UN IN THE FIELD

UN Human Rights in and Central Asia

LEGEND: Europe Bosnia Russian Federation Ukraine (Brussels) Herzegovina Spotlights:

Disa­bili­ties

Youth

Women Republic of Moldova

Central Asia Shifts: (Bishkek)

South Global constituency (Tbilisi)

Prevention

Civic space Republic of North * Geneva Macedonia (UNMIK) Climate change

Corruption

TYPE OF PRESENCE LOCATION Inequalities

New technologies Headquarters Geneva

People on the move Country/Stand-alone Offices/ Ukraine (HRMMU) Human Rights Missions SDGs:

Central Asia (Bishkek, Kyrgyzstan) and Europe Regional Offices/Centres (Brussels, Belgium)

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

Belarus*, , Montenegro*, Republic of , Republic of Moldova*, Human Rights Advisers Serbia and South Caucasus (based in Tbilisi, Georgia and also covering and Azerbaijan)

Other types of field presences Russian Federation

* Human Rights Advisers deployed under the framework of the United Nations Sustainable Development Group. ** Hereinafter, all references to Kosovo should be understood in full compliance with Security Council resolution 1244 and without prejudice to the status of Kosovo.

UN Human Rights Report 2020 379 UN HUMAN RIGHTS IN THE FIELD

In 2020, UN Human Rights’ work to define a common strategy of engage- OHCHR continued to monitor critical in Europe and Central Asia covered ment and develop the terms of reference human rights issues related to people on a vast region with 54 countries that for an inter-agency mission with the aim the move, regardless of their migration include members and candidates of the of supporting the integration of human status, and to pursue advocacy efforts. (EU), the Organization rights into humanitarian action. OHCHR In September, OHCHR carried out a for Security and Cooperation in Europe also issued statements and press releases monitoring mission to to assess (OSCE), the and the and produced internal situation reports the human rights situation of migrants Commonwealth of Independent States as through an ad hoc remote monitoring transiting through Libya, with a partic- well as a number of disputed territories team. Finally, in the wake of post-elec- ular focus on laws, policies and practices controlled by de facto authorities. toral violence in Kyrgyzstan, OHCHR related to search and rescue and the established an early warning informa- human rights protection of migrants Notwithstanding the COVID-19 pan- tion platform, which enhanced the early at sea. demic, OHCHR maintained strong warning capacities of the UN Country engagement at country and regional Throughout 2020, the Office ensured Team/Resident Coordinator’s Office levels from Geneva and through its support to missions of the High (UNCT/RCO). field presences, including the Regional Commissioner, including to , Office for Central Asia (in Bishkek) UN Human Rights supported the oper- OSCE/Vienna, Switzerland/Bern and the and the Regional Office for Europe ationalization of the Secretary-General’s Vatican. The Office also supported senior- (in Brussels); the human rights advis- Strategy in the Western Balkans by con- level human rights advocacy through ers (HRAs) in Belarus, Montenegro, tributing to the development of regional inputs for the High Commissioner’s state- the Republic of North Macedonia, the projects for support by the United Nations ments and press releases and in relation Republic of Moldova, Serbia and South Peacebuilding Fund (PBF). In addition, the to human rights strategies and analyses. Caucasus; the human rights officers/ Office took steps to strengthen its presence In line with the Secretary-General’s plans project staff in the Russian Federation; in the subregion by supporting the recruit- to reinforce cooperation with regional the Human Rights Office in the United ment of a Senior Human Rights Adviser in organizations, the Office continued to Nations Interim Administration Mission Bosnia and Herzegovina, funded by the extensively engage with the institutions in Kosovo (UNMIK); and the Human UNDP Multi-Partner Trust Fund (MPTF), of the EU on a wide range of policy issues Rights Monitoring Mission in Ukraine who was deployed in February 2021. and processes. (HRMMU). As a member of the Peer Support Group OHCHR successfully implemented old In 2020, OHCHR responded to three for Europe and Central Asia – a body and new reporting mandates from the consecutive crises in the region, result- of the UN Development System that is Human Rights Council (HRC) and the ing in the development of strategies that responsible for the quality assurance of General Assembly, including those on affirmed the centrality of human rights planning and programming documents the human rights situations in Belarus for prevention and protection, in accor- – OHCHR provided advice to ensure the (reports of the Special Rapporteur and dance with the Secretary-General’s Call integration of human rights into Common the High Commissioner’s interim oral to Action for Human Rights. Faced with Country Analyses (CCAs) in 10 countries update to the HRC), (HRC post-election violence in Belarus, the (Albania, Armenia, Azerbaijan, Georgia, report), Georgia (oral update/report to Office secured temporary surge capac- Kosovo, Kyrgyzstan, North Macedonia, the HRC) and Ukraine (regular periodic ity to prepare a mandated interim oral Serbia, and Uzbekistan) and and thematic reports). update from the High Commissioner United Nations Sustainable Development and to ensure dedicated support for the Cooperation Frameworks (UNSDCFs) mandate of the Special Rapporteur on in 11 countries (Armenia, Azerbaijan, the situation of . Belarus, Bosnia and Herzegovina, In light of renewed hostilities in and Georgia, Kazakhstan, Kosovo, North around Nagorno-Karabakh, OHCHR Macedonia, Turkey, Turkmenistan took part in the intra-UN consultations and Uzbekistan).

380 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

Key agreement in Pristina to promote human rights through data

On 17 January, following months of discussions that were facilitated by UN Human Rights, including at a meeting organized in Geneva, the Ombudsperson Institution of Kosovo (OIK) and the Kosovo Agency of Statistics (KAS) signed a Memorandum of Understanding (MoU) on human rights indicators in order to harness the power of statistics to advance human rights in Kosovo. The development of human rights indica- tors will enable a more targeted collection of information, leading to deeper analy- ses and the more accurate identification of human rights challenges. This is a vital step forward in “establishing and nurturing a culture of human rights Hilmi Jashari, former Ombudsperson (right) and Isa Krasniqi, former KAS Director (left), in public institutions in Kosovo,” noted with the UN Human Rights Representative in Kosovo (centre), at the signing of the MoU Jerome Bouyjou, the UN Human Rights between OIK and KAS, on 17 January 2020. © OIK Representative in Kosovo. “Using and relying on human rights indicators is cru- cial to promoting effective oversight tools in relation to laws, including, for example, application of OHCHR’s Human quantifiable evidence. “With an upcoming laws on non-discrimination and gender Rights-Based Approach to Data, which census in 2021, the timing could not be equality,” he continued. emphasize the importance of human rights better to further mainstream human rights indicators in implementing human rights into data collection exercises.” As a first step, OIK incorporated the standards and commitments. Sustainable Development Goals (SDGs) into its five-year strategy. On 14 October, In addition to supporting policy formula- a joint working group, composed of rep- tions, impact assessments, transparency resentatives of OIK and KAS, met for the and accountability, human rights indica- first time to discuss the indicators and tors contribute to ensuring that No One is modalities of cooperation between the Left Behind, in line with the 2030 Agenda two entities, with a focus on the planned for Sustainable Development. 2021 census. Jerome Bouyjou noted that the use of This institutional commitment is in robust indicators will help formulate line with the Secretary-General’s Call targeted recommendations and address to Action for Human Rights and the identified gaps on the basis of credible and

UN Human Rights Report 2020 381 UN HUMAN RIGHTS IN THE FIELD

BELARUS

Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 9.45 million 208,000 km² 0.823 (rank: 53/189 in 2019) -

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 2020 2

XB requirements 2020 US$688,000

Key OMP pillars in 2020

1 2 3 Please refer to Data sources and notes on p. 229

PILLAR RESULTS:

Accountability (A) in Belarus, identifying existing gaps and In addition, the Office conducted a series formulating recommendations. This pro- of online and in-person trainings for A1 – Strengthened provision of legal aid to vides the basis for the development of a members of the State monitoring commis- groups in vulnerable situations, including road map to improve legal aid provision, sions that exercise oversight functions in women victims of violence, Roma and including in the context of the deteriorat- places of deprivation of liberty. Political persons with disabilities. Strengthened and human rights developments that use of oversight mechanisms for places ing human rights situation resulting from occurred after the presidential elections, of detention and increased use of alterna- COVID-19. During the year, OHCHR however, led to the suspension of training tives to detention. worked with bar associations, lawyers and two CSOs to provide legal consul- activities on alternatives to detention and the social rehabilitation of ex-offenders. tation services to 1,543 persons (1,054 women, 489 men), including persons OHCHR contributed to improving oversight, accountability and protection with disabilities and survivors of domes- mechanisms that are compliant with tic violence. international human rights standards, The HRA continued advocating for the in particular by supporting access to free alignment of the national drug policy legal aid for vulnerable groups. and legislation with international human In partnership with the Ministry of Justice rights standards. In partnership with the and through rounds of consultations Ministry of Internal Affairs, OHCHR with State authorities, CSOs and UN carried out a comprehensive assessment entities, UN Human Rights carried out of the country’s drug policy, which was an assessment of the free legal aid system nearly finalized by the end of 2020.

382 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

the views of human rights organizations implementation of a Human Rights Due Parti­ci­pation (P) regarding the UN’s work in the country. Diligence Policy (HRDDP) in 2021. The P6 – The UN and the Government After the presidential elections, in August, HRA provided expert advice on the issue. OHCHR remained in contact with the consistently consult with human In parallel, upon a request from the CSOs. Nevertheless, promoting their rights and gender equality CSOs when Ministry of Foreign Affairs, the Office engagement in Government processes planning, implementing and evalu- developed a comprehensive analysis of proved to be challenging as dialogue with ating programming. human rights recommendations issued State authorities was frequently inter- by the international human rights mech-

rupted. The Office continued to advocate anisms to support the preparation of the for the protection of civic space and facil- OHCHR facilitated the participation of country’s next Human Rights Action itated the engagement of CSOs with the CSOs in UN responses to COVID-19 and Plan. In its advocacy work with State international human rights mechanisms. in other UN processes. authorities and other partners, OHCHR continued to refer to recommendations UN Human Rights continued to engage issued by the human rights treaty bod- with CSOs throughout the year. It helped Peace and Security ies and other international human rights to facilitate the work of the UN Task Force PS5 – Human rights information and mechanisms. on human rights and vulnerable communi- analyses are integrated into early ties, supported the participation of CSOs warning and analysis systems and and ensured their recommendations were influence international and national pol- included in UN responses to COVID-19. icymaking, strategies and operations to More specifically, OHCHR established prevent, mitigate or respond to emerg- an online platform that provided orga- ing crises, including humanitarian crises nizations with the opportunity to report and conflicts. on the human rights consequences of the pandemic, which in turn contributed to shaping the Office’s response. During the pandemic, a Guidance Note on human Following the presidential elections, rights was produced in the Russian lan- OHCHR dedicated a significant propor- guage and widely circulated among key tion of its work to developing analyses on partners, including the Government. the evolving human rights situation in the Letters were sent to the Ministries of country in order to inform UN responses. Health, Labour and Internal Affairs, In particular, UN Human Rights provided outlining detailed recommendations on targeted inputs to the RCO, supported various issues, such as addressing the communication and advocacy efforts needs of vulnerable groups. with State counterparts and included Furthermore, the Office organized a human rights messages in letters that series of online consultations for iden- were addressed to relevant ministries. tifying priority areas in its equality and The activities of the UNCT Task Force anti-discrimination efforts. Views from on human rights and vulnerable com- a broad range of partners were gathered, munities, which was co-facilitated by including activists working on the social OHCHR, were partially refocused in the reintegration of ex-offenders, the rights second half of 2020 to address the human of persons with disabilities and Roma rights consequences of the post-elec- people. In addition, OHCHR and the toral unrest. Furthermore, discussions RCO co-hosted three meetings to discuss were held within the UNCT around the

UN Human Rights Report 2020 383 UN HUMAN RIGHTS IN THE FIELD

informed and engaged, a restrictive law on CENTRAL ASIA peaceful assemblies was adopted. Type of engagement Regional Office In Kyrgyzstan, the Office supported the Kazakhstan, Kyrgyzstan, Tajikistan, Countries of engagement development of legislation to combat ter- Turkmenistan and Uzbekistan rorism and submitted comments from Year established 2008 the Special Rapporteur on the promo- tion and protection of human rights and Bishkek (Kyrgyzstan), with field offices in fundamental freedoms while countering Field office(s) Nursultan (Kazakhstan); Dushanbe (Tajikistan) and Tashkent (Uzbekistan) terrorism. The Office also organized an event on the prevention of violent extrem- Staff as of 31 December 2020 14 ism with government representatives, CSOs and lawyers.

XB income US$703,904 In Tajikistan, draft legislation on equality and non-discrimination was developed XB requirements 2020 US$2,668,000 with the participation of CSOs. The XB expenditure US$729,657 Office supported the organization of a 4 Personnel Non-personnel PSC study tour, to Georgia, for members of 72% 17% 10% $528,774 $12 7,141 $73,742 the Working Group charged with draft- ing the law and facilitated consultative RB expenditure US$662,761 meetings with CSOs. It also provided Personnel Non-personnel expert advice on international standards. 86% 14% Furthermore, the Office built the capaci- $569,8 03 $92,958 ties of 37 CSO representatives (23 women, 14 men) from different regions on equality Key OMP pillars in 2020 and non-discrimination. 4 Please refer to Data sources and notes on p. 231 In Uzbekistan, OHCHR and the International Commission of Jurists (ICJ) trained 200 national actors on access to justice during COVID-19, with an emphasis on fair online trials and access PILLAR RESULTS: to lawyers. OHCHR and its partners undertook strategic advocacy on human rights-compliant laws and practices, Accountability (A) including in the areas of freedom of which resulted in the restoration of the expression and movement, torture, coun- right of detainees to meet with their law- A1 – Governments act to ensure that tering terrorism and non-discrimination. legislation, policies and State practices yers and relatives. After the Government with respect to the criminal justice sys- In Kazakhstan, the long-term advocacy announced that it would create an Anti- tem comply with international human efforts of UN Human Rights and its part- Torture Committee, the Office shared rights standards. ners led to positive legislative changes, examples of good practices in establish- including the decriminalization of def- ing independent investigation mechanisms amation, a decrease of the membership to address allegations of torture and

requirements for political parties and ill-treatment. OHCHR contributed to increasing the an amendment of registration require- compliance of laws and policies with ments for workers’ unions. Despite the international human rights standards, Government’s efforts to keep the public

384 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

A1 – Institutions that train judges, In Tajikistan, OHCHR reached an agree- OHCHR and UNDP co-organized a law enforcement officials, the staff ment with the Training Centre of the series of eight webinars and one training of security-related agencies, lawyers Union of Lawyers on the incorporation session for 400 members of the judiciary and other educational institutions, of human rights into their training pro- and high-ranking law enforcement offi- consistently include human rights in gramme for lawyers. cials on the communications procedure their training. of the Human Rights Committee. In Turkmenistan, the Office contributed to establishing contacts between law

enforcement, the judiciary and State bod- A2 – National human rights institutions OHCHR contributed to the delivery ies and the Working Group on Enforced (NHRIs) are more effective, independent and institutionalization of human rights or Involuntary Disappearances (WGEID). and interconnected, in accordance with training for law enforcement officials and Two training sessions were organized, in the Paris Principles. They play a lead- State authorities, including in relation July, to enhance the knowledge of par- ing role in promoting and protecting to criminal justice, enforced disappear- ticipants on basic concepts of enforced human rights at the national level and in ances, torture investigation, economic, disappearance and the WGEID’s work- the region. social and cultural rights (ESCRs) and ing methods. non-discrimination. In Uzbekistan, progress was made in In Kyrgyzstan, seven State Training relation to preventing torture and other OHCHR contributed to ensuring that Centres took steps to institutionalize forms of ill-treatment, in accordance with the work of NHRIs in the region is in a comprehensive training programme the OP-CAT. Specifically, OHCHR and compliance with the Paris Principles, on non-discrimination. The training the Office of the General Prosecutor’s including through advocacy efforts and programme was based on an OHCHR Academy trained 31 teaching and research targeted training. manual on human rights, equality and staff who are involved in drafting policy non-discrimination that was produced and legislation on good practices in the UN Human Rights continued to support in the Kyrgyz and Russian languages. In development of independent investiga- collaboration among NHRIs in Central addition, one of the State Training Centres tion mechanisms on torture. The Office Asia through the regional platform of formally established a human rights and the Academy also collaborated with the Central Asian Support Initiative for centre. UN Human Rights finalized an OSCE and the National Human Rights NHRIs. It organized an awareness-raising e-learning course on non-discrimination, Centre to deliver two training sessions session on the role of NHRIs in the con- which is now available to 47,000 staff on the Istanbul Protocol for prosecutors, text of COVID-19. members of State agencies, and sup- lawyers and 25 medical staff working in In Tajikistan, OHCHR supported ported training delivered by the Advocates places of detention. In addition, a man- capacity-building activities for 16 Training Centre to 60 lawyers on the ual on torture investigation highlighted staff members of the Office of the newly adopted criminal law. Following decisions issued by the human rights Commissioner for Human Rights, rep- the implementation of a pilot course in treaty bodies in relation to Central Asia. resentatives of the Statistics Agency, the 2019, the Office advocated for the review OHCHR and the ICJ cooperated with the Presidential Office and the Ministry of of a training manual on multicultural edu- Supreme School of Judges to train teach- Foreign Affairs on human rights indi- cation at the tertiary level. The manual ing 95 judges, prosecutors and CSOs on cators and alternative reporting under was approved by the Kyrgyz Academy of the justiciability of ESCRs in national the third cycle of the Universal Periodic Education in 2020 and is recommended courts. Furthermore, OHCHR collab- Review (UPR). The Office and the for use in universities. The Academy of the orated with the Chamber of Lawyers to Ombudsperson discussed the steps that Ministry of Internal Affairs of Kyrgyzstan train 25 lawyers on the rights to liberty, need to be taken to enhance the NHRI’s has begun testing the manual as part of a fair trial, freedom from torture, the use compliance with the Paris Principles. the training materials for police officers. of international human rights mecha- nisms and the application of international In Turkmenistan, the Office of the human rights law in national courts. Ombudsperson increased its human rights

UN Human Rights Report 2020 385 UN HUMAN RIGHTS IN THE FIELD

monitoring capacities in the context of 14 strategic human rights cases relating Parti­ci­pation (P) COVID-19 by using thematic human to equality and non-discrimination were rights indicators developed by OHCHR. P1 – CSOs, human rights defenders initiated by lawyers who had completed The Office and UNICEF co-organized a (HRDs) and marginalized groups increas- OHCHR’s School for Strategic Litigation. webinar on alternative reporting under ingly claim their rights and promote the One complainant received compensation CRC and the Ombudsperson included a rights of their constituencies and partic- for a child who had contracted HIV in first alternative report to the human rights ipate more freely in public life. the hospital. Other cases are pending. In treaty bodies on this topic in the 2021 total, 383 people received legal consulta- annual workplan. tions and legal assistance was provided by three partner organizations for 114 cases In Uzbekistan, the NHRI took steps OHCHR contributed to the increased use in three different regions of the country. to enhance its public advocacy. For of national protection systems in compli- instance, the post of the Children’s ance with international human rights In Tajikistan, the Office held two train- Rights Ombudsperson was created fol- standards by supporting strategic litiga- ing sessions on the right to adequate lowing the release of the 2019 capacity tion and training programmes for HRDs, housing in cooperation with the Union assessment report, which was jointly pre- persons with disabilities and underrep- of Lawyers and the Independent Centre pared by OHCHR, UNDP and the Asia for Protection of Human rights. A total resented minorities in State institutions. Pacific Forum of National Human Rights of 30 lawyers from Dushanbe, the Institutions (APF). OHCHR supported In Kyrgyzstan, as part of an ongoing Mountain Badakhshan autonomous the Ombudsperson’s Office to submit its OHCHR-supported programme, 23 region and the Sughd Province enhanced first application to the Global Alliance persons (14 women, nine men, including their knowledge about forced evictions of National Human Rights Institutions nine persons from ethnic minorities and and protection mechanisms. (GANHRI) and it was accredited with six persons with disabilities) completed In Turkmenistan, OHCHR, the RCO “B” status. OHCHR’s advocacy led to the a three-month internship programme and UNDP convened two events for resumption of preventive visits to places of in State and municipal bodies of the CSOs to discuss human rights during the detention by the Ombudsperson’s Office Issyk-Kul region on increasing the parti- COVID-19 pandemic and develop rec- in August. Moreover, three civil society cipation of underrepresented groups in ommendations on ways to better support experts were trained to use an OHCHR public life. The State Personnel Service vulnerable groups and their recovery. monitoring questionnaire during the proposed the formal establishment of the NHRI’s visits to COVID-19 treatment programme. In addition, OHCHR sup- In Uzbekistan, the Office took steps to facilities, a quarantine facility and places ported a public hearing for the Osh city build the capacities of 44 new activists on of detention. OHCHR’s recommendations budget. Approximately 250 participants, human rights standards, monitoring and encouraged the Government to review the including persons with disabilities and reporting, advocacy work and creating practice of requiring a 14-day quarantine individuals from ethnic minorities, dis- and managing CSOs. A total of 17 webi- stay in a container zone for individuals cussed domestic violence and the absence nars were organized with the Centre for who crossed the border of Uzbekistan. of or barriers to accessing public facilities, the Support of International Protection, The NHRI carried out advocacy with clean drinking water and medical services. resulting in the creation of three CSOs the Parliament to ensure eligibility of and initiatives to support persons with civil society experts as members of the The Office held two capacity-building disabilities and women’s rights, religious National Preventive Mechanism (NPM). events for government authorities to freedom and the rights of prisoners. In discuss the drafting and adoption of addition, OHCHR helped to organize comprehensive anti-discrimination legis- seven seminars on CRPD and the SDGs, lation in 2021, including with the support involving 180 participants from six Uzbek of the Coalition for Equality. OHCHR’s regions and the capital. Participants dis- advocacy encouraged the Government cussed challenges faced by persons with to accept several UPR recommenda- disabilities and ways to protect their rights tions related to discrimination. Further, under CRPD and the Law on the Rights

386 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

of Persons with Disabilities. Background to housing,” which included the partici- efforts, the Government adapted SDG materials were distributed in the Uzbek pation of four NHRIs from the region Indicator 16.10.1 to the national con- language and 20 per cent of the materials and the Special Rapporteur on adequate text and the State Statistics Committee were available in Braille. OHCHR and housing as a component of the right to an included a question on discrimination the OSCE organized two high-level adequate standard of living, and on the against women in the 2020 Multiple events with representatives from the right to non-discrimination in this con- Indicator Cluster Survey. Parliament and the Government, during text. OHCHR also supported the online which organizations of persons with meeting of the Second Central Asian disabilities (OPDs) outlined recommen- LGBT+ online platform and facilitated the Mechanisms participation of activists, CSOs and the dations to combat discrimination and M1 – National Mechanisms for Reporting Independent Expert on protection against ensure inclusivity. The events concluded and Follow-up (NMRFs) successfully ful- violence and discrimination based on sex- a one-month media marathon that was fil their mandates. They engage with the ual orientation and gender identity. supported by the National Media international human rights mechanisms, Company “UzReport” to advocate for the In the context of COVID-19, OHCHR coordinate reporting and follow-up, ratification of CRPD. All media products assisted the UNCTs in the preparation consult with relevant national actors were produced in accessible formats by of Socio-Economic Impact Assessments and share information with them and and with persons with disabilities. (SEIAs) and Socio-Economic Response the public. Plans (SERPs) by providing expertise on the use of human rights indicators. Development In Kyrgyzstan, OHCHR and Equal OHCHR contributed to strengthening D7 – When implementing the SDGs and Rights Trust co-organized an expert NMRFs and/or the implementation of other development plans, more Central briefing for the UNCT on comprehen- recommendations issued by the interna- Asian States and UNCTs adopt a human sive anti-discrimination legislation. In tional human rights mechanisms. Tajikistan, OHCHR co-chaired the rights-based approach (HRBA) and rec- UN Human Rights continued to UNSDCF results group on human rights ommendations issued by the international strengthen the mandate and capaci- and good governance and provided human rights mechanisms. ties of NMRFs and their cooperation expertise on the application of a human with NHRIs, civil society and inter- rights-based approach in the CCA and national organizations in the region. the UNCT 2021-2022 workplan. It also Support was provided to reinforce the OHCHR contributed to the integration advised on successful engagement with the NMRF legal frameworks (Kyrgyzstan of human rights into the UN and national UPR Working Group. In Turkmenistan, and Uzbekistan), train NMRF staff and frameworks for the SDGs and COVID-19 OHCHR raised the awareness of staff ministerial focal points on implement- responses in Central Asia. from the Office of the Ombudsperson, ing and reporting on recommendations key State institutions and international In 2020, UN Human Rights strengthened issued by the international human rights partners on the UN Guiding Principles the capacity of national stakeholders to mechanisms (Kyrgyzstan, Turkmenistan on Business and Human Rights (UNGPs) integrate human rights into their SDG and Uzbekistan) and prepare the periodic regarding forced labour, human traffick- implementation efforts through the reports and implementation plans of States ing and trade unions. collection of disaggregated data, the (Kyrgyzstan, Tajikistan, Turkmenistan inclusion of vulnerable groups and link- In Uzbekistan, OHCHR supported the and Uzbekistan). OHCHR carried out ages with recommendations issued by drafting of the UNSDCF 2021-2025 with 12 country-specific activities to enhance the international human rights mech- a strong focus on enlarging civic space. In the effectiveness of NMRFs, including anisms. OHCHR, the International addition, the Office worked with interna- by eliminating delays in reporting to the Centre Interbilim and the Open Society tional partners to establish the Human human rights treaty bodies, improving Institute organized a regional online Rights Coordination Group to streamline consultations and ensuring recommen- forum entitled “Strengthening the right advocacy initiatives. As a result of these dations are implemented. Moreover,

UN Human Rights Report 2020 387 UN HUMAN RIGHTS IN THE FIELD

the National Recommendations Human Rights Commission was estab- Tracking Database (NRTD) was rolled lished to oversee the implementation of out in Uzbekistan and Kyrgyzstan and the recommendations of the international Turkmenistan expressed their interest in human rights mechanisms. As a follow-up piloting the NRTD. to the Human Rights Committee’s con- cluding observations, OHCHR supported Due to OHCHR’s support, Central Asian the drafting by civil society experts of a States had only two overdue reports by draft NGO Code, which was shared with the end of the year. The Office assisted the Parliament and the Government. with the preparation of State reports to the Human Rights Committee, CESCR and the UPR in Kyrgyzstan, CERD and CESCR in Tajikistan and the first mid- term UPR report in Uzbekistan. The Office continued to advocate for the ratification by Central Asian States of outstanding international human rights treaties. In December, Kazakhstan ratified ICCPR-OP2 and declared its intention to ratify the OP-CRPD and the OP-CRC-IC. In Uzbekistan, the Law on the Rights of Persons with Disabilities, which was adopted in October, came into force in January 2021. The ratification of CRPD was included in the National Human Rights Strategy and the UPR Action Plan. In Kyrgyzstan, OHCHR organized the first public discussions on UPR recom- mendations after the UPR review. As a result of these efforts, the country supported 83 per cent of the recommen- dations (seven per cent more than during the second UPR cycle). In Tajikistan, the Office offered support to developing the National Human Rights Strategy 2030 through an inclusive pro- cess involving CSOs and international organizations. In Uzbekistan, some rec- ommendations issued by the international human rights mechanisms were incorpo- rated into the National Human Rights Strategy, which was adopted, in June. The National Human Rights Centre was tasked with monitoring the implementa- tion of the strategy and a parliamentary

388 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

Reparations for the mother of a child infected with HIV in Kyrgyzstan

With legal assistance provided by the UN Human “Then I took a training from the Office of the UN Rights Regional Office for Central Asia and its High Commissioner for Human Rights, where I CSO partner, Adilet Legal Clinic, Aigul16, the learned a lot about human rights and how to resist mother of a child who became HIV positive during discrimination and fight against stereotypes.” his stay in a hospital, was awarded compensation The trainings were held throughout the year and it after a legal battle that lasted more than six years was here that she met the lawyers of the Adilet Legal and passed through three court instances. Clinic. “With their help, I filed a complaint with the As Aigul recounts, “In 2010, my son fell and lost Supreme Court of Kyrgyzstan against the Ministry of consciousness. I took him to the city hospital where Health and the hospital in Kyzyl-Kiya.” In December, he was given a blood transfusion.” When his condi- the Court recognized Aigul’s right to compensation tion did not improve, she took him to the Centre for for the infection of her child and ordered the defen- Maternal and Child Health Protection, in Bishkek. dants to pay her two million soms (approximately Tests determined that her son had received blood US$23,500). that was infected with HIV. “I never imagined that “I am grateful to the Adilet Legal Clinic, who pro- the hospital where I went to save my son would vided legal assistance through a project of the UN make him sick for life,” she said. Human Rights Office, and whose staff was with me to “I went back to the Kyzyl-Kiya hospital (in Batken the end.” Aigul is confident that her case will establish province), but the hospital had already been an emblematic that will help others who informed and they had changed and archived his have been infected to obtain compensation. medical records.” AIgul continued, “I went to the “I would like to say to all those who have been victims police, to the Prosecutor’s Office – I explained what of negligence and injustice and to children who have had happened. They ridiculed me and refused to HIV and their parents, fight for your rights! Let’s take my statement. After unsuccessful appeals to prove that people living with HIV are not dangerous local authorities, the General Prosecutor’s Office to society. The time has come for us to unite and chal- launched an investigation. Finally, in 2014, the lenge the unfounded stereotypes about HIV/AIDS.” Kyzyl-Kiya City Court ruled that my child had been infected with HIV due to the negligence of doctors.” Nevertheless, her son continued to experience dis- crimination within their community, including when receiving medical care. As a result, they moved to Bishkek. Even in the capital, none of the schools Aigul approached would accept him for enrolment. She became depressed and suicidal.

16 Aigul’s name has been changed to protect her identity.

UN Human Rights Report 2020 389 UN HUMAN RIGHTS IN THE FIELD

and methodology of the Commission’s EUROPE annual report. The Office’s clear posi- Type of engagement Regional Office tion on this topic enabled it to continue European Union and member states of the its advocacy on making linkages between Countries of engagement European Union human rights, democracy and the rule of Year established 2009 law and the importance of defending civil society space. Despite ongoing differences Field presence(s) Brussels, Belgium regarding the scope of the EU rule of law Staff as of 31 December 2020 8 mechanism, the first annual report of the Commission interpreted the rule of law to include media pluralism and institutional XB income US$654,200 checks and balances, such as NHRIs and XB requirements 2020 US$2,668,000 participatory processes. The preparation of the report involved extensive consulta- XB expenditure US$503,449 tions and the European Council held its Personnel Non-personnel PSC4 41% 47% 12% first peer review dialogues in November. $206,846 $238,684 $ 5 7,919 In December, an agreement was reached on rule of law budget conditionality, RB expenditure US$1,009,799 linking EU disbursements to member Personnel Non-personnel 85% 15% states to their respect for the rule of law. $854,342 $155,456

Key OMP pillars in 2020 Non-discrimination

4 Please refer to Data sources and notes on p. 231 ND1 – The EU expands and implements its policies for equality and protection against discrimination to better reflect international human rights law, especially PILLAR RESULTS: in relation to Roma, persons with disa- bilities, older persons, LGBTI persons and women. Accountability (A) the EU Council; and the rule of law budget conditionality. A2 – EU institutions and member states respond more effectively to threats to Throughout 2020, UN Human Rights OHCHR contributed to strengthening democracy and the rule of law in the EU. engaged extensively with EU institutions, the EU policy framework for equality and including the Commission, the European protection against discrimination, with an Parliament, the Presidencies of the EU enhanced focus on implementation. Council and various other stakeholders, OHCHR contributed to the expansion to promote the application of a human UN Human Rights actively engaged in of the EU toolkit to tackle rule of law rights-based approach to the new EU rule advocacy in the EU on a range of equal- challenges inside the EU. The toolkit now of law mechanisms. In May, the Office ity policy issues and ensured the regular includes: the annual rule of law monitor- issued a publication entitled The case for dissemination of materials from the UN ing report by the European Commission, a human rights approach to the rule of law human rights system during the COVID- which combines a regional-level report in the European Union, which articulates 19 crisis. The Office also contributed to and 27 country-specific chapters; the how international human rights law can the consultation process for the European rule of law peer review dialogue in provide direction for the scope, content Commission’s new Roma Strategic

390 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

Framework for Equality, Inclusion and on NAPARs. Following the adoption of at headquarters and prepared a letter Participation for 2020-2030. To this end, Human Rights Council resolution 43/1 from the High Commissioner to the EU the Office engaged with Roma organiza- on systemic racism in law enforcement Commissioner for Equality. It also sub- tions and EU institutions, emphasizing against Africans and people of African mitted formal inputs to the EU online the key principles of an HRBA and the descent, OHCHR provided support to consultation. In relation to the Green importance of a monitoring framework the mandated work, including through Paper on Ageing, OHCHR advocated that is more conducive to accountability research and analysis and by laying the for the integration of a human rights at the regional and national levels. In addi- foundation for four regional consulta- perspective, building on its role in mon- tion to the social measures contained in tions that took place in early 2021. On 2 itoring the impacts of the pandemic on the previous EU framework, the new EU December, the International Day for the older persons in care homes in Belgium framework includes a focus on equality, Abolition of was commemorated and its ongoing collaboration with AGE participation and addressing anti-gypsy- at the European level for the first time. Platform Europe. In October, OHCHR, ism. It makes linkages with the SDGs and To mark the occasion of the Inaugural AGE Platform Europe and the European incorporates a strengthened monitoring Commemoration of the European Day Disability Forum co-organized a policy framework based on OHCHR-inspired for the Abolition of the Slave Trade, webinar on lessons learned from the pan- indicators. the European Parliament organized a demic about the human rights of older persons with disabilities in the EU. In In 2020, the Office continued to combat virtual event entitled “Recognizing the December, the Office submitted a written racism and discrimination against people past, repairing the present, building the contribution to the online consultation of African descent in the EU. In addition to future.” The Regional Representative on the Green Paper road map, highlight- participating in the multi-stakeholder EU moderated afternoon discussions and the ing the importance of policy coherence High-Level Group on combating racism, High Commissioner for Human Rights between the Green Paper on Ageing, the xenophobia and other forms of intoler- delivered the keynote address. Disability Strategy and the EU Pillar of ance for the last three years, the Regional With regard to LGBTI equality, OHCHR Social Rights Action Plan. Office promoted the International Decade supported exchanges of information for People of African Descent and sup- and strengthened its strategic partner- In Belgium, UN Human Rights main- ported advocacy on its key pillars. In ship with the LGBTI regional network, tained contact with various partners cooperation with the European Network ILGA Europe, and its collaboration and counterparts in relation to the draft of People of African Descent (ENPAD), with the Independent Expert on protec- National Action Plan against Racism and the Office organized four webinar training tion against violence and discrimination the work of the Special Parliamentary sessions on “Fulfilling the human rights based on sexual orientation and gender Commission on Belgium’s colonial past. of girls and women of African descent identity. It also contributed to meetings It also contributed to raising awareness in the EU.” The programme brought and capacity-building initiatives, notably of the European Governmental LGBTI together 64 young activists, experienced in relation to the International Decade for Focal Points Network with advocacy in human rights advocates and commu- People of African Descent and recommen- relation to international human rights nity organizers from 13 EU countries. In dations issued by the international human standards in anticipation of the European September, the European Commission rights mechanisms regarding Belgium. Commission’s adoption, in November, of adopted the EU Anti-Racism Action Plan its first LBGTI Equality Strategy. 2020-2025. The Plan includes actions to mainstream equality across EU laws, The Regional Office engaged with the policies and institutions and to address European Commission on other equal- systemic racism. Calling on all EU mem- ity policy initiatives, namely, its next ber states to adopt national action plans 10-year Disability Strategy and its Green against racism (NAPAR) by 2022, it also Paper on Ageing, both of which will be incorporates guiding principles to assist issued in 2021. Regarding the Disability member states in doing so, including by Strategy, the Office worked closely with drawing on OHCHR practical guidance the OHCHR Senior Disability Adviser

UN Human Rights Report 2020 391 UN HUMAN RIGHTS IN THE FIELD

ND6 – The EU and its member states The new EU Pact on Migration and with the EU rule of law mechanisms and respect the right to information and pro- Asylum, which was tabled by the in relation to the EU Disability Strategy, cedural safeguards in migration processes Commission, in September, contains sev- the EU Pillar of Social Rights Action Plan and work towards ending the detention of eral provisions that are relevant to human and the European Green Deal agenda. children in migration. rights and proposes the establishment of The Office continued to monitor various an independent human rights monitor- developments, for instance in Hungary ing mechanism at EU borders. In light of and , as well as the impacts of the OHCHR supported the capacity of the the escalating pushbacks at the EU bor- COVID-19 crisis on civic space. Further, it Consultative Forum on Fundamental ders, OHCHR consistently advocated shared information with the international Rights to advise Frontex, the European for the creation of such a mechanism human rights mechanisms and engaged Border and Coast Guard Agency, on and it will continue to prioritize this with regional actors. As a result, the EU human rights-compliant policies. objective during negotiations of the EU Fundamental Rights Agency included a Pact with the European Council and the question about online attacks in its sur- UN Human Rights joined Frontex’s European Parliament. vey on civic space in Europe. In addition, Consultative Forum on Fundamental its report on civic space includes find- Rights, in January, thereby carving out a ings about online harassment of HRDs space to help strengthen the Forum’s capac- Parti­ci­pation (P) (experienced by three quarters of the ity to advise on human rights-compliant respondents). The EU Commission’s 2020 policies that enhance the implementation P5 – National, regional and international Rule of Law Report, issued in September, of UPR recommendations. This responds actors respond more effectively to threats mentions the importance of “an enabling to the UN Secretary-General’s Call to to civic space. ecosystem,” including a free and active Action for Human Rights to support civil society. member states and other stakeholders in making better use of UPR outcomes. OHCHR’s advocacy efforts contrib- The Office reached out to its civil society It also allows for daily engagement and uted to more effective actions from EU partners, NHRIs and equality bodies and building the capacity of Frontex to uphold regional institutions in response to their regional networks, shared informa- human rights in the context of European threats to civic space. The European tion and expertise on the protection of border governance. Democracy Action Plan, the EU Strategy civic space and HRDs, relayed key con- cerns and advocacy messages and called Throughout the year, the Regional Office for the Effective Implementation of the for submissions from the international drew attention to applicable international Charter of Fundamental Rights and the human rights mechanisms. In December, standards for the protection of the human EU Digital Strategy, all adopted in 2020, the Office lent its voice to two major EU rights of migrants. In cooperation with recognize the need to protect civic space in partners, the Regional Office continued to Europe, both offline and online. The EU’s civil society events, namely, a policy encourage the increased and accelerated seven-year budget 2021-2027 includes a debate on European venues to protect relocation of migrant unaccompanied €1.6 billion programme entitled “Justice, the right to peaceful assembly in the con- minors from camps and facilities in Rights and Values,” which allocates funds text of the rule of law framework and the EU border countries to other EU mem- to support European CSOs working on launch of the Civic Space Watch report ber states. This necessitated mutually democracy and human rights within 2020: Stories from the lockdown, which supportive advocacy and enhanced col- the EU. took place during the Civic Pride Awards. laboration with the Council of Europe UN Human Rights raised awareness on OHCHR also contributed to the public Special Representative on Migration and the importance of protecting civic space consultations on the EU’s Digital Refugees and the migration team of the in the EU through monitoring and advo- Services Act with a letter from the High European Network of National Human cacy across substantive topics. It also Commissioner, highlighting key human Rights Institutions. mainstreamed empowerment and partici- rights messages and recommendations. pation into its advocacy and policy advice In November, the Office collaborated to the EU, including through engagement with the Europe Office of the Centre

392 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

for Democracy and Technology (CTD) Rapporteur on the promotion and pro- of Social Rights. Specifically, the Office to organize an online high-level panel tection of human rights and fundamental advocated for the process to be anchored discussion on “Protecting democracy in freedoms while countering terrorism and in international human rights standards the digital age,” which brought together the former UN Special Rapporteur on the and the SDG framework and for a better speakers and participants from EU insti- promotion and protection of the right to reflection of the findings and recommen- tutions, industries, the UN system and freedom of opinion and expression. dations issued by the international human rights mechanisms in the European civil society. In 2020, the Regional Office and other Semester of the European Union. Together members of the UN Brussels Team with ILO, OHCHR co-organized a webi- (UNBT) submitted inputs to the EU’s nar on “Strengthening social protection Development third Action Plan on Gender Equality in the EU,” in the wake of COVID-19, and Women’s Empowerment in External D7 – EU institutions make further prog- which brought together over 120 partici- Action (2021-2025) (GAP III). The ress in integrating human rights and a pants, including high-level panelists from joint submission was presented by the human rights-based approach, into EU the Cabinet of the EU Commissioner for European Commission and the EU external development programming. Jobs and Social Rights, the EU Agency High Representative/Vice-President, in for Fundamental Rights and social November, and endorsed by the German partners. The Office also helped to facil- EU Presidency and 24 EU member states itate the virtual visits of the UN Special OHCHR continued to promote the in December. It was well received by the Rapporteur on extreme poverty and application of an HRBA to the work of Commission and the European External human rights to EU institutions, which the EU institutions involved in external Action Service (EEAS). In the UNBT’s began in November, as the EU and its action and development cooperation and joint submissions to the EU Green Deal member states were negotiating COVID- the UNBT. consultations, the Office consistently 19 recovery plans. stressed the importance of protecting UN Human Rights continued to collab- human rights in all EU external action OHCHR undertook an active role in the orate with the Human Rights Unit of the under the Green Deal, including trade and new UNBT Task Force on the EU’s Green European Commission’s Directorate- development assistance. Deal in order to more fully engage with General for International Cooperation EU institutions. In addition to senior- and Development (DEVCO) through level meetings, the Task Force contributed dialogues and the organization of several D7 – The EU and UNBT increasingly three submissions to the EU consultations joint events. This included a policy dia- integrate a human rights-based approach on the then-draft 2030 Climate Targets, logue with the UN Special Rapporteur on into their work on the 2030 Agenda for the draft Climate Adaptation Strategy and the rights to freedom of peaceful assem- Sustainable Development. the Zero Pollution Action Plan, emphasiz- bly and of association and a webinar ing the importance of integrating human on “Building back better: How to place rights guidance issued by the interna- human rights at the heart of the COVID- tional human rights mechanisms. The OHCHR contributed to an increased 19 response in the global South?” The Office also contributed to the report of understanding of the linkages between webinar featured the participation of the European Parliament’s Subcommittee human rights and the People, Planet and the EU Special Representative for human on Human Rights (DROI) (a subcommit- Prosperity Pillars of the 2030 Agenda, rights, the Head of the OHCHR Surge tee of the Committee on Foreign Affairs) both within the EU and in relation to EU Initiative and the representative of the on the impact of climate change and the external action. OHCHR Country Office in Guinea. protection of environmental HRDs. In December, the 2020 edition of the With respect to social rights in the EU, DEVCO-led EU-NGO Human Rights UN Human Rights sent a formal written Forum entitled “The impact of new tech- submission to the EU consultation process nologies on human rights” included the regarding the forthcoming EU Action Plan High Commissioner, the UN Special on the implementation of the EU Pillar

UN Human Rights Report 2020 393 UN HUMAN RIGHTS IN THE FIELD

Council and Treaty Mechanisms Division, Peace and Security the OHCHR Regional Representative for PS3 – EU external action is increasingly East Africa and to the African Union and underpinned by international human the Head of the Human Rights Unit of the rights norms and standards. EU Delegation in Geneva. OHCHR chaired the UNBT Task Force on the EU Action Plan on Human Rights OHCHR contributed to a renewed com- and Democracy. Following the adop- mitment to international human rights tion of the Plan, in November, the Office norms in EU external action, as expressed organized two briefings with EEAS for in the EU Action Plan on Human Rights members of the UNBT: the first on the and Democracy (2020-2024) and the EU’s Action Plan and the second on the new EU third Action Plan on Gender Equality Global Human Rights Sanctions Regime and Women’s Empowerment in External that the EU adopted in December. The Action (2021-2025). Regional Office also participated in the UNBT Task Force on the Joint Africa-EU In 2020, UN Human Rights increased Strategy and will strengthen its collabora- its engagement with EU institutions tion with the OHCHR Regional Office in in Brussels that are focused on EU Addis Ababa for triangular engagement external action, notably in peace and with the EU and the African Union on security, and provided greater support human rights priorities. to the Office’s engagement at headquar- ters and in field presences. The Office enhanced its working relationship with the EU Council Working Party on Human Rights (COHOM), DROI and EEAS and strengthened its relationship with the EU Special Representative for human rights and his Office. UN Human Rights sup- ported several briefings and/or meetings between COHOM and EEAS with UN Human Rights staff members and UN special procedures mandate holders, including the Chief of OHCHR’s Human Rights Council and Treaty Mechanisms Division, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the situation of human rights in Eritrea and the Independent Expert on the human rights situation in Somalia. In November, the Office collaborated with the European Commission and EEAS to co-organize an online event on human rights in multi- lateral action, with a panel composed of the Chief of OHCHR’s Human Rights

394 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

the United Nations Disability Inclusion REPUBLIC OF NORTH MACEDONIA Strategy (UNDIS) accountability score- Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 card for disability inclusion. The Office 2.08 million 26,000 km² 0.774 (rank: 82/189 in 2019) “B” Status (2011) organized two broad consultations to Type of engagement Human Rights Adviser inform the UNCT’s application to the United Nations Partnership on the Rights Year established 2007 of Persons with Disabilities Multi-Partner Field office(s) Skopje Trust Fund (UNPRPD MPTF) and pre- United Nations Development Assistance pared a UNCT-wide Disability Inclusion UN partnership framework Framework 2016-2020 Action Plan for 2020-2021.

Staff as of 31 December 2020 1 ND3 – National laws on sexual and gen- Key OMP pillars in 2020 der-based violence (SGBV) protect women 1 2 3 Please refer to Data sources and notes on p. 229 from SGBV and comply with interna- tional human rights standards.

PILLAR RESULTS: OHCHR contributed to improving the level of compliance with interna- Non-discrimination (ND) participation of OPDs and CSOs in the tional human rights standards of laws monitoring functions. To gauge interest, ND1 – National mechanisms for the and policies on protection from sexual the Office of the Ombudsperson con- implementation and monitoring of CRPD exploitation and abuse (PSEA) and protec- are effective, adequately resourced and ducted a nationwide survey and received tion against gender-based violence (GBV). comply with international standards. support from the Office to develop a ques- tionnaire and ensure broad participation. UN Human Rights led the UNCT’s Approximately 20 OPDs and CSOs collective efforts to implement the Secretary-General’s strategy to prevent answered the survey. They expressed and respond to sexual exploitation and OHCHR contributed to enhancing the an interest in joining the monitoring abuse (PSEA) at the country level. The functioning of oversight, accountability framework and contributed to gathering and protection mechanisms that conform HRA mapped corporate PSEA policies of information on key issues of concern for with CRPD standards. various entities and drafted a comprehen- persons with disabilities. An event will sive PSEA Action Plan that was endorsed UN Human Rights carried out be organized in April 2021 to launch the by the UNCT in July. The Action Plan capacity-building activities with the national monitoring framework. provides a coherent approach to promot- Office of the Ombudsperson following OHCHR continued supporting the ing an organizational culture of speaking its 2018 designation as the entity respon- National Coordination Body for the up and reporting any sexual misconduct sible for developing and operationalizing and establishing structures to ensure that a national monitoring framework for implementation of CRPD, providing victims are fully assisted and protected. CRPD in cooperation OPDs. At the guidance to its Secretariat on improving beginning of 2020, the monitoring frame- coordination, consultations and report- OHCHR followed up on the work ini- work was incomplete and no initiatives ing on the operational plan to implement tiated in 2019 to support the Working had been undertaken to facilitate the CRPD recommendations. OHCHR also Group established by the Ministry of meaningful participation of OPDs in the contributed to the UNCT’s efforts to Labour and Social Policy to draft the monitoring process. The HRA intensi- increasingly include disability in its pro- Law on Prevention and Protection against fied its engagement and advocacy efforts cesses and programmes. It organized the Gender-Based Violence against Women with all national partners to support the dialogue and reporting process around and Domestic Violence. More specifically,

UN Human Rights Report 2020 395 UN HUMAN RIGHTS IN THE FIELD

OHCHR provided ongoing expert advice the most recent recommendations issued the 2019 State Party report, with specific to ensure its compliance with interna- by the international human rights mecha- information on the situation of vulnera- tional human rights standards and the nisms in relation to the Republic of North ble children and harmful practices. The integration of all aspects related to preven- Macedonia and linked them to UNSDCF- Committee will consider the report in tion, protection and the reintegration of specific outcomes. The matrix will be part February 2021. In parallel to these efforts, victims. The Office continued to chair the of the Cooperation Framework and will the Office continued to offer support to UNCT Human Rights and Gender Theme continue to guide the UNCT towards the NMRF, including in relation to the Group with UN Women, thereby con- achieving the 2030 Agenda for Sustainable submission of the State Party report under tributing to building awareness around Development. Another positive result was the Convention against Torture. legislation and policy frameworks on gen- the assessment of the country’s SERP as a der equality and gender-based violence. good example of human rights inclusion.

Development Mechanisms (M) M2 – Civil society engages systemat- D8 – The State collects reliable data sys- ically with the international human tematically and in a timely manner on the rights mechanisms. situation of women and groups at risk of discrimination.

OHCHR supported the engagement of CSOs with the VNR process and report-

ing under CRC through expert advice, OHCHR contributed to improving the advocacy and capacity-building efforts. compliance with international human UN Human Rights continued working rights standards of selected UNCTs, with CSOs to strengthen their capacity CSOs and government programmes to systematically engage in the reporting and processes. and follow-up process on recommenda- UN Human Rights continued to build tions issued by the international human the capacities of the UNCT, government rights mechanisms in a coordinated way partners and CSOs on a human rights- through formal and informal coalitions. based approach to data and the benefits The Office hosted quarterly meetings of its application. Technical advice was with human rights CSOs to inform them provided on human rights indicators to about the activities of the international enhance UNCT programming and UNCT human rights mechanisms. OHCHR also activities in support of the national SDG supported a network of CSOs, which process. This included the process leading advocates for the sexual and reproduc- tive rights of marginalized groups, and to the Republic of North Macedonia’s first helped them to submit a ‘spotlight report’ VNR, which took place virtually at the that independently assesses progress in High-level Political Forum in July. this area as a complement to the coun- In particular, the HRA supported the try’s first VNR report. In addition, the mainstreaming of human rights into Office facilitated the engagement of the the development of the CCA, the new NHRI and CSOs with the Committee UNSDCF 2021-2025 and the SERP. The on the Rights of the Child, resulting in Office updated an internal matrix with the submission of an alternative report to

396 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

seed funding, became an integral part REPUBLIC OF MOLDOVA of the SERP, were used to advocate for Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 human rights-based responses with State 4.03 million 34,000 km² 0.750 (rank: 90/189 in 2019) “A” Status (2018) authorities and will support the drafting Type of engagement Human Rights Adviser of a human rights impact assessment of COVID-19 in 2021. Year established 2008

Field office(s) Chisinau The Office continued building the capac- ities of representatives of vulnerable UN partnership framework United Nations Partnership Framework 2018-2022 groups in the Transnistrian region with a Staff as of 31 December 2020 8 particular focus on advocacy for the inclu- sion of human rights in public agendas. In collaboration with UNDP, three meetings XB requirements 2020 US$859,000 were held with 100 persons (67 women, 33 men) to enhance their knowledge and Key OMP pillars in 2020 gather views on possible response mea-

sures on various issues, such as the right 1 2 3 Please refer to Data sources and notes on p. 229 to health and the rights of persons with disabilities during the pandemic.

PILLAR RESULTS: In addition, UN Human Rights conducted media campaigns on COVID-19- associated stigma, in coordination with Parti­ci­pation (P) among Task Force members as well as WHO and the European Union, through results of their discussions contributed to the production of four videos, four P6 – Vulnerable rights-holders, notably policy and programme design and imple- podcasts and 40 visuals. It mounted persons with disabilities, participate more mentation and was conducive to a better a campaign on vulnerable groups in frequently and more fully in forming pub- understanding of the needs of vulnerable the Transnistria region through eight lic policy and drafting laws, including by groups during the pandemic. In addition, media products. The Office led a cam- taking public office. its analytical work on progress in imple- paign entitled “Recover better together: menting recommendations issued by the Human rights for all,” with support international human rights mechanisms from the RCO and six UN entities. The OHCHR supported the meaningful parti- shed light on interlinkages between the campaign featured members of vulnera- cipation of rights-holders, especially from implementation of recommendations and ble groups who shared their reflections vulnerable groups, in public processes human rights-based responses to COVID- on ways to improve the human rights- linked to the COVID-19 response. 19. The needs assessment was also used to based response to the pandemic and was guide OHCHR in the development of nine promoted through 14 videos, six online UN Human Rights supported the creation guidance notes (including four in easy-to- events, five media op-eds and 15 posts on of an NGO Task Force on COVID-19 read format and two in Braille) on human social media. This culminated with the and Human Rights, which included 56 rights in the context of the pandemic. online End-Of-Year Human Rights Talk national and local NGOs, including Topics covered the rights to health, work “Moldova and COVID 19: Ensuring a from the Transnistria region. The HRA and social protection, the rights of older human rights-based approach to response facilitated meetings of the 12 Task Force persons and persons with disabilities and and recovery measures.” During the high- thematic groups. This provided members human rights-compliant restrictive mea- level event, the Ministers of Education and with opportunities to exchange good prac- sures and communications. The guidance Health, NHRIs, CSOs and UN partners tices, discuss human rights concerns and notes, along with nine localized human discussed their COVID-19 responses from solutions. A needs assessment conducted rights indicators that were developed with a human rights perspective.

UN Human Rights Report 2020 397 UN HUMAN RIGHTS IN THE FIELD

led State authorities to undertake a com- Non-discrimination (ND) mitment during a high-level event to ratify ND1 – Laws, policies and practices more the OP-CRPD in 2021. In addition, the effectively prevent and prosecute discrim- HRA helped to develop a set of standards ination against women, persons with for legal aid entitled Quality Standards disabilities, Roma and other minorities. for Legal Aid for Persons with Disabilities and ensured their compliance with inter- national human rights law. OHCHR continued its advocacy efforts The Office continued to train media pro- to support the increased compliance of fessionals and promote a more inclusive legislation and policy with international and non-discriminatory national media human rights standards. narrative, focusing on human rights in the context of the COVID-19 pandemic. In Following extensive advocacy undertaken particular, 30 media and communications by UN Human Rights, the Transnistria staff from State institutions increased de facto authorities approved the creation their knowledge about pro-diversity and of an intersectoral working group that pro-equality approaches to media work. is mandated to draft a regional human rights framework. OHCHR developed a UN Human Rights worked successfully road map for this process, which the de towards mainstreaming human rights facto authorities supported, based on an into the work of UNCT members and approach that includes the participation of key documents. It developed a guidance CSOs. The HRA will further strengthen document on the application of a human the capacities of members of the working rights-based approach to SEIAs, which group in 2021 through training initiatives. is being used by various UN entities and became an integral part of the SERP. UN In parallel, OHCHR trained 28 HRDs Human Rights also ensured that human (20 women, eight men) and members rights were included in the theory of of CSOs in the Transnistria region to change for disability inclusion, the CCA increase their capacity to advocate for the and the SERP, the latter of which was con- rights of underrepresented groups and act sidered to be a good example of human as human rights trainers. The Office con- rights mainstreaming by the UNSDG ducted an assessment of the human rights Task Team on Leaving No One Behind, situation of Roma in the region, which Human Rights and the Normative served as a basis for launching a dialogue Agenda. Moreover, OHCHR contributed between Roma CSOs and de facto author- to the increased engagement of the UNCT ities on access to education, work and and CSOs with the international human social protection. The assessment was also rights mechanisms, resulting in UNCT used to develop a road map and action joint submissions to CAT and CEDAW, plan for establishing the first institution the submission of alternative reports to of Roma community mediators. CEDAW by CSOs and consultations with UN Human Rights continued to support CSOs and other relevant stakeholders the Group for Parents of Children with during the drafting process of the State Disabilities. The Group conducted an Party report to CERD. online campaign to mark the tenth anni- versary of the ratification of CRPD, which

398 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

operating procedures (SOPs) for the use prevention of torture and ill-treatment. Mechanisms (M) of the NRTD. The Office will initiate a training of train- M1 – A national mechanism implements ers programme in 2021. and reports on outstanding international human rights commitments in an inte- Accountability (A) grated and participatory manner. A1 – Law enforcement institutions have substantially improved systems and pro- cedures that protect the human rights of OHCHR continued supporting the two women, persons with disabilities, Roma key national human rights mechanisms and other minorities and victims of tor- established in 2018 by facilitating the ture and ill-treatment. mid-term evaluation of the National Human Rights Action Plan (NHRAP) and building capacities for enhanced OHCHR contributed to improving sys- engagement with the international human tems and procedures to protect the human rights mechanisms. rights of persons with disabilities and Following the 2018 approval of the others by providing expert advice to NHRAP and the establishment of the develop human rights-based curricula. Permanent Human Rights Secretariat Building on the work carried out in as the mechanism for coordinating previous years to train staff from res- implementation, UN Human Rights idential institutions for persons with developed a road map on the interlink- disabilities on the prevention of torture ages between the NHRAP, nationalized and ill-treatment, UN Human Rights SDG targets and the recommendations supported the development of a new edu- issued by the international human rights cational curriculum and the design of mechanisms as well as a methodology to training materials to enhance the capac- collect data and assess achieved results ities of staff from the National Social under the NHRAP. This contributed to Assistance Agency (NASA), particularly the successful mid-term evaluation of the those who provide assistance to persons NHRAP and to mainstreaming human with intellectual and psychosocial disa- rights into the Voluntary National Review bilities in residential institutions and (VNR) process. through community services. The new curriculum adopts a human rights-based OHCHR continued building the capac- approach to disability, focuses on the ities of the members of the National elimination of stigma and discrimination Human Rights Council (the NMRF) and and seeks to enhance support for inde- its focal points, including on the NRTD. pendent living and community life. It will The Office’s advocacy efforts led to the be rolled out in 2021 through training of first meeting of the NMRF, in September, trainers activities. with the participation of State institutions, NHRIs and CSOs representing vulner- Finally, OHCHR pursued its work with able groups, during which participants the Carabinieri, a law enforcement agency, were consulted on the mid-term review to support the development of an exten- of the NHRAP. Furthermore, OHCHR sive human rights curriculum, including supported the development of standing a chapter on the use of force and the

UN Human Rights Report 2020 399 UN HUMAN RIGHTS IN THE FIELD

Defending the rights of Roma and older persons in the Transnistria region

In 2020, Dmitry Chechel and Margarita Kirichenco In July, Dmitry realized that there were other persons applied for a 10-month human rights training of train- more vulnerable than him and decided to increase ers programme that was organized in the Transnistria his previous engagement with the CSO, We are Region by UN . Together Volunteers. He became the volunteer coordinator with 26 other HRDs and CSO representatives, they and provided assistance and counselling to older per- were selected to enhance their knowledge, from sons. The support Margarita received encouraged her October, about international human rights standards to become a volunteer as well. She assisted the CSO, and mechanisms, a human rights-based approach, Shatior over Dniester, to deliver 150 food and hygiene monitoring, reporting and advocacy work. Both packages to Roma persons living in different areas of Dmitry and Margarita were inspired to participate the Transnistria region. in the training programme after receiving assistance By the end of 2020, Dmitry recognized that he had during the year. gained considerable knowledge about human rights Dmitry has a severe disability and lives in the and the responsibilities of duty-bearers. He plans to Transnistria region. During the pandemic, the apply this knowledge to promote the rights to health, work and a decent standard of living by becoming already limited access to specialized health care in a professional HRD and trainer. He also began the region became more challenging for persons with working with Glin, a CSO, which advocates for the disabilities, especially individuals like Dmitry who rights of patients. Margarita noted that she acquired require ongoing medical care and access to medicine an increased capacity to assist other Roma persons and rehabilitation services. to address the inequalities they face and enjoy the Margarita is an ethnic Roma woman. She lives in rights to health, education and work without discrim- Tiraspol, in the Transnistria region, with her two ination. In addition to coordinating the education children and her dependent grandmother. She works and health component of the work of Shatior over in a pharmacy and is the family’s sole provider. Dniester, she plans to become a Roma community COVID-19 created various challenges as her chil- mediator in the future. dren had to attend online education without adequate space or equipment.

In response to the pandemic, UN Human Rights established an NGO Task Force on COVID-19 and Human Rights and conducted a needs assessment, in April, of 56 CSOs working to assist members of vulnerable groups. In June, UN Women took steps to identify beneficiaries of humanitarian assis- tance based on the needs assessment conducted by OHCHR. Margarita and Dmitry were among 1,200 persons who received a food and hygiene package. This assistance enabled Dmitry to save money that he used to purchase medicine and medical services.

400 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

RUSSIAN FEDERATION human rights of ethnic minorities, issues linked to new technologies and five lec- 1 1 2 3 Population size Surface area Human Development Index NHRI (if applicable) tures that were organized by the Office 2 145.93 million 17,098,000 km 0.824 (rank: 52/189 in 2019) “A” Status (2014) with the Federal Ombudsperson’s Office. Type of engagement Human rights staff (Other type of field presence) Throughout the year, the Consortium Year established 2008 pursued discussions regarding its objec- Field office(s) Moscow tive to expand the Programme to the southern regions of Russia. The decision UN partnership framework - to expand the Programme has been sup- Staff as of 31 December 2020 5 ported in principle and will be formalized after COVID-19-related restrictions on in-person meetings are eased. XB requirements 2020 US$1,014,000

Key OMP pillars in 2020 Development

1 2 3 Please refer to Data sources and notes on p. 229 D2 – Business actors effectively implement the UNGPs.

PILLAR RESULTS: OHCHR contributed to raising awareness and enhancing capacities on the UNGPs, including by strengthening its partnership Parti­ci­pation (P) with three major representatives of the three new and four updated textbooks, business sector. P6 – Human rights higher education including on business and human rights, programmes expanded and institution- UN Human Rights continued to promote the environment and climate change. It alized in the Russian Federation and the implementation of the UNGPs and further contributed to the organization selected Commonwealth of Independent underline the risks of business-related of professional development courses on States countries. human rights abuses, which increased in human rights and the SDGs for 18 teach- the context of COVID-19, particularly ing staff (ten women, eight men) from with regard to decent work and social eight Master’s Programme Consortium protection. The Office strengthened its OHCHR contributed to improving the universities, with participation from partnership with two major represen- narrative on human rights by raising high-profile lecturers. tatives of business, namely, the Russian awareness about and integrating human In addition, the Office facilitated the Union of Industrialists and Entrepreneurs rights into university curricula across the access of students and teachers to key ref- (RUIE) and the UN Global Compact Russian Federation. erence materials, including through five National Network. Both of these entities UN Human Rights continued to support resource centres in Consortium universi- have a keen interest and role to play in the first Master’s programme in the field ties. The pool of OHCHR communication the improvement of corporate respect for of human rights in the Russian Federation, resources on the impacts of and responses human rights. namely, the Human Rights Master’s to COVID-19 was integrated into an To mark UN75 and Human Rights Day, Programme Consortium, through the online platform used by Russian univer- OHCHR organized a videoconference development of the curricula and the elab- sities. The Office also facilitated access to with the Global Compact National oration of teaching materials. The Office training opportunities, including seven Network and the RUIE on the topic provided expert advice to the authors of webinars and events that focused on the “Respect for human rights as a corporate

UN Human Rights Report 2020 401 UN HUMAN RIGHTS IN THE FIELD

responsibility indicator.” One of the rights treaty bodies and the practices of Non-discrimination (ND) speakers was a member of the Working the Committee on the Elimination of Group on the issue of human rights and Racial Discrimination was delivered by ND1 – NHRIs and CSOs significantly transnational corporations and other Professor Alexey Avtonomov, Vice-Rector strengthen their anti-discrimination business enterprises. The 122 partic- of the Institute of work, with a particular focus on domes- ipants, representing businesses, State and Economy and former Chair of the tic violence, gender equality, disability institutions, civil society and international Committee. Participants gained knowl- and the rights of indigenous peoples, in organizations, enhanced their knowledge edge on a variety of issues, including the compliance with international human about the HRDDP. More specifically, critical role of NHRIs in strengthening rights standards. they noted that country-specific chal- the national human rights protection lenges require better regulation, effective system. enforcement of existing rules and contex- OHCHR also produced and disseminated tual, bottom-up and inclusive initiatives. OHCHR contributed to increasing aware- information among the general public and In 2021, OHCHR will support the Global ness on the compliance of legislation/ essential partners to enhance awareness Compact National Network to carry out policy with international human rights of and knowledge about the international an institutional analysis of business and standards in relation to the rights of human rights mechanisms and their human rights in the Russian Federation, women, indigenous peoples and persons recommendations. The OHCHR field focusing on coherence and the degree of with disabilities. presence maintained the Russian version compliance of national policy/legislation of OHCHR’s main website, with a focus Throughout the year, UN Human Rights with the UNGPs. on COVID-19 issues and the transla- raised awareness about the human rights tion into Russian of OHCHR materials, situation of members of vulnerable including a general guidance note, eight groups. It used social media to dissem- Mechanisms (M) thematic notes, 20 statements and press inate information and reached out to M2 – Awareness of and knowledge about releases issued by the High Commissioner strategic partners to share knowledge, the use of the international human rights and 35 special procedures media prod- including thematic guidance notes, in mechanisms increased among NHRIs and ucts. During the year, approximately 400 Russian, on the impacts of COVID-19. government representatives. new web pages were created that posted The Office created and published five 151 web stories and 126 news updates, stories and contributed to 12 campaigns with more than 500,000 views. By the on racial discrimination, gender, migra- end of the year, the Office had produced OHCHR contributed to enhancing aware- tion, journalists, violence against women, a compilation of Russian language mate- ness and the use of international human youth, indigenous peoples, UN75 and rials from OHCHR and the UN about rights mechanisms, including through building back better in the context of the COVID-19 and human rights, including capacity-building and outreach activities. pandemic. OHCHR also participated in guidance and policy briefs related to an expert seminar on the rights of indig- UN Human Rights continued to build vulnerable groups. It also updated the enous children in the Arctic context, capacities to enhance engagement with Russian language compilation of UN organized by the Association of Ethno- the international human rights mecha- documentation on women’s rights and Cultural Centres and Organizations for nisms. In cooperation with the Federal gender issues, which was distributed to the Preservation of Cultural Heritage Ombudsperson’s Office and the Centre national partners. (Republic of Karelia). for Human Rights Education, OHCHR organized an in-person and online work- To celebrate International Women’s Day shop on international human rights and the International Day of Persons mechanisms, which was attended by with Disabilities, the Office joined forces human rights commissioners from all with essential partners and organized 30 regions of Russia. A keynote speech round-tables to discuss challenges and on discrimination, the role of the human solutions on selected topics. Participants

402 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

included representatives from the UN, SERBIA the Council of Europe, CSOs, HRDs and academia, State Duma deputies and staff Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 from the Federal Ombudsperson’s Office, 8.74 million 88,000 km² 0.806 (rank: 64/189 in 2019) “A” Status (2015) journalists and medical doctors. On the Type of engagement Human Rights Adviser occasion of International Women’s Day, Year established 1996 the Moscow city Ombudsperson, the Forum of Moscow Women and OHCHR Field office(s) Belgrade organized an event on “The rights of United Nations Development Partnership UN partnership framework women in a modern megapolis,” high- Framework 2016-2020 lighting gender equality at work and in Staff as of 31 December 2020 4 society, social protection, family life and violence against women. Furthermore, an expanded United Nations Gender Theme XB requirements 2020 US$765,000 Group meeting was devoted to the 16 Days of Activism against Gender-Based Key OMP pillars in 2020 Violence campaign. Participants in both events stressed the need to address violence 1 2 3 Please refer to Data sources and notes on p. 229 against women in the context of COVID- 19. On the occasion of the International Day of Persons with Disabilities, OHCHR PILLAR RESULTS: and UNIC dedicated a round-table on inclusive approaches to COVID- 19 responses. Participants noted the Non-discrimination (ND) human rights in COVID-19 responses. importance of long-term actions aimed The HRA also maintained strong part- at including persons with disabilities in ND1 – The Government adopts or nerships with the Prime Minister’s social and economic policies. reforms five policies, laws or practices Team for Social Inclusion and the newly that prevent or sanction discrimination appointed Ministry for Human Rights. in a manner that ensures they comply with Civil society partners consistently relayed human rights standards. In doing so, it UN guidance, resulting in the improved pays particular attention to the rights of compliance of measures adopted by the women, persons with disabilities, LGBTI Government with international human persons, Roma, migrants and refugees. rights standards. Furthermore, an inter- active and real-time mapping of needs

and risks in substandard Roma settle- ments informed the delivery of immediate OHCHR contributed to improving the emergency support to inhabitants in the level of compliance of policies and legis- context of COVID-19. lation with international human rights standards by providing expert legal advice The new National Strategy for the to key partners. Improvement of the Position of Persons with Disabilities was adopted after a pol- Throughout the year, UN Human Rights icy gap of five years. OHCHR facilitated delivered technical guidance to a variety of the consultative process, which led to partners, including public authorities, the the development of a text that is largely NHRI, CSOs, criminal sanctions services compliant with CRPD standards, and and the RCO/UNCT on the inclusion of supported public discussions around the

UN Human Rights Report 2020 403 UN HUMAN RIGHTS IN THE FIELD

Strategy’s Action Plan. In addition, the 40 thematic reports, statements or com- Parti­ci­pation (P) Office advocated for the inclusion in the munications that were submitted by CSOs Strategy and Action Plan of a proposal P6 – Organizations of persons with to the Government, the courts or the on the creation of an independent moni- disabilities, organizations of national international human rights mechanisms. toring mechanism for the implementation minorities and other human rights CSOs Advocacy efforts undertaken by CSOs of CRPD. To this end, it provided expert are more visible, are consistently included helped to raise awareness on the impacts guidance to the NHRI in taking the first in relevant policy and decision-making of emergency measures on human rights. steps towards the formal establishment of and engage more frequently with UN Furthermore, the Office continued to sup- such a national mechanism, in line with mechanisms and the 2030 Agenda for port the empowerment of youth leaders article 33 of CRPD. This was further dis- Sustainable Development. as human rights advocates, resulting in cussed on the occasion of the International their enhanced participation in reporting Day of Persons with Disabilities, jointly and monitoring activities as well as com- organized by the NHRI and OHCHR. OHCHR enhanced the level of meaningful munication initiatives in the context of Moreover, a final draft of the new Anti- participation of rights-holders, especially the pandemic. Discrimination Strategy was produced youth, in selected public processes. The new Government’s establishment of in June. UN Human Rights provided continuous a designated Ministry for Human Rights Partnerships to advance advocacy efforts support to the Platform of Organizations opened avenues for vulnerable groups to have around youth rights were strengthened for Cooperation with UN Human Rights an impact on policies and support reform in and resulted in the preparation of the Mechanisms, which includes 20 leading a number of areas, such as equal access to Report on Youth Rights in Serbia. The diversified CSOs that work together on rights for LGBTI persons and persons with report was written by young people, regular reporting, monitoring and fol- disabilities. The Office and civil society through a participatory process, and it low-up. Together with the OSCE Mission partners enhanced the advocacy capacities was published in March 2021. OHCHR to Serbia, the Office offered expert guid- of a group of self-advocates with intellec- also supported an eight-month online ance on engagement with international tual disabilities about human rights and campaign on COVID-19 and youth, human rights mechanisms, public author- CRPD. As a result, the group organized resulting in more than 9,000,000 hits on ities and other stakeholders. In 2020, the the first public event on this issue and held social media from March to December. Platform was well represented in different meetings with the Minister for Human The campaign attempted to better under- discussion and decision-making forums Rights and the Equality Commissioner. stand the effects of the pandemic on youth that were convened by the NMRF. and communicated risks in youth-friendly language, including through testimonies The HRA also provided guidance to CSOs that were presented by young people of to ensure their increased participation in different backgrounds. the processes for the nationalization and implementation of the 2030 Agenda. This included co-hosting training sessions on human rights and the 2030 Agenda with the German Corporation for International Cooperation (GIZ) and co-organizing a global webinar on SDGs and LGBTI rights with the Rainbow Academy. As civic space continued to shrink, support from UN entities was of critical importance for the monitoring of human rights by CSOs, including in the context of COVID-19. In particular, support from UN Human Rights resulted in the preparation of over

404 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

Mechanisms (M) Accountability (A) M1 – The NMRF verifies that recommen- A1 – The judiciary more often and more dations issued by the international human comprehensively references international rights mechanisms are implemented. It human rights law in domestic decisions. uses human rights indicators.

OHCHR promoted the increased use OHCHR contributed to the enhanced of international human rights law and functioning of the mechanisms for jurisprudence in court proceedings and integrated reporting and/or the implemen- decisions by providing technical assis- tation of recommendations issued by the tance to the State Judicial Academy. international human rights mechanisms. UN Human Rights continued supporting The newly created Ministry for Human the State Judicial Academy in its efforts Rights and Social Dialogue took over to increase the understanding of binding the functions of the NMRF Secretariat. international human rights norms and This institutional change, coupled their application in domestic proceed- with COVID-19, generated delays. ings. The Office redesigned and updated Nevertheless, Serbia finalized its first the online database, created in 2018, on UPR mid-term report, in December, the Judicial Academy’s web portal to sup- with support from UN Human Rights. port the direct application of international Representatives of all government sectors, human rights law in judicial proceedings. the NHRI and the judiciary participated To this end, it improved cross-referencing in the drafting process of the report. Civil between the norms of the international society actors participated as observers. A human rights treaties and their interpreta- joint UN mid-term report was prepared tion by their respective monitoring bodies, and a mid-term report was submitted relevant case law of the European Court by the Platform of Organizations for of Human Rights and domestic legislation Cooperation with UN Human Rights and court rulings. Mechanisms. In addition, the Office pro- vided technical assistance to expand the Finally, with support from the use of human rights indicators, in line with Judicial Academy and OHCHR, the recommendations issued by the human Constitutional Court and the Supreme rights treaty bodies. The NMRF produced Court of Cassation continued to develop a draft Action Plan for the implementation case law markers to monitor references of UPR recommendations. to and the application of international human rights treaty law. Progress was slower than foreseen due to COVID-19 and the related state of emergency.

UN Human Rights Report 2020 405 UN HUMAN RIGHTS IN THE FIELD

protection opportunities created by the SOUTH CAUCASUS law. More specifically, OHCHR provided Human Rights Adviser (based in Georgia); Type of engagement assistance to the Georgian Bar Association Human rights staff (based in UNCT Azerbaijan) and the State Legal Aid Service, including Countries of engagement Armenia, Azerbaijan and Georgia through the design of a training curricu- lum for lawyers. In addition, the Office Year established 2007 cooperated with a group of legal experts Field office(s) Baku (Azerbaijan) and Tbilisi (Georgia) to assess if the Government’s COVID-19 United Nations Development Assistance restrictions took into account the needs of Framework 2016-2020 (Armenia); UN- persons with disabilities. It subsequently UN partnership framework Azerbaijan Partnership Framework 2016-2020; issued a set of recommendations for the United Nations Partnership for Sustainable Government in 2021. Finally, OHCHR Development 2016-2020 (Georgia) supported the Ministry of Education and Staff as of 31 December 2020 8 Science and three colleges to organize online courses on employment during the pandemic. A total of 20 persons with disa- XB requirements 2020 US$1,110,000 bilities participated in the courses. In Azerbaijan, UN Human Rights con- Key OMP pillars in 2020 tinued to provide free legal assistance to members of vulnerable groups, with support from the European Union. In order to offer this service and to assist people affected by COVID-19 and the PILLAR RESULTS: Nagorno-Karabakh conflict, the Office cooperated with the Ombudsperson and the Bar Association to reinforce its work Parti­ci­pation (P) provided assistance and guidance during in Baku and deploy lawyers to other the drafting process. The HRA conducted regions (Barda, Imishli, Gabala, Masalli P4 – In at least one country, persons a preliminary study on the extent to which and Sheki). As a result, 982 individuals with disabilities make increasing use of Georgian legislation protects the rights (486 women, 496 men), including unem- national protection systems. of persons with disabilities, assessed its ployed persons, persons with disabilities, compatibility with CRPD and developed older persons, pensioners and internally

recommendations for the Government and displaced persons (IDPs) received legal OHCHR helped to increase the use of the Parliament. This contributed to the assistance during the year. The services national protection systems in Azerbaijan adoption of legislation, on 14 July, that is demonstrated a clear linkage between that are compliant with international largely in line with international standards political rights (access to justice) and human rights standards, including by pro- and increases protection for persons with protection of social and economic rights, viding free legal advice, and supported disabilities. Following the adoption of the with a focus on family law, social security, the adoption of compliant legislation on law, OHCHR advocated for the ratifica- labour and property rights and the rights persons with disabilities in Georgia. tion of the OP-CRPD. It also met with the to health and education. Since 2018, a Human Rights Secretariat in the Prime total of 1,777 persons have been assisted One of the highlights of the year was the Minister’s Office to discuss the preparation through these services, many of who are adoption, in Georgia, of the Law on the of a draft regulation to establish a coordi- based outside of the capital. This assis- Rights of Persons with Disabilities. UN nation mechanism, as envisaged by article tance has encouraged the development Human Rights increased its advocacy 33 of CRPD, with a strong role for CSOs. of a pro bono culture among private legal efforts at the beginning of the year and The legal community increasingly used professionals, supported the elaboration of

406 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

a civil legal aid system in the country and supported the initial stages of its creation. In addition, UN Human Rights, IOM and contributed to prevention efforts. As the load of cases under investigation UNHCR co-organized training sessions increased in 2020, the Office provided to build the capacities of 12 staff mem- OHCHR continued supporting the capacity-building assistance and expert bers of the Human Rights Department of legal aid resource centre through advice aimed at strengthening its inde- the Ministry of Internal Affairs to inves- capacity-building and outreach activities pendence, including through legislative tigate hate-motivated crimes. Pursuing designed for CSOs, journalists, lawyers amendments and ensuring the separation its long-standing cooperation with the and representatives of the UN system between investigative and prosecution Georgian Bar Association, the Office and the diplomatic community. Topics functions. A total of 15 investigators delivered two online training sessions included the right to freedom of expres- (three women, 12 men) participated in to 48 lawyers (28 women, 20 men) on sion during the parliamentary elections, training on topics such as the right to human rights in the context of emergency women’s rights and gender equality. life, the obligations of State authorities, measures and two in-person trainings the effectiveness of investigations and the on international human rights standards right to privacy in the context of secret for 43 members of the Georgian Bar Accountability (A) surveillance and communication tapping. Association from Western Georgia. A1 – The National Human Rights Action Furthermore, the HRA raised awareness Plan in Georgia continues to comply within the international community about with international human rights stan- the work of the institution, supported its A5 – The UN assistance efforts in the dards and is periodically updated to strategic planning and provided guidance justice sector of the South Caucasus reflect recommendations issued by the on personal data protection. substantially integrate international international and regional human rights OHCHR assisted the Human Rights norms and standards and the processes mechanisms. The High School of Justice, Secretariat in the Prime Minister’s Office for discussing these issues are further the police academy and the Legal Affairs with the elaboration of the National institutionalized by the UN and the gov- Committee in Parliament, as well as the Human Rights Strategy and Action ernments of the region. Bar Association and its Training Centre in Plan and the National Strategy for the Georgia, deepen their knowledge of inter- Integration of National Minorities. In national human rights standards. particular, it ensured their compliance OHCHR contributed to mainstreaming with international human rights standards human rights standards into UN common

and the recommendations issued by the country programmes and COVID-19 OHCHR contributed to the increased international human rights mechanisms. response measures in the region. compliance of several key national institu- In June, the Office and the Human Rights UN Human Rights facilitated the main- tions in Georgia with international human Secretariat co-organized a high-level streaming of human rights into CCAs rights standards, including the Human inter-agency Human Rights Council that and UNSCDFs in all three countries by Rights Secretariat and the Office of the was chaired by the Prime Minister. The meeting provided an opportunity to dis- organizing a series of workshops and State Inspector. cuss the inclusion of human rights in the conferences. In October, the Cooperation UN Human Rights continued to engage country’s response to COVID-19 and for Framework was finalized and signed in with the newly created Office of the State the NHRI and CSOs to identify human Georgia. The HRA also supported the Inspector, which is mandated to conduct rights concerns that were observed during UNCT’s efforts to assist the Government investigations of human rights violations the pandemic. A first draft of the National of Georgia in developing its response allegedly committed by law enforcement Human Rights Strategy was written over to COVID-19, including by providing officials. In recent years, the Office and the summer. In the Fall, the HRA orga- expert advice and recommendations on CSOs strongly advocated for the estab- nized an online meeting with the Human legal aspects of emergency measures and lishment of this institution as a measure of Rights Secretariat and key stakeholders their impacts on social and economic prevention and to build public confidence to discuss comments and the finalization rights and the rights of ethnic and reli- in the Government. In 2019, OHCHR of the process. gious minorities.

UN Human Rights Report 2020 407 UN HUMAN RIGHTS IN THE FIELD

In Azerbaijan, OHCHR increased the Ambassadors from 21 countries and rep- In Azerbaijan, UN Human Rights pro- knowledge of national stakeholders resentatives from the European Union, vided assistance with the development of about the impacts on human rights of the Council of Europe and the European a human rights curriculum for a Master’s COVID-19 and responses, particularly Union Monitoring Mission endorsed the degree at Baku State University. The Office for vulnerable groups. The Office con- UNCT statement’s call for equality of created a working group with university ducted 14 online briefings and translated LGBTI persons. Furthermore, OHCHR representatives and legal practitioners to and distributed nine targeted guidance and the Supreme Court co-organized a assess gaps in existing programmes and notes and statements that were produced training session for judges on minority propose a new curriculum based on inter- by OHCHR, the human rights treaty bod- rights and combating discrimination on national good practices for human rights ies and the special procedures. Specific the grounds of religion and sexual orien- education. training activities were also organized tation and delivered a training of trainers with the Ombudsperson’s Office and to three judges of the Appellate Court on its four regional centres on the role of these topics. NHRIs in integrating human rights into Throughout the year, OHCHR assisted preparedness and response efforts. A total the State Ministry of Reconciliation and of 104 participants attended the training. Civic Equality to develop a Strategy on OHCHR also contributed to UNDP Civic Equality and Integration (2021- and UNICEF initiatives to assess the 2025), which will guide the Government’s socio-economic impacts of the pandemic, efforts to ensure equality for all of its cit- including through the use of thematic izens before the law and in practice. The human rights indicators and by ensur- HRA organized a summer school on busi- ing the inclusion of vulnerable groups in ness and human rights for 20 university the assessments. students (18 women, two men) on topics such as combating discrimination in the private sector. Non-discrimination (ND) In addition, OHCHR continued advocat- ND7 – Officials, journalists, lawyers, ing for better protection of the rights of university and high school students religious minorities. The Office monitored increasingly advocate for and work to the case of three high school graduates create inclusive and diverse societies. who were scheduled by the Ministry of Education to take the National

Graduation Exams on a day that their OHCHR contributed to increasing the religion prohibits work. OHCHR carried level of engagement of judges, government out targeted advocacy with State author- officials and students in combating dis- ities and engaged with defence lawyers, crimination on the basis of religion and who filed an urgent case in the local court. sexual orientation. In a groundbreaking decision, the court compelled the Ministry of Education to UN Human Rights continued its advo- administer the test to the students on cacy efforts inGeorgia to combat an alternative date. This represents one discrimination on the grounds of sex- of the first cases in which a Georgian ual orientation. The Office and other court handed down a decision in favour partners drafted a statement on behalf of religious minorities on the grounds of of the international community to com- freedom of religion or belief. memorate the International Day against Homophobia, Transphobia and Biphobia.

408 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

Code article 375, which infringed on the UKRAINE independence of judges. The Cassation 1 1 2 3 Population size Surface area Human Development Index NHRI (if applicable) Criminal Court of the Supreme Court 43.73 million 604,000 km² 0.779 (rank: 74/189 in 2019) “A” Status (2014) modified its practices to help ascertain Human Rights Monitoring Mission in Ukraine that plea bargains are voluntary. The Type of engagement (HRMMU) Office of the Prosecutor General made Year established 2014 a commitment to tackle unlawful war- rantless arrests in relation to “continuous Kyiv; field offices in Donetsk, Kharkiv, Kramatorsk, Field office(s) crimes” and to cease charging individuals Luhansk, Mariupol and Odesa with terrorism who are linked with armed United Nations Partnership Framework UN partnership framework groups of the self-proclaimed republics 2018-2022 in eastern Ukraine. At the same time, Staff as of 31 December 2020 53 a draft law was developed to amend the in absentia prosecution procedure, which is expected to facilitate the pros- XB income US$6,806,005 ecution of those responsible for serious XB requirements 2020 US$6,379,000 international human rights law and inter- national humanitarian law violations. XB expenditure US$4,720,956 Furthermore, the State judicial admin- istration annulled requirements linked Key OMP pillars in 2020 to digital signatures, improving access 1 2 3 Please refer to Data sources and notes on p. 229 to online court hearings in the context of COVID-19. The European Court of Human Rights referred to the HRMMU’s PILLAR RESULTS: findings in its emblematic judgment on the right to liberty pending trial, which is expected to change national practices on Accountability (A) knowledge and awareness about obsta- arrest and pretrial detention. cles to the impartial administration of A1 – State institutions hold to account In 2020, OHCHR published a report on justice, it issued two briefing notes that a higher proportion of those who are Human Rights in the Administration highlighted the lack of progress in the responsible for grave violations of interna- of Justice in Conflict-Related Criminal investigations and prosecutions, with tional human rights law or international Cases in Ukraine, which examines human infographics and targeted recommenda- humanitarian law. rights violations in criminal proceedings tions provided to the Government and the and processes related to the armed con- international community. The HRMMU 17 flicts in eastern Ukraine and Crimea. also advocated for accountability in a The report is based on information gath- OHCHR contributed to increasing the high-profile case of police violence which ered from 2014 to 2020 and provides compliance of State institutions and pro- included torture, ill-treatment and rape. comprehensive recommendations for grammes with international human rights Persistent and coordinated advocacy the Government, including on the right standards, including in relation to the efforts undertaken by the HRMMU to a fair trial. It was launched during an administration of justice. resulted in progress made in enhancing online event with over 80 representatives UN Human Rights continued advocating accountability for serious human rights for the investigation of the 2014 killings and international humanitarian law vio- 17 All references to Crimea should be understood in and violent deaths at the Maidan protests lations. For instance, the Constitutional compliance with United Nations General Assembly and in Odesa. To increase evidence-based Court of Ukraine repealed Criminal resolution 75/192.

UN Human Rights Report 2020 409 UN HUMAN RIGHTS IN THE FIELD

of civil society and the international com- decrease in civilian casualties in 2020, and consistent advocacy helped raise the munity, which was live streamed on the compared to 2019. While an increase in awareness of authorities about groups HRMMU’s Facebook page to reach a civilian casualties was noted at an ear- and individuals particularly in need and broader audience. More than 50 media lier stage of the COVID-19 pandemic, in in danger of being left behind. articles made reference to the report. March, high-profile public engagement Ongoing fact-based advocacy and com- efforts undertaken by the HRMMU, In the context of the 2020 local elections, mon messaging with the UN and other in early May, are believed to have con- the HRMMU increased its efforts to raise partners resulted in the coming into force tributed to subsequent decreases. At the awareness among its partners of issues of Cabinet of Ministers resolution 1157 in end of the year, the Cabinet of Ministers of concern and the potential for violence. February. This simplifies the freedom of approved the National Strategy for the Despite tensions between supporters of movement of children under the age of 16 Protection of Civilians in Armed Conflicts different political parties, the combination between Crimea and mainland Ukraine until 2030, which the HRMMU had been of early warnings, preventive advocacy if they are accompanied by at least one advocating for since 2018. The Strategy and coordinated actions of other stake- parent and removes the requirement for has been submitted to the President’s holders resulted in overall peaceful a notarized approval from the second Office for final endorsement. elections. The actions of law enforce- parent. It also allows children residing ment agencies present were assessed by The HRMMU contributed to improving in Crimea, from 14 to 16 years of age, to the HRMMU as adequate and sufficient the understanding of State and non-State travel alone between both areas if they are for providing security. actors about violations of international students in mainland Ukraine. Similarly, human rights law and international the National Bank of Ukraine amended humanitarian law. It issued two periodic a resolution to end the discriminatory Peace and Security public reports and an update, which main- exclusion of Crimean residents from streamed women’s rights and detailed the full spectrum of banking services. PS3 – State authorities and non-State recommendations for addressing human Finally, the HRMMU and the Resident actors promote and protect the human rights and international humanitarian law Coordinator (RC) stepped up their early rights of populations living in territories challenges, including in conflict-affected warning advocacy on hate speech and affected by conflict. eastern Ukraine and Crimea. Using data incitement to violence against Roma, thus gathered through its monitoring activities, contributing, on two occasions, to the pre- the HRMMU drafted the Secretary- vention of an escalation of tensions and OHCHR contributed to increasing the General’s interim and final reports on attacks against Roma. level of compliance of legislation/policy the human rights situation in Crimea. with international human rights stan- The reports were prepared pursuant to dards on the protection of civilians in General Assembly resolution 74/168 and PS3 – State authorities adopt and imple- armed conflict. included data and analysis on the unlaw- ment laws and programmes that prevent ful military conscription of men into the UN Human Rights is the only entity (at sexual violence from occurring in the con- Russian armed forces. A briefing note on the national and international level) that text of conflict, violence and insecurity. documented violations in social housing has maintained a comprehensive record They investigate and prosecute cases of in Crimea was also released. of conflict-related civilian casualties in sexual violence. Ukraine, which is disaggregated by sex, Similarly, the HRMMU contributed to since the conflict began in April 2014. The raising awareness on the human rights HRMMU’s advocacy, including its public impacts of the COVID-19 pandemic OHCHR helped to strengthen oversight, reports, ad hoc and monthly updates, by releasing three briefing notes and a accountability and protection mecha- briefings, statements and protection by dedicated thematic report on people in nisms to ensure their compliance with presence activities, had a deterrent effect vulnerable situations, such as homeless international human rights standards and influenced the behaviour of parties to persons, older persons, Roma and per- by providing expert legal advice on the conflict, contributing to an 11 per cent sons with disabilities. Public reporting conflict-related sexual violence (CRSV).

410 UN Human Rights Report 2020 UN HUMAN RIGHTS IN THE FIELD

UN Human Rights continued leading PS3 – The UN’s early warning systems and the conflict zone in light of the closure efforts to prevent and address CRSV strategies in Ukraine integrate and update of the contact line from late March until and achieved significant progress in human rights information and analysis. mid-June. Approximately 60 per cent of terms of policy and law development, the persons who regularly crossed the con- including by strengthening investiga- tact line before the lockdown were women tion processes. In cooperation with UN OHCHR supported the application who were significantly affected by restric- Women, UN Human Rights developed of human rights-based approaches to tive measures. The HRMMU ensured that a set of recommendations for State offi- UN responses to COVID-19, the 2021 specific challenges linked to the protec- cials to ensure that initiatives to prevent, Humanitarian Response Plan and other tion of civilians and human rights were respond to and combat CRSV are in line key UN documents and programmes. integrated into the 2021 Humanitarian with international criminal law and inter- Response Plan for Ukraine and the HCT national humanitarian law. This resulted UN Human Rights continued support- protection strategy. in the drafting of Law No. 2689, which ing the integration of human rights into In parallel, the HRMMU engaged with provides for the implementation of pro- the work of the UNCT. It coordinated visions of international criminal law and the activities of the UNCT Human the international human rights mecha- international humanitarian law regard- Rights Working Group, including joint nisms and submitted joint UNCT reports ing criminal prosecution for international submissions to the international human to CESCR, CEDAW and CRC. A joint crimes, including sexual violence. The rights mechanisms, the elaboration of the UNCT report was also submitted to a HRMMU provided technical comments national human rights strategy, its action group of 12 special procedures as a con- on the Ministry of Social Policy’s draft plan and a methodology to assess their tribution to their thematic reports to the national action plan for implement- implementation, and the elaboration of General Assembly and Human Rights ing Security Council resolution 1325 recommendations to the Parliament Council on the impacts of COVID-19 on on women, peace and security. It also regarding a draft law on minorities. the enjoyment of . contributed to the development by UN Moreover, the HRMMU regularly Finally, the HRMMU contributed to the Women of an early warning indicators updated the Working Group about human UN social cohesion campaign to raise matrix that will help the Government rights issues and efforts, activities relating awareness on issues linked to the enjoy- promote comprehensive approaches to to the international human rights mech- ment of social and economic rights by preventing and responding to CRSV. anisms and other matters of common residents of the self-proclaimed repub- interest, thereby contributing to ensuring In the context of COVID-19, the lics in eastern Ukraine. The HRMMU a UN “Delivering as One” approach. HRMMU prepared a joint UNCT sub- updated a set of briefing notes that were mission to the Special Rapporteur on The HRMMU provided inputs to the submitted to the Government and the violence against women, its causes and UNCT’s assessment of the socio-economic Parliament on various topics, including: consequences, which contributed to rais- impacts of COVID-19 in Ukraine by ana- the payment of pensions to IDPs and ing the awareness of all stakeholders on lysing the human rights impacts of the persons residing in territory that is con- the increase of domestic violence against pandemic, with a focus on vulnerable trolled by armed groups; the freedom women during the pandemic. Together groups, and ensured that human rights of movement across the contact line in with UN Women, the HRMMU orga- were mainstreamed into the UN response eastern Ukraine; the birth registration of nized a training session for women human plan. The HRMMU also supported the children born in armed group controlled rights defenders (WHRDs), which pro- integration of human rights concerns, territory; and the inclusion of IDPs. In vided an opportunity to gather views from as identified during its monitoring addition, the Human Rights Working across the country on specific challenges work, into the joint work of the UNCT/ Group Task Force on hate speech, led by faced by WHRDs in their work. Humanitarian Country Team (HCT) the HRMMU, drafted a common action on the protection of civilians in armed plan addressing hate speech, which was conflict. In particular, the HRMMU later endorsed by the UNCT in May. Since highlighted issues linked to COVID-19 then, the HRMMU has monitored and restrictions on freedom of movement in compiled hate speech incidents recorded

UN Human Rights Report 2020 411 UN HUMAN RIGHTS IN THE FIELD

by UNCT partners on a quarterly basis the NHRAP is expected to be finalized for the Resident Coordinator. in 2021. Several recommendations put forward by the HRMMU and the UNCT were incorporated into the latest version Mechanisms (M) of the NHRAP. M1 – The Government of Ukraine imple- ments recommendations issued by the international human rights mechanisms that affirm international human rights principles, standards and good practices.

OHCHR supported the final drafting of the National Human Rights Strategy and its Action Plan (NHRAP) as a national mechanism for integrated reporting and the implementation of outstanding rec- ommendations issued by the international human rights mechanisms. The Office also contributed to the monitoring and evaluation methodology on the implemen- tation of the strategy and action plan. By providing technical advice and sup- porting the drafting process of the new NHRAP, UN Human Rights contrib- uted to shaping the Government’s human rights policy, thereby ensuring its compli- ance with recommendations issued by the international human rights mechanisms. The HRMMU established a dedicated task force and coordinated inputs from UN entities, consequently increasing the credibility and impact of the UNCT in relation to the Government. The UNCT proposed a series of amendments, including on issues linked to remedies and reparations to civilian victims of the conflict, the right to a fair trial and accountability, gender mainstreaming at the national and local levels and ensuring non-discrimination, with special attention paid to members of vulnerable groups, such as LGBTI persons, Roma and per- sons with disabilities, and the promotion of social cohesion. After several revisions,

412 UN Human Rights Report 2020