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National Human Rights Institutions UNDP-OHCHR Toolkit UNDP-OHCHR Toolkit for collaboration with National Human Rights Institutions There is no copyright attached to this publication. It may be reproduced in whole or in part without prior permission. However, the source must be acknowledged. December 2010 Cover Photo credits: Diane Ong Design and layout: Green Communication Design inc. (www.greencom.ca) United Nations Development Programme Office of the High Commissioner for Human Rights Democratic Governance Group Field Operations and Technical Cooperation Division Bureau for Development Policy National Institutions and Regional Mechanisms Section 304 East 45th Street, 10th Floor CH-1211 Geneva 10 New York, NY 10017 USA Switzerland www.undp.org/governance www.ohchr.org UNDP-OHCHR Toolkit for collaboration with National Human Rights Institutions FOREWORD FOREWORD Effective national systems which protect and promote good governance, the rule of law, and the realization of human rights are important for sustainable human development. Among the components of such systems are governments which accept primary responsibility for the pro- motion and protection of human rights and the functioning of independent National Human Rights Institutions (NHRIs) which conform with the Paris Principles. The UN is currently providing NHRIs in more than sixty countries with technical assistance. This is a strategic priority for us. NHRIs can help ensure that national development, poverty reduc- tion, and MDG policies and strategies are not only grounded within human rights, but also are implemented according to human rights’ standards and principles. NHRIs are also the best mech- anism at the country level to ensure adherence to international human rights’ commitments states make, including to those from the UN Treaty Bodies, special procedure mandate holders, and the UN Human Rights Council. NHRIs have a crucial role to play in advocating for those responsibilities to be translated into law and practice. UNDP and OHCHR have developed this practical guide for UN staff on how best to support NHRIs with policy advice, technical assistance, and capacity development support from the pre-establishment phase. It includes information on country planning processes and capacity assessments, identifies challenges and opportunities NHRIs may encounter, and suggests how to deal with situations which threaten to undermine their effectiveness. This toolkit is the result of a two year long process of research and consultation which has benefited from review and validation by NHRIs, UNDP and OHCHR staff, and numerous NHRI practitioners. A Core Support Group composed of the National Human Rights Commissions of India, South Africa, and Uganda, as well as the Danish Institute for Human Rights (DIHR), oversaw the drafting process. The result is a practical and informative guide tailored to meet the needs of UN staff. The NHRIs recognized the initiative in the 2008 Nairobi Declaration, adopted during the 9th International Conference of National Institutions for the Promotion and Protection of Human Rights in Nairobi, Kenya. The UN Secretary General, in his 2009 General Assembly Report on national institutions for the promotion and protection of human rights, welcomed the development of the Toolkit as way to foster “strong partnerships system-wide to build on the capacities and expertise of United Nations entities” in supporting NHRIs. The toolkit is now in your hands. We hope it will provide practical guidance in the process of developing NHRIs and strengthening those existing already, in line with the relevant inter- national standards. We are convinced that the more the UN system works with and through NHRIs, the greater the degree of national ownership of human rights, and the more effective and sustainable good governance, rule of law, and human rights programmes become. Helen Clark Navanethem Pillay UNDP Administrator High Commissioner for Human Rights i UNDP-OHCHR TOOLKIT ACKNOWLEDGEMENTS This Toolkit has benefited from the contributions of a vast number of colleagues from UNDP and the OHCHR. Support and guidance of the following National Human Rights Institutions that served as the members of the Core Support Group (CSG) are gratefully acknowledged: India (P. Michael Vetha Siromony, former Joint Secretary), South Africa (Adv. Tseliso Thipanyane, former Chief Executive Officer), Uganda (Caroline Nalule, Director Complaints, Investigations and Legal Services) and the Danish Institute for Human Rights (Ulrik Spliid, Senior Legal Advisor). Thanks are also due to Aruna Sharma, former Joint Secretary of the National Human Rights Commission of India, and to Margaret Sekaggya, former Chairperson of the Uganda Human Rights Commission and UN Special Rapporteur for Human Rights Defenders. Both individuals served on the CSG in the early phase of the project. The importance of the user perspective was ensured through the establishment of the joint UNDP-OHCHR electronic User Group, whose field perspective, contribution and par- ticipation in the Validation Consultation of an advance draft of the Toolkit helped to anchor the document in recent and practical experience. Contributions from the following col- leagues are gratefully acknowledged: Clemence Alfazema, Suki Beavers, Sekhonyana Bereng, Emmanuel Buendia, James Chacko, Natia Cherkezishvili, Samuel Egwu, Bairbre Fee, Elizabeth Fong, Geraldine Fraser-Moleketi, Birgit Gerstenberg, Mohamad Doddy Kusadrianto, Rustam Pulatov, Siphosami Malunga, Enid Ndiga-Irungu, Sudarshan Ramaswamy, Mario Solari, Mounir Tabet, Alla Bakunts, Angela Dumitrasco, Emilia Mugnai, Aparna Basnyat, Nusrat Jahan, Shireen Said, Jagoda Walorek, Tatiana Lopes, Nolitha Peter, Tek Tamata, Ahowanou Agbessi, Heike Alefsen, Homayoun Alizadeh, Alida Arana, Richard Bennett, Matilda Bogner, Vladlen Stefanov, Citlalin Castañeda, Dimiter Chalev, Mahamane Cisse-Gouro, Paulo David, Frej Fenniche, Musa Gassama, Dirk Hebecker, Todd Howland, David A. Johnson, Jeroen Klok, Paul Miller, Ahmed Motala, Simon Munzu, Jacqueline Nzoyihera, Christophe Peschoux, Jonathan Prentice, and Benedict Sannoh. Additional feedback and insights from the participants at the 2009 UNDP Global Human Rights Community of Practice Meeting is also acknowledged. Special thanks are due to the South African Human Rights Commission (SAHRC), which graciously hosted the 2009 Validation Consultation and provided facilitation support. The meeting was a critical step in the development process of the Toolkit. We would like to sincerely thank the former SAHRC Chairperson, Jody Kollapen, and his staff, particularly Victoria Malloka and Betty Mamabolo, for all the support and collaboration. The Toolkit initiative was coordinated and managed by Zanofer Ismalebbe and Patrick van Weerelt, on behalf of the Democratic Governance Group and the UNDP Global Human Rights Strengthening Programme. Special appreciation is due to Gianni Magazzeni (former Chief of National Institutions and Regional Mechanisms Section (NIRMS) for being the OHCHR counterpart and for his unwavering dedication and support, as well as several staff at the NIRMS for their contribution to different stages of the process. The Toolkit drafters are Pearl Eliadis and John Dwyer. They have a combined three decades of experience working with NHRIs, as well as with other types of institutions such as ombudsman and transitional justice institutions in Africa, the Middle East, Asia and North America. Possible errors or omissions would be, of course, those of the drafters. ii UNDP-OHCHR Toolkit for collaboration with National Human Rights Institutions FOREWORD ........................................................................... i ACKNOWLEDGEMENTS ....................................................... ii ACRONYMS.......................................................................... iv TOOLKIT STRUCTURE ...........................................................v INTRODUCTION .................................................................. vi GLOSSARY OF TERMS ......................................................... xi MODULE 1: NHRIS: OVERVIEW AND KEY FUNCTIONS .................... xxiii MODULE 2: SUPPORTING THE ESTABLISHMENT AND DEVELOPMENT OF NHRIS ...................................... 102 ADDITIONAL REFERENCES ......................................271-272 iii UNDP-OHCHR TOOLKIT LIST OF ACRONYMS ADR Alternative Dispute Resolution / IOI International Ombudsman Institute Alternate Dispute Resolution IR Informal Resolution APF Asia-Pacific Forum for National IT Information Technology Human Rights Institutions KM Knowledge Management APRI Asia-Pacific Regional Development Initiative (or AP Regional Initiative) MDG Millennium Development Goal APT Association for the Prevention of Torture NGO Non-Governmental Organisation AWID Association for Women’s Rights NHRI National Human Rights Institution in Development NI National Institution CAT Convention against Torture and NIRM Section National Institutions Other Cruel, Inhuman or Degrading and Mechanisms Section Treatment or Punishment / OHCHR Office of the High Commissioner Committee Against Torture for Human Rights CCA Common Country Assessment OP-CAT Optional Protocol to the Convention CEDAW Convention on the Elimination of All Against Torture Forms of Discrimination Against Women PAF Project Activity Framework CESCR Committee on Economic, Social PDH Human Rights Ombudsman and Cultural Rights (Procurador de los Derechos Humanos) CRC Convention on the Rights of the Child PRSP Poverty Reduction Strategy Paper(s) CRPD Convention on the Rights
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