39/20 National institutions for the promotion and protection of human rights - Report of the Secretary-General

GE.18-13493(E)



Human Rights Council Thirty-ninth session 10–28 September 2018 Agenda items 2 and 8

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Follow-up to and implementation of the Vienna Declaration

and Programme of Action

National institutions for the promotion and protection of human rights

Report of the Secretary-General*, **

Summary

The present report is submitted pursuant to Human Rights Council resolution 33/15, in

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

resolution at its thirty-ninth session. It covers the period from September 2017 to August 2018.

The report contains information on the activities undertaken by the Office of the United

Nations High Commissioner for Human Rights (OHCHR) to establish and strengthen national

human rights institutions; on support provided by the United Nations Development Programme

and other United Nations agencies, funds and programmes to national human rights

institutions; on cooperation between institutions and the international human rights system; and

on support provided by OHCHR to the Global Alliance of National Human Rights Institutions

and relevant regional networks. It should be read in conjunction with the report of the

Secretary-General on the activities of the Global Alliance of National Human Rights

Institutions in accrediting national institutions in compliance with the principles relating to the

status of national institutions for the promotion and protection of human rights (A/HRC/39/21).

* The present report was submitted after the deadline in order to reflect the most recent information. ** The annexes to the present report are circulated as received, in the language of submission only.

United Nations A/HRC/39/20

Contents

Page

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

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

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

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

B. Support to regional and subregional initiatives of national human rights institutions .......... 7

C. Contributions to international initiatives supporting national human rights institutions ...... 8

III. Support from the United Nations Development Programme and other United Nations

agencies, funds and programmes to national human rights institutions ........................................ 8

IV. Cooperation between United Nations human rights mechanisms and national

human rights institutions ............................................................................................................... 9

A. Human Rights Council ......................................................................................................... 10

B. United Nations treaty bodies ................................................................................................. 11

C. Other United Nations mechanisms and processes ................................................................ 11

V. Role of national human rights institutions with A status ............................................................... 12

VI. Recommendations ......................................................................................................................... 12

A. Recommendations to Member States .................................................................................... 12

B. Recommendations to national human rights institutions ...................................................... 13

Annexes

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

(September 2017–March 2018) ..................................................................................................... 14

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

universal periodic review (2017–2018) ......................................................................................... 18

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

(September 2017–August 2018) .................................................................................................... 20

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 33/15,

in which the Council requested the Secretary-General to report to it on the implementation

of that resolution at its thirty-ninth session.

2. The present report outlines activities implemented since the previous report of the

Secretary-General on national institutions for the promotion and protection of human rights

to the General Assembly (A/72/277), i.e. between September 2017 and August 2018. It

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

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

accrediting national institutions in compliance with the principles relating to the status of

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

(A/HRC/39/21).

3. In resolution 33/15, the Human Rights Council commended the important role of the

Office of the United Nations High Commissioner for Human Rights (OHCHR) in assisting

the development of independent and effective national human rights institutions, in

accordance with the Paris Principles. It also recognized the potential for strengthened and

complementary cooperation among OHCHR, the Global Alliance of National Human

Rights Institutions, regional networks of national human rights institutions and national

human rights institutions in the promotion and protection of human rights. The Council also

encouraged the Secretary-General to continue to give high priority to requests from

Member States for assistance in the establishment and strengthening of national human

rights institutions in accordance with the Paris Principles.

4. It should be noted that, in its resolution 33/15, the Council also recognized the

importance of the independent voice of national human rights institutions in promoting and

protecting all human rights, particularly in the context of the implementation of the 2030

Agenda for Sustainable Development. It thus welcomed the adoption of the Mérida

Declaration on the role of national human rights institutions in implementing the 2030

Agenda for Sustainable Development.1

5. The existence of independent national human rights institutions compliant with the

Paris Principles has been recognized as an indicator of progress by States under Sustainable

Development Goal 16 to promote peaceful and inclusive societies for sustainable

development, provide access to justice for all and build effective, accountable and inclusive

institutions at all levels (see indicator 16.a.1).

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

A. Advisory services

6. The National Institutions, Regional Mechanisms and Civil Society Section is the

focal point within OHCHR for the coordination of the activities to establish and/or

strengthen national human rights institutions. Together with the field presences of OHCHR

and other United Nations entities, including the United Nations Development Programme

(UNDP), OHCHR assists Governments in establishing national human rights institutions

and/or contributes to building their capacity. In that context, OHCHR works closely with

regional intergovernmental organizations, academic institutions, civil society and other

stakeholders.

1 See A/HRC/31/NI/14, annex.

7. OHCHR provides technical and legal assistance to national human rights institutions

and other stakeholders, in particular regarding constitutional and legislative frameworks

relating to the establishment, nature, functions, powers and responsibilities of institutions. It

also conducts and supports comparative analyses, technical cooperation projects, needs

assessments and evaluation missions to establish national human rights institutions or

strengthen their capacity to discharge their mandate effectively.

8. During the period under review, OHCHR provided advice and/or assistance aimed at

establishing and/or strengthening human rights institutions in Afghanistan, Algeria,

Burkina Faso, Chad, Colombia, the Congo, the Cook Islands, Djibouti, Egypt, Iraq, Jordan,

Kazakhstan, Kenya, Kyrgyzstan, Liberia, Libya, Madagascar, Malaysia, Mali, Mauritania,

Oman, Pakistan, Qatar, the Russian Federation, South Sudan, Timor-Leste, Tajikistan,

Tunisia, Turkmenistan, Tuvalu, Uganda, Uzbekistan and the State of Palestine.

9. In some cases, this assistance was provided jointly with United Nations agencies,

funds and programmes and other partners.

1. Africa

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

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

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

Malawi, Mozambique, the Niger, Nigeria, Rwanda and Sierra Leone, and the human rights

components of the United Nations peace missions in the Central African Republic, the

Democratic Republic of the Congo, Guinea-Bissau, Liberia,2 Mali, Somalia, South Sudan

and the Sudan (in Darfur) continued, in consultation with OHCHR, to provide advice on

and assistance in the establishment and/or strengthening of national human rights

institutions.

11. During the period under review, OHCHR provided legislative advice to Chad, the

Congo and Djibouti for the establishment of a national human rights institution in

compliance with the Paris Principles.

12. In February and March 2018, OHCHR provided technical advice to the Kenya

National Commission on Human Rights and the Kenya National Bureau of Statistics on

how to use treaty body recommendations and good statistical practices to include data on

indigenous peoples, persons with albinism and intersex persons in the census of 2019.

OHCHR provided financial support to the Kenya National Commission on Human Rights

for the organization of a retreat in April 2018 on election-related sexual and gender-based

violence. In June 2018, OHCHR provided substantive support for a meeting between the

Commission and the Kenya National Bureau of Statistics on data-collection methodology

for indicators of Sustainable Development Goal 16 (16.1.1, 16.1.3, 16.3.1 and 16.10.1).

13. In December 2017, OHCHR provided technical support to the Independent National

Commission on Human Rights of Liberia for the development of a five-year strategic plan.

OHCHR also continued to provide technical and financial support for the development of a

complaint-handling mechanism that was launched in January 2018. It also provided

technical support to the Commission for the recruitment of three regional coordinators.

14. During the period under review, OHCHR provided legal and technical advice to the

Independent National Human Rights Commission of Madagascar. It conducted 22 training

sessions for the Commission’s staff and provided financial and technical support for the

Commission to conduct information campaigns on access to justice and remedies for

victims of human rights violations. In March 2018, OHCHR provided technical support for

the Commission’s mid-term evaluation to enhance its compliance with the Paris Principles.

15. In April 2018, OHCHR organized a workshop to strengthen the capacity of the

National Human Rights Commission of Mali to discharge its mandate in compliance with

the Paris Principles. OHCHR also financially supported the participation of a resource

person from the Network of African National Human Rights Institutions in that workshop.

2 The human rights component of the United Nations Mission in Liberia was closed on 31 March 2018.

16. In November 2017, the Human Rights Division of the United Nations Mission in

South Sudan (UNMISS) and the South Sudan Human Rights Commission jointly organized

a human rights forum on freedom of expression, gathering government officials, civil

society organizations and the media. On that occasion, they showed a video of the meeting

on South Sudan of the Working Group on the Universal Periodic Review so as to raise the

awareness of participants of the universal periodic review. In December 2017, the UNMISS

Human Rights Division and the South Sudan Human Rights Commission conducted a

series of events on gender-based violence in cooperation with the Government and non-

governmental actors. The UNMISS Human Rights Division assisted the Commission to

produce a fact sheet on its activities and to launch its 2017 annual report.

17. In March 2018, OHCHR, the Uganda Human Rights Commission and some

government agencies conducted two workshops on harnessing human rights indicators and

on the human rights-based approach to data collection in the measurement and

implementation of the Sustainable Development Goals in Uganda. The workshops also

focused on Goal 16 and related recommendations from international human rights

mechanisms.

2. Americas and the Caribbean

18. During the period under review, the OHCHR regional offices for South America and

for Central America, the country offices in Bolivia (Plurinational State of), 3 Colombia,

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

teams in Barbados, the Dominican Republic, Jamaica and Paraguay, and the human rights

component of the United Nations Mission for Justice Support in Haiti continued to provide

advice on and assistance in strengthening national human rights institutions, in consultation

with the OHCHR National Institutions, Regional Mechanisms and Civil Society Section.

19. During the period under review, OHCHR and the Defensoría del Pueblo of

Colombia conducted joint missions to ensure the peaceful resolution of societal conflicts

throughout the country. OHCHR also supported the engagement of the institution in the

universal periodic review of Colombia.

3. Asia and the Pacific

20. During the period under review, the OHCHR regional offices for Southeast Asia and

for the Pacific, the country offices in Cambodia and in the Republic of Korea, the human

rights advisers to the United Nations country teams in Bangladesh, Papua New Guinea, the

Philippines, Sri Lanka and Timor-Leste, and the human rights component of the United

Nations Assistance Mission in Afghanistan continued to provide advice and assistance for

the establishment or strengthening of national human rights institutions, in consultation

with the OHCHR National Institutions, Regional Mechanisms and Civil Society Section.

21. In Malaysia, OHCHR, UNDP and the Asia-Pacific Forum of National Human

Rights Institutions conducted a capacity assessment of the Human Rights Commission,

leading to the adoption of a plan of action.

22. OHCHR also provided advice to the National Commission for Human Rights of

Pakistan, including regarding its participation in treaty body reviews. In January 2018,

OHCHR and the Asia-Pacific Forum of National Human Rights Institutions conducted a

capacity assessment of the Commission in Pakistan. In February 2018, OHCHR conducted

training on the international human rights system for members and staff of the Commission.

23. OHCHR continued to provide support to the Ombudsman of Timor-Leste to conduct

human rights training for police officers. Since the launch of the programme in 2015, 611

police officers have benefited from this training. OHCHR also provided technical support

to the Ombudsman for the drafting of a comprehensive manual on human rights for armed

forces.

3 The OHCHR country office in the Plurinational State of Bolivia was closed in December 2017.

4. Europe and Central Asia

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

Central Asia, the United Nations human rights monitoring mission in Ukraine, the human

rights advisers for the South Caucasus, in the former Yugoslav Republic of Macedonia and

in Serbia, the human rights officer working with the United Nations country team in the

Republic of Moldova, the joint OHCHR-Russian Federation project and the Human Rights

Office in the United Nations Mission in Kosovo, continued to provide advice and assistance

for the establishment and/or strengthening of human rights institutions, in consultation with

the OHCHR National Institutions, Regional Mechanisms and Civil Society Section.

25. In Kyrgyzstan, OHCHR and UNDP provided support to the Ombudsman to develop

its capacity in preventing and countering violent extremism.

26. In September 2017, OHCHR, the Commissioner for Human Rights of the Russian

Federation and the city of Moscow jointly organized a round table on the promotion of

diversity and a discrimination-free environment in cities that would host the International

Federation of Association Football’s World Cup in 2018. In December 2017, OHCHR, the

Commissioner for Human Rights and the Forum of Women of Moscow jointly organized a

conference on domestic violence against women.

27. In Turkmenistan, OHCHR and UNDP facilitated a mission of the special envoy of

the Global Alliance of National Human Rights Institutions to draft a road map for the

development of an ombudsman institution compliant with the Paris Principles.

28. In Uzbekistan, OHCHR, UNDP, the Organization for Security and Cooperation in

Europe, the Friedrich Ebert Foundation and the National Human Rights Centre of

Uzbekistan organized a conference on international and regional practices in monitoring,

protecting and promoting human rights in the context of reforms related to human rights,

justice and gender equality.

5. Middle East and North Africa

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

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

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

and the State of Palestine, the human rights components of the United Nations Assistance

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

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

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

and Civil Society Section.

30. Together with the UNDP office in Algeria, OHCHR discussed with the National

Human Rights Council of Algeria the possibility of a technical cooperation programme

aimed at strengthening the Council’s capacity in discharging its mandate.

31. In March 2018, in the framework of the OHCHR technical cooperation programme

with the National Council for Human Rights of Egypt, OHCHR conducted a workshop on

Sustainable Development Goals 4, 5 and 8 for the staff of the Council, representatives of

various ministries, the Central Agency for Public Mobilization and Statistics, the National

Council for Women, the National Council for Disability Affairs, and several non-

governmental organizations.

32. In October 2017, OHCHR conducted a workshop on the role of national human

rights institutions in the implementation of recommendations from the universal periodic

review for staff members of the national human rights institution of Oman as well as

representatives of various ministries and civil society organizations.

33. OHCHR assisted the national human rights institution of Qatar in taking up cases

with the international human rights mechanisms, e.g. the special rapporteurs.

34. In October and November 2017, OHCHR conducted a workshop on human rights

indicators in the West Bank and the Gaza Strip for the staff of the Independent Commission

for Human Rights of the State of Palestine, with a focus on indicators 16.10.1, 16.b.1 and

16.1.2 of the Sustainable Development Goals. OHCHR also provided technical assistance

to the Commission in drafting its submission for the review of the initial report of the State

of Palestine by the Committee on the Elimination of Discrimination against Women.

OHCHR also provided technical assistance to strengthen the role of the Commission in

facilitating national consultations on State party reports to the treaty bodies.

35. The United Nations Human Rights Training and Documentation Centre for South-

West Asia and the Arab Region continued to cooperate with the Arab Network for National

Human Rights Institutions and the Asia-Pacific Forum of National Human Rights

Institutions to strengthen the capacity of national human rights institutions in the region

(Algeria, Egypt, Iraq, Jordan, Libya, Mauritania, Oman, Qatar, Tunisia and the State of

Palestine). In October 2017, in cooperation with the Asia-Pacific Forum of National Human

Rights Institutions, the Centre organized training on the interaction between national human

rights institutions and the United Nations treaty bodies. In December 2017, it organized

jointly with the Arab Network for National Human Rights Institutions a workshop on the

role of national human rights institutions in monitoring and documenting human rights

violations and on handling complaints.

B. Support to regional and subregional initiatives of national human rights

institutions

1. Africa

36. In November 2017, OHCHR provided financial support to and participated in the

Eleventh Biennial Conference of the Network of African National Human Rights

Institutions in Kigali, which resulted in a declaration underscoring the role of national

human rights institutions in monitoring the implementation of the 2030 Agenda for

Sustainable Development and of Agenda 2063 of the African Union.

37. In April 2018, OHCHR, the United Nations Office for West Africa and the Sahel,

the Economic Community of West African States and the West African Network of National Human Rights Institutions organized regional consultations for the national human

rights institutions in West Africa to enhance their capacity to promote and protect human

rights, with a focus on peace and security, migrants and gender perspectives.

38. Also in April 2018, OHCHR, the National Human Rights Council of Morocco, the

Francophone Association of National Human Rights Commissions and the International

Organization of La Francophonie organized a workshop to share best practices in the

accreditation process of national human rights institutions for the staff of the national

human rights institutions of Belgium, Burkina Faso, the Democratic Republic of the Congo,

Djibouti, Madagascar and Mali.

2. Asia and the Pacific

39. In September 2017, OHCHR participated in the Second Conference on Global

Ageing and Human Rights of Older Persons including on the role of national human rights

institutions, held in Seoul within the framework of the Asia-Europe Meeting.

40. In March 2018, in the margins of the Fifth Asia-Pacific Forum on Sustainable

Development, OHCHR, the Co-Chairs of the Regional United Nations Development Group,

the Asia-Pacific Human Rights Network, the Government of Denmark, the Danish Institute

for Human Rights and the Indigenous Peoples’ Major Group for Sustainable Development

jointly organized a side event on human rights and the 2030 Agenda with a focus on Goal

17: strengthen the means of implementation and revitalize the Global Partnership for

Sustainable Development.

3. Europe and Central Asia

41. OHCHR chaired a meeting on the human rights of older persons during the meeting

of the General Assembly of the European Network of National Human Rights Institutions,

in November 2017.

42. In November 2017, OHCHR and UNDP organized the second regional consultation

of Central Asian national human rights institutions, in the framework of the Central Asia

Support Initiative for National Human Rights Institutions. The meeting resulted in the

adoption of a statement by the five national human rights institutions regarding their

cooperation. In February 2018, during the annual meeting of the Global Alliance of

National Human Rights Institutions, OHCHR, UNDP and the Global Alliance of National

Human Rights Institutions jointly organized a side event on their tripartite partnership in

support of national human rights institutions in Central Asia. In April 2018, OHCHR and

UNDP supported the second forum of national preventive mechanisms against torture,

organized by the Ombudsman of Kazakhstan for the national human rights institutions in

Central Asia.

4. Middle East and North Africa

43. In October 2017, OHCHR participated in the annual meeting of the Arab Network

for National Human Rights Institutions, held in Algiers, and held bilateral meetings with

participating national human rights institutions to discuss the accreditation process and/or

further cooperation with a view to strengthening their capacity to discharge their mandate in

conformity with international standards.

C. Contributions to international initiatives supporting national human

rights institutions

1. Global Alliance of National Human Rights Institutions

44. The Statute of the Global Alliance of National Human Rights Institutions provides

that its general and Bureau meetings, the meetings of the Subcommittee on Accreditation

and international conferences of the Global Alliance shall be held under the auspices of,

and in cooperation with, OHCHR. Thus, OHCHR provided financial and substantive

support, as well as secretariat services, to the annual meeting of the Global Alliance, in

February 2018, its two Bureau meetings, in November 2017 and February 2018, and the

two sessions of the Subcommittee on Accreditation (see para. 46 below).

45. As indicated throughout the present report, OHCHR also continued to provide

financial support to various projects of the Global Alliance.

2. Subcommittee on Accreditation

46. OHCHR continued to provide substantive support, technical advice and secretariat

services to the Subcommittee on Accreditation. During the period under review, the

Subcommittee met twice, in November 2017 and May 2018, and reviewed 24 institutions.

3. Fellowship programme for staff of national human rights institutions

47. OHCHR maintains its fellowship programme for staff members of national human

rights institutions with A status. Initiated in 2008, the programme is designed to provide

fellows with information on and working experience with the international human rights

system, and to familiarize them with the work of OHCHR in the promotion and protection

of human rights. During the period under review, fellows from the human rights institutions

of Albania, Morocco, Nigeria, Serbia, Uganda and the United Republic of Tanzania

participated in the programme.

III. Support from the United Nations Development Programme and other United Nations agencies, funds and programmes to national human rights institutions

48. OHCHR, UNDP and the Global Alliance of National Human Rights Institutions

entered into a strategic tripartite partnership in 2011 to support national human rights

institutions at the global, regional and national levels. In line with their mandate, each

partner brings specific expertise to the partnership in support of national human rights

institutions around the world. In February 2017, the leadership of the three partners signed

a letter of intent formalizing their commitment to enhancing their cooperation. In June 2018,

during the meeting to review their tripartite partnership, the partners continued to discuss

areas of strategic priority and engagement, including a common understanding of their own

role and that of national human rights institutions in the context of the 2030 Agenda,

particularly Goal 16.

49. In September 2017, UNDP, the Commission of the African Union and the Network

of African National Human Rights Institutions organized a forum on the nexus between

strong human rights institutions and national development. During the period under review,

UNDP also supported the establishment of a national human rights institution in Botswana

and in the Gambia. In Sierra Leone, UNDP provided technical expertise to the national

human rights institution to monitor the elections and supported the development of a tool to

monitor the implementation of universal periodic review and treaty body recommendations.

In Zimbabwe, UNDP provided technical and advisory support to the Human Rights

Commission to develop a strategy to monitor human rights in the electoral cycle, to design

a campaign on the right to vote and to develop an electronic system to handle complaints. It

also provided advice to the Commission on how to conduct visits to prisons, mental health

institutions, and care homes for seniors and children.

50. In the Asia-Pacific region, UNDP and the Asia-Pacific Forum of National Human

Rights Institutions continued to implement projects on the protection of the rights of lesbian,

gay, bisexual, transgender and intersex persons for the national human rights institutions of

Bangladesh, Fiji, the Philippines, Samoa, Sri Lanka and Timor-Leste. In April 2018, UNDP

and the National Human Rights Commission of Nepal jointly organized a conference for

national human rights institutions in South Asia on addressing impunity and realizing

human rights. In the Philippines, UNDP supported the Commission on Human Rights to

advocate for the adoption of a bill to address all forms of discrimination and violence based

on ethnicity, race, religion, sex, gender, sexual orientation, gender identity, expression,

language, disability, HIV status and educational attainment. In Sri Lanka, UNDP signed a

letter of agreement with the Human Rights Commission with a view to strengthening its

capacity.

51. In Europe and Central Asia, UNDP supported the national human rights institutions

of Armenia and Ukraine to strengthen their capacity. UNDP and the European Union

provided support to the Public Defender of Georgia to host the International Conference on

Business and Human Rights in December 2017. UNDP and the European Network of

National Human Rights Institutions cooperated on a number of regional initiatives with the

national human rights institutions of Armenia, Azerbaijan, Georgia, the Republic of

Moldova and Ukraine.

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

52. Some national human rights institutions monitored the implementation of

recommendations and observations formulated by the international human rights system.

As independent bodies with a mandate to advise the authorities, they linked these

recommendations to policymakers, especially Governments and parliaments. In addition,

many national human rights institutions served as a bridge between the State and civil

society, promoting broad-based participation in shaping policies and implementing

recommendations from the international human rights system.

53. In May 2018, OHCHR, the Global Alliance of National Human Rights Institutions,

the United Nations Institute for Training and Research and the Friedrich Ebert Foundation

organized a one-week training course for 13 staff members of national human rights

institutions with A status to better engage with the international human rights system.

A. Human Rights Council

54. In coordination with the Global Alliance, OHCHR continued to support the

engagement of national human rights institutions with the Human Rights Council and its

mechanisms.

55. In accordance with the rules of procedure of the Human Rights Council, which

enable the participation of national human rights institutions compliant with the Paris

Principles in its sessions, 23 national human rights institutions delivered statements (9 in

writing and 44 orally, including 17 by video),4 submitted documentation, participated in

general debates, organized parallel events or interacted with special procedure mandate

holders (see annex I).

1. Universal periodic review

56. In accordance with Human Rights Council resolution 16/21 and General Assembly

resolution 65/281, the stakeholders’ reports include a section dedicated to the contributions

of national human rights institutions.

57. In November 2017, during the twenty-eighth session of the Working Group on the

Universal Periodic Review, six institutions with A status and one with B status submitted

information for reports summarizing information from stakeholders. In January 2018, at the

twenty-ninth session of the Working Group, three institutions with A status and one with B

status submitted input for stakeholders’ reports. During the thirtieth session of the Working

Group in May 2018, four institutions with A status and one with B status submitted

information for the stakeholders’ report (see annex II).

58. Given the role that national human rights institutions can play in the follow-up to the

universal periodic review and in developing tools to monitor and assess progress in the

implementation of the recommendations, OHCHR continued to support and encourage their

participation in the review.

2. Special procedures

59. In accordance with Human Rights Council resolution 16/21 and General Assembly

resolution 65/281, during sessions of the Human Rights Council, institutions with A status

are able to intervene immediately after the State concerned during the interactive dialogue

between the Council and special procedure mandate holders following their presentation of

their country mission reports. Furthermore, institutions with A status may nominate

candidates for special procedure mandates.

60. The Special Rapporteur on the human rights of internally displaced persons has

strengthened her engagement with national human rights institutions. In September 2017,

she participated in the annual conference of South-East Asian national human rights

institutions and, in November 2017, she facilitated a session on the impact of conflict on

internally displaced persons and refugees and the role of national human rights institutions

during the biennial conference of the Asia-Pacific Forum. During the annual meeting of the

Global Alliance of National Human Rights Institutions in February 2018, the Special

Rapporteur organized a side event on the work of national human rights institutions with

the Guiding Principles on Internal Displacement and a workshop for selected national

human rights institutions to share their experience in addressing internal displacement.

3. Expert Mechanism on the Rights of Indigenous Peoples

61. A session of the annual meeting of the Global Alliance of National Human Rights

Institutions was dedicated to developing guidelines on the collaboration of the Expert

4 Compared with the previous reporting period (September 2016–August 2017), there was a decrease of 53

per cent in the number of written statements submitted by national institutions and an increase of 5 per cent

in the number of oral statements. Participation through video statements increased by 12 per cent between

the two reporting periods and by 140 per cent between the previous reporting period and the thirty-sixth and

thirty-seventh sessions of the Human Rights Council.

Mechanism on the Rights of Indigenous Peoples with national human rights institutions.

The latter were also invited to submit information for a study by the Expert Mechanism on

free, prior and informed consent, to be submitted to the Human Rights Council at its thirty-

ninth session. At its annual session in July 2018, the Expert Mechanism held an interactive

dialogue with national human rights institutions.

B. United Nations treaty bodies

62. OHCHR continued to support the engagement of national human rights institutions

with United Nations treaty bodies. OHCHR, as the secretariat of the treaty bodies, and the

Geneva representative of the Global Alliance of National Human Rights Institutions liaised

with national human rights institutions of States under review to encourage them to provide

written or oral information and/or to attend the sessions of treaty bodies. The OHCHR

National Institutions, Regional Mechanisms and Civil Society Section continued to prepare

briefing notes on national human rights institutions for the attention of treaty bodies and to

disseminate relevant recommendations and concluding observations of treaty bodies to the

national institutions.

63. During the reporting period, the treaty bodies reviewed 132 States parties, of which

89 had national human rights institutions. Of these institutions, 57 submitted information

and 43 provided briefings to treaty bodies (see annex III).

64. In comparison with the previous reporting period, there was an increase of 5 per cent

in the submission of information to treaty bodies and of 14 per cent in the number of

national human rights institutions providing briefings to them.

65. Treaty bodies continued to provide national human rights institutions with

information notes, advice and tools to facilitate their effective engagement and have invited

their representatives to their meetings.

66. At its sixty-ninth session, the Committee on the Elimination of Discrimination

against Women decided to establish a working group consisting of its members and

national human rights institutions with a view to enhancing their interaction in a more

structured manner.

67. In March 2018, OHCHR, the Global Alliance of National Human Rights Institutions

and the International Disability Alliance organized the first interactive annual debate with

independent monitoring frameworks and national human rights institutions. The debate

focused on national human rights institutions sharing best practices in monitoring article 19

of the Convention on the Rights of Persons with Disabilities and on the participation of

persons with disabilities in monitoring activities at the national level. The discussion

resulted in the adoption of a joint declaration to establish a follow-up group, comprised of

national human rights institutions and other independent monitoring frameworks, to

develop a common framework to monitor the implementation of article 19.

C. Other United Nations mechanisms and processes

68. In December 2017, the Open-ended Working Group on Ageing invited national

human rights institutions to attend and contribute to its ninth session, in July 2018.

69. In March 2018, national human rights institutions participated in the sixty-second

session of the Commission on the Status of Women, which, in its agreed conclusions,

encouraged its secretariat to continue considering how to enhance the participation of

national human rights institutions fully compliant with the Paris Principles, in accordance

with the rules of procedure of the Economic and Social Council.

70. In June 2018, national human rights institutions were accredited to the Conference

of States Parties to the Convention on the Rights of Persons with Disabilities. The Global

Alliance of National Human Rights Institutions delivered a statement at the Conference and

hosted a side event, in cooperation with the Committee on the Rights of Persons with

Disabilities, the International Disability Alliance and UNDP.

71. National human rights institutions with A status participated in all stages of the

development of the global compact for migration, including intergovernmental negotiations

leading to the 2018 Intergovernmental Conference.

V. Role of national human rights institutions with A status

72. In 1993, the General Assembly welcomed the Paris Principles, while the World

Conference on Human Rights encouraged the establishment and strengthening of national

institutions with respect to the Paris Principles, reaffirming the important and constructive

role they play in the promotion and protection of human rights.

73. By July 2018, i.e. 25 years later, 112 institutions had been accredited in accordance

with these principles, of which 80 with A status and 32 with B status. Of the 80 institutions

with A status, 21 are operating in Africa, 15 in the Americas and the Caribbean, 16 in Asia

and the Pacific, and 28 in Europe.

74. The Human Rights Council and the General Assembly both recognized the role of

OHCHR in assisting the development of independent and effective national human rights

institutions.5 Both bodies have also recognized the important role of national human rights

institutions fully compliant with the Paris Principles as key partners of the United Nations,

granting them enhanced participatory rights in United Nations mechanisms and processes.

Being more visible, institutions with A status may face reprisals and other acts of

intimidation, in relation to their cooperation with United Nations mechanisms and

processes. In its resolution 33/15, the Human Rights Council stressed that national human

rights institutions and their members and staff should not face any form of reprisal or

intimidation, including political pressure, physical intimidation, harassment or unjustifiable

budgetary limitations, as a result of activities undertaken in accordance with their respective

mandates, including when taking up individual cases or when reporting on serious or

systematic violations in their countries.

75. National human rights institutions in full compliance with the Paris Principles have

been recognized as playing a key role in the implementation and follow-up to the 2030

Agenda for Sustainable Development. OHCHR, UNDP, the Global Alliance of National

Human Rights Institutions and the four regional networks of national human rights

institutions have supported national human rights institutions to implement the Mérida

Declaration.

VI. Recommendations

A. Recommendations to Member States

76. Member States should establish national human rights institutions compliant

with the Paris Principles.

77. Member States should fully observe the independence of existing institutions

and support their strengthening to enable the effective fulfilment of their mandate,

taking into account the recommendations of the Subcommittee on Accreditation of the

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

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

provided with a broad mandate to protect and promote all human rights, including

economic, social and cultural rights, and are granted adequate powers of investigation

into allegations of human rights violations, including the competency to visit places of

deprivation of liberty.

5 See General Assembly resolution 72/181.

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

provided with adequate human and financial resources and the autonomy necessary

to freely propose and manage their own budgets and recruit their own staff members.

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

participatory selection and appointment process for members and staff of national

human rights institutions in their founding law.

81. Member States should ensure that members and staff of national human rights

institutions enjoy immunity while discharging their functions in good faith; take the

measures necessary to protect them against threats and harassment; ensure the

prompt, thorough and impartial investigations into alleged reprisals or intimidation

against members and staff of institutions, or against individuals who cooperate or seek

to cooperate with them, and ensure perpetrators are held accountable.

82. Member States should establish effective mechanisms to prevent cases of

reprisals against national human rights institutions, including early warning

mechanisms, human rights education and awareness-raising programmes.

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

to sustain high-quality support for the establishment and strengthening of national

human rights institutions and to provide the secretariat support to the Global Alliance

of National Human Rights Institutions and its Subcommittee on Accreditation.

B. Recommendations to national human rights institutions

84. National human rights institutions should seek regular and constructive

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

legislation, policies and programmes.

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

cooperation with civil society organizations and strengthen their capacity to

participate meaningfully in the promotion and protection of human rights.

86. National human rights institutions should contribute to deliberations of United

Nations mechanisms and processes, including in discussions on the implementation of

the 2030 Agenda for Sustainable Development.

87. National human rights institutions should continue to advocate for their

independent participation in relevant United Nations mechanisms and processes,

including the 2030 Agenda.

88. National human rights institutions should contribute to preventing and

addressing cases of reprisals, and establish protective measures and mechanisms for

the protection of human rights defenders.

89. National human rights institutions should continue to engage with international

and regional human rights mechanisms and to promote the implementation of their

recommendations.

Annex I

Submissions from national human rights institutions to the Human Rights Council (September 2017–March 2018)

Country/institution Segment Date

Global Alliance of National Human Rights Institutions

General segment Video statement

February 2018

Australian Human Rights Commission

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

March 2018

National Human Rights Commission of Mexico

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

March 2018

Global Alliance of National Human Rights Institutions

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

March 2018

People’s Advocate of Albania

Agenda item 3 Special Rapporteur on freedom of religion Video statement

March 2018

National Human Rights Council of Morocco

Agenda item 3 Joint study on transitional justice

March 2018

Office of the Counsel for Human Rights of Guatemala

Agenda item 6 Universal periodic review outcome of Guatemala

March 2018

National Human Rights Commission of the Republic of Korea

Agenda item 6 Universal periodic review outcome of the Republic of Korea

March 2018

Human Rights Commission of Zambia

Agenda item 6 Universal periodic review outcome of Zambia Video statement

March 2018

Independent Commission for Human Rights of the State of Palestine

Agenda item 7 Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 Video statement

March 2018

Afghanistan Independent Human Rights Commission

Agenda item 10 Other High Commissioner/Secretary-General country reports or oral briefings Video statement

March 2018

Office of the Ombudsman of Haiti

Agenda item 10 Other High Commissioner/Secretary-General country reports or oral briefings

March 2018

Global Alliance of National Human Rights Institutions

Annual high-level panel discussion on human rights mainstreaming The promotion and protection of human rights in the light of the universal periodic review mechanism: challenges and opportunities

February 2018

National Human Rights Commission of

Annual high-level panel discussion on human rights mainstreaming

February 2018

Country/institution Segment Date

Mauritania The promotion and protection of human rights in the light of the universal periodic review mechanism: challenges and opportunities

Global Alliance of National Human Rights Institutions

High-level panel discussion on the seventieth anniversary of the Universal Declaration of Human Rights and the twenty- fifth anniversary of the Vienna Declaration and Programme of Action Video statement

February 2018

Australian Human Rights Commission

Annual debate on the rights of persons with disabilities Video statement

March 2018

Australian Human Rights Commission

Debate on promoting tolerance in context of racial discrimination Video statement

March 2018

Equality and Human Rights Commission of Great Britain (also on behalf of the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission)

Debate on promoting tolerance in context of racial discrimination Video statement

March 2018

National Human Rights Council of Morocco

Agenda item 3 Special Rapporteur on truth, justice, reparation and non- recurrence

September 2017

Ombudsman of Portugal

Agenda item 3 Special Rapporteur on water and sanitation

September 2017

National Human Rights Commission of Mexico

Agenda item 3 Special Rapporteur on water and sanitation Video statement

September 2017

National Human Rights Commission of the Republic of Korea on behalf of the Global Alliance of National Human Rights Institutions

Agenda item 3 Special Rapporteur on the rights of older persons Video statement

September 2017

National Human Rights Council of Morocco

Agenda item 3 Special Rapporteur on the rights of older persons

September 2017

Northern Ireland Human Rights Commission (also on behalf of the Equality and Human Rights Commission of Great Britain and the Scottish Human Rights Commission)

Agenda item 3 Special Rapporteur on hazardous wastes Video statement

September 2017

National Human Rights Committee of Qatar

Agenda item 3 Special Rapporteur on coercive measures

September 2017

Country/institution Segment Date

Australian Human Rights Commission

Agenda item 3 and 5 Special Rapporteur on indigenous peoples Video statement

September 2017

Office of the Ombudsman of Ecuador on behalf of the Global Alliance of National Human Rights Institutions

Agenda item 3 and 5 Expert Mechanism on the Rights of Indigenous Peoples

September 2017

Independent National Commission on Human Rights in Burundi

Agenda item 4 Interactive dialogue with the commission of inquiry on Burundi

September 2017

Global Alliance of National Human Rights Institutions

Agenda item 5 General debate

September 2017

Office of the Ombudsman of Ecuador

Agenda item 6 Universal periodic review outcome of Ecuador

September 2017

National Human Rights Council of Morocco

Agenda item 6 Universal periodic review outcome of Morocco

September 2017

National Commission on Human Rights of Indonesia

Agenda item 6 Universal periodic review outcome of Indonesia

September 2017

Finnish Human Rights Centre

Agenda item 6 Universal periodic review outcome of Finland

September 2017

Equality and Human Rights Commission of Great Britain (also on behalf of the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission)

Agenda item 6 Universal periodic review outcome of the United Kingdom of Great Britain and Northern Ireland

September 2017

National Human Rights Commission of India

Agenda item 6 Universal periodic review outcome of India

September 2017

Commission on Human Rights of the Philippines

Agenda item 6 Universal periodic review outcome of the Philippines

September 2017

Human Rights Defenders of Poland

Agenda item 6 Universal periodic review outcome of Poland

September 2017

Netherlands Institute for Human Rights

Agenda item 6 Universal periodic review outcome of the Netherlands Video statement

September 2017

South African Human Rights Commission

Agenda item 6 Universal periodic review outcome of South Africa

September 2017

German Institute for Human Rights

Agenda item 9 Interactive dialogue with the Working Group on African Descent

September 2017

Country/institution Segment Date

National Human Rights Committee of Qatar

Biennial panel discussion on unilateral coercive measures and human rights

September 2017

Global Alliance of National Human Rights Institution (on behalf of the Office of the Ombudsman of Argentina, the Danish Institute for Human Rights, the German Institute for Human Rights, the Commission on Human Rights and Administrative Justice of Ghana and the National Commission on Human Rights of Indonesia)

Annual discussion on integration of a gender perspective September 2017

Office of the Ombudsman of Ecuador

Annual panel discussion on the rights of indigenous peoples September 2017

Australian Human Rights Commission

Annual panel discussion on the rights of indigenous peoples Video statement

September 2017

Annex II

Engagement of national human rights institutions in the third cycle of the universal periodic review (2017–2018)

Thirtieth session of the Working Group on the Universal Periodic Review (2018)

State (in order of review)

Written contribution for summary

(as used)a

Oral statement to Human Rights Council during the adoption

of the outcome of the universal periodic review of the country

concerned (A status national human rights institutions only)b

Germany Yes (A status) ..

Colombia Yes (A status) ..

Canada Yes (A status) ..

Bangladesh Yes (B status) ..

Russian Federation Yes (A status) ..

Azerbaijan ..

Cameroon ..

Twenty-ninth session of the Working Group on the Universal Periodic Review (2018)

State (in order of review)

Written contribution for summary

(as used)a

Oral statement to Human Rights Council during the adoption

of the outcome of the universal periodic review of the country

concerned (A status national human rights institutions only) c

France Yes (A status) ..

Mali ..

Burundi ..

Luxembourg Yes (A status) ..

Montenegro Yes (B status) ..

Serbia Yes (A status) ..

Twenty-eighth session of the Working Group on the Universal Periodic Review (2017)

State (in order of review)

Written contribution for summary

(as used)a

Oral statement to Human Rights Council during the adoption

of the outcome of the universal periodic review of the country

concerned (A status national human rights institutions only)

Argentina Yes (A status) No statement made

Ghana No statement made

Peru Yes (A status) No statement made

Guatemala Yes (A status) Agenda item 6 (thirty-seventh session of the Human Rights Council) Universal periodic review of Guatemala

Republic of Korea Yes (A status) Agenda item 6 (thirty-seventh session of the Human Rights Council) Universal periodic review of the Republic of Korea

State (in order of review)

Written contribution for summary

(as used)a

Oral statement to Human Rights Council during the adoption

of the outcome of the universal periodic review of the country

concerned (A status national human rights institutions only)

Zambia Yes (A status) Agenda item 6 (thirty-seventh session of the Human Rights Council) Universal periodic review of Zambia

Ukraine Yes (A status) No statement made

Sri Lanka Yes (B status) No statement made

a “Yes” appears only where institutions made written contributions. b To be considered at the meeting of the Human Rights Council in September 2018. c To be considered at the meeting of the Human Rights Council in June 2018.

Annex III

Engagement of national human rights institutions in the work of the treaty bodies (September 2017–August 2018)

Committee

Number of

States parties

reviewed

Number of

States parties

with a

national

human rights

institution

Submission

of

information Briefing

Committee against Torture 8 7 4 3

Committee on the Elimination of Racial

Discrimination 12 9 5 2

Committee on Economic, Social and Cultural Rights 19 9 9 8

Human Rights Committee 18 13 6 6

Committee on the Elimination of Discrimination

against Women 20 10 5 6

Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families 14 12 10 4

Committee on the Rights of the Child 23 13 9 6

Committee on the Rights of Persons with

Disabilities 13 12 9 8

Committee on Enforced Disappearances 5 4 0 0

Total 132 89 57 43