19 See A/HRC/29/48, para. 22 and paras. 38-41.

UNDP provides for the establishment and strengthening of national human rights

institutions in all regions, and its collaboration with regional networks of national human

rights institutions.

4. Technical cooperation by OHCHR in close collaboration with other United Nations

agencies — examples from the Democratic Republic of the Congo

64. In the Democratic Republic of the Congo, addressing sexual violence against

women has long been an issue involving several United Nations agencies. In 2013, the

United Nations Joint Human Rights Office — the human rights component of the United

Nations Organization Stabilization Mission in the Democratic Republic of the Congo

(MONUSCO) — provided legal assistance free of charge to 1,507 victims of sexual

violence, in 12 legal clinics and 25 legal aid centres throughout the country. Additionally,

between 2009 and 2014, around 33,000 victims of sexual violence benefited from holistic

care comprising legal, medical, psychosocial, and social and economic assistance, provided

by MONUSCO, UN-Women, the Open Society Initiative for Southern Africa, the United

Nations Population Fund and UNICEF, often through local NGOs.20

F. Technical human rights cooperation by regional organizations21

65. In September 2013, the United Nations High Commissioner for Human Rights and

the Secretary-General of the Council of Europe signed a framework cooperation agreement

on reinforcing cooperation between the two institutions. The agreement covers regular

consultation and joint participation in activities, exchange of information and general

cooperation. One of the aims of the agreement is to strengthen cooperation in the field,

including by assisting governments in implementing the recommendations of the human

rights mechanisms of the United Nations and the Council of Europe.

66. In response to the armed conflict in Ukraine, several regional organizations have

cooperated closely with the local OHCHR field presence and also implemented their own

monitoring and technical cooperation activities. In January 2015, the Office for Democratic

Institutions and Human Rights of the Organization for Security and Cooperation in Europe

(OSCE) initiated a project in Ukraine to build the capacity of civil society, religious or

belief communities and relevant State institutions to identify and respond to hate crimes,

and to promote dialogue among religious people and between the State and religious or

belief communities, in line with international standards on freedom of religion or belief.

The OSCE project coordinator in Ukraine has provided capacity-building and technical

cooperation in many other human rights areas, including the rights of internally displaced

persons, trafficking, domestic violence, the training of judges, advocates, journalists and

law enforcement officers, and the development of a national action plan on Security

Council resolution 1325 (2000) on women, peace and security. OSCE also provides

capacity-building and technical cooperation in the Balkans and the Commonwealth of

Independent States.

67. The VFTC Board of Trustees has often encouraged and praised OHCHR technical

cooperation work with regional and subregional human rights mechanisms in Africa, such

as the African Union, the Southern African Development Community, the Economic

Community of West African States and the Intergovernmental Authority on Development

(see, for example, A/HRC/16/66, para. 18).

IV. Lessons learned, challenges and the way forward

68. The last ten years of developing and implementing OHCHR technical cooperation

programmes with key State partners, in cooperation with other United Nations agencies and

regional organizations, have been particularly fruitful in terms of results and the

20 Data gathered from MONUSCO performance reports from 2009 to 2014.

21 For further information, see A/HRC/34/23.

development of good practices. Special support to the least developed countries and small

island developing States through a special trust fund managed by OHCHR has increased

engagement with the Human Rights Council and the international human rights system in

general.

69. The universal periodic review has proved to be a pivotal development in facilitating

and encouraging demand for sound technical cooperation in the field of human rights. This

mechanism and its outcome reports have also served to increase the interest in technical

support from other parts of the United Nations system. A general expansion of the

international human rights system, including the entry into force of a number of new human

rights treaties and special procedure mandates, has also contributed to an increase in

demand for technical cooperation over these ten years. This expansion, particularly in the

number of treaty bodies, has required additional OHCHR efforts to support States’ capacity

to engage with the human rights mechanisms, such as the OHCHR treaty body capacity-

building programme described in the present report.

70. This review of the last ten years of technical cooperation has underlined the need

for human rights cooperation to take a systemic approach, assessing with national

counterparts the broader institutional and normative context and challenges before

designing and proposing the required support and the desired course of action.

71. The technical cooperation that OHCHR is best placed to offer should not be seen as

an isolated activity but rather as part of an integrated multi-dimensional human rights

strategy in line with the High Commissioner’s comprehensive and global mandate, with its

value added and comparative and collaborative advantages. Also, technical cooperation

alone is seldom effective unless coupled with strengthened accountability mechanisms. As

the United Nations Deputy High Commissioner for Human Rights has explained, “sound

and efficient technical cooperation and capacity-building programmes require to be based

in solid understanding and analysis of the situation and the existing multifaceted challenges,

which can only be achieved through independent and credible monitoring activities”.22

According to the United Nations High Commissioner for Human Rights, “the information

and analysis that result from OHCHR’s monitoring activities constitute an important basis

for identifying capacity-building needs and opportunities for technical cooperation”.23

72. Technical cooperation has proved to be a natural entry point for the United Nations

to engage directly with national and local authorities, national human rights institutions and

civil society, to better understand and remedy the challenges that they are facing in their

daily work. Such joint cooperation often builds trust, which is essential in addressing not

only knowledge and capacity gaps but also commitment gaps, through monitoring,

advocacy and advice. Furthermore, the present review indicates that OHCHR can also

contribute to building increased trust — a necessary condition for effective cooperation —

between authorities and the civil society human rights community. Regarding the latter

community, a specific effort has been made to reach out to marginalized and vulnerable

groups, who are often unaware of their rights and have limited access to local authorities.

73. Such comprehensive engagement with national and local authorities and their

realities requires stable and long-term mandates for the OHCHR field presences, as well as

secure funding projections, in order to avoid short and unsustainable interventions that lack

the proper follow-up. Many of the most effective OHCHR technical cooperation activities

span five to ten years or more and owe their success to a step-by-step methodology that

benefits from the trust developed with national counterparts.

74. This review has shown that there is room for effective replication of technical

cooperation success stories — not exclusively by OHCHR or the United Nations system.

22 From the opening statement delivered by Flavia Pansieri at “Twenty years after the Vienna World

Conference on Human Rights: an assessment”, in Bonn, Germany, on 9 November 2013.

23 From the statement delivered by Navi Pillay to the Human Rights Council at its twenty-sixth session,

on 25 June 2014, for the opening of the panel discussion on technical cooperation and capacity-

building in advancing the rights of persons with disabilities through legal and institutional

frameworks, including public-private partnerships.

Many Member States are also in an excellent position to provide technical cooperation in

the field of human rights, including innovative South-South cooperation in many areas and

regions. One important step in that direction is to further document and share lessons

learned from technical cooperation experiences, for instance with respect to national

coordination mechanisms for implementation, or national human rights action plans.

75. Since the establishment of the Human Rights Council, OHCHR has enhanced its

capacity as a fully results-oriented organization improving its capacity to monitor the

implementation and impact of its technical cooperation programme, including through its

performance monitoring system and periodic evaluations. This strengthened capacity

facilitates useful replication of success stories. Therefore, the development of tools

applicable to entire regions (model laws, protocols and so on) will be one important way

forward in order to increasingly strengthen States’ capacity to promote, protect and fulfil

rights.

76. All United Nations agencies provide some form of technical cooperation to States

and national stakeholders on issues directly influencing rights holders’ enjoyment of human

rights. Increasingly, that cooperation is harnessed by the United Nations Development

Assistance Frameworks and is developed in line with, or even guided by, human rights

recommendations emanating from the international human rights system. Some of the

larger United Nations agencies, programmes and funds, which have extremely extensive

networks of field presences, are also the ones most involved in technical cooperation to

promote, protect and fulfil rights, normally in very close cooperation with OHCHR.

77. Regional organizations play a crucial role in supporting the realization of rights.

Most of them, however, are focused on monitoring and advising on the implementation of

States’ regional treaty obligations, rather than designing and implementing technical

cooperation projects.

78. Looking forward, technical cooperation will be part and parcel of an effective third

cycle of the universal periodic review process (2017-2021), which will be crucial in

following up on and advancing human rights achievements at the national level in close

cooperation with governments and other national stakeholders and with the support of the

international community. States, national human rights institutions and civil society actors

will be able to count on technical cooperation support from the United Nations, but more

needs to be done to better align development and human rights efforts at the country level

in order to deal effectively with human rights gaps in implementation and thus address root

causes.

79. Technical cooperation has also proved to be a critical vehicle in support of and

contributing to national development objectives in line with human rights standards. At the

global level, the Millennium Development Goals, and now the Sustainable Development

Goals, have guided and are guiding national development policies, which have increasingly

translated into clearer State commitments to economic, social and cultural rights, as well as

civil and political rights. Addressing the causes of human rights violations is also part of the

Secretary-General’s renewed emphasis on prevention. Technical cooperation can play an

important role in implementing recommendations from the universal periodic review and

other human rights mechanisms, which is a crucial step towards development and crisis

prevention.

80. The 2030 Agenda recognizes that peace and security, development and human

rights are interrelated and mutually reinforcing. Member States have committed to securing

freedom from fear and freedom from want for all people, without discrimination. To this

end, OHCHR is working closely with partners within and beyond the United Nations

system to support the implementation of the 2030 Agenda for the full realization of human

rights. One of the sharpest tools it has in doing so is its technical cooperation programme,

which has gained impressive experience over the past decade in relation to the

mainstreaming of human rights into development plans. Here, the development by OHCHR

of human rights indicators will help the United Nations to better support States in

monitoring their progress towards the fulfilment of the Sustainable Development Goals and

the 2030 Agenda.