UN IN THE FIELD

UN HUMAN RIGHTS IN AND CENTRAL ASIA

LEGEND: Europe * Russian (Brussels) (UNMIK) Federation Spotlights:

Disabili­ ties­

Youth

Ukraine Women

Central Asia (Bishkek) Shifts:

Global constituency Republic of South Moldova (Tbilisi) Prevention

Civic space

Republic of North Climate change Geneva Macedonia

Corruption

Inequalities

TYPE OF PRESENCE LOCATION New technologies

Headquarters Geneva People on the move

Country/Stand-alone Offices/ SDGs: Ukraine (HRMMU) Human Rights Missions

Central Asia (Bishkek, Kyrgyz Republic) Regional Offices/Centres Europe (Brussels, Belgium)

Human rights components Kosovo* (UNMIK) of UN Peace/Political Missions

Belarus, Montenegro, Republic of North Human Rights Advisers Macedonia, Republic of Moldova, Serbia, South deployed under the Caucasus (based in Tbilisi, covering , framework of the UNSDG Azerbaijan and Georgia)

Other types of field presences Russian Federation

* Hereinafter, all references to Kosovo should be understood in full compliance with United Nations Security Council resolution 1244 and without prejudice to the status of Kosovo.

UN HUMAN RIGHTS REPORT 2019 333 UN HUMAN RIGHTS IN THE FIELD

In 2019, the work of OHCHR in Europe vulnerable and marginalized groups, and Central Asia comprised 54 coun- such as Roma, people of African descent, tries and nine disputed territories. persons with disa­bili­ties, migrants and OHCHR expanded its presence in the sexual minorities; the arbitrary depriva- region by deploying two new human tion of liberty and the use of torture and rights advisers to UN Country Teams other cruel, inhuman or degrading treat- (UNCTs) in Montenegro and Moldova. ment or punishment against persons in The Office strengthened its engage- detention; and insufficient accountability ment with regional organizations and for human rights vio­lations committed national authorities through its Regional by State agents creating a sense of Offices for Europe and for Central impunity. The Office further noted the Asia; Human Rights Advisers (HRAs) continued expression and exploitation in , Serbia and the of racism and xenophobia by some polit- South Caucasus; the project team in the ical leaders; limitations to the enjoyment Russian Federation; the Human Rights of socio-economic rights, includ­ing Office in the UN Mission in Kosovo*; and non-discriminatory access to services; the UN Human Rights Monitoring Mission gender inequality and domestic vio­lence; in Ukraine (HRMMU). OHCHR maintained and important development disparities. a non-resident agency status in , contributing to the Common Country To address these challenges, OHCHR Analy­sis, the forthcoming United Nations carried out monitoring and assessment Sustainable Development Cooperation missions to Italy (racism and incitement Framework (UNSDCF) process and a joint to racial hatred and discrimination) and OHCHR-United Nations Development , accompa- Coordination Office (UNDCO) strategy nying the Special Rapporteur on the to address human rights issues across human rights of migrants. The Office the UN system in support of the 2030 also promoted principles for human Agenda for Sustainable Development. rights engagement with non-State armed groups and de facto authorities through During the reporting period, the Europe mandated reports on the question of and Central Asia region faced multifac- human rights in , on coopera- eted challenges to human rights. These tion with Georgia and through quarterly included actions to restrict civic space, thematic reports to the Human Rights includ­ing criticism of State policies and Council (HRC) on the human rights sit- the activities of human rights defenders uation in Ukraine. Inputs were provided (HRDs); attempts to limit or discourage to the annual reports of the Secretary- the holding of peaceful assemblies; General to the General Assembly on challenges to the rule of law and the internally displaced persons in Georgia/ independence of the judiciary; persist- Abkhazia/South Ossetia and to the ing tensions stemming from unresolved report to the General Assembly on the frozen conflicts and disputed territories, human rights situation in Crimea. includ­ing challenges related to the pro- tection of human rights of populations OHCHR continued providing advisory living in territories controlled by de services, technical cooperation and facto authorities. training for govern­ments, regional organizations, national human rights Other reported challenges included institutions (NHRIs), equality bodies, discrimination and attacks affecting civil society, human rights defenders,

334 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

UN peacekeeping operations and Bosnia and Herzegovina, Kazakhstan UN country or regional teams in their and Turkmenistan, among others engagement with the international During the year, the Europe and Central human rights mechanisms, includ­ing Asia Section strengthened cooper- through a training for 16 UNCT mem- ation with regional organizations, bers from Bosnia and Herzegovina, notably through close cooperation with Kosovo, Montenegro, North Macedonia the (EU) institutions and Serbia. Furthermore, the Office and , parti­ci­pation advanced the application of a human in the Organization for Security and rights-based approach (HRBA) to data Cooperation in Europe (OSCE) Human by training stakeholders from Albania Dimension Implementation Meeting and and Kosovo. In October, OHCHR and in meetings with other regional groups the UN Peacekeeping Force in Cyprus and organizations. This included a (UNFICYP) delivered a human rights workshop on the role of NHRIs in peace- training course for the police component building in Europe; the Global Alliance of UNFICYP. for National Human Rights Institutions Through direct engagement and com- (GANHRI) accreditation procedure involv- munication with Member States, remote ing NHRIs from , Hungary, Russia monitoring and public advocacy,­ the and Ukraine; the High Commissioner’s Office identified early warning signs of meeting with the European Union potential human rights vio­lations and Fundamental Rights Agency and a impending crises and encouraged the retreat on UN reforms in Central Asia, development and implementation of organized by the UN Regional Centre for recommendations to address such situa- Preventive Diplomacy for Central Asia tions. In line with the Secretary-General’s (UNRCCA) and Resident Coordinators prevention agenda, OHCHR analysed in Bishkek. situations carrying risks of human Throughout 2019, OHCHR ensured rights vio­lations and ensured real-time that targeted support was provided to reporting through regular updates and missions of the High Commissioner, submissions to the United Nations includ­ing to Amsterdam/the Hague, Operations and Crisis Centre. The Office Berlin, Dublin, Ljubljana, , also actively supported the implementa- Porto/Lisbon, St. Petersburg and tion of the Secretary-General’s Western Stockholm. Support was also provided Balkans Action Plan, adopted in June, to other high-level missions, includ­ing by expanding human rights presences in those of the Deputy High Commissioner the region (Montenegro) and organizing to Belfast, Copenhagen, and a workshop for Western Balkans country the Hague. presences in order to streamline efforts and prepare for a scoping mission on transitional justice in 2020. OHCHR supported the roll out of 12 UNSDCFs in the region by providing sup- port to the UNCTs to deliver on the 2030 Agenda. This included parti­ci­pation in the Istanbul Regional Workshop on the new UNSDCF and input into the Common Country Analyses of Azerbaijan, Belarus,

UN HUMAN RIGHTS REPORT 2019 335 UN HUMAN RIGHTS IN THE FIELD

BELARUS Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 9.45 million 208,000 km² 0.817 (rank: 50/188 in 2018) NA

Type of engagement Human Rights Adviser

Year established 2018

Field office(s) Minsk

United Nations Development Assistance UN partnership framework Framework 2016-2020

Staff as of 31 December 2019 1

XB requirements 2019 US$275,000

Key OMP pillars in 2019

1 2 3 Please refer to Data sources and notes on p.208.

PILLAR RESULTS:

Accountability (A) A1 – Strengthened provision of legal aid Resident Coordinator (RC) and UNCT was to introduce participants to to groups in vulnerable situations, includ­ used systematically during the report- progressive Portuguese practices in the ing women victims of vio­lence, Roma, ing period. The Resident Coordinator field of anti-drug legislation, in particular persons with disa­bili­ties. Strengthened significantly increased advo­cacy in this relating to alternatives to detention and use of oversight mechanisms for places area, includ­ing by sending two letters to the use of a people-centred approach of detention and increased use of alter- the Parliament, meeting with civil society in medical services and rehabilitation. natives to detention. representatives and convening a joint UN Sixteen participants representing a briefing for the diplomatic community. broad range of authorities involved in Following advo­cacy that was undertaken decision-making on drug-related issues by the UN and civil society on the inclu- visited the General-Directorate for The Office contributed to improving the sion of drug offenders in the Amnesty Intervention on Addictive Behaviours compliance of drug policy and legislation, Law, those convicted under article and Dependencies, the Ministry of oversight mechanisms for detention and 328 (1), (2) and (3) were included in the Justice and the Ministry of the Interior. the use of alternatives to detention with draft law that was eventually adopted. They also observed the implementation international human rights standards. According to its provisions, minors con- of the Mobile Low Threshold Methadone victed under article 328 (part 1-3) of the Programme and other successful prac- Throughout 2019, OHCHR continued Criminal Code of Belarus were granted a tices that are being applied in Portugal. advocating for bringing drug policy reduction of their sentences. Following the study tour, OHCHR orga- and legislation in line with international nized a consultation for the participants human rights standards. The Office In July, the Office organized a study visit in the study visit and other relevant prepared an advo­cacy strategy on the on drug policy for Belarussian authori- stakeholders on the “Implementation drug policy in Belarus, which the UN ties. The objective of the visit to Lisbon, of drug policy in Belarus based on the

336 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

experience of the Republic of Portugal: faith-based organizations. In conjunc- govern­ment legal experts and two mem- Basic approaches and practices” to tion with the trainings, OHCHR facilitated bers of the Human Rights Committee to discuss the potential for their implemen- an exchange of experiences between discuss cooperation challenges. Finally, tation in Belarus. govern­ment authorities and NGOs. The OHCHR experts delivered a tailored findings formed the basis of a final report training to State officials, in December, In addition, the Office organized con- that was presented to the Ministry of regarding improved reporting to the sultations on the elaboration of the Labour and Social Protection. The report Human Rights Committee. effective functioning of social rehabilita- contains training modules that will be tion centres for ex-offenders, in Belarus, used by the Ministry for further training. in October. The three-day consultation Parti­ci­pation (P) brought together representatives of the P6 – UN and Govern­ment consis- Ministry of Internal Affairs, the Ministry Mechanisms (M) of Labour and Social Protection, local tently consult with human rights and govern­ments, NGOs, faith-based orga- M1 – A National Mechanism for Reporting gender equality civil society when nizations and ex-offenders to deve­lop a and Follow-up (NMRF) is existing and planning, implementing and evaluating baseline assessment of the national sys- working to a substantial extent. programming. tem of re-socialization of ex-offenders. Based on the results, and in consulta- tion with the Ministry of Internal Affairs, The Office supported the Ministry The Office facilitated the parti­ci­pation OHCHR developed a road map deter- of Foreign Affairs in establishing a of stakeholders representing various mining the mechanisms for effective temporary mechanism, pending the rights-holders in dia­logue with govern­ programming, includ­ing the function- establishment of a fully-fledged NMRF ment and UN partners on key human ing of the social adaptation centres for and contributed to the increased capac- rights issues, includ­ing LGBTI rights, ex-offenders. ity of State officials to report to the migrants’ rights, rights of persons with Furthermore, OHCHR organized a Human Rights Committee. disa­bili­ties and the prevention of torture. round-table, in November, on “The Throughout 2019, the Office engaged in Throughout the reporting period, the use of alternatives to imprisonment: discussions with the Ministry of Foreign Office facilitated dia­logue on key human International and national mechanisms Affairs regarding the establishment of an rights issues in Belarus between stake- and best practices” to increase the NMRF. While little progress was made holders representing different groups knowledge of international standards towards its establishment, the Office of rights-holders, government­ and UN by representatives of the Ministry of assisted the Ministry in setting up an partners. In January, OHCHR convened Internal Affairs, the Supreme Court, the informal group of focal points on human meetings between LGBTI groups and General Prosecutor’s Office, UNICEF, the rights that will support the reporting and UNICEF, between migrants’ rights orga- Confederation of European Probation, follow-up process, consult with civil soci- nizations, IOM and UNHCR and between local NGOs and other stakeholders. ety and assist with other reporting and medical rights NGOs and WHO. OHCHR In December, the Office conducted a follow-up tasks. organized consultations with human series of trainings for different target The Office facilitated a number of rights civil society organizations on the groups on the mechanisms of assis- technical meetings on engaging with Govern­ment’s Concept of the National tance that are available to offenders and reporting to the Human Rights Sustainable Development Strategy, and and ex-offenders in Belarus in order to Committee. In May, a member of the a meeting of human rights CSOs with strengthen the system of psychological Human Rights Committee met with the UN Resident Coordinator. In April, a assistance. The different target groups govern­ment and civil society repre- round-table was organized for govern­ included staff from the Ministry of Internal sentatives to discuss follow-up to the ment and civil society participants in Affairs with a background in psychol- concluding observations that were relation to a draft law on the rights of ogy, psychologists of local departments issued by the Committee in November persons with disa­bili­ties. Furthermore, of the Ministry of Labour and Social 2018. In July 2019, a technical-level the Office and civil society partners Protection and relevant NGOs and online meeting was held between co-organized a round-table discussion

UN HUMAN RIGHTS REPORT 2019 337 UN HUMAN RIGHTS IN THE FIELD

on torture prevention and National CENTRAL ASIA (BISHKEK, KYRGYZSTAN) Preventive Mechanisms (NPMs) that was held on 26 June, International Day in Type of engagement Regional Office Support of Victims of Torture. In addition, Kazakhstan, Kyrgyzstan, Tajikistan, Countries of engagement OHCHR supported a training on non-dis- Turkmenistan, Uzbekistan crimination for police officers and law Year established 2008 enforcement officials in mass sporting events, held in May. The training was spe- Bishkek, with field offices in Nur-Sultan, cifically tailored to the second European Almaty (Kazakhstan); Osh (Kyrgyzstan); Games hosted by Belarus, in June. It cov- Field office(s) Dushanbe (Tajikistan) and the United Nations Regional Centre for Preventive Diplomacy ered practical aspects of a human-rights in Central Asia in Ashgabat (Turkmenistan) based approach to law enforcement during mass sporting events. Staff as of 31 December 2019 12

Total income US$475,181

XB requirements 2019 US$2,005,000

Total XB expenditure US$666,741 Personnel Non-personnel PSC† 38% 51% 10% $255,512 $342,128 $69,100

Total RB expenditure US$722,383 Personnel Non-personnel 87% 13% $629,473 $92,911

Key OMP pillars in 2019

† Please refer to Data sources and notes on p.208.

PILLAR RESULTS:

Accountability (A) A1 – Institutions that train judges, law authorities involved in criminal justice enforcement officials, the staff of secu- processes. Lawyers received training on rity-related agencies, or lawyers, and the right to peaceful assembly, criminal other educational institutions, include justice and non-discrimination. human rights in their training as a matter of course. In Kyrgyzstan, as a result of capaci- ty-building initiatives and training of trainers by the Office, 29 staff (16 women

and 13 men) of six State training cen- The Office contributed to institu- tres increased their capacity. Trained tionalizing human rights training for participants from three of those cen- law enforcement officials and State tres initiated training on human rights

338 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

norms and standards for their staff. With Participants called for establishing a All capacity-building activities related to OHCHR support, 29 trained staff of the NPM, promoting the application of an international human rights mechanisms six training centres developed their HRBA to reforming the prison system and included a session on human rights in the own training manual for Kyrgyzstan in applying alternatives to imprisonment. context of the 2030 Agenda with the aim Russian and translation into Kyrgyz will of decreasing the burden of State report- be completed in 2020. Furthermore, ing, improving data gathering, enhancing 29 participants (16 women, 13 men), Development (D) the implementation of recommendations includ­ing judges, prosecutors, law- issued by the international human rights D7 – When they implement the SDGs and yers, police officers, representatives of machinery and achieving SDG targets. other development plans, more Central the State Security Committee and the It also contributed to leveraging syner- Asian States and UN Country Teams Penitentiary Service, completed a train- gies between human rights reporting, adopt a human rights-based approach ing programme on international human improving the quality and human rights and the recommendations of human rights standards with a focus on ethnic and gender sensitivity of national SDG rights mechanisms. minorities and vulnerable groups. indicators and their introduction into national policy documents on sustain- Following a commitment expressed by able development. the State Training Centres, in 2018, to The Office contributed to the satisfac- institutionalize a comprehensive train- In Kyrgyzstan, OHCHR organized three tory integration of international human ing programme on non-discrimination capacity-building sessions, includ­ing for rights norms, standards and principles in Kyrgyzstan, OHCHR secured a pre- the NMRF on human rights in the 2030 and recommendations issued by the liminary agreement, in 2019, to do so. Agenda, “Leaving No One Behind” within international human rights mechanisms The Academy of the Ministry of the the framework of trainings on reporting to into the national frameworks for the Interior designated a separate room to CESCR, CRC and the Universal Periodic Sustainable Development Goals (SDGs) be used as a resource centre for human Review (UPR) and for a coalition of CSOs in Central Asia. rights and OHCHR supported the on CEDAW. In Turkmenistan, the Office centre with promotional materials on In 2019, OHCHR continued contributing supported the elaboration of a road map human rights-related topics. Starting in to the integration of human rights into on the implementation of recommenda- 2020, the manual on human rights and national frameworks for the SDGs by sup- tions issued by CEDAW, CESCR and the non-discrimination developed by the 29 porting the establishment of appropriate UPR. In addition to the activity-specific staff of six training centres will be used structures and defining indicators at the indicators, the road map contains appro- at the centre for teaching international national level in all five Central Asian priate SDG indicators, which will enhance human rights law to police inspectors countries for monitoring, evaluating and the mutual reinforcement of human rights and officers. reporting on the SDGs. and SDG reporting, thereby setting an example of a good practice for other In Tajikistan, OHCHR’s primary national Disaggregated and quality data remains Central Asian States. In Uzbekistan, partner, the Union of Lawyers, committed a primary challenge in the region, due in the Office through the UNCT, advised to integrating human rights into the train- large part to the lack of sufficient qual- State authorities on developing­ national ing programme of the Lawyers’ Training ity and inclusiveness of its collection, SDG indicators and advocating for the Centre. The Office supported the First monitoring and evaluation, coupled with development of supplementary human Penitentiary Forum of Tajikistan, which the insufficient knowledge and skills of rights indicators to strengthen the was conducted in cooperation with the professionals at the national level. To implementation of the SDGs that are Main Directorate for the Execution of this end, the Office continued its efforts aligned with international human rights the Criminal Sentences of the Ministry to strengthen the capacity of national law. OHCHR delivered a separate train- of Justice, UNODC, Penal Reform stakeholders through the organization ing for members of the expert group of International, the OSCE, the EU and of training sessions for State officials, the the national SDG coordination body, other partners. The Forum issued recom- NMRFs, national human rights institutions representatives of legislative, judicial mendations for legislative and practical (NHRIs), CSOs and UN staff on the appli- and executive branches, NHRIs and measures for a comprehensive reform cation of an HRBA in relation to the 2030 NMRFs on an HRBA to SDGs, focusing of the penitentiary system of Tajikistan. Agenda for Sustainable Development. on indicators and data disaggregation.

UN HUMAN RIGHTS REPORT 2019 339 UN HUMAN RIGHTS IN THE FIELD

The training session helped to enhance the engagement of the UNCTs with the Mechanisms (M) expertise at the national level and international human rights mechanisms encouraged discussions about improv- inter alia, by providing assistance with M1 – National mechanisms for reporting ing national SDG indicators from the the preparation of joint UN submissions and follow-up (NMRFs) successfully fulfil human rights perspective. to a number of mechanisms, namely, the their mandates; they engage with inter- UPR in Kazakhstan and Kyrgyzstan. The national human rights mechanisms, and During the reporting period, the Office Office also supported the organization coordinate reporting and follow up, and provided necessary expert support of UNCT briefings or delivered its own to that end consult with relevant national for the implementation of the current briefings with relevant committees prior actors and share infor­ma­tion with them United Nations Development Assistance to the adoption of their respective lists of and with the public. Frameworks (UNDAFs) and the devel- issues and constructive dia­logues. opment of the new United Nations Sustainable Development Cooperation In light of the administrative challenges Frameworks (UNSDCFs) in Uzbekistan faced in accessing UMOJA in the field, The Office contributed to strengthen- and Turkmenistan that will start in 2021, it was not possible to carry out the ing national mechanisms for integrated to ensure that an HRBA is applied to planned training of trainers for UNCT reporting and/or the implementation of programming in all five countries. This members or the Resident Coordinators recommendations issued by the human support included the organization of at the subregional level in 2019. Instead, rights treaty bodies, special procedures, infor­ma­tion sessions on the application the Office incorporated HRBA sessions the HRC and the UPR. of an HRBA to data, the parti­ci­pation of into a training for UNCTs on coopera- the Office in all main working groups tion with the international human rights During the reporting period, the Office and retreats at the national level, the mechanisms that was held in Uzbekistan, continued providing assistance aimed provision of inputs and expert support in May, at a Central Asian retreat for at strengthening the mandate and regarding the elaboration of Common Resident Coordinators, in June, and at a capacities of NMRFs, as well as their Country Analyses (CCAs) and the orga- stand-alone training for UNCT members cooperation with civil society in the nization of consultation processes with and national partners that was held in region. This included sharing expertise civil society. It also provided expert and Kazakhstan, in October. Similar training on the ratification of outstanding trea- technical support to UNCTs on how to sessions will take place in 2020 to cover ties, strengthening legal frameworks on achieve the SDGs at the national level, all countries in the region. NMRFs and capacity-building for NMRF staff, ministerial focal points, NHRIs and includ­ing though comments on national As part of a cooperative effort between development policy documents, sug- OHCHR and the UNDP Istanbul Regional civil society members on how to improve gested legislative amendments and Hub on an HRBA to Data, OHCHR deliv- govern­ment engagement with the inter- contributions to or the organization of ered a session on human rights indicators national human rights mechanisms and awareness-raising and capacity-building and the Universal Human Rights Index improve the efficacy of follow-up to rec- events. In Kyrgyzstan, OHCHR contrib- for 14 women and seven men represent- ommendations. Expert support was also uted to the UNCT Roadmap on SDGs and ing the SDG Coordination Group and civil provided in relation to the elaboration of the UNCT Action Plans on the Voluntary society organizations from Armenia. implementation plans and advo­cacy for National Review and the SDGs for the the National Recommendations Tracking National Statistical Office. Database in all five countries. The Office continued to support all OHCHR advocated for the ratification five UNCTs in the region with tech- of outstanding human rights treaties by nical guidance on outcomes of their Central Asian States, particularly CRPD past cooperation with the international and OP-CAT, both directly and through human rights mechanisms and potential UNCTs and Resident Coordinators. As future opportunities, includ­ing possible a result of OHCHR’s sustained advo­ avenues for advo­cacy on the imple- cacy, Kyrgyzstan ratified CRPD, in May. mentation of their recommendations at To support the implementation of CRPD, the national level. The Office facilitated OHCHR contributed to UNCT comments

340 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

on the CRPD National Action Plan with In Tajikistan, the Office supported the bodies, the NHRI and civil society on the regard to immediate actions to be taken Govern­ment in develop­ing the draft implementation and systematic moni- following the ratification. It also pro- National Human Rights Strategy 2030 by toring progress achieved with regards vided its comments to the draft Decree facilitating inclusive consultative meet- to CEDAW’s concluding observations on the Council on the Rights of Persons ings of members of the govern­mental that were issued in 2015 and the related with Disa­bili­ties and will continue pro- Working Group (WG), CSOs and inter- national action plan for 2017-2020. In viding further post-ratification support national organizations. A draft strategy December, a total of 31 NHRC staff mem- in 2020. The CRPD ratification process covering 23 thematic areas was devel- bers and human rights focal points in advanced in Tajikistan and Uzbekistan, oped in accordance with an HRBA. The various State authorities (16 women, 15 where high-level discussions took place draft seeks to prioritize human rights and men) were trained on the individual com- in October and December, respectively. freedoms in public policy, which has the munications procedure during a two-day Several events were carried out in potential to influence the direction of training session organized by the Office. Uzbekistan to promote the ratification of legislative development and law enforce- OHCHR will continue its advo­cacy on OP-CAT and deve­lop preventive monitor- ment practice. The WG and CSOs that are establishing an effective follow-up to ing by the Office of the Ombudsperson in supported by OHCHR will start drafting a the Human Rights Committee’s Views cooperation with civil society. National Action Plan at the beginning of on individual communications. Currently, 2020 to implement the draft strategy. It is there is no institutionalized approach Following advo­cacy that was under- anticipated that once the documents are or relevant legal provisions to provide taken by the Office, a Decree on the finalized, they will be adopted in 2020. guidance on the implementation of the Coordination Council on the Human Human Rights Committee’s Views. Rights under the Govern­ment of Capacity-building and expert support Kyrgyzstan (CCHR) was amended in that was provided in relation to reporting February, in order to enhance its work to international human rights mecha- in relation to reporting. More specifi- nisms in Central Asian countries included cally, to eliminate the problem of late assistance with reports to CESCR, CRC, reporting, OHCHR assisted the NMRF the Human Rights Committee and the to deve­lop a draft Decree on reporting UPR. In addition, expert support was and follow-up to the recommendations provided for Kyrgyzstan’s report to issued by the human rights treaty bodies CMW, Tajikistan’s follow-up report to and the UPR, which will be adopted in CAT and in two training sessions on 2020. In Uzbekistan, after the President’s CEDAW reporting for HRDs and the Decree was adopted in December 2018, NRMF Working Group from Uzbekistan. the Office provided advice on the imple- As a result of capacity-building and advo­ mentation of the new provisions and cacy work undertaken by the Regional shared relevant good practices from Office for Central Asia (ROCA), the rate other States in the region and around of late reporting to the treaty bodies the world. Following OHCHR’s sugges- significantly decreased. By the end of tion, the National Human Rights Centre 2019, Kyrgyzstan had finalized its only outstanding report to the treaty bodies (NHRC) visited Georgia, in December, to (CCPR), which should be submitted at the exchange examples of good practices beginning of 2020. on cooperation with the Parliament. OHCHR’s advo­cacy led to the adop- In Uzbekistan, ROCA contributed to tion of the Presidential Decree of 13 building the capacity of a national work- December 2019, which enhanced the ing group tasked with drafting the sixth capacity and role of the NHRC in mon- periodic report to CEDAW during a train- itoring, implementation of human rights ing workshop that was held in March. obligations and reporting to international The workshop improved cooperation human rights mechanisms. and coordination between relevant State

UN HUMAN RIGHTS REPORT 2019 341 UN HUMAN RIGHTS IN THE FIELD

is final and not subject to appeal. Another internship programme at a round-table, Parti­ci­pation (P) case relating to the murder of a prose- “Sustainable mechanisms for internships P1 – Civil society organizations, human cutor was handled by a judge who in the national and local government­ in rights defenders, and marginalized was undergoing pretrial investigation. the Kyrgyz Republic” on 21 November groups increasingly claim their rights and Although he was not legally competent in Bishkek. promote the rights of their constituen- to hear criminal cases at the time, he Kyrgyzstan continues to develop­ the cies, and can participate more freely in reviewed the case and handed down Concept of National Identity “Kyrgyz public life. a sentence. Overall, 32 participants (17 Jarany”. In December, the draft Concept women, 15 men), including­ lawyers and was amended and made more compliant civil society activists, benefited from with human rights as a result of techni- interactions with international experts The Office contributed to the increased cal expertise on human rights issues, in on various topics and long-term support use of national protection systems in particular the principles of non-discrim- from two national experts. All interna- compliance with international human ination and protecting minority rights, tional trainers agreed to remain available rights norms and standards by building that OHCHR provided to the State as a “pool of experts,” enabling partic- the capacity of stakeholders on using Agency for Local Self-Governance and ipants to contact them with follow-up strategic litigation, supporting train- Interethnic Relations. Furthermore, the questions and obtain feedback on ing programmes for underrepresented Office facilitated the coordination of com- litigation strategies regarding public minorities in State institutions and human ments from UN partners on the structure interest cases. rights defenders. of the abovementioned Concept of In 2019, as part of an ongoing OHCHR- National Identity, which included basic In Kazakhstan, OHCHR enhanced the supported programme to address guarantees of minority rights, access to awareness of and the capacity of stake- the underrepresentation of certain justice and equal parti­ci­pation in public holders to use strategic litigation by rights-holders in public administration life. OHCHR will continue to offer support providing technical assistance in rela- in Kyrgyzstan, 82 interns (55 women, and guidance in 2020. tion to access to infor­ma­tion, organizing 35 men, seven persons with disa­bili­ training for lawyers and representatives In 2019, an OHCHR course on multicul- ties) completed four-month internship of civil society organizations facilitated tural education was made an elective programmes in State and local admin- by two international experts, organizing item in three universities in Kyrgyzstan. istration departments in three southern a workshop for strategic litigation practi- Capacity-building was provided in other regions of the country. A total of 50 per tioners and producing a draft manual on locations and was available in six higher cent of the interns were from ethnic strategic litigation. Development of the educational institutions as of the end minorities and 50 per cent were women. manual will be completed in 2020. of 2019. OHCHR adapted its training Seven indi­viduals­ identified as persons manual for two professions, namely: In Kyrgyzstan, participants of an OHCHR with disa­bili­ties. Within the context of law-related (such as lawyers and police Strategic Litigation School have taken up the programme, OHCHR worked with officers) and public administration. The 14 strategic cases as of the end of 2019. the State Personnel Service of Kyrgyz course has been institutionalized at the Five of these cases relate to discrimina- Republic to increase awareness about Osh State University through mentorship tion in various spheres and seven relate the need for specific measures to address hours, which involve professional per- to other human rights issues. One par- underrepresentation. As part of the sonal development activities aimed at ticipant won a case at the Constitutional internship programme, the interns par- broadening the outlooks of students, and Court in relation to recent legal reforms, ticipated in a four-day training on human through selective courses. which had been initially discussed during rights, equality and non-discrimination. the school sessions with a programme OHCHR also trained 54 programme OHCHR raised awareness about the mentor. As a result of this case, the mentors (24 women, 30 men) on the existence of discrimination in the labour Constitutional Chamber declared the same topics. Representatives of State sphere and existing gaps in legislation norm of the new Code of Vio­lations to agencies and civil society discussed the and law enforcement practices. The NGO be unconstitutional, according to which right of minorities to participate in pub- Adilet, with the financial and expert sup- the decision of the court of first instance lic life and the institutionalization of the port of OHCHR, completed its analy­sis

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of legislation and law enforcement prac- State authorities, freedom of association tices in the field of labour in Kyrgyzstan. and assembly, human rights monitoring Results were shared with various govern­ and reporting and engagement with ment bodies, NGOs, trade unions, the international human rights mecha- experts and journalists, at a round-ta- nisms. The trained participants received ble event organized by the NGO Adilet continuous online mentoring and infor­ together with OHCHR. In Kyrgyzstan, mation­ on human rights standards at least 866 indi­vi­duals received legal throughout the year. The Office pro- advice and 107 legal cases were brought moted the parti­ci­pation of the trained before the courts as a result of assistance human rights defenders in national provided by OHCHR to CSOs and legal consultations with civil society on the clinics at third-level institutions. This new UNSDCF for 2021-2025 and advo- support enabled them to provide free, cated for the constructive engagement qualified legal assistance, with a focus on of human rights defenders with various cases of non-discrimination and violent State authorities, includ­ing the Office of extremism. Four legal analyses, which the Ombudsperson. assess the compliance of national leg- In July, OHCHR collaborated with the islation with international human rights Open Society Foundations and the standards, have been produced as a Soros Foundation in Kyrgyzstan to result of the initiatives. enhance networking among Central In Tajikistan, six human rights defend- Asian NGOs working on the right to ade- ers received expert advice from OHCHR quate housing. The Office supported the regarding the possibility of submitting parti­ci­pation of five Uzbek civil society their cases to the international human members who built their capacity in rela- rights mechanisms. The cases related tion to applying an HRBA to adequate to the use of torture, unfair trial, arbitrary housing, relevant UN mechanisms to detention and kidnapping. advance housing rights and with regard to advo­cacy and communication strat- In Uzbekistan, the Office continued egies at the national and international supporting civil society organizations levels. A joint strategy for the regional to participate in public life and claim the network of NGOs was developed and rights of their constituents. In 2019, the will be further promoted by the Office Office facilitated the parti­ci­pation of civil during 2020. society representatives in expert consul- tations that were jointly organized with the International Commission of Jurists on CRPD and the rights of persons with disa­bili­ties regarding the right to ade- quate housing. The Office also ensured inclusion of independent human rights activists into public hearings on ratifica- tion of the CRPD organized jointly with OSCE. Moreover, the Office supported training for human rights defenders from Uzbekistan on UN human rights stan- dards relating to the rights of women and the rights of the child, the rights of persons with disa­bili­ties, advo­cacy with

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EUROPE Type of engagement Regional Office

European Union and Member States of the Countries of engagement European Union

Year established 2009

Field presence(s) Brussels

UN partnership framework n/a

Staff as of 31 December 2019 8

Total income US$958,300

XB requirements 2019 US$1,038,000

Total XB expenditure US$863,642 Personnel Non-personnel PSC† 39% 49% 12% $337,778 $426,456 $99,408

Total RB expenditure US$940,011 Personnel Non-personnel 82% 18% $772,953 $167,058

Key OMP pillars in 2019

† Please refer to Data sources and notes on p.208.

PILLAR RESULTS:

Development (D) D7 – EU institutions further integrate work of the EU institutions and the UN human rights, the UNBT, composed of 25 human rights and a human rights-based Brussels Team (UNBT). UN entities, includ­ing the Regional Office approach in EU external development for Europe in Brussels, invited candidates In March, OHCHR co-organized a panel programming. The EU and UN Brussels standing for the European Parliament at the Regional Forum on Sustainable team further integrate a human rights elections, to sign a 10-point pledge to Development for the United Nations approach in their work on the Sustainable “Leave No One Behind”. By the end Economic Commission for Europe Development Agenda. of 2019, 67 Members of the European (UNECE) region entitled “Leave No One Parliament (MEPs) had signed the pledge Behind: Driving policies through data to personally defend human , free- and a human rights-based approach,” dom, democracy, equality, the rule of law The Office contributed to improving the to present and illustrate the linkages and respect for human rights. Many more compliance of the EU institutions with between human rights and the 2030 joined the pledge as it remained open for international human rights norms and Agenda for Sustainable Development. signature throughout 2020. standards. To sensitize and engage the incoming During 2019, the Office continued to pro- European Parliament on the Sustainable mote a rights-based approach into the Development Goals and its linkages with

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At the request of the European parti­ci­pation in the conference, the EU’s Non-discrimination (ND) Commission and the External Action Fundamental Rights Agency expanded Service of the European Union (EEAS), ND3 – EU legal and policy frameworks its survey on civic space as a follow-up to the Office continued to invest in human increasingly protect women and girls its 2018 report entitled “Challenges fac- rights training of EU delegations and from vio­lence in the digital space. ing civil society organizations working on staff of the European Commission’s human rights in the EU”, to include ques- Directorate-General for International tions about online harassment of HRDs Cooperation and Development (DEVCO). in general, and women in particular. In Following the 2018 launch of the manual OHCHR contributed to increasing the November, OHCHR’s Regional Office “Making a difference: An introduction to level of compliance of EU legislation and for Europe was invited to highlight the human rights”, it was reprinted in 2019 policies in the area of vio­lence against human rights-based perspective at the in English and French, and translated women in the digital space with interna- Women’s Network of European Socialist into and printed in Spanish. A total of tional human rights norms and standards Parties event on “Breaking the silence 275 copies, in all three languages, were through advo­cacy and by providing on online vio­lence against women,” provided to DEVCO for distribution to expert legal advice. which focused on the consequences of development staff in EU delegations The online harassment of HRDs, in par- women withdrawing from political life on and to participants of the twenty-first ticular women human rights defenders, account of online harassment. The then EU-NGO Human Rights Forum, which was a key concern raised at the Office’s incoming European Commissioner for was held in December. conference on “Protecting Civic space Equality attended the event and pledged to take action to tackle online vio­lence In addition, 30 staff members from EU in the European Union” in October, against women. delegations, the UNECE and the EEAS which included the parti­ci­pation of the increased their knowledge about trade UN Special Adviser on Hate Speech, In October, the Regional Office’s first and human rights through a training the Vice-President of the European public event, jointly organized with the delivered by the Office. During 2019, the Parliament, the Finnish Presidency of European Network of Equality Bodies Office also collaborated with DEVCO, the Council of the EU, representatives of on the post-#MeToo era, and the sub- three briefings for EU staff and the gen- the European Commission and human sequent joint conference on the role of eral public: on the G5 Sahel’s human rights defenders from across the region. European equality bodies in combating rights compliance framework; OHCHR’s For the first time, social media companies sexual harassment at work, with the work in Syria; and, jointly with UN Facebook and Twitter joined an open parti­cipation­ of the Special Rapporteur Women, women human rights defenders. discussion about online harassment on vio­lence against women, its causes of human rights defenders in Europe. and consequence, helped to take stock This enabled an exchange of views on of progress, iden­tify obstacles, and finding a balance between protecting empower equality bodies to take up indi- freedom of expression and combating vidual complaints. hate speech and online bullying and Through an Infopoint open to the public, the need for social media companies to the Office worked with DEVCO and UN deve­lop a response in accordance with Women to raise awareness about the human rights standards. importance of protecting the rights of The conference recommended that women HRDs globally and highlighted any new legislation in the EU relating to the work of OHCHR field presences to online civic space should strictly define create more space for women human what constitutes prohibited content in rights defenders through reporting, accordance with ICCPR and ICERD. It advo­cacy and the facilitation of dia­ logue between State institutions and was also suggested that consideration civil society. be given to the adoption of EU legis- lation to combat vio­lence and abuse against women online. As a result of its

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removing and refraining from any unnec- Partici­ pation­ (P) essary, unlawful or arbitrary restrictions P5 – National, regional and international on civil society space and acknowledges actors act promptly and more effec- that transparent, sufficient and easily tively to protect civic space, especially accessible funding is crucial for civil soci- in Hungary and . ety organizations. In October, the OHCHR regional confer- ence on “Protecting civic space in the EU” Critical human rights issues raised by created a platform for dia­logue on civic OHCHR were taken up to a greater extent space between EU decision makers and and in a timely manner by EU institutions. civil society and proved to be a key step in the process. The conference brought The Office continued its sustained advo­ together 32 human rights defenders from cacy to respond to challenges to the rule 11 countries of the region with the Vice- of law and threats to civic space in the President of the European Parliament, the European Union. In 2019, the report of Finnish Presidency of the Council of the the Secretary-General on Cooperation EU, various EU officials and social media with the United Nations, its represen- companies. It brought to light common tatives and mechanisms in the field of stories of intimidation, defamation, hate human rights highlighted cases of intimi- speech, smear campaigns and legal dation and reprisals for cooperation with proceedings across Europe and called the United Nations in three EU countries for increased protection. The confer- (Hungary, Poland and ). The con- ence helped CSOs to connect directly cerns about legal restrictions on freedom with EU policy and decision makers. The of association, excessive administrative programme also enabled participants to requirements, reduction in funding, the share successful experiences with mobi- criminalization of solidarity, and the judi- lizing popular support for human rights cial harassment and stigmatization of and using positive narratives, includ­ing dissenting voices are not limited to these through the effective use of social media, countries. Throughout the year, the Office all of which are essential for the promotion consistently raised its concerns with its of civic space. EU counterparts, as well as through public pronouncements in numerous Furthermore, the Office successfully forums. The Office also maintained reg- worked towards strengthening the ular contact with civil society and media engagement of rights-holders, civil soci- organizations on the ground. ety, national human rights organizations and equality bodies with the international In the second half of 2019, OHCHR human rights mechanisms. In 2019, civil worked closely with the Finnish EU society organizations, NHRIs and equal- Presidency to place concerns about civic ity bodies in Europe increasingly reached space and the erosion of democracy out to special procedures, which led to on the agenda of EU decision makers. 64 communications sent to EU member As a result, the Finnish presidency pro- states, compared to 57 in 2018 and 32 in posed stronger language on protecting 2017. This increase reflects both a greater civic space in the EU Justice and Home awareness and understanding of the UN Affairs Council Conclusions, which were human rights mechanisms, as well as adopted in October. In the Conclusions, growing human rights concerns within the Council recalls the importance of the EU region.

346 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

feel empowered about conducting advo­ REPUBLIC OF MOLDOVA cacy actions. Several capacity-building Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 events that were conducted by OHCHR 4.04 million 34,000 km² 0.711 (rank: 106/188 in 2018) Status A, 2018 enhanced their capacity to advocate for Type of engagement Human Rights Adviser the rights of children with disa­bili­ties. The group of mothers became a genuine Year established 2008 platform for promoting human rights by Field office(s) Chisinau engaging in dia­logue with State author- United Nations Partnership Framework 2018- ities, making television appearances UN partnership framework 2022 and drafting advocacy­ documents to raise key issues faced by children with Staff as of 31 December 2019 3 disa­bili­ties and their family members. In particular, the members of the platform XB requirements 2019 US$1,208,000 highlighted some of their challenges in exercising the right to health at an event that included participants from the Key OMP pillars in 2019 Ministry of Health, Labour and Social Protection and 11 mass media outlets. 1 2 3 Please refer to Data sources and notes on p.208.

Accountability (A) PILLAR RESULTS: A1 – Law enforcement institutions have substantially improved systems and pro- cedures that protect the human rights of Partici­ pation­ (P) women, persons with disa­bili­ties, victims of torture and ill-treatment, and Roma P6 – Vulnerable rights-holders, notably to assess the implementation of the rec- and other minorities. indivi­ duals­ with disabili­ ties,­ participate ommendations by civil society, the NHRI more frequently and more fully in forming and State actors, in order to generate an public policy and drafting laws, including­ implementation rate index. During the by taking public office. reporting period, the Office facilitated the OHCHR contributed to improving sys- first assessment round, which resulted tems and procedures to protect the in the review of 50 per cent of all recom- human rights of Roma and victims of OHCHR advanced meaningful parti­ mendations during 17 meetings of the 15 torture by raising awareness, providing ci­pation of vulnerable rights-holders, thematic monitoring groups of civil soci- expert legal advice and enabling the especially women and discriminated ety organizations. functioning of international human rights mechanisms. groups, in selected public processes. The Office also created a network for In 2019, OHCHR mobilized approxi- a group of 15 mothers of children from Based on research that was conducted mately 70 civil society organizations to across the country with various types of by OHCHR in 2018 on the protection of join a national platform established by disa­bili­ties, empowering them to advo- the rights of victims of sexual vio­lence, OHCHR in 2019 for monitoring interna- cate both for the rights of their children 56 lawyers increased their knowledge tional human rights recommendations. and for their own rights as caregivers. of legal strategies for working with vic- The online monitoring platform con- The mothers supported by OHCHR ben- tims of sexual vio­lence. At the request of tains all of the recommendations that efited from psychological counselling the National Institute of Justice, OHCHR the Republic of Moldova has received sessions with a professional psycholo- delivered tailored infor­ma­tion sessions from the international human rights gist to help them process any difficulties on international standards on the rights mechanisms. The platform will be used of having a child with disa­bili­ties and to of persons with disa­bili­ties, equality

UN HUMAN RIGHTS REPORT 2019 347 UN HUMAN RIGHTS IN THE FIELD

and non-discrimination for at least 50 Mechanisms (M) judges, prosecutors and judicial and prosecutor’s assistants. M1 – A national mechanism implements and reports on outstanding international In 2019, a manual for Roma commu- human rights commitments in an inte- nity mediators was co-produced by the grated and participatory manner. Office and the National Association of Roma community mediators and drew on infor­ma­tion gathered during multiple consultations with the two stakeholders OHCHR continued supporting the two of the Roma mediator system, namely, key national human rights mechanisms Roma community mediators and State established in 2018 by facilitating learn- authorities. In total, 31 Roma community ing and knowledge transfer in relation to mediators and State representatives (26 engagement with human rights monitor- women, five men) were subsequently ing mechanisms. trained on the basis of the manual in Following the 2018 approval of the 2019. As a result of this work, the net- National Human Rights Action Plan work of Roma mediators strengthened (NHRAP) and the establishment of the their knowledge and skills in providing Permanent Human Rights Secretariat as assistance to Roma and their association the mechanism for the coordination and is now fully functional. monitoring of the implementation of the OHCHR partnered with social care staff Plan, the Office continued building the from four temporary placement centres capacity of the Secretariat, staff of the for adults with (primarily intellectual) disa­ Ministry of Justice and local authorities bili­ties to advocate for the prevention of throughout 2019. To this end, numerous torture and ill-treatment. In this context, capacity-building initiatives were con- over the past year, OHCHR conducted ducted by OHCHR during the reporting a training needs assessment of the 400 period, includ­ing trainings, support for staff members from the four residential develop­ing a mid-term evaluation of institutions. Based on the results, 64 the NHRAP and a study visit to Georgia, employees (49 women, nine men) from during which the participants learned the four institutions and the National about good practices in establishing a Social Work Agency enhanced their fully-fledged NMRF. knowledge on preventing and combat- In addition to the above, OHCHR con- ing torture and ill-treatment. Furthermore, tinued to work towards promoting a the Office initiated engagement with the more inclusive and non-discriminatory law enforcement agency, the Moldovan national media narrative under the Non- General Inspectorate of Carabinieri, discrimination pillar. given their role in policing and in light of an absence of structured training on the use of force and the prevention of torture and ill-treatment. As of the end of 2019, two initial trainings, an analy­sis of the reporting mechanisms of torture cases and proposed improvements to those mechanisms had been drafted with sup- port from the Office.

348 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

These results were largely due to REPUBLIC OF NORTH MACEDONIA OHCHR’s capacity-building efforts over Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 many years. 2.08 million 26,000 km² 0.759 (rank: 81/188 in 2018) Status B, 2011

Type of engagement Human Rights Adviser M1 – The NMRF regularly gathers and Year established 2007 disseminates infor­ma­tion for purposes Field office(s) Skopje of reporting and implementation, and United Nations Development Assistance uses infor­mation­ management tools UN partnership framework Framework 2016-2020 effectively. Its procedures ensure that it consults meaningfully with stakeholders, Staff as of 31 December 2019 1 includ­ing civil society and people who are “left behind.” Key OMP pillars in 2019

1 2 3 Please refer to Data sources and notes on p.208. OHCHR contributed to the extent to which mechanisms are functioning PILLAR RESULTS: for integrated reporting and/or the implementation of outstanding recom- mendations issued by the human rights Mechanisms (M) treaty bodies, special procedures, the M2 – Civil society organizations engage Council, on 4 July, for the adoption of the Human Rights Council and the UPR. systematically with the international Working Group’s final outcome report. As part of a joint project with the Ministry human rights mechanisms. The Office brought together civil soci- of Foreign Affairs and the UN Resident ety representatives for constructive Coordinator’s Office (RCO), OHCHR

quarterly meetings to discuss their supported the NMRF’s Expert Working The Office significantly contributed to experiences, outcomes and follow-up Group (EWG) involved in reporting and the substantial increase in the level of strategies related to the third UPR cycle. implementation tracking. This project engagement of civil society organiza- Participating organizations agreed to received financial support from the 2018- tions with the international human rights establish an informal follow-up coali- 2019 UPR Voluntary Fund for Financial mechanisms through consistent capaci- tion in order to collectively consider all and Technical Assistance and the Treaty ty-building and advo­cacy efforts. recommendations issued by the inter- Body Capacity-Building Programme. OHCHR continued working with civil national human rights mechanisms. The Despite a delay in the implementation society organizations to strengthen their coalition presented its preliminary work of the project, the EWG strengthened capacity to systematically engage in the at a workshop organized by the NMRF, its capacity and significantly contrib- reporting process and follow up on the with support from OHCHR, in May. The uted to improving the performance of recommendations issued by the inter- coalition has organized itself according the NMRF. Specifically, the NMRF sup- national human rights mechanisms in an to the clusters of recommendations that ported the parti­ci­pation of a high-level increasingly coordinated manner. In 2019, already frame the work of the NMRF. State delegation in the third UPR cycle, a record number of joint and individual Two civil society organizations allocated in January, and the preparation of con- reports were submitted in anticipation their funding to the coordination of the solidated views from the Govern­ment on of North Macedonia’s third UPR cycle. coalition’s activities and to support the the recommendations. It also obtained As a result, civil society organizations preparation of joint, integrated inputs the Govern­ment’s approval for publish- nominated a representative to attend for the NMRF consultations on the draft ing the report of the Subcommittee on and address the Working Group on the Recommendations Implementation Plan, Prevention of Torture following its 2017 UPR, in January, and the Human Rights which were held at the end of December. visit to the country, thereby enabling

UN HUMAN RIGHTS REPORT 2019 349 UN HUMAN RIGHTS IN THE FIELD

monitoring of the follow-up. Based on Adviser. Eighteen staff members from the deficiencies of the 2010 Law. The the EWG’s recommendation, North the new RCOs and UN agencies from five new Law includes provisions related to Macedonia joined the “Group of Friends Western Balkan countries participated in persons with disa­bili­ties, explicitly lists of NMRFs,” in July. In October, North the training. sexual orientation and gender identity Macedonia completed the ratification among the prohibited grounds of dis- process for the 1961 UN Convention on crimination and clarifies definitions. Statelessness, as a follow-up to one of Non-discrimination (ND) Most importantly, it also strengthens the the recommendations issued during its ND1 – Anti-discrimination and gender mandate and provisions for ensuring an third UPR cycle. equality laws comply with international independent and effective Commission for prevention and protection against With OHCHR’s support, following the human rights standards and ensure discrimination, which were the weak- completion of the third UPR cycle, in effective protection from all forms est elements of both the previous Law July, the EWG updated the list of inte- of discrimination. and the national anti-discrimination grated recommendations and drafted a framework. new Recommendations Implementation Plan. For the first time, the NMRF shared Since the adoption of the Law, OHCHR The Office contributed to the improved the draft with civil society and organized has continued working with civil society level of compliance of the newly adopted a consultation at the end of 2019. The to encourage their ongoing engage- legislation on prevention and protection ment in promoting and monitoring EWG also developed a proposal for the against discrimination with international its implementation. As a result, civil NMRF to request a dedicated page on human rights norms and standards, the Govern­ment website and sought to includ­ing by providing expert legal society strongly reacted to the failure introduce a system of annual and ad hoc advice and advocating for compliance of the Parliament to appoint the new consultations with civil society for report- with recommendations issued by the Commission by the August deadline, ing and follow-up tasks. international human rights mechanisms. and publicly called upon the Parliament to respect the Law and the human rights At the EWG’s initiative, linkages were The Parliament adopted a new Law standards incorporated in the text. established between govern­ment coor- on Prevention and Protection against dination bodies concerned with human Discrimination, in May, after long political rights, namely, the National Sustainable debates. OHCHR used the opportunity of ND1 – National mechanisms to imple- Development Goals Council, the CRPD the State’s third UPR report, in January, ment the Convention on the Rights of implementation mechanism and the to liaise with and support civil society Disabled Persons (CRPD), and monitor national coordination body on non-dis- organizations to raise this issue with its implementation, are effective, ade- crimination, which were established in other Member States during the review. quately resourced, and comply with 2018. As a result, the Secretariat of the The resulting eight recommendations international standards. National SDG Council will use State that were issued to expedite the adop- reports and observations issued by the tion of the Law, coupled with advo­cacy international human rights mechanisms undertaken by civil society after the in the preparation of the 2020 VNR of review, contributed to the Parliament’s OHCHR contributed to the extent to North Macedonia. decision to adopt the Law. which oversight, accountability or pro- tection mechanisms that conform to At the end of November, the Treaty An assessment of the compliance of international human rights standards are Body Capacity-Building Programme the Law with international human rights functioning. subregional training for UN Country standards will take place in 2020. The Teams (UNCTs) on Engagement with adopted text, however, appears to fully The Office continued to build the and Follow-up to Recommendations from incorporate OHCHR’s comments and capacity of the “National Coordination International Human Rights Mechanisms comply with international human rights Body for the Implementation of the UN was conducted in Skopje, in coopera- standards and recommendations issued Convention on the Rights of Persons with tion with the Resident Coordinator’s by the international human rights mech- Disa­bili­ties” (NKT CRPD) in order to clarify Office (RCO) and the Human Rights anisms that urged the State to address the requirements and practical aspects

350 UN HUMAN RIGHTS REPORT 2019 UN HUMAN RIGHTS IN THE FIELD

of coordination, based on the NMRF’s organizations (OPDs), in August 2018. international human rights norms and model and experiences. OHCHR also OHCHR advocated with civil society, standards. provided technical guidance to both the UN and other partners to encourage The first draft of the Law, which has NKT CRPD Secretariat and its members the Ombudsperson to comply with the been open for public comments since and participated in all key discussions it CRPD requirements. Consequently, in late November, incorporates most of the had organized. These efforts increased November 2019, the Ombudsperson international human rights standards and the understanding of the members about agreed to start the process to fully estab- addresses relevant recommendations the Convention, while the participa- lish the CRPD monitoring framework. issued by the international human rights tory and transparent working methods OHCHR and the OSCE co-organized mechanisms. As a result, it is anticipated strongly contributed to the NKT CRPD’s activities to mark International Day of that the final draft, which is expected to recent achievements. In 2019, the NKT Persons with Disa­bili­ties, during which be adopted by mid-2020, will be com- CRPD undertook several important ini- it clarified CRPD requirements for the pliant with international human rights tiatives that had been recommended national monitoring framework and standards and ensure that effective pro- during the initial CRPD review of North publicly promoted the Office of the Macedonia, in August 2018. More specif- tection is available to women victims of Ombudsperson as the entity desig- gender-based vio­lence. ically, it pushed forward the previously nated to operationalize the monitoring delayed application of the assess- framework. The aim was to ensure better The drafting process began in December ment conducted by the International understanding among potential future 2018, under the lead of the Ministry of Classification of Functioning, Disability members and the wider public about the Labour and Social Policy, which estab- and Health to record infor­ma­tion on functions of the monitoring framework lished a participatory Working Group the functioning and disability of indi­vi­ and emphasized the necessity of the full of representatives from relevant duals at both the national and regional parti­ci­pation of persons with disa­bili­ties govern­ment offices and civil society, levels; took steps to amend legislation and their civil society organizations in the independent experts and international on construction with a view to upgrad- framework, includ­ing in its development. organizations, including­ three UN agen- ing the national physical accessibility In 2019, OHCHR translated into local cies, namely, UN Women, UNFPA and standards and strengthening the over- languages, printed and disseminated UNHCR. The Ministry of Labour and sight of their application; facilitated the OHCHR publication Monitoring the Social Policy kept OHCHR informed and the Government’s­ decision to make all Convention on the Rights of Persons with solicited guidance during the key stages public websites accessible; promoted Disa­bili­ties – Guidance for Human Rights of the drafting process. the integration of inclusive education Monitors and the CRPD Committee’s as a foundational principle in the devel- While the primary aim of the Law is Guidelines on independent monitoring opment of new legislation on primary to facilitate the implementation of frameworks and their parti­ci­pation in education; ensured that concerns of the Convention on preventing and the work of the Committee. OHCHR will persons with disa­bili­ties are reflected combating vio­lence against women in the Operational Plan of the National undertake capacity-building activities for and domestic vio­lence (the Istanbul Strategy on the Implementation of the the CRPD monitoring framework in 2020. Convention), ratified by North Macedonia Council of Europe Istanbul Convention; at the end 2017, OHCHR has ensured and established a system of annual that the Working Group is also aware of reporting related to the Operational ND3 – National laws on sexual and the relevant international human rights Plan for the Implementation of the CRPD gender-based vio­lence (SGBV) protect standards and obligations of the State, Recommendations, which was adopted women from SGBV and comply with includ­ing CEDAW Committee’s guidance in 2018. The first such annual report was international human rights standards. and the recommendations issued by the published in October 2019. international human rights mechanisms.

Additional efforts are needed to In addition to supporting the UN mem- improve the monitoring framework. The OHCHR contributed to improv- bers of the Working Group, the OHCHR Ombudsperson was designated to per- ing the level of compliance of the Human Rights Adviser provided compre- form the monitoring functions, together Law on Prevention and Protection hensive comments on the “0” draft of the with persons with disa­bili­ties and their against Gender-Based Vio­lence with law produced by the Working Group, in

UN HUMAN RIGHTS REPORT 2019 351 UN HUMAN RIGHTS IN THE FIELD

August. This helped the Working Group OHCHR’s support and civil society advo­ make linkages with the SDGs, the Human to sharpen its focus on compliance with cacy, no concrete measures have yet Rights Adviser indexed all of the recom- international human rights standards been put in place. After the Govern­ment mendations with respective SDGs and and ensure the inclusion of provisions accepted the UPR recommendations and added a new cluster for SDG-specific on effective prevention and protection. agreed to amend legislation to prohibit recommendations. OHCHR will continue to support the marriages for indi­viduals­ under 18 years OHCHR used several opportunities to of age, no further action has been taken drafting and adoption process through- familiarize its partners with the OHCHR by partners or requested from OHCHR. out 2020. Guidance Note on data collection and disaggregation and noted how it could support programming and implemen- Development (D) ND4 – Increased public recognition of tation of the SDGs and human rights the need to combat child marriage as a D8 – The State collects reliable data sys- obligations. Notably, these opportunities harmful practice. tematically and in a timely manner on the included a training on the preparation of situation of women and groups at risk of the VNR that was organized by UNDP for discrimination. the Govern­ment, in August, and a training OHCHR contributed to increasing the for the NMRF, in April. As a member of the Govern­ment-led National Coordination level of engagement of selected groups Body on Non-discrimination (NKT AD), supporting human rights messages. OHCHR contributed to the improvement the Human Rights Adviser presented The 2019 focus of the UNCT and UN of the compliance of two selected State the OHCHR Guidance Note at the NKT agencies on early marriage shifted when institutions/programmes with interna- AD’s thematic forum, in March. As result, preparations began for the new Common tional human rights norms and standards. the NKT AD used the OHCHR Guidance Country Analy­sis and the United Nations The UNCT, govern­ment partners and Note to conduct analy­sis on data collec- Sustainable Development Cooperation the NMRF became more familiar with tion. The results and recommendations Framework. Following the OHCHR brief- the rights-based approach to data and were presented to the Govern­ment ing on the joint CEDAW-CRC General the benefits of its application. Technical in November. Recommendation/General Comment advice on human rights indicators was on Harmful Practices, the UNCT Human provided for the UNCT activities sup- Rights and Gender Theme Group dis- porting the national SDG process and cussed possible options for joint UNCT the VNR of the SDGs implementation. advo­cacy and action. UN colleagues The UNCT decided not to conduct the agreed that it would be best to address mid-term review of the current UNDAF the issue through the new UNSDCF. in light of the fact that it is required to Since CCA preparations began in evaluate the UNDAF while preparing the December, further contributions could CCA for the new UNSDCF 2021-2025. not be made. To support a rights-based preparation Civil society used the occasion of of the CCA and the new UNSDCF, the North Macedonia’s third UPR cycle, in Human Rights Adviser updated the January, to lobby other UN Member internal matrix for the UNCT to reflect States about this issue. As a result, two the most recent UN human rights rec- specific recommendations were made ommendations that have been issued, to the Govern­ment to eradicate the phe- includ­ing the outcome of the third UPR nomenon of early marriage as a matter cycle and the recommendations out- of priority. In June, the State accepted lined in the reports of the Subcommittee both recommendations and assigned on Prevention of Torture, which were their implementation to the Ministry made public in 2019. To further support of Labour and Social Policy. Despite the UNCT and its partners to effectively

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RUSSIAN FEDERATION Partici­ pation­ (P) Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 P6 – Human Rights High Education 145.87 million 17,098,000 km² 0.824 (rank: 49/188 in 2018) Status A, 2014 Programmes expanded and institutional- Type of engagement Human rights staff (Other type of field presence) ized in the regions of Russian Federation and selected CIS countries. Year established 2008

Field office(s) Moscow UN partnership framework n/a OHCHR contributed to improving the Staff as of 31 December 2019 5 narrative on human rights by raising awareness about and integrating human rights into university curricula across the XB requirements 2019 US$988,000 Russian Federation and Commonwealth of Independent States (CIS) countries. Key OMP pillars in 2019 The Human Rights Master’s Programme is the first Master’s programme in the 1 2 3 Please refer to Data sources and notes on p.208. field of and is supported by OHCHR. Building on the progress achieved in the past five years, the curricula of the Human Rights PILLAR RESULTS: Master’s Programme were enhanced through the elaboration of new teaching materials. In 2019, three new courses Mechanisms (M) were developed, includ­ing one on the SDGs and human rights, a second on the M2 – Awareness and knowledge their knowledge about the role of the international protection of social, eco- about use of human rights mecha- international human rights mechanisms nomic and cultural rights and a third on nisms increased among NHRIs and through interactive sessions with mem- the international legal aspects of limita- government­ representatives. bers of CAT and experts from OHCHR. tions on human rights. As of the end of During the one-week programme, par- 2019, all three courses were available in ticipants enhanced their understanding distance-learning format. of the international human rights norms OHCHR supported greater awareness and standards on torture. They were In 2019, the Human Rights Master’s and use of international human rights also introduced to various OHCHR tools Programme Consortium finalized two mechanisms by NHRIs and govern­ that outline the essential role of the new collective authorship textbooks on ment representatives from the Russian international human rights machinery in the international protection of social, Federation. preventing and combating torture and economic and cultural rights (printed at In November, OHCHR organized and ill-treatment, includ­ing by strengthening the end of 2019) and on international pro- hosted the seventh edition of the annual the practical implementation of interna- tection of the rights of children. human rights orientation programme, tional norms at the national level. The Consortium explored possibil- in Geneva, for Russian civil servants. ities for a further expansion of the The 12 participants (five women, seven Programme to the south of Russia and men), from the Ministries of the Interior, CIS countries. In Uzbekistan, 36 rep- Foreign Affairs, Justice, the Office of resentatives (11 women, 25 men) from the Prosecutor General, the Federal Uzbek law schools, relevant line minis- Penitentiary Service and the Office of tries and State agencies learned about the Federal Ombudsperson, increased OHCHR’s experience of develop­ing the

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Human Rights Master’s Programme with and the Govern­ment. It also provided an Council of Europe, the State Duma, NGOs the Consortium of Russian universities. opportunity for the Consortium to pres- and lawyers, academics, human rights Participants also learned how human ent its achievements and for programme defenders, medical doctors and journal- rights education can contribute to the alumni to share their stories. ists exchanged experiences regarding implementation of the 2030 Agenda for means of countering vio­lence against Sustainable Development. women following the 2017 amendments Non-discrimination (ND) In June, the VII Summer School on decriminalizing vio­lence in domestic set- Human Rights, the largest annual human ND1 – NHRIs and civil society organi- tings. Participants reiterated the critical rights education event in Russia, was zations significantly strengthen their role of treaty body recommendations and held in Perm and was hosted by the anti-discrimination work, giving particu- the need for relevant stakeholders to join Consortium, with the support of OHCHR. lar regard to domestic vio­lence, gender efforts regarding their ongoing monitor- The week-long Summer School was ded- equality, disability, and the rights of indig- ing and implementation. icated to the SDGs and the role of human enous peoples. This work complies with In collaboration with the UNIC, OHCHR rights in their achievement. Participants international human rights standards. organized a round-table, in December, included 212 students from nine univer- on the occasion of International Day of sities based in seven Russian regions, Persons with Disa­bili­ties. The focus of the 30 eminent national and interna- The Office contributed to increasing the event was the role of mass media in cov- tional professors, the Director of the level of compliance of legislation/policy ering disability-related issues, protecting OHCHR Field Operations and Technical with international human rights norms the rights of persons with disa­bili­ties and Cooperation Division, human rights and standards in relation to the rights of the interaction between organizations of defenders and experts from the UN indigenous peoples and minority rights. persons with disa­bili­ties and the media human rights treaty bodies. As part of community. Over 30 representatives of the Summer School, a round-table on OHCHR continued to build the capacity of organizations of persons with disa­bili­ties business and human rights was jointly indigenous peoples to undertake human and journalists interacted with represen- organized with the Global Compact Local rights advo­cacy and facilitated the selec- tatives from the State Duma, the CRPD Network in Russia. The event focused tion of eight fellows (six women, two men) Committee and the Office of the Federal on promoting respect for human rights from five regions of the Russian Federation Ombudsperson. Participants learned by businesses in compliance with the for the Russian-language component about the latest legislative changes UN Guiding Principles on Business and of the OHCHR Indigenous Fellowship related to the rights of persons with Human Rights. The sixth European Moot Programme. In 2019, the fellows improved disa­bili­ties and the increased number of Court competition, held in partnership their knowledge about the international with “Plaider les droits de l’homme” human rights mechanisms, includ­ing how individual complaints that have been sub- and the International Human Rights they apply to climate change and SDGs. mitted to address the lack of accessibility Film Festival “Stalker”, was an inte- As part of the programme, the fellows had in Russian regions. gral component of the Summer School the opportunity to exchange views with Following anti-discrimination work that outreach programme. govern­ment officials, includ­ing represen- was undertaken before and during the tatives of the Ministry of Foreign Affairs, In addition, the Consortium organized 2018 FIFA World Cup in Russia, OHCHR the State Duma, the Office of the Federal its tenth anniversary celebration event finalized the “anti-discrimination leg- Ombudsperson and staff from OHCHR with the parti­ci­pation of rectors of the acy package,” which is pending official and the UN Infor­ma­tion Centre (UNIC). Consortium, the Federal Ombudsperson approval by the Ministry of Sport. Together and different regional ombudspersons Led by OHCHR, the UN Gender Theme with UNESCO, the Office followed up with and representatives from the Ministries Group in the Russian Federation Moscow city authorities regarding their of Foreign Affairs and Education. The organized two major events to commem- declared decision to join the Coalition of event emphasized that the success of orate International Women’s Day and Cities against Racism, a network of cities the Human Rights Master’s Programme International Day for the Elimination of interested in sharing their experiences is due to the fruitful cooperation between Vio­lence against Women, respectively. to improve their policies to fight racism, Russian universities, OHCHR, NHRIs Representatives of UN agencies, the discrimination and xenophobia.

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Development (D) and the St. Petersburg branch of the Federal State Statistics Service. The D8 – National institutions, assisted by workshop increased the awareness of communities, systematically collect, national stakeholders about guidance disaggregate and use data relevant for on human rights indicators and high- advancing human rights when they mon- lighted links between the SDGs and the itor and implement the SDGs. human rights indicators frameworks. The sessions focused on addressing gaps in data collection, disaggregation and analy­sis and develop­ing more systematic collaboration between human rights and In May, in Moscow, OHCHR and the national statistics institutions. This was Office of the Federal Ombudsperson followed by exchanges on the feasibil- co-organized an expert round-table for ity of human rights and SDGs indicators, the presentation of OHCHR’s publication the human rights approach to data and Human rights indicators: A guide to mea- opportunities to strengthen collabo- surement and implementation, which ration with statistics institutions in the was translated into Russian. Participants, regions of the Russian Federation. includ­ing over 30 representatives of the Office of the Federal Ombudsperson, various offices of regional ombudsper- sons, the Federal State Statistics Service, the Ministry of Foreign Affairs, civil soci- ety and FAO, learned about developing­ indicators to measure progress in the implementation of international human rights norms and principles. Participants welcomed the translation of the publi- cation into Russian, enabling regional ombudspersons to use a uniform UN methodology to prepare their reports. Following the round-table, the Office of the Federal Ombudsperson organized the dissemination of the publication through a network of regional ombud- spersons in more than 80 constituent units of the Russian Federation. As a follow-up to the Moscow launch of the publication, OHCHR and the Office of the Ombudsperson in St. Petersburg co-organized a workshop, in October, entitled “Human rights indicators and the 2030 Agenda for Sustainable Development.” Participants included over 30 representatives from offices of regional ombudspersons from the North- West and the Central Federal Districts

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directly apply UN treaty norms or refer SERBIA to them in their narrative. The Supreme Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 Court of Cassation and the Constitutional 8.77 million 88,000 km² 0.799 (rank: 65/188 in 2018) Status A, 2015 Court are develop­ing the markers with Type of engagement Human Rights Adviser the support of the Judicial Academy and OHCHR, which will ensure that trends in Year established 1996 direct application of international human Field office(s) Belgrade rights law are captured and measured United Nations Development Partnership over time. UN partnership framework Framework 2016-2020 Following the decision issued by the UN Staff as of 31 December 2019 2 Committee against Torture, in August, related to the extradition from Serbia to Turkey of a Turkish political activist, XB requirements 2019 US$606,000 two consultations were held in Belgrade and Nis with prosecutors, and judges of higher and appellate courts. The objec- Key OMP pillars in 2019 tive of the consultations was to gain

1 2 3 Please refer to Data sources and notes on p.208. first-hand knowledge about the impor- tance of the decisions issued by the international human rights treaty bodies, PILLAR RESULTS: encourage the revision of procedures and enhance the knowledge of acting judges regarding extradition and the Accountability (A) non-refoulement principle. A1 – The judiciary more often and more first initiated in 2018, was further devel- In addition, the Office supported the comprehensively references international oped to provide a more comprehensive monitoring of strategic cases in non-con- human rights law in domestic decisions. cross-referencing scheme, including­ tentious proceedings concerning legal capacity. In 2019, an increase in the in relation to the jurisprudence of the number of legal capacity reinstatements European Court of Human Rights and was reported. This can be attributed to a well-systematized national legal sources, OHCHR successfully promoted the better understanding of the international and to ensure that the database can be increased use of international human human rights framework, the promotion easily used by all levels of the judiciary on rights law and jurisprudence in court of the universal right to legal capacity a daily basis. A second round of trainings proceedings and decisions. It did so by in capacity-development activities for on international human rights standards providing technical advice on the imple- the judiciary and direct support that was mentation of the first national curriculum were provided to over 65 members of provided for those who were directly for the application of international human the judiciary (basic, higher and appellate affected through regular cooperation rights law. courts and prosecution offices). Finally, with the CSO that provides free legal four thematic manuals were published aid, with crucial support from OHCHR Following the piloting of this national on the rights of persons with disa­bili­ties, for several years. Furthermore, in 2019, curriculum, the Office continued its asylum/migration, the rights of the child the Supreme Court of Cassation handed cooperation with the Judicial Academy and non-discrimination and were distrib- down its first historic decision in a legal and external experts to make the curric- uted to courts across the country. capacity case, through the extraordinary ulum widely available to members of the legal remedy of revision, with support judiciary operating in varied jurisdictions The follow-up to the trainings and from OHCHR. and with different affiliations. The online OHCHR’s online resources are case law database to support the direct applica- markers, which for the first time enable tion of international human rights law, the monitoring of court decisions that

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the same table and securing outcomes norms and standards in five specific pol- Mechanisms (M) that are acceptable to all parties. icy areas, includ­ing by providing expert M1 – The National Mechanism for legal advice to key partners. Furthermore, with expert and technical Reporting and Follow-up (NMRF) verifies support from OHCHR, the Govern­ment of More specifically, a proposal for the new that recommendations made by human Serbia, together with CSOs, developed a National Strategy on Disability for 2020- rights mechanisms are implemented; it set of human rights indicators. An original 2024 was finalized and, in December, uses human rights indicators. online database was produced to reflect the Ministry of Labour and Social Policy nearly 400 recommendations received coordinated official public discussions

from the international human rights on the Strategy. It is anticipated that it OHCHR contributed to the enhanced mechanisms. The database includes an will be adopted by the Govern­ment in functioning of the mechanisms for interactive feature that ensures that all early 2020. A draft of the National Anti- integrated reporting and/or implemen- indicators that measure progress, their Discrimination Strategy for 2020-2025 tation of outstanding recommendations level of implementation and all relevant and the respective Action Plan were issued by the human rights treaty bodies, collected data can be easily updated and finalized. An official public discussion special procedures, the Human Rights monitored by the general public. is expected to begin in January 2020. Council and the UPR. A proposal was drafted for the Action Serbia’s NMRF model, which was devel- Plan on Roma Inclusion, which followed In addition to OHCHR’s provision of con- oped with continuous guidance and a set of intense consultations with the sistent advisory and technical support support from OHCHR, is an example of Roma communities across the country. for the Govern­ment’s ongoing activities a good practice for other States develop­ Amendments were also drafted for vari- regarding reporting and follow-up during ing their national mechanisms. ous sections of the Family Law, includ­ing the year, the Office helped to strengthen those concerning the legal capacity Serbia’s NMRF has subsequently commit- the capacities of the NMRF in Serbia and deprivation regime, which are expected ted to develop­ing a UPR Implementation advance the processes of cooperation to be presented in a public discussion Action Plan, a Mid-Term Report on UPR between national mechanisms, civil soci- in early 2020. Finally, OHCHR was implementation and a set of indicators ety and other relevant actors. Moreover, requested to provide specific guidance for the thematic clustering of recommen- tangible progress was made in the on the creation of the National Strategy dations. These activities will commence measurement of implementation, trans- on Combating Domestic Vio­lence. The in early 2020, with coordinated support parency, promotion and UPR follow-up. Office produced a background document from OHCHR. that was informed by recent recommen- OHCHR facilitated the parti­cipation­ of dations issued to Serbia by CEDAW and CSOs in regular sessions of the NMRF the Council of Europe’s Group of Experts Non-discrimination (ND) and their engagement with issues of par- on Action against Vio­lence against ticular relevance, such as the prohibition ND1 – The Govern­ment adopts or Women and Domestic Vio­lence as well of torture, specific reporting exercises reforms five policies, laws or practices as collected inputs from CSOs and wom- and follow-up to individual decisions. that prevent or sanction discrimination en’s organizations that were submitted At the request of CSOs, the Office orga- in a manner that ensures they comply in response to a set of questionnaires. nized a series of thematic sessions with human rights standards; in doing The drafting of the policy is scheduled for between relevant line ministries and so, it pays particular attention to the January 2020 and will include expert and members of the NMRF that are focused rights of women, persons with disa­bili­ technical support provided by OHCHR. on follow-up and the exchange of ties, LGBTI persons, Roma, and migrants insights and infor­ma­tion about account- and refugees. ability regarding specific processes or outcomes, thereby enabling greater sys- temic cooperation between the CSOs and the NMRF. OHCHR demonstrated The Office contributed to improving the that it continues to play a convening role level of compliance of policies and leg- that is key to bringing relevant actors to islation with international human rights

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Partici­ pation­ (P) THE RIGHT TO LIVE INDEPENDENTLY IN SERBIA: DONA’S STORY P6 – Organizations of persons with disa­ bili­ties (OPDs), organizations of national minorities, and other human rights civil Dona was born in 1954. Over the last 25 years, she has experienced vio­lations society organizations are more visible, of the right to a fair trial, the right to a private life, the right to legal capacity, are included consistently in relevant pol- the right to an independent life in a community and the right to dignity, all of icy and decision-making, and engage which are guaranteed by the Constitution of Serbia and international human more frequently with UN mechanisms rights treaties. and Agenda 2030. It all began in 1993, when Dona was fully deprived of her legal capacity and the right to decide and make choices about her life, health and finances. For more than a decade, she was forced to live far away from her family, in a closed OHCHR enhanced the level of meaningful group home for persons with disa­bili­ties. In this institution, indi­vi­duals reside parti­cipation­ of rights-holders, especially against their will and experience inhumane treatment and conditions, due to women and persons with disa­bili­ties, in a lack of support in their communities. selected public processes. In 2015, with the help of her daughter and a CSO that partners with OHCHR, OHCHR contributed to achieving this Dona was able to leave the institution and live independently, in her home, in result by helping to create space for CSOs Belgrade. She received regular check-ups from her doctor, made friends and in policymaking processes. For instance, enjoyed her freedom. over 30 OPDs and CSOs contributed to public discussions on the drafting Yet, because she was still living under a guardianship, she did not have the of the new National Strategy on Social legal right to make independent and autonomous decisions. Inclusion of Persons with Disa­bili­ties In 2019, through a programme coordinated by OHCHR in Serbia, and with the 2020-2024. The drafting of the new Anti- assistance of a lawyer, Dona claimed her rights before the court. Based on a Discrimination Strategy relied on inputs long-standing medical approach in Serbia, of advocating for the removal of the from CSOs through discussions and ques- legal capacities of persons with disa­bili­ties, psychiatrists involved in the case tionnaires; consultations that were held were hesitant to support the reinstatement of the legal capacity of a woman between CSOs and the Govern­ment on who had been diagnosed with a mental health problem. Nevertheless, her the draft Anti-Discrimination Law in 2019; lawyer’s arguments, which included references to international human rights consultations that were held between law, and the topical knowledge of the judge, which was strengthened during the Govern­ment, CSOs and women’s OHCHR’s judicial training workshops, resulted in a judicial decision that defied organizations on the parameters of the that approach. new Strategy on Eradicating Domestic Vio­lence; and the coordination and fram- In September, after 25 years, Dona was finally granted the right to make all ing of the critical inputs of OPDs to the decisions about her own life as a subject, not an object, of human rights law. Family Law amendments regarding the legal capacity regime.

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OHCHR actively participated in the SOUTH CAUCASUS formulation of the Common Country Human Rights Adviser based in Tbilisi, Type of engagement Analy­sis (CCA) for Azerbaijan and pro- Human Rights staff in UNCT Azerbaijan vided significant inputs related to the Countries of engagement Georgia, Armenia and Azerbaijan human rights situation in the country, Year established 2007 including­ in the concluding observations issued by various international human Field office(s) Tbilisi, Georgia and Baku, Azerbaijan rights mechanisms regarding Azerbaijan. UN Partnership for Sustainable Development OHCHR played a major role in ensuring 2016-2020 (Georgia) that HRBA was applied in the process of UN Development Assistance Framework the preparation of the CCA. UN partnership framework 2016-2020 (Armenia) In May, the Office of the State Inspector UN-Azerbaijan Partnership Framework 2016- was established in Georgia, follow- 2020 ing five years of advo­cacy efforts that Staff as of 31 December 2019 8 were undertaken by OHCHR before the executive and legislative branches in co-operation with the NHRI and NGOs. XB requirements 2019 US$1,080,000 The Office of the State Inspector has been designated as the independent institution responsible for the investi- Key OMP pillars in 2019 gation of serious human rights abuses allegedly committed by law enforcement agencies. To this end, the State Inspector PILLAR RESULTS: has taken over responsibility for the func- tioning of personal data protection that was formerly exercised by the Personal Accountability (A) Data Protection Inspector. OHCHR pre- sented a case study on the establishment A5 – The UN assistance efforts in the supported the preparation of the joint process during the launch of the Office justice sector of the South Caucasus UNCT report that was submitted to of the State Inspector that was held in substantially integrate international norms CESCR for its list of issues in anticipa- June. The case study described the and standards and the processes for tion of its consideration of Azerbaijan’s advo­cacy work that had been carried discussing these issues are further institu- fourth periodic report. The submission out by OHCHR, the NHRI and NGOs for tionalized by the UN and the govern­ments highlighted major concerns regarding the creation of the independent investi- the implementation of the recommen- of the region. gative mechanism, the criteria they had dations outlined in the Committee’s developed for the effective operation of concluding observations in 2016. Jointly the mechanism, earlier legislative efforts with UNFPA, OHCHR provided sup- and the adequate financial resources that OHCHR contributed to integrating port in updating the assessment of the would be necessary for the investigatory international human rights norms and implementation status of the recommen- function of the State Inspector’s Office. standards, as well as the recommenda- dations issued by the UPR on sexual and The investigatory function of the State tions of the human rights mechanisms, reproductive health and rights, which will Inspector’s Office was formally launched, into the UN common country pro- serve as an input for the Govern­ment’s in November, when the Office received grammes in the region. Beijing+25 National Review Report sufficient funds from the State. In 2020, in 2020. In Azerbaijan, OHCHR continued lead- OHCHR will focus on building the capac- ing the UNCT thematic group on human ity of the newly hired investigators and rights, and in August, coordinated and monitor the performance of the Office.

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It will also monitor other factors affecting of the results of the Mainstreaming, with the leadership of the academy and its performance, such as State funding Acceleration and Policy Support mission the Head of the Ministry’s Human Rights and cooperation with other State insti- and a retreat on launching the formula- Department. Their mandates to ensure tutions, especially the Prosecutor’s tion process. At both events, OHCHR that human rights are respected in inves- Office, the Ministry of the Interior and the highlighted the human rights situation, tigative processes and in preliminary Ministry of Justice’s Penitentiary Service. recommendations of the international detention were reinforced in 2018. The human rights mechanisms, existing gaps module was highly appreciated by the During 2019, OHCHR worked closely and other factors that must be taken into leadership of the police academy which with other UN agencies, notably UN account in the CCA. . pledged that all 1,100 investigators in the Women, to continue assisting the Human Ministry of Internal Affairs would receive Rights Department of the Ministry of Internal Affairs (MIA) of Georgia. The training on the module. It was planned A1 – The National Human Rights Action Department was created in late 2017 and that OHCHR would begin by training Plan in Georgia continues to comply with OHCHR was one of the first international the police academy lecturers in a train- international human rights standards and actors to engage with the Department ing of trainers and joint trainings would is periodically updated to reflect recom- in order to strengthen its capacity and be subsequently delivered to the 1,100 mendations of international and regional knowledge about international human investigators. In March, OHCHR con- human rights mechanisms. The High rights standards. In March 2019, the ducted the first training on the use of the School of Justice, the Police Academy and Minister of Internal Affairs decided to module for 23 trainers from the police the Legal Affairs Committee in Parliament, expand the mandate of the Human academy, three of whom were women. as well as the Bar Association and its Rights Department beyond the super- The training covered international human Training Centre in Georgia, deepen their vision of investigations into hate crimes, rights standards relevant to the investi- knowledge of international human rights domestic vio­lence and juvenile crimes gation of criminal cases in the areas of standards. to include supervision of the quality of domestic vio­lence, torture and ill treat- the investigation of crimes against life ment, discrimination and the right to a fair and health. In June, OHCHR organized trial. Following the training, the Human and facilitated a workshop for the MIA, The Office contributed to increased com- Rights Department presented OHCHR the Office of the Prosecutor and NGOs pliance of Georgian national institutions with statistics that indicated that the use on international human standards to with international human rights norms of the module throughout the training assist the MIA Human Rights Department and standards, includ­ing with regard period and during investigations led to with this new function. The workshop to the use of new technologies in the improvements in the investigation pro- established a common understanding context of the right to privacy and inter- cess. It also reportedly resulted in an about achievements, gaps, practical national standards on the prohibition of increased number of charges laid against challenges and coordination needs. torture and the right to a fair trial. suspects in cases of domestic vio­lence The participants agreed on the opera- and hate-motivated crimes that were OHCHR continued its engagement with tional structure and the methods to be often dismissed or classified as lesser several key institutions in Georgia to followed by the new Department, as well crimes in the past. OHCHR conducted increase their awareness about interna- as a number of guidelines to be devel- two further capacity-building workshops tional human rights standards. During the oped by OHCHR for the Human Rights for the Human Rights Department and year, the most significant progress was Department for investigators and its staff supplied it with materials on international made in OHCHR’s engagement with the tasked with monitoring the quality of the human rights standards. MIA and the police academy. In January, investigations of crimes against life and OHCHR finalized the development of the OHCHR continued its long-standing health. OHCHR will continue to engage human rights module for the police acad- efforts to increase the knowledge of with the Department and monitor its per- emy. The 180-page module, developed defence lawyers regarding interna- formance in fulfilling its mandate. by OHCHR, aims to increase the knowl- tional and applicable regional human OHCHR participated in the initial stages edge of MIA investigators on human rights standards. For all members of the of formulating the CCA for Georgia after rights-related internal and international Georgian Bar Association, completion of attending a workshop on the validation standards. The module was discussed OHCHR’s workshops counted towards

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fulfilling their mandatory requirements for Bar Association throughout the year. Partici­ pation­ (P) continuous professional training. In 2019, OHCHR provided newly admitted mem- OHCHR conducted five capacity-build- bers with the Azerbaijani translation of P4 – In at least one country, persons ing workshops for 86 members of the specific OHCHR publications, including­ with disa­bili­ties make increasing use of Bar (31 women, 55 men) to increase their a compilation of key general comments national protection systems. knowledge of international standards on and general recommendations issued the rights to freedom of peaceful assem- by CAT, CEDAW, CESCR, CMW, CRPD bly and of association, the right to a fair and the Human Rights Committee in OHCHR contributed to increasing the trial, prohibition of torture and ill-treat- addition to the most recent concluding use of national protection systems in ment, freedom of religion or belief and observations issued by the human rights combating discrimination. The success treaty bodies. In April, OHCHR coop- compliance with international human of the workshops was evidenced during erated with the management board of rights norms and standards by persons continuous trial monitoring that was con- the Bar Association, the Office of the with disabili­ ties­ in Azerbaijan. ducted by a respected national NGO. Ombudsperson and civil society organi- Within the framework of the project on Available data on the cases accepted by zations to organize and deliver a seminar “Enhancing the capacity of national the European Court of Human Rights also on the “United Nations human rights sys- actors in promoting and effectively suggests an improvement in the quality tem and protection mechanism in the protecting human rights,” which was of submissions by Georgian lawyers. administration of justice.” Participants supported by the EU delegation to included 40 practicing lawyers and newly Azerbaijan, OHCHR continued providing Due to the increased engagement of admitted members. The training raised free legal assistance services through other international actors with the judi- their awareness about the UN human the legal aid resource centre that was ciary, OHCHR was able to begin reducing rights mechanisms, international human established in 2018. As a result, 403 its training activities on human rights rights standards in the administration of indi­vi­duals (181 women, 122 men) repre- awareness for the judiciary and their justice and the role of civil society and senting members of vulnerable groups, assistants/clerks. Nevertheless, OHCHR the lawyers’ community in protecting includ­ing persons with disa­bili­ties, cooperated with the Council of Europe, human rights. Moreover, OHCHR sup- low-income populations and victims of USAID, the EU, the High School of Justice ported the Bar Association in develop­ing gender-based vio­lence, received legal (Judicial Academy) and the Supreme the lawyers’ handbook, which provides assistance during the year on a broad Court to co-organize the third annual legal practitioners with guidance on range of matters. Specific focus was winter school for judicial assistants. professional responsibilities and an placed on social and economic rights, During a week-long school session, overview of legal resources and infor­ a total of 36 participants (26 women, ma­tion on govern­mental, legislative and such as social security rights, property 10 men) improved their knowledge of judicial structures, directories of national rights, family law and labour rights. The international human rights standards, legal resources and international human number of applicants in 2019 increased especially with regard to freedom of rights resources, such as the UN human from 355 in 2018 to 403 in 2019. expression and the prohibition of dis- rights mechanisms, the lawyers’ code of In addition to legal services rendered in crimination. The increased knowledge of ethics and the UN human rights system Baku, OHCHR worked closely with the judges was documented by the Georgian and its mechanisms. Ombudsperson to organize monthly Young Lawyers Association during their onsite legal services in the western, ongoing monitoring of trials. northern, north-eastern and south-east- In 2019, OHCHR continued cooperating ern regions of Azerbaijan, namely, the with the Bar Association in Azerbaijan regions of Ganja, Guba, Jalilabad, Shaki and providing assistance in building the and Tovuz. Out of 403 cases handled by capacity of newly admitted members of the Resource Centre, 201 cases were the Bar. On behalf of the UNCT, OHCHR handled in the regions. Of the regis- monitored a number of written admission tered applications, 45 per cent related to examinations that were organized by the social security rights, 19 per cent related State Examination Commission and the to family law rights, 14 per cent related

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to housing and property rights, 10 per to clarify a number of questions related Non-discrimination (ND) cent related to labour rights, nine per to international human rights standards cent related to civil disputes and the rest ND7 – Officials, journalists, lawyers, and provided confidence for NGOs and related to criminal cases. university and high school students members of minority groups to raise their increasingly advocate for, and work to issues of concern. OHCHR maintained In 2019, OHCHR continued support- create, inclusive and diverse societies. ing the legal aid resource centre that contact with meeting participants, includ­ facilitated outreach activities, access ing in relation to the ongoing lawsuit to national legislative data, interna- regarding a building permit for a mosque in Georgia’s third largest city, Batumi. tional human rights instruments and The Office contributed to increasing the other human rights-related educational level of engagement of parliamentarians At the regional level, OHCHR engaged materials for CSOs and members of the and govern­ment officials in supporting in discussions about freedom of religion lawyers’ community. OHCHR hosted 27 the right to freedom of assembly and at a conference that was held in , onsite capacity-building events, includ­ combating discrimination based on sex- Armenia, in May, entitled “Contemporary ing seminars, round-table talks, trainings ual orientation. issues of freedom of religion in Armenia, and workshops. These trainings brought Georgia and beyond”, which was together 281 participants (165 women, In 2019, OHCHR focused on advo­cacy to increase the protection of the rights organized by Armenian NGO Eurasia 116 men), compared with 154 participants Partnership Foundation. Religious that received training in 2018. Out of 281 of religious minorities as one of the pri- orities in Georgia. The Office used the organizations, NGOs and govern­ment participants trained in 2019, approxi- organizations from Armenia and Georgia, mately 65 per cent represented CSOs meetings of the Parliament’s Human as well as experts from the OSCE Office working in areas related to the rule of Rights Committee on issues of freedom for Demo­cra­tic Institutions and Human law, the rights of women and the rights of religion to bring together members of Rights and international NGOs, took part of the child, social work and sustainable various religious communities, Members in the conference. Discussions focused development. Approximately 15 per cent of Parliament, govern­ment officials, on key policy and legislative challenges of the participants were lawyers and NGOs and OHCHR to advocate for the and gaps in Armenia and Georgia and nearly 20 per cent represented social freedom of religion and highlight the sit- ways to address them. OHCHR moder- workers, teachers, journalists and youth. uation of religious minorities. This was ated a session on “Global challenges in The trainings covered a range of topics, the first time that religious minorities the field of freedom of religious belief and such as inclusive education and the were able to express their views and the situation in Armenia and Georgia.” rights of persons with disa­bili­ties, wom- challenges in the Parliament. Ultimately, en’s rights and women’s empowerment, the meetings failed to find a resolution The conference provided an opportunity gender-based vio­lence, the rights of the related to the July 2018 decision of the to demonstrate the international commu- child, youth parti­cipation,­ human rights Constitutional Court that the financial nity’s interest in freedom of religion and advo­cacy, social work, research and civil and tax advantages enjoyed by the dom- minority issues in the region. society, Sustainable Development Goals, inant Georgian Orthodox Church were Combating discrimination on the grounds human rights and the environment, inter- discriminatory to other religious groups. of sexual orientation was another priority national human rights mechanisms and The Parliament was instructed to either in 2019. OHCHR assisted in the prepa- remove the advantages made available the development of submissions to the ration of a meeting of the diplomatic to the Orthodox Church or extend them international human rights mechanisms. community and representatives of the to other religious groups. As of the end The participants received over 2,000 Govern­ment with the Georgian LGBTI of 2019, the Parliament had not changed copies of human rights and educational community in the UN House, in May, to the legislation, however, the meetings materials that were available at the legal commemorate International Day against provided an opportunity to challenge library of the resource centre. OHCHR Homophobia, Transphobia and Biphobia. translated the materials into the national the ideas of certain MPs regarding lim- language and printed the documents itations on freedom of speech related Many of the challenges experienced for dissemination. to “blasphemy” and publicly highlight by the LGBTI community, includ­ing difficulties in obtaining building per- those identified by the UN Independent mits for new mosques. OHCHR helped Expert on protection against vio­lence

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and discrimination based on sexual ori- entation and gender identity during his OHCHR’S LONG-TERM COMMITMENT TO CAPACITY-BUILDING BEARS autumn 2018 country visit to Georgia, FRUIT IN GEORGIA were discussed. OHCHR helped to deve­lop common advocacy­ points in order to call for changes to policy and in OHCHR has been engaged in capacity-building for members of the Georgian the narrative with regard to LGBTI per- Bar Association (GBA) for approximately 10 years. Several times a year, OHCHR sons, in particular in statements made by offers a short course on international human rights standards and mechanisms, politicians to promote the inclusion and which is one of the courses that satisfies the mandatory requirement of con- implementation of existing anti-discrim- tinuing education for GBA members. ination legislation. In that time, the Office retained contact with many defence lawyers who had In June, OHCHR participated in a meet- taken the course in order to get feedback on how they have used the knowl- ing convened by the Minister of Internal edge they gained. Recently, OHCHR received feedback from two female Affairs, in Georgia, with selected mem- lawyers who participated in the course in 2017 and 2018, respectively. Both bers of the diplomatic community in order indi­vi­duals indicated that the course had led to an improvement in their skills to discuss preparations for the first Tbilisi and enabled them to better defend the rights of their clients. In addition, they Pride march, which was scheduled to take reported that they regularly applied international standards and the case law place later that month. The diplomats of the human rights treaty bodies and the European Court of Human Rights in insisted on the highest level of police pro- their own cases, which has helped to advance the promotion and protection tection for the participants, particularly in of human rights in the justice system. the face of threats by conservative and In a powerful example, one of the lawyers noted that she had successfully homophobic groups, to fulfil Georgia’s applied these principles and international standards in a case on the right to international obligations and constitu- housing of a minor. The dispute was related to property that the minor owned, tional provisions on the right to freedom of which had been mortgaged to benefit a microfinance organization. The house peaceful assembly. OHCHR participated was forcibly sold at an auction and the new owner demanded the eviction of in a number of subsequent consultations the minor. The lawyer challenged the validity of the mortgage agreement and on a possible Tbilisi Pride march, with the indicated that the right to housing had been violated since the mortgage was parti­ci­pation of the Ministry of Internal detrimental to the best interests and because the signatories did not have the Affairs, the LGBTI community and the right to mortgage the property of a minor. diplomatic community. The Pride march was postponed due to unrelated protests The judge accepted the arguments and restored the minor’s housing rights. that took up much of police resources. The lawyer emphasized that she would not likely have won the case had it not Nevertheless, consistent advo­cacy been for the OHCHR course. undertaken by the international com- As the lawyers concluded, the OHCHR course is making a significant contri- munity made it clear to authorities that bution to the development of justice and human rights protection in Georgia. they were responsible for protecting the rights of the LGBTI community to hold peaceful assemblies, despite threats from conservative elements of the soci- ety. A small Pride gathering took place in Tbilisi, on 8 July. OHCHR continued to emphasize the rights of LGBTI persons in its discussions with the Govern­ment and the Parliament, in particular with regard to strengthening the protection of social and economic rights, such as the right to health, of sexual minorities.

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(SBI) and eventually led to the transfer UKRAINE of the investigative team to SBI, in line 1 1 2 3 Population size Surface area Human Development Index NHRI (if applicable) with HRMMU’s recommendations that 43.99 million 604,000 km² 0.750(rank: 88/188 in 2018) Status A, 2014 the investigations are not interrupted. Human Rights Monitoring Mission in Ukraine Type of engagement (HRMMU) During the reporting period, the HRMMU continued to advocate for the proper Year established 2014 classification of hate crimes to ensure the Kyiv; field offices in Donetsk, Kharkiv, accurate reflection of the gravity of such Field office(s) Kramatorsk, Luhansk, Mariupol and Odesa crimes and their impact on victims and United Nations Partnership Framework 2018- the wider community. As a result of these UN partnership framework 2022 activities, the national police changed its approach in the investigation of hate Staff as of 31 December 2019 55 crimes and began to gather statistics that indicated an increased investiga- tion of relevant cases under hate crimes Total income US$6,706,216 charges, as compared with 2018. XB requirements 2019 US$6,735,000 Following sustained advo­cacy under- Total XB expenditure US$4,676,440 taken by the HRMMU to reduce unlawful Personnel Non-personnel PSC† pretrial detention in conflict-related 76% 15% 9% $3,543,111 $694,950 $438,379 criminal cases (prosecutions for crimes against national or public security), includ­ing through the submission of Key OMP pillars in 2019 amicus curiae to the Constitutional Court of Ukraine, the Court declared, in 1 2 3 † Please refer to Data sources and notes on p.208. June, that article 176.5 of the Criminal Procedure Code was unconstitutional. Under the article, which was originally PILLAR RESULTS: adopted in 2015, if there were grounds to impose restrictions against indi­viduals­ being prosecuted for crimes against Accountability (A) national or public security (conflict-re- A1 – State institutions hold to account On the occasion of the fifth anniversary lated cases), only pretrial detention could a higher proportion of those who are of the 2014 killings and violent deaths at be imposed (instead of bail or any other responsible for grave vio­lations of human the Maidan protests and in Odesa, the lesser measure). The quasi-automatic rights or humanitarian law. HRMMU published briefing notes sum- application and extension of pretrial detention in conflict-related cases, com- marizing accountability procedures and shedding light on the lack of progress bined with protracted trials, frequently led to extreme cases of pretrial detention The Human Rights Monitoring Mission in made to date. It also called for the polit- lasting more than four years in violation Ukraine (HRMMU) contributed to increas- ical will that is needed to address these of the rights of defendants. ing the compliance of State institutions concerns, hold perpetrators accountable and programmes with international and deliver justice to victims and their As part of its advo­cacy, the HRMMU human rights norms and standards by families. During 2019, the HRMMU exten- supported the UN Independent Expert advocating for accountability for human sively advocated for the investigations on protection against vio­lence and dis- rights vio­lations and providing expert of these cases, which coincided with the crimination based on sexual orientation legal advice on human rights issues. consideration of amendments to the Law and gender identity to explore the root on the State Bureau of Investigations causes of vio­lence and discrimination

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and consider the impact of social prej- the conflict-affected areas and armed Peace and Security (PS) udice and the rise of intolerance among groups. These interventions were under- extreme right-wing groups in Ukraine. PS3 – State authorities and non-State taken to support the Govern­ment and The HRMMU highlighted the issue of dis- actors protect and promote the human non-State actors in their work to address crimination based on sexual orientation rights of populations living in territories human rights vio­lations and improve and gender identity with local authori- affected by conflict. their understanding of the challenges ties and facilitated contact between being faced. security forces and civil society orga- Advo­cacy undertaken by the HRMMU, nizations working on these questions, combined with awareness-raising thereby advocating for the protection of The HRMMU contributed to increasing through its monitoring and reporting human rights defenders and on behalf the level of compliance of legislation/ activities, enabled relevant stakehold- of the LGBTI community. The HRMMU policy with international human rights ers to develop­ informed responses, participated in the global Free & Equal norms and standards on the protection campaign to raise awareness, counter of civilians in armed conflict, includ­ing such as the draft National Strategy for misconceptions and hate narratives and the payment of pensions to residents of the Protection of Civilians in Armed encourage acceptance and inclusion of non-Government-controlled­ territory, Conflict, pending approval in 2020, and the LGBTI community, includ­ing among remedies and reparations for civilian the Cabinet of Ministers’ Resolution on police officers. This advo­cacy, coupled victims of the conflict and the facili- Compensation for Property Destroyed with consistent public reporting, contrib- tated movement of civilians across the Due to Hostilities that was adopted in uted to the successful coordination and contact line. July. In August, the Govern­ment adopted a resolution regulating the movement of sufficient policing of the peaceful assem- The HRMMU contributed to significantly indi­vi­duals and the transfer of goods blies that took place during LGBTI Pride enhancing the knowledge of State across the contact line, taking into marches in Kyiv (June), Odessa (August) and civil society actors to address vio­ account comments and suggestions and Kharkiv (September). lations of international human rights and provided by the HRMMU and its part- humanitarian law. The HRMMU issued The HRMMU also continued to provide ners. The resolution prescribes the four periodic public reports in 2019, expert advice and technical support to establishment of a list of goods that are containing recommendations on human relevant stakeholders on the issue of prohibited for transfer, replacing the list rights and humanitarian law challenges, torture and ill-treatment. Specifically, of goods that were permitted for transfer, includ­ing in conflict-affected eastern the HRMMU took steps to increase and notes that children under 14 years Ukraine and Crimea. The monitoring the knowledge of monitors from the of age will be able to cross the contact and reporting activities of the HRMMU National Preventive Mechanism, the line without a passport. Lastly, advo­ on both sides of the contact line informed State Bureau of Investigation, the Civil- cacy undertaken by the HRMMU and decision and policymakers, as well as Military Cooperation Unit and civil partners contributed to the registration the Ukrainian population at large, about society regarding the international stan- of two draft laws in the Parliament. The the human rights situation, includ­ing dards for the treatment of prisoners and first relates to the payment of pensions to the socio-economic conditions in areas the investigation and documentation of residents in non-Govern­ment-controlled controlled by armed groups and in prox- torture and their capacity to advocate for territories and the second relates to the imity to the contact line. In addition to the prevention of torture and ill-treatment provision of remedies and reparations to the public reports, the HRMMU carried in places of deprivation of liberty. As a civilian victims of the conflict. If adopted, out 1,266 individual follow-up and advo­ result, the HRMMU noted a decrease in the laws would make a meaningful dif- the number of such cases (in conflict-re- cacy interventions with a broad range ference in the well-being of tens of lated cases) observed since 2015. of national and local key stakeholders, thousands of conflict-affected civilians. such as the Ministries of Temporarily . Occupied Territories and Internally The HRMMU remained the only entity Displaced Persons, Social Protection, (both national and international) that Defence, Justice and Foreign Affairs maintained a comprehensive record and the Security Service of Ukraine, of conflict-related civilian casualties in the Civil-Military Administration in Ukraine throughout the conflict period.

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Relevant data was disaggregated by sex, PS3 – State authorities adopt and imple- in the definition of rape and sexual vio­ age, place of incident, the weapon/type ment laws and programmes that prevent lence, identified in the thematic report, of incident and the entity/ies controlling sexual vio­lence from occurring in the were addressed in amendments to the the place of the incident. The record was context of conflict, vio­lence and inse- Criminal Code of Ukraine, which entered used to regularly inform State and non- curity; they investigate and prosecute into force on 11 January. State actors about the human costs of cases of sexual vio­lence that occur. the conflict. Such awareness-raising, coupled with consistent HRMMU advo­ PS3 – The UN’s early warning systems cacy aimed at the mitigation of civilian and strategies in Ukraine integrate and casualties, enabled the Mission to focus The HRMMU helped to strengthen over- update human rights infor­ma­tion and on life-saving activities in the east of sight, accountability and protection analysis.­ Ukraine, includ­ing by providing a wider mechanisms that conform to interna- tional human rights standards through “protection by presence.” The HRMMU was able to reach victims and witnesses the provision of technical assistance and of vio­lations, visit remote sites, shelled expert legal advice on conflict-related The HRMMU advanced the application of areas, grey zones, hotspots, checkpoints sexual violence.­ human rights-based approaches to the and vital civilian infrastructures; and implementation of the UN Partnership Throughout 2019, the HRMMU contin- record civilian casualties. As a result of Framework (UNPF) and the formulation ued to deve­lop joint advo­cacy initiatives HRMMU reporting and advo­cacy, which of the Ukraine Multi-year Humanitarian to combat sexual and gender-based were coordinated with complementary Response Plan (HRP) by providing tech- vio­lence. This advo­cacy was based efforts by other key actors, such as the nical advice and data that informs on on findings contained in the HRMMU’s OSCE Special Monitoring Mission to human rights and gender equality in key periodic reports, which provided assess- Ukraine, in 2019, conflict-related civilian thematic areas. ments and recommendations regarding casualties were 40 per cent lower than in sexual vio­lence in the context of con- To contribute to the integration of human 2018, and reached their lowest levels for flict, vio­lence and insecurity, includ­ing rights into early warning and other UN the entire conflict period. Furthermore, accountability, respect for fundamental strategies, the HRMMU continued advis- project activities, includ­ing advo­cacy freedoms, women’s rights and con- ing the UNCT on the implementation of related to the provision of remedy and flict-related sexual vio­lence. To reinforce the UNPF with Ukraine, with an emphasis reparations to civilian victims of the con- on applying UN programming principles flict, benefited communities located in its advo­cacy work, the HRMMU provided the active conflict zone (within five kilo- technical assistance to military personnel related to human rights, gender equality metres of the ‘contact line’ of the armed that were scheduled to be deployed to and women’s empowerment, sustain- group-controlled area), reaching approx- the conflict area as part of a Civil-Military ability, resilience and accountability and imately 400,000 people. Cooperation Unit and CSOs to address the supply of data that highlights human conflict-related sexual vio­lence, includ­ rights and gender equality in specific ing through relevant capacity-building thematic areas. activities. The HRMMU co-led Pillar 3 of the UNPF, Moreover, this advo­cacy, coupled with “demo­cra­tic governance, rule of law and technical assistance for relevant stake- civic parti­ci­pation,” thereby helping to holders and efforts to build on the formulate its outcomes and indicators. findings of its 2017 thematic report on As part of its own work in this area, conflict-related sexual vio­lence, enabled the HRMMU issued a thematic public the HRMMU, in partnership with other report on civic space and fundamental stakeholders, particularly UN Women, freedoms ahead of the presidential, par- to successfully encourage the Govern­ liamentary and local elections in Ukraine ment to strengthen its commitment to in 2019-2020. It also actively participated address all aspects of conflict-related in Pillar 4, “human security, social cohe- sexual vio­lence. Some of the legal gaps sion and recovery with a particular focus

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on eastern Ukraine,” facilitating the coor- provide key data on the conflict-affected Mechanisms (M) dination of efforts of all UN agencies in areas for the HRP 2019-2020, which was Ukraine. The HRMMU worked with the adopted in January. M1 – The Govern­ment of Ukraine imple- UNCT, the Humanitarian Country Team, ments recommendations by the human During 2019, the HRMMU reports the Gender Theme Group, the Protection rights mechanisms that affirm interna- were quoted by the European Court of Cluster and the gender-based vio­lence tional human rights principles, standards Human Rights, the International Court sub-Cluster platforms to promote its find- and best practices. of Justice and the International Criminal ings and recommendations, thus helping Court, as well as by the OSCE Election to shape policies in response to human Observation Mission. The consistent rights vio­lations beyond its own capacity. and detailed documentation of civilian The HRMMU supported the review and In 2019, the HRMMU led the UNCT’s casualties and reported human rights strengthening of the National Human Human Rights Working Group. As part of vio­lations served multiple purposes, Rights Action Plan (NHRAP) as a national these activities, it coordinated joint UNCT includ­ing early warning and support mechanism for integrated reporting submissions to the CRPD Committee in for conflict resolution activities at a and the implementation of outstanding anticipation of its preparation of the list high level in the peace processes (the recommendations of the international of issues related to its consideration of Trilateral Contact Group on Ukraine in human rights mechanisms by conduct- Ukraine’s combined second and third Minsk and the Normandy Four) and in ing a technical review and providing periodic reports. Similarly, a joint UNCT the OSCE Permanent Council in Vienna, concrete recommendations. submission, coordinated by the HRMMU, the Security Council and the Human was sent to the Human Rights Committee Rights Council. It also served to inform In 2019, the HRMMU continued advocat- in anticipation of its preparation of the and influence the design of humanitar- ing for the revision of the NHRAP, which list of issues prior to its consideration of ian and development responses by both is due to expire at the end of 2020. As Ukraine’s eighth periodic report. Finally, national and international stakeholders. a result, the HRMMU provided advo­ the UNCT filed a joint submission to sup- cacy interventions to build the capacity plement Ukraine’s follow-up report to of new human rights counterparts in the concluding observations issued by the Govern­ment, which took over the CEDAW. In coordinating these submis- respective national institutions and min- sions, the HRMMU promoted a unified istries following the 2019 presidential UNCT approach and ensured that the and parliamentary elections. major human rights issues affecting As a result of consistent advo­cacy to Ukraine were brought to the attention of facilitate the implementation of interna- the UN human rights mechanisms. tional human rights principles, standards The HRMMU contributed to the renewal and recommendations, the Govern­ment of the joint UN Social Cohesion Campaign took steps to integrate human rights by updating two of four briefing notes recommendations into its policies and (on payment of pension and birth reg- laws. For example, while reaffirming istration) and providing comments in the general rule that any document relation to the other two (on freedom of issued in the armed group-controlled movement and the inclusion of internally areas is null and void, an exception has displaced persons). Furthermore, as part been made, since 2019, for birth- and of the humanitarian agenda, the HRMMU death-related documents that “shall be analy­sis strongly supported the develop- attached to the applications for regis- ment of joint rapid response actions to tration of birth or death,” as outlined in address the disruption of basic services the Law “On particular aspects of public in conflict-affected areas, together with policy aimed at safeguarding the sover- IOM, OCHA, UNHCR, UNICEF and WHO. eignty of Ukraine over the temporarily The HRMMU also helped to shape and occupied territory of the Donetsk and

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Luhansk regions of Ukraine.” After the HRMMU’s analy­sis and advo­cacy was shared, the final version of the Law “On ensuring the functioning of Ukrainian as the State language,” was amended between the first reading in October 2018 and second reading in April 2019. It now reflects a more balanced approach, particularly with respect to language proficiency requirements for running for public office and in relation to linguistic requirements in the electoral process, the media and commercial spheres. While the Law ensures the availability of adequate educational opportunities, such as preparatory language training programmes, it does not fully provide sufficient guarantees for the protection and use of minority languages. Following a 2018 request for assistance from the Ministry of Justice to imple- ment the newly designed methodology for the monitoring and evaluation of the 2015-2020 NHRAP, OHCHR provided technical advice to the Ministry to sup- port its implementation. The HRMMU also coordinated joint UN efforts and pre- pared plans for further engagement in relation to the development of Ukraine’s next NHRAP.

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