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From Development of Human Rights to Managing Human Rights Development

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From Development of Human Rights to Managing Human Rights Development FROM DEVELOPMENT OF HUMAN RIGHTS TO MANAGING HUMAN RIGHTS DEVELOPMENT GLOBAL REVIEW OF THE OHCHR TECHNICAL COOPERATION PROGRAMME SYNTHESIS REPORT Cees Flinterman and Marcel Zwamborn September 2003 Netherlands Institute of Human Rights (SIM) in partnership with MEDE European Consultancy Global Review OHCHR Technical Cooperation Programme Revised Draft Synthesis Report TABLE OF CONTENTS Abbreviations 2 Executive summary 5 I. Introduction 12 II. Findings from the country studies: OHCHR TC activities in 16 the countries researched II.1. Bosnia and Herzegovina (BiH) 16 II.2. Guatemala 22 II.3. Malawi 27 II.4. Mongolia 31 II.5. Comparison of the findings 36 III. Findings from the thematic studies: OHCHR TC activities regarding 38 the themes concerned III.1. Administration of justice 38 III.2. Human rights education 43 III.3. National Human Rights Action Plans 48 III.4. National human rights institutions 53 III.5. Comparison of the findings 57 IV. General policies and priorities regarding TC 58 IV.1. Potential differences in prevailing values between recipient 58 countries and OHCHR IV.2. The extent to which recommendations of human rights treaty 61 bodies and special procedures are taken into account in the design of TC activities. IV.3. The balance between different categories of rights addressed 64 by the programme IV.4. Integration of gender perspectives into the Technical 66 Cooperation programme IV.5 OHCHR integration of theme and country approaches 68 and synergetic effects V. Ensuring the effectiveness and efficiency of the VFTC programme 71 V.1. Involvement of local partners and encouragement of ownership 71 V.2. Programme and project management: vision, mission and strategy 75 of the TC programme V.3. Management, organisation and communication 78 V.4. TC activities viewed in relation to the overall UN country strategy 80 VI. Overall conclusions and recommendations 86 Annex A: Terms of reference 91 Annex B: Compilation of recommendations from country and thematic studies 95 1 Global Review OHCHR Technical Cooperation Programme Revised Draft Synthesis Report ABBREVIATIONS General ACT Assisting Communities Together AJ Administration of justice APB Activities and Programmes Branch CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CBOs Community-based organisations CCA/UNDAF Common Country Assessment / United Nations Development Assistance Framework CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CRC Convention on the Rights of the Child DANIDA Danish International Development Assistance (Agency) DFID Department for International Development DPKO/DPA mission Department of Peacekeeping Operations/Department of Political Affairs GTZ German Cooperation for Technical Assistance HCHR High Commissioner of Human Rights (H)RBA (Human) rights-based approach HURIST Human rights strengthening ICC International Coordination Committee of National Institutions for the Promotion and Protection of Human Rights ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IGOs Intergovernmental organisations MDG Millennium Development Goals MDGR Millennium Development Goals Report MFA Ministry of Foreign Affairs MOU Memorandum of understanding NGOs Non-governmental organisations NHRAP National Human Rights Action Plan NIs National institutions NI Team National Institutions Team OHCHR Office of the High Commissioner for Human Rights OIOS Office of Internal Oversight Services PANEL Participation, accountability, non-discrimination, attention to vulnerability/empowerment, link to standards PRSP Poverty Reduction Strategy Plan SIDA Swedish Development Agency RIJ or RJI Regional justice institute SO(s) Standing order(s) SURF Sub-Regional Resource Facility TC programme Advisory services and technical cooperation programme ToR Terms of reference UNCT United Nations Country Team UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organisation UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNOPS United Nations Office for Project Services UNTAET United Nations Transitional Administration in East Timor UNV(s) United Nations volunteer(s) 2 Global Review OHCHR Technical Cooperation Programme Revised Draft Synthesis Report USAID United States Agency for International Development VFTC Voluntary Fund for Technical Cooperation Mongolia GGHS Good Governance for Human Security HURISTMON Human Rights Strengthening in Mongolia – Phase I JRP Judicial Reform Project MJHA Ministry of Justice and Home Affairs MPRP Mongolian People’s Revolutionary Party NCC National Coordinating Committee NHRCM National Human Rights Commission of Mongolia NPD National programme director PSC Project steering committee Bosnia and Herzegovina BiH Bosnia and Herzegovina CoE Council of Europe EUPM European Union Police Mission FBiH Federation of Bosnia and Herzegovina FCNM Framework Convention for the Protection of National Minorities GFAP General Framework Agreement for Peace HDZ Croatian Democratic Union ICTY International Criminal Tribunal for the former Yugoslavia IOM International Organisation for Migration IPTF International Police Task Force OHR Office of the High Representative OSCE Organisation for Security and Cooperation in Europe RS Republika Srpska UNHCR United Nations High Commissioner for Refugees UNMIBH United Nations Mission in Bosnia and Herzegovina Guatemala CICIAS Commission for the Investigation of Illegal Bodies and Clandestine Security Apparatus CONADEHGUA National Confederation for Human Rights in Guatemala COPREDEH Presidential Commission on Human Rights DEMI Ombudsman for Indigenous Women EEJ School of Judicial Studies EMP Presidential Guard GoG Government of Guatemala IRM Initial Review Mission MINUGUA United Nations Verification Mission in Guatemala PDH Human Rights Ombudsman SWOT Strengths, weaknesses, opportunities, threats URNG Guatemalan National Revolutionary Unity Russia PACE Parliamentary Assembly of the Council of Europe Malawi ADR Alternative dispute resolution 3 Global Review OHCHR Technical Cooperation Programme Revised Draft Synthesis Report ADRAM Alternative Dispute Resolution Association of Malawi AFORD Alliance for Democracy CCAP Churches of Central Africa Presbyterian CISANET Civil Society Agricultural Network CSCQBE Civil Society Coalition for Quality Basic Education DCP II Project Support Document for the Democracy Consolidation Programme Phase II (2002-2006) IMC Inter-Ministerial Committee for Human Rights and Democracy MASSAJ Malawi Access to Safety, Security and Justice MCP Malawi Congress Party MHEN Mental Health Employment Network MHRC Malawi Human Rights Commission MIDEA Malawi Institute of Democratic and Economic Affairs MPRSP Malawi Poverty Reduction Strategy Plan NORAD Norwegian Agency for Development Cooperation PCD Presidential Commission on Dialogue WARC World Alliance of Reformed Churches 4 Global Review OHCHR Technical Cooperation Programme Revised Draft Synthesis Report EXECUTIVE SUMMARY Introduction States recovering from conflict or lacking adequate resources or expertise need assistance to implement their human rights obligations. The Technical Cooperation Programme of the Office of the High Commissioner for Human Rights (OHCHR) supports countries in promoting and protecting all human rights at the national and regional level by incorporating international human rights standards into national laws, policies and practices and by building sustainable national capacities to implement these standards and ensure respect for human rights. The Programme is carried out at the request of the concerned government. Projects are formulated and implemented with the broadest possible participation of all elements of national societies, including civil society and national institutions (NIs), as well as parliament and the courts. The Programme activities include: assistance for efforts to incorporate international human rights standards into national laws, policies and practices; advice on the establishment and functioning of independent national human rights institutions; advice to the judiciary, military, police and parliaments on international standards related to their work; advice on treaty reporting; support for national human rights action plans; and advice on human rights education. Purpose and scope The objective of the review is to compile relevant "lessons learnt" in order to improve future interventions with a view to a more strategic approach by OHCHR to technical cooperation. The review is meant first and foremost as a contribution to understanding how activities can be best prepared and implemented, by extracting lessons from experience. As a "lessons learnt" evaluation, the emphasis is on accumulation of experience, rather than on accountability. The review focuses on impact and achievement. The review embraces activities defined as “Advisory Services and Technical Cooperation in the Field of Human Rights", in the language of the Commission on Human Rights.1 The technical cooperation activities take place as individual technical cooperation projects as well as forming elements of OHCHR’s six larger field operations. To avoid too broad a scope, the review consists of a combination of thematic and country studies. Based on these studies, the synthesis report pulls together lessons learned across areas of intervention. The review addresses the relevance, impact and effect of activities at the
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