National Human Rights Institutions Info Note October - December 2010

IINFO NOTE No. 23 National Human Rights Institutions October-December 2010

The agenda of the conference included 10th International Conference four thematic working groups, one from of NHRI each Region, focusing on particular thematic issues identified as of high relevance by the regional networks. Africa: Child Labour; America: Environmental Degradation; Asia Pacific: Human Trafficking; and Europe: Privatisation and Public Procurement. The 10 th International Conference on The main outcome of the conference was “ Business and Human Rights: the the “Edinburgh Declaration”, in which Role of National Human Rights NHRIs are encouraged to work under Institution ”, was held from 8 to 10 their mandates of promoting and October, in Edinburgh, hosted by the protecting human rights, to strength and Scottish Parliament and co-organised by expand their scope of work in the context the Scottish Human Rights Commission of business activities. NHRIs were called (SHRC), the Office of the United Nations upon to; apply the “Protect, Respect and High Commissioner for Human Rights Remedy” framework of the UN Special (OHCHR) and the International Representative of the Secretary General Coordinating Committee of National on human rights and transnational Institutions for the Promotion and corporations and other business Protection of Human Rights (ICC). enterprises, and working collaboratively with NGOs and civil society, in the The Conference was attended by more realization of NHRIs strategies on than 250 delegates from NHRIs, business and human rights. business, NGOs, academia and intergovernmental organizations. On 7th October, the conference was preceded by a NGO Forum on building The keynote speakers were Prof. John a strategic partnership between Ruggie, UN Secretary-General’s Special NGOs and NHRIs on business and Representative on Business and Human human rights”, that gathered some 50 Rights, Ms. Mary Robinson, President of NGOs from all around the world. Most of Realizing Rights: Ethical Globalization them have had previous engagement Initiative, former President of Ireland, and with NHRIs in areas relevant to the Former UN High Commissioner for interface between business activities and Human Rights, and Prof. Olivier Maurel, human rights. author of the 2 volume study “La responsabilité des enterprises en matière The conference adopted the Edinburgh des droits de l’homme”. The speakers, Declaration which outlined key priorities highlighted the role of NHRIs through for NHRIs and presented a detailed list of their experience, knowledge and recommendations to NHRIs and regional authority, in ensuring that governments coordinating bodies of NHRIs and the act on their obligation to protect against ICC: corporate human rights abuses and that corporations fully understand their Key priorities for NHRIs responsibilities to respect human rights.  Reinforce the states’ duty to protect while addressing the links between the three pillars.  Empower the victims of corporate abuses and protect human right 9th Session of the UPR defenders, including women human Working Group – 1-12 rights defenders and indigenous peoples. November 2010  Strengthen the interaction with civil society organisations.

NHRIs are urged to:  Be more proactive in interpreting their mandates to include human rights and business;  Enhance their capacity to address human rights and business;  Contribute to binding companies to human rights standards, e.g. through public procurement, or public financing; Sixteen States were reviewed: Liberia,  Deal with cross-border issues Malawi, Mongolia, Panama, Maldives, (companies or harm crossing Andorra, Bulgaria, Honduras, United borders); States of America, Marshall Islands,  Promote guidance to states; Croatia, Jamaica, Libyan Arab Jamahiriya,  Promote properly conducted human Micronesia, Lebanon and Mauritania. rights impact assessment;  Consider and investigate individual The following NHRIs submitted parallel complaints, including by fact-finding reports on the situation of human rights missions; in their respective countries: Office of the  Consider non-judicial mechanisms for Ombudsman of Croatia, National Human effective remedies; Rights Commission of Mongolia,  Include business and human rights Defensoría del Pueblo de Panamá, and into human rights education The Human Rights Commission of activities. Maldives.

Regional Groups should OSCE’s Review Conference in  Consult with all stakeholders in Warsaw, Poland – 4 October adopting and implementing regional plans; On the sidelines of the OSCE’s Review  Coordinate their activities; Conference, informal consultations on  Interact with regional systems for NHRIs in the European region and Central human rights protection; Asia took place between OHCHR/NIRMS,  Implement recommendations by the European Group of NHRIs and regional bodies. OSCE/ODIHR.

The ICC should OSCE/ODIHR confirmed that they  Establish an annual reporting attached high importance to the Paris framework for all NHRIs on the Principles and were guided by these implementation of commitments principles in their activities regarding made in the Edinburgh Declaration . NHRIs. The follow up to the  Support the adoption and recommendations of the Sub-Committee operationalization of the on Accreditation was in the focus of these recommendations of the UN SRSG, activities at the country level through the including support for follow-up current 17 OSCE field operations. processes at the UN level.

2 Since 2007, a focal point on NHRIs in A presentation was made by the APF on ODIHR has been facilitating the exchange the practical use of the OHCHR/APT/APF of information and capacity building of Manual on Torture Prevention. European NHRIs through legal advice and seminars on thematic issues, like gender and human rights. Legal advice provided 7th Annual Meeting of the to NHRIs was regularly posted on South East Asia National www.legislationline.org Human Rights Institutions Forum (SEANF) East Africa workshop on NHRIs on the implementation of The meeting was hosted by the Human standards to prevent torture Rights Commission of Malaysia and other ill treatment (SUHAKAM) in Kuala Lumpur, Malaysia on 15-16 November 2010.

A workshop for East African NHRIs on the The objective of the meeting was to implementation of standards to prevent further strengthen the cooperation torture and other ill-treatment was held between SEANF members and other from 18-20 October 2010 in Nairobi human rights institutions to promote and Kenya. The workshop was organised by protect human rights at the national, the University of Bristol UK –Human regional and international levels. Rights Implementation Centre. The main purpose of the meeting was to explore The meeting was attended by practical ways in which collaboration and representatives from he National Human communication between the African Rights Commission of Indonesia (Komnas Commission on Human and Peoples HAM), the Human Rights Commission of Rights and NHRIs can be strengthened in Malaysia (SUHAKAM), the Commission on relation to the prevention of torture and Human Rights of the Philippines (CHRP), other ill-treatment. the National Human Rights Commission of Thailand (NHRCT) and the Provedor for OHCHR’s contribution consisted in a Human Rights and Justice of Timor Leste presentation focused on NHRIs (PDHJ), as well as representatives from interaction with the international human the Asia Pacific Forum of National Human rights system and how it can lead to Rights Institutions (APF), the European effective ways of targeting torture Union (EU), the ASEAN Committee on the practices in States, and the potential role Implementation of the ASEAN Declaration of NHRIs as national preventive on the Protection and Promotion of the mechanism under the OPCAT. OHCHR Rights of Migrant Workers (ACMW), the also identified some good practices of ASEAN Commission on the Rights of NHRIs on torture prevention and related Women and Children (ACWC), the activities. Canadian International Development Agency (CIDA) and the Regional Working Presentations were made by NHRIs and Group for an ASEAN Human Rights NGOs, analyzing the problem of torture in Mechanism. their respective countries, analyzing risks and solutions. They focused on the legal Among the main highlights of the systems and the loopholes therein, meeting were the admission of the including the absence of laws Provedor for Human Rights and Justice of criminalizing torture in the various Timor Leste as the fifth member of SEANF countries and a lack of trained personnel, as well as the handing over of SEANF’s i.e. police and prison staff. chairmanship from SUHAKAM to CHRP. The Meeting also identified a way forward for SEANF in supporting regional

3 and international mechanisms and the UN Office at Geneva, Mr. Alberto further agreed to develop a Five-Year Navarro, the Chief of Branch, America, Strategic Plan which would serve as a Europe and Central Asia, Mr. Gianni roadmap for SEANF in pursuing its role to Magazzeni, the Chief of National promote and protect human rights in the Institutions and Regional Mechanism coming years. Section, Mr. Vladlen Stefanov, and Mr. Roland Chauville from the NGO UPR- Info ICC Sub-Committee on participated as panellists in the event. Accreditation (SCA): 11 – 15 October 2010. The active role of the Defensoría in the process of the UPR, included activities such as dissemination of materials and SCA reviewed NHRIs from the following information on the UPR process, regular countries: meetings with Government authorities, workshops held in cooperation with the  New accreditation: Congo OHCHR country office in Panama and civil  Re-accreditation: Austria, society. This process included the Bosnia and Herzegovina, Burkina contributions by more than 70 civil Faso, Nigeria and Slovakia. society organizations to the UPR process,  Special Review: Algeria, as well as the signing of OPCAT by the Republic of Panama.

The Defensor, also raised critical developments in Panama in relation to freedom of expression and association, as well to the incidents in the Boca del Toro district in July 2010, which the Defensoría has investigated and provided recommendations to the Government on the need of investigation, accountability Azerbaijan, Great Britain, and reparation. Honduras, Jordan, Luxemburg, Malaysia, Morocco, Qatar, and Senegal. OHCHR Sub-Regional Seminar for Parliamentarians on the Parallel Event: the Role of the Role of Parliament in the Defensoría del Pueblo de Promotion and Protection of Panamá in the Universal Human Rights Periodic Review On 22-24 November 2010, in Monrovia, Liberia, OHCHR organised a seminar for On the sidelines West African parliamentarians. The of the 9th session principal objective of the seminar was to of the UPR, on 2 empower Parliament, as a key November, the democratic and representative Defensoría del institution, to perform a more active role Pueblo de Panama in the protection of human rights, as well co-organized with as to ensure that States uphold their the OHCHR a obligations under international and public event on regional human rights treaties. the role of the NHRIs in the UPR process. The seminar was hosted by the The Defensor, Mr. Ricardo Vargas, Panama’s Permanent Representative to government of Liberia, in conjunction

4 with the Rule of Law and Democracy Section of OHCHR, which partnered with Africa the National Institutions Section of OHCHR, and the human rights section of Burundi: On 24th the United Nations Mission in Liberia December 2010, the (UNMIL). The seminar attracted Senate of the Republic of Burundi adopted the Law participation at the highest levels of on the establishment of a Human Rights regional parliaments and national human Commission in Burundi. rights institutions in the region. Central Africa Regional Seminar on Republic: A workshop Establishing and on the draft law for the Strengthening of National establishment of a Human Rights Institutions in national human rights commission took place in Bangui, Central African Republic Southern Africa from 15-16 December 2010. It was organised by the High Commissioner for On 7-9 December 2010, OHCHR Human Rights and Good Governance of organized, in cooperation with the South Central Africa, together with the Human African Human Rights Commission Rights Section of BINUCA and OHCHR. (SAHRC), a seminar on the establishment Parliamentarians, civil servants, regional and strengthening of National Human prefects and members of Civil Society Rights Institutions (NHRIs) in Southern Organisations participated at the Africa. workshop. Various presentations were made on the Paris Principles and on the The objective of this meeting was to important role that NHRIs can play at the strengthen the capacity and encourage national, regional and international the establishment of NHRIs in Southern levels. The participants had the Africa, through engagement with opportunity to provide their input to the representatives of NHRIs, Governments, draft law. At the end of the workshop, a civil society, especially from countries new draft was prepared to be submitted where no NHRIs exist. to the Parliament.

Prominent human rights practitioners Liberia: OHCHR in from the region shared their expertise on conjunction with the the Paris Principles, including matters of United Nations Mission in independence, pluralism, the procedure Liberia’s Human Rights and protection for accreditation of NHRIs and the section organised a three day workshop mandates and functions of NHRIs. (24-26 November 2010) for members of the newly created Liberia Independent Capacity assessment of NHRIs National Commission on Human Rights. NHRIs representatives from Sierra Leone, OHCHR, in cooperation with UNDP and Tanzania, Nigeria, Ghana and Uganda, the Asia Pacific Forum of NHRIs (APF) shared best practices and practical supported the National Centre for Human experiences on the functional nature of Rights of Jordan (2-15 October) and the NHRIs. National Human Rights Commission of Thailand (1-12 November) to carry out Zimbabwe: The their respective capacity needs Regional Office for assessments. Southern Africa (ROSA) facilitated the study tour for the Zimbabwe Human Rights Commission REGIONAL HIGHLIGHTS (ZHRC) to South Africa from 8 to

5 12 November. The study tour was New Zealand: From 29 November to 3 organized in cooperation with the December 2010, OHCHR and the NHRI South African Human Rights of New Zealand organized a sub-regional Commission (SAHRC), and consultation in Auckland on the included briefings at the SAHRC operationalization by NHRIs of the UN with various officials, along with Declaration on the Rights of Indigenous meetings in Pretoria and Peoples. Johannesburg with a number of SAHRC’s key interlocutors in the Europe government, civil society and other national institutions. The study tour was organized under Ireland: A new the auspices of an ongoing joint initiative was launched in UNDP-OHCHR project to build the March 2010 by the Irish capacity of the ZHRC Human Rights Commission (IHRC) Commissioners. focussing on human rights education and training for civil and public servants. Asia and the Pacific One of the aims of the 16-month Project is to provide information and materials which other NHRIs could modify for use

Afghanistan: On in their own national contexts. October 18, the Contact Fiona Murphy, Project Government of Coordinator at [email protected] or Afghanistan decided to Kirsten Roberts, Director of Research, include the budget of the Afghan Policy and Promotion at [email protected] Independent Human Rights Commission (AIHRC) in the State's budget. It instructed the Ministry of Finance to UPCOMING EVENTS create a separate budget unit for 2011 that guarantees the Commission's full  16th session of the Human independence. The AIHRC welcomed this Rights Council Geneva, 28 decision as a first step by the February - 25 March 2011 Government in fulfilling its commitment to provide political and financial support  10th Session of the Universal to the AIHRC as an independent state Periodic Review (UPR Working mechanism. Group). 24 January – 4 February 2011. Countries under review: Australia, Austria, Estonia, Oman: From 30 October Georgia, Mozambique, Myanmar, to 3 November 2010, Namibia, Nauru, Nepal, Niger, OHCHR organized in Oman, Rwanda, Saint Kitts and Muscat a workshop on the Paris Principles Nevis, Saint Lucia, and Sao Tome for members of the Oman Human Rights and Prince. Committee http://www.ohchr.org/EN/HRBodies /UPR/Pages/UPRMain.aspx Thailand: On 23 and 24 November 2010,  101st session of the Human OHCHR and UNDP Rights Committee. 11 March organized in Bangkok to 1 April 2011, New York. a regional consultation on NHRIs and civil Countries under review: society organizations’ engagement with Dominican Republic, Iran, Malawi, the international human rights system. Mongolia, Norway, Serbia, Seychelles, Slovakia, Togo, and Yemen.

6 http://www2.ohchr.org/english/bod  24th session of the ies/hrc/hrcs101.htm International Coordinating Committee of National  78th session of the Committee Institutions for the Promotion on the Elimination of Racial and Protection of Human Discrimination. 14 February – Rights (ICC). Geneva, 16 – 20 11 March 2011. Countries under May 2011. review: Armenia, Bolivia, Cuba, Ireland, Lithuania, Moldova, Norway, Rwanda, Serbia, Spain, and Uruguay. http://www2.ohchr.org/english/bod ies/cerd/cerds78.htm

 48th session of the Committee on the Elimination of Discrimination against Women. 17 January – 4 February 2011. Countries under review: Bangladesh, Belarus, Israel, Kenya, Liechtenstein, Sri Lanka, and South Africa. http://www2.ohchr.org/english/bod ies/cedaw/cedaws48.htm

 56th session of the Committee on the Rights of the Child. 17 January – 4 February 2011. Countries under review: Afghanistan, Belarus, Denmark, Lao People’s Democratic Republic, Mexico New Zealand, Singapore, and Ukraine. http://www2.ohchr.org/english/bod ies/crc/crcs56.htm

 Sub-Committee on Accreditation (SCA) of the ICC, 23 – 27 May 2011. National Human Rights Institutions under review: o New accreditation: Bangladesh, Sweden, Romania, Argentina. o Re-accreditation: Australia, Austria, Canada, El Salvador, India, Mauritania, Namibia, New Zealand, Nicaragua, Nigeria, Northern Ireland, Norway, and Slovakia o Special reviews: Azerbaijan, and Senegal