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Human Rights in the context of the UN Reform and The HR Protection Systems Session 1 Expected Results Participants have a common understanding about.

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1 Human Rights in the context of the UN Reform and The HR Protection Systems Session 1
Expected Results Participants have a common understanding about the centrality of human rights to the work of the UN and to the UN reform process, and UN system and agency commitments to integrate human rights in the work of the UN Participants can explain the linkages between human rights, development, peace and security, humanitarian action, gender equality, conflict and the MDGs Participants can describe the key international, regional, and national HR protection systems and how they can be applied to country analysis and the UNDAF

2 Session objectives To provide information about the key milestones and influence of the human rights agenda in UN reform To explain the relevance of human rights protection systems and the value they bring to country analysis and the UNDAF To introduce the distinction between human rights and human rights-based approach

3 Human rights in the UN ...To achieve international cooperation…in promoting and encouraging respect for human rights and for fundamental freedoms… --UN Charter, art. 1 [Animation!] Click to show the UN logo and pause and ask: “When was the responsibility to integrate human rights into the work of the agencies and programmes of the system introduced?” (you will get all kinds of responses – 1997 SG Reform, 1993 Vienna Conference, 2000 Millennium Summit, 1948 UDHR, 1919 ILO Constitution etc etc). Answer: It was, and remains a principal purpose of the entire UN family of organizations.

4 Milestones of HR Mainstreaming in UN
1997-ongoing UN Reform 2000 Millennium Declaration 2002 Action 2 2005 “In Larger Freedom” World Summit MDGs Review Outcome Summit The progress in mainstreaming HR in the UN system owes muchto the consistent emphasis and efforts by all agencies and staff within the UN system, both on policy and operational fronts, to position human rights in our work as a key pillar of our common mandate under the Charter. UN reform since 1997: In a series of UN reform initiatives since 1997, human rights have been steadily integrated in the work of the UN system – from being a cross-cutting theme to strengthening system-wide coordination and country-level actions to support a stronger national human rights protection system. 2000 Millennium Declaration: At the Millennium Summit in 2000, Heads of States made significant commitment on a comprehensive set of agenda on development, human rights, rule of law and gender equality. 2005 World Summit Outcome: The 2005 World Summit further reaffirmed that human rights, development and peace & security are three interlinked pillars of our Organization, and gave explicit support for the further integration of human rights within the UN system. 2010 MDGs Review Summit: At MDG Review Summit, there was even more unprecedented commitment to human rights. The Outcome Document recognized that human rights are essential for achieving the MDGs and the human rights principles of equality, non-discrimination, participation and accountability permeate in the Action Agenda. 4

5 Development Human Rights 1997/2010 Peace & Security
UN Charter UDHR Cold War Development Human Rights Peace & Security humanitarian action HIDDEN SLIDE The linkages between peace and security, development and human rights are not new; indeed they lay at the heart of the United Nations. Article 1 of the UN Charter describes the purposes and principles of the organisation as follows: The Purposes of the United Nations are: To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace: To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without discrimination as to race, sex, language or religion; and To be a centre for harmonising the actions of nations in the attainment of these common ends. [Note: Some of the underlying concepts can be traced back even before the UN Charter – to the ILO Constitution of 1919, the only member of the UN family that was part of the League of Nations. The first sentence of the preamble states: “Universal and lasting peace can be established only if it is based upon social justice”. The 1944 Declaration of Philadelphia, which became part of the ILO Constitution, states that “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunities ... [and] the attainment of the conditions in which this shall be possible must constitute the central aim of national and international policy.”] The World Conference on Human Rights (1993): the reaffirmation human rights as a priority objective of the UN; the attention to human rights as a legitimate concern of the international community, the acknowledgement that all human rights are universal, indivisible and interdependent and interrelated, and that “while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognised human rights”. Another critical outcome of Vienna was of course the decision to call upon the General Assembly to consider the establishment of a “High Commissioner for Human Rights”. In 1997 the SG presented his plans for the UN Reform in his report to the GA (Renewing the UN : A Programme for Reform). The report reaffirmed that HRs are vital to all the goals set out in the UN Charter and that at heart of the UN reform and called to mainstream HRs in all the activities of the UN. In 2000 Millennium Summit/ Millennium Declaration In 2002 SG: Human rights are the bedrock requirement for the realization of development and a principal objective of the Organization. UN should strive to put in place and strengthen human rights national promotion and protection systems. In 2005 the SG stresses that development, peace and security and human rights go hand in hand and argues that HRs must be incorporated in to decision making and discussions throughout the work of the Organization. In 2005 World Summit Outcome Support the further mainstreaming of human rights throughout the UN System 2006:HLPR on System-wide Coherence “All UN Agencies and Programs must further support the development of policies, directives and guidelines to integrate human rights in all aspects of the UN’s work.Resident Coordinators and UNCT’s should be held accountable and be better equipped to support countries in their efforts to protect and promote human rights. Despite this forward-looking vision of the UN operating in a harmonised way, historical realities trumped this vision by creating a maze in which political preferences led the way of creating parallel policy and program tracks that seldom met. Only in the 1990s were things coming together again. UN Global Conferences (Copenhagen, Vienna, Beijing, Cairo etc.) started to emphasize linkages between human development and human rights; and stressed in particular that women’s human rights are (central to) human rights. Following these important Global Conferences, it was UN Secretary-General Kofi Annan, who took the developments to a next level when he announced his UN Reform Agenda in 1997. Copenhagen Cairo UN Reform Agenda Vienna Beijing 1997/2010 5

6 ‘In Larger Freedom’ Humanity will not enjoy ...
security without development development without security either security or development without respect for human rights HIDDEN SLIDE OPTIONAL SLIDE, if one is to use all of the hidden slides on ‘linkages’ If the UN is to truly respond to people’s needs and aspirations in a coherent way, the ‘Three Pillars’ of the UN must come together. The next couple of slides will show the substantive linkages between HR and development and peace & security pillars, as well as gender. 6

7 The linkage between … Human development … and Human rights
Process of enhancing people’s capabilities Expand choices and opportunities Lead a life of respect and value Claims to be protected from abuses and deprivations Secure the freedom for a life and dignity Requires capacity that development makes possible Human Rights and human development share a common vision and a common purpose- to secure the freedom, well-being and dignity of all people everywhere. When human development and human rights advance together, they reinforce one another- expanding people’s capabilities and protecting their rights and fundamental freedoms. In essence, the above is what is meant with a human rights-based approach to development! 7

8 MDGs and human rights Programming complementarities Similarities
Common objectives Tools for accountability Progressive realization Similar guiding principles Gender equality is integral Align each MDG with HR HR standards add quality to MDGs’ numerical targets HR adds quality to MDG process HR helps reduce disparities HIDDEN SLIDE At the MDG Review Summit in 2010, the world leaders made an unprecedented recognition that human rights are “essential in accelerating progress towards achieving the MDGs.” Importantly, the Outcome Document brought closer alignment of MDG targets with human rights standards, and the “Action Agenda towards 2015” incorporated key human rights principles such as equality, non-discrimination, participation and accountability. MDGs and human rights share common objectives and complement each other, while each having distinctive qualities.  In operationalizing support to national partners through the CCA/UNDAF process, UNCTs need to integrate these two sources of policy guidance in the context of programming: - The MDGs are an operational framework for enhancing support to achieve globally agreed development goals As underlined in the Millennium Declaration, the realization of human rights is integral to achieving these development goals. - Within each of the MDGs, it is important to identify the human rights that need to be realized, and the steps that need to be taken to realize those rights in national context. For example, it is important under MDG 3 to consider the guidance available from CEDAW, as well as the ILO Committee of Experts particularly regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), which has been ratified by 169 member States. There are specific measures States are already obligated by CEDAW and the ILO supervisory bodies to take to advance gender equality in their countries that should be central reference points when identifying the steps could be taken to achieve MDG 3. (Could add other examples regarding other goals too…). ILO Conventions and the comments of the ILO Committee of Experts are also particularly important in the context of MD1, as Indicator 1.B is the achievement of full and productive employment and decent work for all, including women and young people. Millennium Development Goal to promote gender equality- Achievement of the MDG 3 on gender equality is essential for the achievement of all other Goals, as with all MDGs are interrelated with human rights to be realized. Thus, a gender analysis is an integral part of all planning and programmes designed to achieve each of the Goals. Analysing the gender dimension of each MDG and examining each Goal through a human rights lens reveals a number of complex issues and causes that are interrelated. This can be illustrated in relation to hunger and malnutrition and maternal and child health. In this context, it is important to recognize that unequal social conditions and exclusionary practices continue to deny women and girls equal access to food and health care, thus denying them their human rights. 8

9 The linkages between … Gender mainstreaming … and women’s rights
Requires understanding the causes of discrimination and unequal power relations between men and women Considers implications of any actions on both women and men Ultimate goal: gender equality CEDAW: requires comprehensive measures to eliminate discrimination against women in all areas of their lives Other standards: ICCPR, ICESCR, ILO C. 111, Regional treaties, etc. Ultimate goal: gender equality and realization of all human rights for both women and men on equal terms HIDDEN SLIDE Gender Mainstreaming 1997 ECOSOC definition of gender mainstreaming : Issues across all areas of activity should be defined in such a manner that gender differences can be diagnosed - that is, an assumption of gender-neutrality should not be made. Responsibility for translating gender mainstreaming into practice is system-wide and rests at the highest levels. Accountability for outcomes needs to be monitored constantly. Gender mainstreaming also requires that every effort be made to broaden women's participation at all levels of decision-making. Gender mainstreaming must be institutionalized through concrete steps, mechanisms and processes in all parts of the United Nations system. In 2007, the Triennial Comprehensive Policy Review (TCPR) again called on the UN to: mainstream a gender perspective and to pursue gender equality in its country programmes, planning instruments and sector-wide programmes. Women’s Human Rights The elimination of discrimination against women has a central place in international human rights law. Not only do all of the rights guaranteed under the seven core international human rights treaties apply equally to men and women, and boys and girls, but this point has also been carefully underlined by the two treaties that comprise the “international bill of human rights”.  Both the Civil and Political Covenant and the Economic, Social and Cultural Covenant contain a special article, article 3, that requires States to “ensure the equal right of men and women” to enjoy the rights set out in those treaties. As well, one of the seven core international human rights treaties – CEDAW – is devoted exclusively to eliminating sex discrimination in order to achieve gender equality. CEDAW requires State parties to eliminate gender-based discrimination in order to achieve gender equality in all aspects of women’s lives.  The Convention also details the specific actions that must be taken to combat discrimination in a wide range of areas, including education, employment, public and political life, legal relations, economic and social life, family relations, rural development, trafficking and prostitution.  Gender equality was a major focus of discussion at the 1993 Vienna World Conference on Human Rights, and the importance of advancing women’s human rights was forcefully underscored in the Vienna Declaration and Programme of Action: “The human rights of women and of the girl child are an inalienable and indivisible part of human rights” (Part 1, para. 18). The Declaration and Programme of Action also spoke directly to the UN system on this point: “The equal status of women and the human rights of women should be integrated into the mainstream of United Nations system-wide activity.  These issues should be regularly and systematically addressed throughout relevant United Nations bodies and mechanisms.” (Part II, para. 37). Also ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (pre-dates CEDAW, and some CEDAW provisions drawn from it) – obligation to declare and pursue national equality policy with a view to eliminating discrimination, including sex discrimination. Ratified by 169 member States. Also Equal Remuneration Convention, 1951 (No. 100) requiring equal remuneration for men and women for work of equal value. CEDAW CEDAW is an “anti-discrimination” treaty, meaning that in CEDAW gender inequalities are understood to have been produced by sex-based discrimination. The State obligations imposed by CEDAW are primarily obligations to eliminate the many different forms of discrimination against women. CEDAW is also informed by a particular understanding of what counts as equality, often called “substantive equality” or “equality of results”.  CEDAW takes a very concrete and three-dimensional view of equality.  Rather than considering equality in formal and legalistic terms, and saying that laws and policies ensure equality between women and men simply by being gender-neutral, CEDAW requires that their actual impact and effect also be considered.  Under CEDAW, the State has to do more than just make sure there aren’t any laws sitting in the books that directly discriminate against women.  It must also make sure that all of the necessary arrangements are put in place that will allow women to actually experience equality in their lives. CEDAW makes States responsible not just for their own actions, but also for eliminating discrimination that it being perpetrated by private individuals and organizations. CEDAW recognizes that discrimination is often most deeply rooted in spheres of life such as culture, the family, and interpersonal relations, and that if change does not take place at those levels efforts to achieve gender equality will be frustrated.      Key areas of women’s human rights protection in CEDAW: Article 5: cultural patterns and customary practices Article 6: trafficking and exploitation of prostitution Article 7: public and political life Article 8: international affairs Article 9: nationality Article 10: education Article 11: employment Article 12:  healthcare Article 13: economic and social life Article 14: rural women Article 15: equality before the law Article 16: equality in marriage and family life GR#19: violence against women 9

10 HIDDEN SLIDE CONTINUATION OF NOTES ON GENDER MAINSTREAMING WHR and other treaties The ICCPR and the ICESCR very clearly guarantee human rights entitlements for both men and women. Both treaties include a special article, article 3, which explicitly provides that State parties to the Covenants will ensure that men and women have equal enjoyment all of the rights they set out. As well, both treaties contain an anti-discrimination provision, which lists “sex” as one of the prohibited grounds of discrimination. The treaty bodies for both the ICCPR and ICESCR have issued General Comments which explain the implications of these articles in considerable detail, and highlight some of the most important gender equality dimensions of each of the other rights set out in these treaties. The other human rights treaties also contain important guarantees for women. For example, the CRC contains an anti-discrimination provision which requires State parties to ensure the rights set out in the Convention equally for both boys and girls. The CRC also sets out a number of rights with special importance for women and girls, including rights relating to pre-natal and post-natal care for mothers, family planning, abolition of harmful traditional practices, and the elimination of sexual exploitation and prostitution. Key ILO gender equality Conventions: Two of the 8 human rights Conventions of the ILO relate specifically to gender equality and non-discrimination, and expand on some of the rights set out in CEDAW, CERD, ICCPR and ICESCR. The Discrimination (Employment and Occupation) Convention, No. 111, provides that ratifying States are to declare and pursue a national policy to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. The Convention enumerates 7 grounds of discrimination, including sex. Even before Convention No. 111, the ILO has adopted the Equal Remuneration Convention, 1951 (No. 100) which provides for equal remuneration for men and women for work of equal value. Conventions Nos. 100 and 111 are two of the most widely ratified Conventions, with 168 and 169 ratifications respectively. Two other ILO Conventions are considered key gender equality Conventions, namely the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No. 183). Regional Treaties Women’s human rights are also protected by important regional standards.  For example, in LAC, the Convention Belem do Para sets out comprehensive measures for eliminating violence against women.  And in the Women’s Rights Protocol to the African Charter on Human and People’s Rights, we can see the international human rights guarantees for women reflected, but also modified and expanded, to fit African realities.”

11 Gender Mainstreaming ECOSOC Resolution 2008/34 mandates all UN agencies to mainstream gender perspectives into all policies and programmes of development co-operation. Gender mainstreaming is globally accepted as critical for the achievement of gender equality in the implementation of all internationally agreed goals. Gender Mainstreaming is both a process and a strategy which takes account of the differential impacts of programme interventions on males and females and integrates these into programme interventions with the aim of eliminating disparities.

12 Basic Concepts Associated with Gender Mainstreaming
Gender: Societal constructs on the social, economic, cultural and political attributes of males and females, the opportunities, roles and responsibilities that they should have and play in society. Gender Equality: Women and men, girls and boys enjoy equal conditions, treatment and opportunities for realizing their full potential, human rights and dignity, and for contributing to (and benefitting from) economic, social, cultural and political development. HIDDEN SLIDE Gender equality makes up Goal Number 3 of the MDGs (promote gender equality and empower women). Furthermore, gender mainstreaming is a crosscutting approach relevant to all programming and policy areas within the UN in general. The concept of bringing gender issues into the mainstream of society was clearly established as a global strategy for promoting gender equality in the Platform for Action adopted at the United Nations Fourth World Conference on Women, held in Beijing (China) in It highlighted the necessity to ensure that gender equality is a primary goal in all areas of social and economic development. What are ‘gender’ and ‘gender mainstreaming’? Gender refers to the social attributes and opportunities associated with being male and female and the relationships between women and men and girls and boys, as well as the relations between women and those between men. These attributes, opportunities and relationships are socially constructed and are learned through socialization processes. They are context/ time-specific and changeable. Gender determines what is expected, allowed and valued in a women or a man in a given context. In most societies there are differences and inequalities between women and men in responsibilities assigned, activities undertaken, access to and control over resources, as well as decision-making opportunities. Gender is part of the broader socio-cultural context. Other important criteria for socio-cultural analysis include class, race, poverty level, ethnic group and age. Gender Mainstreaming: Mainstreaming a gender perspective is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in any area and at all levels. It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension in the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality. Ensuring gender equality is thus simultaneously an integral part of the process of carrying out a programme, as well as a programming goal in itself. Gender mainstreaming is a crosscutting strategy for achieving this goal, because it helps to create the enabling environment that promotes – and enforces – gender equality in laws, policies, practices, and value systems. Gender Equality: means that women and men, girls and boys have equal conditions, treatment and opportunities for realizing their full potential, human rights and dignity, and for contributing to (and benefitting from) economic, social, cultural and political development. Gender equality is, therefore, the equal valuing by society of the similarities and the differences of men and women, and the roles they play. It is based on women and men being full partners in the home, community and society. Equality does not mean that women and men will become the same but that women‘s and men‘s rights, responsibilities and opportunities will not depend on whether they are born male or female. Gender equality implies that the interests, needs and priorities of both women and men and girls and boys are taken into consideration, recognizing the diversity of different groups and that all human beings are free to develop their personal abilities and make choices without the limitations set by stereotypes and prejudices about gender roles. Gender equality is a matter of human rights and is seen as a precondition for, and indicator of, sustainable people-centred development. (From Gender Equality, UN Coherence and You, e-learning course UNDP, UNICEF, UN-Women, UNFPA)

13 Human rights and conflicts
Violent conflict prevents the realization of human rights Non-realization of human rights may lead to violent conflict Violation of human rights often represents manifestation of conflict emergence or escalation There is a reciprocal relationship between human rights and conflict prevention. Violations of human rights are a root cause of conflict; they are also a common consequence of it. Secretary-General’s Progress Report on the Prevention of Armed Conflict (2006) HIDDEN SLIDE Key message: Conflict prevention and human rights realization are strongly interconnected – but they are not the same thing. Summary of key contents: A distinction must be made between conflict per se and violent conflict. Conflicts, as power inequalities, are always-present features of human life and of human societies. Everyone experiences some form of conflict in their daily lives, and often these conflicts help to positively transform personal situations. Conflict is a natural part of human interaction and is necessary for social change. When societies lack effective instruments and mechanisms for constructive management of disputes, conflict might become violent and destructive. Violent conflict prevents the realization of human rights, both directly and indirectly: (i) Violent conflict results in direct violations of human rights (e.g. right to life, right to be free from inhuman and degrading treatments); (ii) Violent conflict indirectly prevents the realization of human rights – e.g. violent conflict has destructive effects on economies, and, therefore, prevents the realization of economic and social rights Non realization of human rights is often among the root causes of violent conflict – for example, patterns of discrimination against minority groups are often the triggers for armed conflict and crisis. Similarly, the failure of the State to check corruption and ensure the welfare of its people can result in political upheaval and turmoil which again may lead to an escalation of human rights violations. Therefore, protection and promotion of human rights are essential components of any conflict prevention strategy Human rights violations can be an indicator of conflict emergence or escalation of violent conflict For example, in many situations, an increase of gender-based violence signals an increased “militarization” of society, hence an increased risk of violent conflict. Therefore, looking at human rights should be an integral part of early warning systems. However, human rights protection/promotion and conflict prevention are not the same thing: efforts to prevent the emergence of violent conflict in the short term can also have negative effects on the promotion and protection of human rights. For example, in immediate post-conflict settings, power-sharing agreements aimed at ending violence can “legitimize” conflict actors with a bad human rights record. Not all violations of human rights lead to violent conflict –weak, vulnerable groups of societies might not resort to violence even if their rights are violated Evidence exists that totalitarian States, where civil freedoms are systematically repressed, tend to be less prone to violence compared to countries where some limited space of freedom exist. The concept of “negative peace” has been coined to indicate these situations in which there is no visible violence - but there is no just, sustainable peace, either. Conflict prevention and peace building should be understood as aiming at “positive peace”, which is fundamentally and indissolubly centered on the respect and promotion of human rights. 13

14 The linkages between … Humanitarian law … and human rights
Applies in situations of international or non-international armed conflict Purpose: to limit the effects of war on people and objects Applies in any situation, including armed conflict Both aim to safeguard human dignity in all circumstances HIDDEN SLIDE International humanitarian law (also known as the law of war, or the law of armed conflict) and human rights are two separate branches of international law with a common purpose. The main purpose of both is to safeguard human dignity in all circumstances. International humanitarian law applies once a conflict has broken out and is equally binding on all the parties, no matter which one started the fighting. The key message of international humanitarian law is: Do not attack people who do not or no longer take part in hostilities Do not use weapons that make no distinction between combatants and civilians, or weapons and methods of warfare which cause unnecessary suffering and/or damages. Both States and Individuals must respect international humanitarian law. International humanitarian law must be respected by everyone, combatants and the population as a whole. The obligation to comply with international humanitarian law is such that non-compliance can, in some cases, render the individual liable under penal law, as many national and international courts have recognised. 14

15 UN system’s responses Common Understanding on HRBA (2003)
Updated CCA/UNDAF Guidelines Action 2 interagency plan ( ) Delivering as One UN Integrated Missions/PKOs Resident Coordinators & Humanitarian Coordinators Agency policies and Guidelines integrate human rights Increasing no. of UNCTs adopting an HRBA Secretary-General: Policy Committee decision on HR and Development (2008) HIDDEN SLIDE NEW COMBINED SLIDE Secretary-General – Policy Decision Reaffirmed the centrality of HR in UN’s development work Defined RC’s roles and responsibilities on HR and asked OHCHR/UNDG to support their roles Asked the HC and UNDG Chair to further strengthen interagency collaboration on HR mainstreaming When human rights received a spotlight in the TCPR and UNDP Executive Board discussions in 2007, the then UNDG Chair Kemal Dervis and the High Commissioner Louise Arbour initiated a joint Principals-level discussion at the SG’s Policy Committee to address UN’s coherence on human rights, and how the system should take forward this agenda. As a result, the SG issued his Policy Decision on HR and Development, in which he: Reaffirmed the centrality of HR in UN’s development work; Defined RC’s roles and responsibilities to promote HR as a common UN value and to coordinate UNCT’s HR mainstreaming efforts and capacity building support to national partners upon their requests; Asked OHCHR/UNDG to support the RC’s leadership role and to develop a mechanism to further strengthen interagency coordination and support to RCs and UNCTs. Interagency commitments In recent years, a number of UN agencies adopted a human rights-based approach (HRBA) to their development cooperation and gained significant experience in its application to a wide range of activities and programmes. For the most part, each agency tended to have its own interpretation of the approach and of how it should be implemented. In light of the considerable increase in UN interagency collaboration at global and regional levels, and especially at the country level in relation to the CCA and UNDAF processes, a common understanding of this approach was reached at an UNDG interagency workshop at Stamford (USA) in May Subsequently, The UN Statement of Common Understanding has been endorsed by UNDG and it has been included in the CCA/UNDAF guidelines. : Action 2 Global Programme on Strengthening United Nations Support for the Promotion and Protection of Human Rights Worldwide The “Action 2” Programme aims to strengthen human rights throughout the UN system. It’s a global programme designed to strengthen the capacity of UN country teams to support the efforts of Member States, at their request, in reinforcing their national human rights promotion and protection systems while achieving the Millennium Development Goals (MDGs). The Action 2 Programme ensures that the UN will be ready to respond to these challenges by enhancing the capacity of its country teams with practical tools, training, advice, knowledge sharing and seed funding for capacity building and pilot programming. UN Agencies, funds and the UN system as a whole move to apply the HRBA to Development programming UN agencies and programmes have been integrated human rights in all there activities and programmes since Some agencies are already updating their policies and programme guidelines to reflect the UN Common Understanding. UN Country Teams are increasingly using the HRBA in the preparation of the CCA and UNDAF, as well. Level of adoption of HRBA by UNCTs One study introduced at the Stamford Workshop that reviewed 18 selected CCA/UNDAFs and Annual Reports of Resident Coordinators to identify how and to what extent UNCTs have applied a HRBA provides some useful insights. The study concluded that most UNCTs are increasingly incorporating aspects of a HRBA in their CCAs and UNDAFs. Most CCA/UNDAFs reviewed contained direct references to international human rights treaties, regional human rights conventions, the International Development Targets, and more recently the MDGs. However, in very few cases, they contained references to the findings, comments and recommendations of UN human rights treaty-bodies, Special Rapporteurs and Working Groups. This was regarded as a significant omission and a serious opportunity lost to incorporate human rights principles, measures and oversight into development planning. 15

16 CONTINUTATION OF NOTES FROM SLIDE “UN SYSTEM’S RESPONSES”
HIDDEN SLIDE CONTINUTATION OF NOTES FROM SLIDE “UN SYSTEM’S RESPONSES” Agency level: HR are integrated in agency policies & guidelines Increasing number of UNCTs adopting HRBA ACTION 2 Contributed to building UNCT capacity More than 60 UNCTs supported 10 HR advisers deployed Interagency HRBA Learning Package developed and integrated in UNDG Knowledge sharing platform strengthened Opened space for UNCT to support Govt/CS Helped DaO pilots to integrate human rights Such an increased recognition by our Member States owes, in no small measure, to the consistent emphasis and efforts within the UN system, both on policy and operational fronts, to mainstream and integrate human rights in our work as a key pillar of our common mandate under the Charter. Under the previous‘Action 2’ reform initiative of the Secretary-General Kofi Annan launched in 2004, several UNDG agencies came together to strengthen common approaches to support country-level actions. During , the Action 2 supported more than 60 UN country teams in developing their capacity to integrate human rights into their work. At the policy level too, Action 2 played a useful catalytic role in cementing the human rights-based approach in policy guidance on UNDAF and operational support to UN common country programming process. HRBA is now one of the key programming principles that all UN country teams must apply in developing their UNDAFs with national partners. DELIVERING AS ONE One Voice’ contributing to more effective joint advocacy on human rights issues Most ‘One Programmes’ include a commitment to HR/HRBA and certain areas are explicitly HR-based Visible efforts to integrate HR through theme groups and task forces Increasingly, DaOs are working with Govts to bring HR within national development plans (e.g. Viet Nam) Supporting DAOs was one of the priorities under Action 2, which supported the deployment of HRAs as well as fielding a joint interagency mission to Uruguay. The 2008 Stocktaking reports from the DaO pilots showed visible progress in mainstreaming human rights. The 2009 intergovernmental meeting among pilots held in Kigali also recognized that the pilots are doing more on human rights and other cross cutting issues. In Nov 2009, a workshop among HR focal points from the pilots was organized by OHCHR to take stock of progress and lessons learned. From ‘One Voice’ to ‘One Programme’ in Uruguay: RCO/UNCT supported the mission of SR Torture, and a result of this mission and SR recommendations, the UNCT/Govt developed a joint programme on prison reform. Viet Nam’s experience on HIV/AIDS is an example of how HRBA has made an impact on country programming. UN’s work on HIV/AIDS in VNM had previously focused on distribution of medicines, and information campaigns. HR based analysis by UNCT identified the underlining discriminatory practices and punitive laws that also needed to be addressed. HRBA also identified specific groups more vulnerable and geographical areas that were affected. Based on the findings from a HRBA analysis a joint UN work plan on HIV/AIDS was created. The joint UN work plan has now become a part of the Government’s national HIV/AIDS plan.

17 UN system’s commitment to HR
Interagency level: Secretary-General UNDG: Common Understanding on HRBA Action 2 interagency plan Updated CCA/UNDAF Guidelines Agency level: HR are integrated in agency policies & guidelines Country level: Resident Coordinators & Humanitarian Coordinators UN Integrated Missions/PKOs Increasing number of UNCTs adopting HRBA HIDDEN SLIDE THIS IS THE VERSION THAT WAS IN THE OLD SESSION; IT IS ORGANIZED BY LEVELS Interagency commitments In recent years, a number of UN agencies adopted a human rights-based approach (HRBA) to their development cooperation and gained significant experience in its application to a wide range of activities and programmes. For the most part, each agency tended to have its own interpretation of the approach and of how it should be implemented. In light of the considerable increase in UN interagency collaboration at global and regional levels, and especially at the country level in relation to the CCA and UNDAF processes, a common understanding of this approach was reached at an UNDG interagency workshop at Stamford (USA) in May Subsequently, The UN Statement of Common Understanding has been endorsed by UNDG and it has been included in the CCA/UNDAF guidelines. : Action 2 Global Programme on Strengthening United Nations Support for the Promotion and Protection of Human Rights Worldwide The “Action 2” Programme aims to strengthen human rights throughout the UN system. It’s a global programme designed to strengthen the capacity of UN country teams to support the efforts of Member States, at their request, in reinforcing their national human rights promotion and protection systems while achieving the Millennium Development Goals (MDGs). The Action 2 Programme ensures that the UN will be ready to respond to these challenges by enhancing the capacity of its country teams with practical tools, training, advice, knowledge sharing and seed funding for capacity building and pilot programming. UN Agencies, funds and the UN system as a whole move to apply the HRBA to Development programming UN agencies and programmes have been integrated human rights in all there activities and programmes since Some agencies are already updating their policies and programme guidelines to reflect the UN Common Understanding. UN Country Teams are increasingly using the HRBA in the preparation of the CCA and UNDAF, as well. Level of adoption of HRBA by UNCTs One study introduced at the Stamford Workshop that reviewed 18 selected CCA/UNDAFs and Annual Reports of Resident Coordinators to identify how and to what extent UNCTs have applied a HRBA provides some useful insights. The study concluded that most UNCTs are increasingly incorporating aspects of a HRBA in their CCAs and UNDAFs. Most CCA/UNDAFs reviewed contained direct references to international human rights treaties, regional human rights conventions, the International Development Targets, and more recently the MDGs. However, in very few cases, they contained references to the findings, comments and recommendations of UN human rights treaty-bodies, Special Rapporteurs and Working Groups. This was regarded as a significant omission and a serious opportunity lost to incorporate human rights principles, measures and oversight into development planning. 17

18 UNDG Human Rights Mainstreaming Mechanism (UNDG-HRM)
Senior-level UNDG mechanism to institutionalize support to RC/UNCTs on HR Objectives: Policy and operational coherence on human rights and development Support to RC and UNCT Leadership on human rights Strengthen UNCT support to national capacity building efforts on human rights Promoting system-wide advocacy on human rights HIDDEN SLIDE UNDG – HRM Following extensive senior-level interagency consultations in 2009, taking stock of lessons learned from Action 2, what has emerged is the need to further institutionalize human rights mainstreaming efforts in the UN development work. Action 2 was an innovation and a special initiative, and its fruits needed to be transplanted into the heart of UN’s development cooperation. This is why the UNDG has established the Human Rights Mainstreaming Mechanism (UNDG-HRM) as a dedicated senior-level mechanism under the UNDG to provide policy, strategy, operational support to country teams and resident coordinators. HRM’s workplan has four major components. The first component addresses coherence in policy guidance and operational tools. A mapping of tools as well as updating of HRBA common learning package are underway. The second component looks at how we can strengthen the leadership role of Resident Coordinators and agency country representatives. Human rights have already been integrated into the RC terms of reference, but there has been a large demand from RCs and UNCTs more support and guidance in effectively advocating human rights as a fundamental UN value with national stakeholders. The third component addresses the coherent approach to national capacity building efforts – through UNDAFs, One Programmes and joint initiatives at country level and linking them with the recommendations and outputs of UN human rights mechanisms. UPR follow up and support to national institutions are core elements of HRM’s capacity building support. On Human Rights Day in 2010, UNDP and OHCHR launched a new UN toolkit for supporting the national human rights institutions, which will be an essential tool for UNCTs and their national partners. The last, fourth component focuses on strengthening system-wide advocacy efforts. Over the last year, there have been several joint initiatives among OHCHR and some of the UNDG agencies to highlight the relevance of human rights in the MDGs. We very much welcome the strong human rights orientation in the final outcome of the MDGs Summit, and the HRM should be looking at further strengthening the message as well as operational support to its follow-up. Contributing to the overall UNDG strategic priorities: Focus on policy coherence, capacity building, support to RC/UNCT leadership and knowledge management Demand-driven, targetted support to UNCTs and national partners Strengthening capacity and collaboration at regional level The establishment of HRM coincided with the process of reflection and rethinking in the overall UNDG strategic priorities to better focus our work to achieve country-level impact. Incidentally, many of the lessons learned from Action 2 in terms of human rights found resonance with the overall reflection at UNDG level – such as the need to strengthen the RC ‘s leadership in driving the mainstreaming efforts at country level; role and capacity of Regional UNDG Teams to support UNCTs; and system-wide policy coherence, advocacy and knowledge sharing. These are key pillars of the UNDG-HRM’s work, contributing to the implementation of the overall UNDG Strategic Priorities and to more coordinated response to national needs and priorities. To support the implementation at global, regional and country levels, the HRM has established a Multi-Donor Trust Fund with UNDP. In addition to strengthening regional support to UNCTs, the HRM will be seeking to identify a selected number of UNCTs for more targeted support to strengthen national ownership of HR agenda. 18

19 Opportunities and challenges
HRBA can contribute to: Strengthening normative and operational linkages Increasing coherence at country level Increasing UN’s effectiveness, impact and added value HIDDEN SLIDE [Alternative slide for conclusion.] The rest of the workshop will show that the values and imperatives of HRBA: HRBA helps to link the important UN norms and standards into the operational activities HR, as a common UN value, should bring together UN agencies with different mandates under a common objective: to improve the dignity of human beings HRBA can help to deepen the analysis and programming process. 19

20 Conclusion The normative value The political environment
Substantive linkages The institutional response HIDDEN SLIDE [This is a standard slide for concluding this session.] Human Rights are at the foundation of the UN system and is one of its pillars. The UN system has an obligation to promote the national implementation of human rights. The UN political environment sanctions us to be pro-active Substantive linkages are undisputed, both in theory and practice. More rigour and evidence-based material is still needed though The institutional response provides clear marching orders. 20

21 Three concepts: Rights Human rights
Global, Regional and National Protection systems

22 What is a right? “That which a person is entitled to have, to do, or to receive from others, and which is enforceable by law.” There is much talk about rights in development discourse these days. Much of the rhetoric employs vague notions of the rights-concept. So, what is a right? (ask participants).

23 What are human rights? Universal legal guarantees
Civil, cultural, economic, political and social Protect human values (freedom, equality, dignity) Inherent to individuals and, to some extent, groups Grounded in international norms and standards Legally binding on States Instructions: (1) show the heading of the slide and ask participants to discuss in each table and write on a vipp card in one sentence what human rights are. (2) revise the answers and cluster them under any of the 6 bullet points of the slide. Then, show the slide and explain each of the points by referring back to the answers provided by participants. Tip: This methodology will help participants to internalize and develop more ownership over the concept. It will also help the trainer to measure the audience’s level of knowledge prior to moving into a more theoretical segment of slides. Human Rights are universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity. All human rights are indivisible which means that whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked. They are also interdependent and interrelated, which means that the realization of one right depends, wholly or in part, upon the realization of others. Human rights protect individuals and, to some extent, groups. Certain rights can be assured only through the recognition and protection of individual’s rights as members of a group. The term “collective rights” refers to the rights of such peoples and groups, including ethnic and religious minorities and indigenous peoples. The normative framework of human rights standards are contained in the nine core international human rights treaties – ICCPR, ICESCR, CERD, CEDAW, CAT, CRC, CMW, CRPD and CPED – and other relevant universal instruments of specialized agencies. For example, the international community has recognized 8 international labour Conventions, adopted between 1930 and 1999, covering 4 basic subjects, as fundamental human rights. These Conventions have been ratified by between 160 to 174 countries, so it is very likely that the countries you are working in will have taken on these specific treaty obligations. These Conventions deal with forced labour (Conventions 29 and 105), child labour (Conventions 138 and 182), non-discrimination (Conventions 100 and 111) and freedom of association (Conventions 87 and 98). Human rights treaties are legally binding on the States Parties, which must report to the respective monitoring treaty body on the progress achieved in implementation. In general terms, it is the State that bears the main obligation to respect and ensure human rights guarantees under international law. However, it is increasingly recognized that non-State actors, including corporations and international organizations, may likewise have responsibilities to varying degrees under international human rights instruments. Tip: The concepts of right-holder and duty bearer within the programming context will be seen in further detail in session 4. In this session we are focusing on the relationship between the individual and the State under international law. Although the above box refers to human rights as ‘universal’, this in no way implies that respect for different cultures is negated. In fact, as we mentioned above, a culturally sensitive approach to human rights is essential if human rights are to be realized universally. 23

24 Economic, social & cultural
Life, security, integrity, fundamental freedoms… Civil and Political Education, health, work, food, housing, participation in cultural life… Economic, social & cultural Women’s right, rights of indigenous, children’s rights, rights of persons with disabilities, rights of migrant workers Specific groups HIDDEN SLIDE [This is a graphical depiction of the previous slide.] Free determination, development, environment Collective rights 24

25 “Protection systems” “Legal frameworks, institutions, procedures and actors to ensure that international human rights norms and standards are promoted, respected, protected and fulfilled”

26 Human rights instruments
ICCPR ICESCR OPs CERD CEDAW CRC UN Charter UDHR CAT National Constitutions and Laws Other International Instruments (humanitarian, specialized agencies) CRPD CMW CPED The key message that the visual tries to convey is that protection systems (international, regional and national) should be seen as a whole body of legal mechanisms that should be used for the purpose of respecting, protecting and fulfilling human rights Tip for presenter: Show the slide step by step in order to clarify every element and its linka to the rest of the elements as they pop up. Step 1: UN Charter (San Francisco 1945) and Universal Declaration of Human Rights (UDHR 1948) are the foundation upon which the main bulk of the international human rights normative framework has been built. They have also being the inspiration of subsequent regional human rights regimes and national laws. The Human Rights Council (HRC) is the main UN organ in charge of promoting and protecting human rights. It is the successor of the former Commission on Human Rights Step 2: Nine Core International Human Rights Treaties - International Covenant on Civil and Political Rights (ICCPR) 1966 and its two Optional Protocols on the Right of Individual Communications and on the Death Penalty - International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 - Convention on the Elimination of all forms of Racial Discrimination (CERD) 1966 - Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1979 and its Optional Protocol on the Right of Individual or Group Communications - Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984 - Convention on the Rights of the Child (CRC) 1989 and its two Optional Protocols on Sale of Children, Child Prostitution and Child Pornography and on Involvement of Children in Armed Conflicts - Convention on the Protection of All Migrant Workers and Members of their Families (CMW) 1990 - Convention on Rights of People with Disabilities (CRPD) 2006 - International Convention for the Protection of All Persons from Enforced Disappearances (CPED) 2006 Step 3: Other international instruments may contain additional human rights standards such as the international humanitarian law and the refugees law, as well as the ILO, UNESCO, FAO conventions and declarations and others. Many humanitarian law instruments are prior to the UN charter and the UDHR. However they share common values and principles of human dignity, freedoms and entitlements. Eight ILO Conventions are recognized as fundamental human rights Conventions, covering child labour, forced labour, non-discrimination and freedom of association. Human rights are also addressed in a number of other ILO Conventions addressing particular groups, including migrant workers, disabled workers, agricultural workers, seafarers, and indigenous peoples. [e.g. The ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) is the only international Convention dealing specifically with the human rights of these peoples on a comprehensive basis. The ILO applies a rights-based approach for its own work in this area, in addition of course to a legal instrument to protect the rights of workers.] Step 4: Regional regimes. Some regions of the world have adopted their own regional human rights regimes. These systems do not replace but reinforce the international regime. The relation between these two systems is therefore not hierarchical but complementary. Step 5: National Protection systems. States should make sure that their national constitutions and laws are consistent with the international and regional human rights regimes they are party to. The World Conference on Human Rights’ request to Governments “to incorporate standards as contained in international human rights instruments in domestic legislation and to strengthen national structures, institutions and organs of society which play a role in promoting and safeguarding human rights”. Fundamental Labour Conventions Regional instruments 26 26

27 International human rights mechanism
Treaty-based CESCR HRC CERD CEDAW CAT CRC CMW CRPD Charter-based Human Rights Council Special Procedures Universal Periodic Review HIDDEN SLIDE 27 27

28 Universal Periodic Review
Origin Mechanism Composition Coverage Periodicity Treaties Treaty Bodies (Committees) Experts States Parties 4 Years Charter HRC Special procedures (Special Rapporteurs, Working Groups...) Universal Universal Periodic Review State representatives Fundamental Labour Conventions ILO Committee of Experts on Application of Conv and Recom 2 Years Other universal instruments of specialized agencies E.g., UNESCO Committee on Conv and Recomm/Ex Board/General Conference HIDDEN SLIDE Human Rights Council: Promotes universal protection Addresses and prevents violations Develops international law Reviews compliance of Member States Respond to emergencies International forum for dialogue 28

29 Main Functions Mechanism Issue country Recommendations
Further define the content of standards Treaty Bodies Concluding observations General comments Special Procedures Mission reports Thematic reports Universal Periodic Review UPR recommendations ----- ILO Committees Observations and direct requests/Conclusions General observations/ and general surveys/digest of decisions Other mechanisms under specialized agencies (e.g. UNESCO Committee on Conventions and Recommendations Reports HIDDEN SLIDE Also refer to indvidual complaints mechanisms: Treaty bodies – leads to decision Special procedures – urgent appeals, allegation letters The ILO has a range of supervisory mechanisms, with the regular reporting mechanism being the Committee of Experts on the Application of Conventions and Recommendations, which consists of 20 jurists from around the world. For the 8 fundamental human rights Conventions, ratifying States are required to report every 2 years, and every 5 years on most other Conventions. These reports, along with any comments of trade unions and employers’ organizations, are examined by the Committee of Experts, which issues recommendations in the form of observations and direct requests. The observations then go to the tripartite Committee on the Application of Standards during the annual International Labour Conference. The Standards Committee discusses approximately 25 observations each year in the international forum, giving rise to conclusions. Most of the cases discussed relate to the 8 fundamental Conventions. There is also a standing tripartite committee that examines complaints of violations of freedom of association. Complaints can be brought to this body whether or not the country concerned has ratified the relevant Conventions, as the right to freedom of association is embedded in the ILO Constitution. Workers’ and employers’ representatives can also bring representations of violations of Conventions to an ad hoc Governing Body tripartite Committee and can bring complaints to Governing Body, resulting in a Commission of Inquiry. UNESCO Committee on Conventions and Recommendations (CR), which is a subsidiary organ of the Organization’s Executive Board, examines in complete confidentiality communications relating to cases and questions concerning the exercise of human rights in UNESCO’s fields of competence. The mechanism is not treaty-based and a complaint may be made against any Member State of UNESCO. Its purpose is to seek a friendly solution to cases brought to the attention of the Organization. Since 2003 the Committee has been entrusted with the examination of State reports on the implementation of standard-setting instruments adopted by UNESCO’s General Conference. The CR considers reports on three conventions and eleven recommendations. The reports adopted by the Committee following its examination are submitted to the General Conference with the reports of Member Sates or (if so decided by the General Conference) the analytical summaries thereof, together with the Executive Board’s comments. Some UNESCO standard-setting instruments provide for a specific monitoring mechanism. UPR Review the fulfillment of the human rights obligations of all countries All Member States will be reviewed within 4 years (48 States per year) Review will be carried out by “peers” (groups of three Member States) Treaty Bodies Treaty bodies monitor and facilitate the implementation of the treaties through: Reviewing State Party reports and additional sources of information Adopting observations and recommendations Adopting General Comments on HR Standards contained in the treaty Examining individual complaints (some of them) Making confidential inquiries (some of them) 29

30 HIDDEN SLIDE CONTINUATION OF NOTES TO PREVIOUS SLIDE Treaty-based mechanisms are conventional bodies or committees whose mandates, roles and functions are established in international human rights treaties. The treaty bodies are committees of independent experts which monitor the implementation of the treaty by each Member State. The examination of State reports along with information from a variety of sources, including the UNCT and civil society organizations culminates in the adoption of concluding observations and recommendations. The State party is expected to take the necessary measures to implement these recommendations The Concluding Observations and Recommendations identify specific human rights concerns to help set priorities at the national level, which may provide a framework for joint action by Governments, UN agencies, NGOs and other partners. They are also a guiding reference and tools for programming, including the CCA/UNDAF processes. The General Comments clarify the actual content of the human rights standards contained in a treaty. These comments provide more detailed guidance on what the international human rights standards mean in all phases of programming. Individual complaints: Some Treaty Bodies act as a quasi-judicial body examining individual cases of alleged violations. The Optional Protocols to CCPR and CEDAW, and optional clauses in CERD, CAT and the CMW provide for such procedures. The committees examine such complaints culminating in a final, non-binding decision that declares the complaint either inadmissible or admissible, and — in the latter case — issues an opinion on the merits (determining whether the complainant’s human rights have been violated) Confidential enquiries: CAT and the Optional Protocol to CEDAW provide for a procedure of “suo moto” inquiry by the respective treaty bodies (also known as “inquiry of its own motion”). if the committees receive reliable and plausible information that torture or discrimination against women, respectively, is being systematically practiced in the territory of a State party, the treaty body may carry out a fact-finding mission to the country concerned, subject to approval by its Government. The CAT Committee has so far conducted six inquiries (Egypt, Mexico, Peru, Serbia and Montenegro, Sri Lanka, and Turkey). The CEDAW Committee has initiated an inquiry procedure concerning Mexico.

31 Universal Periodic Review
Human Rights Council (Charter-based bodies) Universal Periodic Review Special Procedures Advisory Committee Complaint Procedures Promotes universal protection Addresses and prevents violations Develops international law Reviews compliance of Member States Respond to emergencies International forum for dialogue

32 Universal Periodic Review
Review the fulfillment of the human rights obligations of all countries All Member States will be reviewed within 4 years (48 States per year) Review will be carried out by “peers” (groups of three Member States)

33 Universal Periodic Review
Insert picture of the HR Council UPR Report for the specific country as illustration, as per example of Lao HIDDEN SLIDE The resource person can also provide excerpts from the report itself to provide examples.

34 Treaty bodies Treaty bodies monitor and facilitate the implementation of the treaties through: Reviewing State Party reports and additional sources of information Adopting observations and recommendations Adopting General Comments on HR Standards contained in the treaty Examining individual complaints (some of them) Making confidential inquiries (some of them) Treaty-based mechanisms are conventional bodies or committees whose mandates, roles and functions are established in international human rights treaties. The treaty bodies are committees of independent experts which monitor the implementation of the treaty by each Member State. The examination of State reports along with information from a variety of sources, including the UNCT and civil society organizations culminates in the adoption of concluding observations and recommendations. The State party is expected to take the necessary measures to implement these recommendations The Concluding Observations and Recommendations identify specific human rights concerns to help set priorities at the national level, which may provide a framework for joint action by Governments, UN agencies, NGOs and other partners. They are also a guiding reference and tools for programming, including the CCA/UNDAF processes. The General Comments clarify the actual content of the human rights standards contained in a treaty. These comments provide more detailed guidance on what the international human rights standards mean in all phases of programming. Individual complaints: Some Treaty Bodies act as a quasi-judicial body examining individual cases of alleged violations. The Optional Protocols to CCPR and CEDAW, and optional clauses in CERD, CAT and the CMW provide for such procedures. The committees examine such complaints culminating in a final, non-binding decision that declares the complaint either inadmissible or admissible, and — in the latter case — issues an opinion on the merits (determining whether the complainant’s human rights have been violated) Confidential enquiries: CAT and the Optional Protocol to CEDAW provide for a procedure of “suo moto” inquiry by the respective treaty bodies (also known as “inquiry of its own motion”). if the committees receive reliable and plausible information that torture or discrimination against women, respectively, is being systematically practiced in the territory of a State party, the treaty body may carry out a fact-finding mission to the country concerned, subject to approval by its Government. The CAT Committee has so far conducted six inquiries (Egypt, Mexico, Peru, Serbia and Montenegro, Sri Lanka, and Turkey). The CEDAW Committee has initiated an inquiry procedure concerning Mexico. 34 34

35 Special procedures Thematic mandates (33) Country mandates (8) Burundi
►Adequate housing ►African decent ►Arbitrary detention ►Sale of Children ►Cultural rights ►Discrimination against women in law and practice ►Education ►Enforced Disappearances ►Extrajudicial executions ►Extreme poverty ►Food ►Foreign debt ►Freedom of peaceful assembly & association ►Freedom of opinion & expression ►Freedom of religion ►Health ►Human rights defenders ►Independence of judges and lawyers ►Indigenous people ►Internally displaced persons ►Mercenaries ►Migrants ►Minority issues ►Racism ►Slavery ►International solidarity ►Terrorism ►Torture ►Toxic waste ►Trafficking in persons ►Transnational corporations and business ►Water and sanitation ►Violence against women Burundi Cambodia DPRK Haiti Myanmar Palestinian territories Somalia Sudan List update as per April 2009 (see “Special procedures” is the general name given to the mechanisms assumed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Currently, there are 33 thematic and 8 country mandates in place. OHCHR provides these mechanisms with personnel and logistical assistance to aid them in the discharge of their mandates. Although the mandates given to special procedure mechanisms vary, they usually are to examine, monitor, advise, and publicly report on human rights situations in specific countries or territories, known as country mandates, or on major phenomena of human rights violations worldwide, known as thematic mandates.. Special procedures are either an individual (called “Special Rapporteur”, “Special Representative of the Secretary-General”, “Representative of the Secretary-General” or “Independent Expert”) or a working group usually composed of five members. The mandates of the special procedures are established and defined by the resolution creating them. Mandate-holders of the special procedures serve in their personal capacity, and do not receive salaries or any other financial retribution for their work. The independent status of the mandate-holders is crucial in order to be able to fulfill their functions in all impartiality. 35 35

36 Civil society/NHRIs reports
Supports reporting Process Programmes support State implementation Provides its Own input UNCT Recommendations State Civil Society State reports Civil society/NHRIs reports UNCT can support the reporting process: In the case of Treaty Bodies, both State reports and Shadow Reports In the case of the UPR the State Party Report and civil society reports Not applicable for Special Procedures UNCT can provide its own inputs to the mechanisms: To the Treaty bodies for the Committee review of the reports To provide input to the UN compilation report for the UPR review In supporting the visits of the Special Procedures Mechanisms issue their recommendations: Treaty bodies the concluding observations Special Procedures their mission reports UPR their recommendations UNCT can support State in the implementation of the recommendations of all the mechanisms UNCT can raise awareness about the mechanisms as well as of their recommendations, both with State and civil society actors Possibilities for cooperation between UN country teams and Treaty Bodies The human rights treaty bodies provide a number of useful entry points and opportunities for participation by UN country teams. For instance, UNCTs can systematically facilitate the participation in the reporting process by States and NGOs, where appropriate; provide concise data to Committees; and use its outputs as a programming tool. Such engagement transforms the reporting exercise into a dynamic tool for assessment and dialogue with States, UN agencies and NGOs which can provide an essential framework to hold States parties accountable for their treaty obligations. Examples of “good practices”: a) Support to the reporting process: Encouraging compliance with reporting obligations in a timely manner and in accordance with the reporting guidelines of the respective committees, including through reporting workshops and other capacity building activities for both Government and civil society. Good practice 1: Using OHCHR material on treaty body reporting, specifically the UN Manual on Human Rights Reporting, the UNDP Country Office in Kazakhstan has been involved in assisting the government in treaty reporting, particularly with reports under CAT, CEDAW, CRC and CERD. Activities included: preparing analytical and informational materials for dissemination in local language and organizing several workshops to highlight these guidelines; and regular communication with the inter-ministerial working groups in charge of preparing the reports and advocacy for inclusion of NGO representatives in these groups and ensuring quality of information. Encouraging the creation of an institutional framework for the preparation of reports and mechanisms to allow for participation of all sectors of society in the reporting process and the implementation of recommendations. Good practice 2: In December 2003, the United Nations System in Ecuador signed an inter-institutional cooperation agreement with the Ministry of Foreign Affairs aimed at providing assistance to the Public Coordination Commission (PCC) on Human Rights which is charged inter alia with coordinating the preparation of reports to Treaty Bodies. The sum of 10,000 US$ for this small UNCT project, provided by the different UN agencies, despite being modest, has allowed the UNCT to undertake a series of actives, including: 1) regular meetings of the different Working Groups aimed at preparing the various reports to TBs: 2) an OHCHR mission to provide guidance on the report writing process to TBs; 3) developing a leaflet with practical information on how to present reports; and 4) creating a website of PCC for information about developments on preparation of reports to Treaty Bodies. B) Advocacy tool: UNCTs can follow up States parties implementation of TB concluding observations and recommendations, and those of ILO supervisory bodies, as well as draw these recommendations to the attention of other actors, including national human rights institutions and NGOs. These recommendations can be used by UNCTs as a tool to encourage necessary legislative, policy, budget or programmatic review or change, as well as effective implementation of existing legislation or policies. They should also inspire UN action at the country level and contribute to CCAs/UNDAFs; Good practice 3: UNDP Zambia has supported training of government officers on state reporting and is currently planning, in collaboration with the Human Rights Commission and the Ministry of Justice, a joint workshop to disseminate the state report and to explore next steps to guide the Government in future policy development. Awareness raising 36 36

37 Regional human rights systems
Instruments Mechanisms European Convention for the Protection of Human Rights and Fundamental Freedoms American Convention on Human Rights and San Jose Pact on Economic, Social and Cultural Rights African Charter on Human and People’s Rights Arab Charter on Human Rights European Court on Human Rights Inter-American Commission on Human Rights Inter-American Court on Human Rights African Commission on Human and People’s Rights African Court on Human and People’s Rights Arab Committee of HR Experts ASEAN intergovernmental Commission on HR (AICHR) UPDATE Optional slides shall be developed for each regional system Regional human rights regimes have also been established that vary in their capacity and impact in Africa, the Americas and Europe and complement the international human rights machinery. Regional human rights mechanisms can be important partners for close collaboration with the UN on activities of mutual concern. Regional human rights systems reinforce international standards and machinery by providing the means by which human rights concerns can be addressed within the particular social, historical and political context of the region concerned. Asia has not yet succeeded in establishing any viable human rights regime. In the Middle East region, an Arab Charter on Human Rights was revised by the Arab Standing Committee on Human Rights in January 2004, but it is still regarded as falling short of providing critical human rights protections. European Human Rights Regime The Council of Europe, the Organization for Security and Cooperation in Europe (OSCE) and the European Union form the institutional backbone of the European human rights regime. The European Convention for the Protection of Human Rights and Fundamental Freedoms (entered into force in 1953) and its numerous Protocols guarantee civil and political rights and the European Social Charter (1961, revised in 1996) recognizes economic and social rights. The list of rights in these instruments are similar to those enshrined in the Universal Declaration of Human Rights and the two International Covenants. The Council of Europe has adopted special treaties in the areas of data protection, migrant workers, minorities, torture prevention and biomedicine. European Court of Human Rights - Initially two regional bodies were established to review complaints from persons, groups or individuals, NGOs and states regarding violations of human rights, namely, the European Court of Human Rights and the European Commission of Human Rights. The European Court of Human Rights has authoritative decision-making powers, its decisions are normally enforced and have significant weight on law and practice in a number of European States. The Court´s decision can also put pressure on those states that are lagging behind European norms. Human Rights Regime in the Americas - The Inter-American human rights regime falls under the Organization of American States (OAS). Like the European Convention, the American Declaration of the Rights and Duties of Man (1948) recognizes a list of human rights that is similar to the Universal Declaration of Human Rights. The American Convention on Human Rights (1969) recognizes civil and political rights and the right to property. In addition there is the Additional Protocol to the American Convention of Human Rights in the Area of Economic, Social and Cultural Rights (1988) commonly referred to as the Pact San Jose, Costa Rica. In order to safeguard these rights in the American continent, the Convention created two organs to promote the observance and protection of human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The Inter-American Commission of Human Rights is a technical, quasi-judicial body created to promote awareness of human rights, make recommendations to States and respond to their inquiries, prepare studies and reports, request information from governments and conduct investigations with their consent. The Commission adopts decisions and resolutions, issues country reports, and it is also empowered to receive complaints from individuals or groups on human rights violations. It further recommends to member States of the OAS the adoption of measures which could contribute to human rights protection. One of its main functions is to submit cases to the Inter-American Court and appear before the Court during the litigation process. The Inter-American Court of Human Rights has not had as strong of an impact as the European Court although it may take binding enforcement action, but its adjudicatory jurisdiction is optional for the States that ratify. The Court has jurisdiction to adjudicate cases involving charges that a State Party has violated the American Convention. Complainants submitting claims of human rights violations must have first exhausted all available domestic legal remedies. The African Human Rights Regime - The African regional human rights system falls under the African Union, which was established in 2001 and replaced the Organization of African Unity (OAU). Its objectives include promoting peace, security and stability on the continent; democratic principles and institutions, popular participation and good governance; and, promoting and protecting human rights in accordance with the African Charter on Human and Peoples´ Rights and other human rights instruments. The African Charter was adopted by the OAU in 1981 and entered into force in Today there are several protocols to the Charter including one that addresses the rights of women in Africa. The African Charter includes an important distinguishing feature which is the recognition of collective or “peoples” rights, the rights to peace and development and the importance of individual duties. The rights it guarantees are more limited and subject to state discretion than in the other international human rights instruments. The Charter also created an African Commission on Human and Peoples Rights that is empowered to receive interstate and individual complaints although its work is apparently hindered by a lack of resources. Anybody can submit a complaint/communication to the Commission denouncing a violation of human rights provided all available domestic legal remedies have been exhausted. 37 37

38 National protection system
Ensuring sustainable respect for human rights requires: Constitutional and legal framework Effective institutions (parliament, government, judiciary, public administration, human rights institutions) Procedures and processes including effective remedies Policies and programmes, including awareness raising Vibrant civil society and free media This slide introduces the main components of a national human rights protection system that need to be established or strengthened by the State in order to promote, protect and fulfil human rights. Emphasize that the most important action on human rights, particularly the way norms and standards are put into practice takes place at the national level through the effective roles played by the various governance institutions. The specific elements will be treated in greater detail in the next session A NHRPS consists mainly of legal frameworks, institutions, policies procedures and actors designed to ensure that international human rights norms and standards are promoted, respected, protected and fulfilled. The objective of a NHRPS is to ensure sustainable and effective respect for human rights in a country. Particular consideration should be given to ensuring that all aspects of any NHRPS are responsive to the human rights of women. And special attention should always be paid to groups subjected to discrimination and suffering from disadvantage within the country – including racial and ethnic minorities, children, the disabled, women, and the poor. Constitutional and legislative frameworks which reflect international human rights norms and standards; Effective institutions to promote and protect human rights, including central and local levels governments, central and local parliaments, administrations on both the central and local levels, the administration of justice, constitutional courts, and an independent human rights body, such as a national human rights institution and/or ombudsperson; Policies, Procedures and processes of human rights promotion and protection, including: redress for human rights violations and abuses; access to dispute resolution procedures and mechanisms; effective enforcement including sanctions and remedies; participatory decision-making processes; cooperation with international and regional human rights mechanisms; and at a more global level, the adoption of human rights-based policy and development programme planning; Programmes and policies for awareness-raising on human rights including women’s rights, through human rights education in schools, universities and professional education institutions, human rights training for public officials and other relevant professionals, as well as awareness-raising campaigns for the public at large; The existence of a vibrant democratic civil society with the full and equal participation of men and women, including free, active and independent media and human rights defenders communities. The role of trade unions and employers’ organizations can also be very important in this context. 38 38

39 Links between national, regional and international protection systems
Int’l Global & regional protection are complementary Global & regional norms require national implementation The international human rights treaty system may seem focused on the international level, yet, clearly, it is at the national level that the promotion and protection of human rights matters most. The internationally agreed standards set out in the treaties require effective national level implementation in order to ensure that they are enjoyed by all men, women and children in each country. International and regional human rights mechanisms have an important role in supporting efforts to strengthen the protection of human rights at the national level. Firstly the process of reporting to treaty bodies and other international human rights mechanisms, including the ILO Committee of Experts, is in itself an important part of the development of a national human rights protection system. Secondly, the outputs of treaty bodies and ILO supervisory bodies provide States with practical advice and assistance on how best to implement the treaties. The outputs of the treaty bodies and other international human rights mechanisms can provide states, as well as UN country teams and donors on useful guidance on where more action is required to strengthen national protection of human rights. Regional arrangements play a fundamental role in promoting and protecting human rights. They should reinforce universal human rights standards as contained in international human rights instruments and their protection. The 1993 world conference on human rights endorses efforts under way to strengthen these arrangements and increase their effectiveness, while at the same time stressing the importance of cooperation with the UN human rights activities. The World Conference on Human Rights reiterates the need to consider the possibility of establishing regional and sub-regional arrangements for the promotion and protection of human rights where they do not already exist. The international and regional human rights regimes can provide international protection of human rights. For example, some Treaty Bodies act as a quasi-judicial body examining individual cases of alleged violations. The Optional Protocols to CCPR and CEDAW, and optional clauses in CERD, CAT and the CMW provide for such procedures. The committees examine such complaints culminating in a final, non-binding decision that declares the complaint either inadmissible or admissible, and — in the latter case — issues an opinion on the merits (determining whether the complainant’s human rights have been violated). As established in the CCPR Optional Protocol, the individual must have exhausted all available domestic remedies before recurring to the committee. This shall not be the rule where the application of the remedies is unreasonably prolonged. The ILO supervisory system allows complaints to be submitted by trade unions or employers’ organizations, and domestic remedies do not need to be exhausted in order to bring a complaint. International and regional judicial and quasi-judicial protections are complimentary. This means that there is no hierarchy between both systems. When domestic remedies are exhausted, the individual has to chose whether to appeal to the Human Rights Committee or the Inter-American Commission, for example, but not to both of them. National norms should be consistent with global and regional standards 39 39

40 Human rights – a closer look
HIDDEN SLIDE

41 Human rights obligations
Duty-bearers Right to water Respect Protect Fulfill Do not disconnect supply without due process Pro-poor price regulation when supply is privatized Ensure, over time, everyone is connected Continuing with the idea in the previous slide that the State is the primary duty bearer under international law, explain that: States Parties have specific obligations to respect, protect, and fulfil the rights recognized in the treaty and to take the necessary action towards their implementation. All rights, to varying degrees, entail obligations of an immediate kind, such as the obligation not to discriminate in the realization of the right in question. In the case of economic, social and cultural rights in particular, obligations can also be of a progressive kind, the realization of the right being subject to resource constraints. the obligation to respect the human rights of all people within its jurisdiction, meaning abstaining from any conduct or activity that violates human rights. This obligation requires States to ensure that human rights are fully respected in state policies, laws and actions, including those of public officials. the obligation to protect the human rights of all people without discrimination from violations by state and non-state actors including individuals, groups, institutions and corporations. This obligation requires States to ensure that everyone enjoys their human rights within their jurisdiction by protecting their human rights from the actions of individuals and groups including corporations, institutions, and public and private bodies. This protection is achieved primarily through the enactment of laws and the establishment of redress procedures, as well as through national mechanisms to monitor human rights violations. the obligation to fulfil (or ensure) human rights by creating an enabling environment through all appropriate means particularly through resource allocation. This obligation requires States to take establish measures to ensure the realisation of human rights such as legislative, administrative, or other measures in order to give effect to the rights recognized in the treaty. The International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child both provide that States should “take steps, to the maximum of available resources, towards the progressive achievement of the full realisation of these rights.” Thus, the State must take steps such as by setting goals, targets and timeframes for their national plans for fulfilling rights, which may also include seeking international development assistance. The obligation to fulfil includes promoting respect for human rights and fundamental freedoms through, for example, human rights education and training, and ensuring that human rights principles and standards recognized in the human rights treaties are widely known, as well as other measures necessary to prevent violations of human rights. Refrain from interfering with the enjoyment of rights Prevent others from interfering with the enjoyment of rights Adopt appropriate measures towards full realization of rights 41

42 Duty-bearer’s obligation to
Respect Protect Fulfill Refrain from interfering with the enjoyment of the right Prevent others from interfering with the enjoyment of a right Adopt appropriate measures towards full realization of the right MoH guidelines, training, supervision to ensure that HIV status is not used to determine access to health care Labour law & MoL guidelines that makes mandatory HIV testing illegal for job applications Reform of property and inheritance rules to help women cope with impacts of HIV and AIDS Examples HIDDEN SLIDE This slide offers some concrete examples of the 3 duty-bearer obligations explained in the previous slide, using HIV When debriefing the slide, focus on the bottom row of boxes as examples of the State fulfilling its role as a duty bearer to people at risk of, or living with, HIV and AIDS. Time permitting, do the following in plenary discussion: Ask participants to identify the right or rights which are affected by the examples of State action – also see if they can name a specific convention or treaty that establishes the right Boxes from left to right: Box 1: Right to health (UDHR Art. 25; ICESCR Art. 12; CEDAW Art. 12; CRC Art. 24) Box 2: Right to privacy (ICCPR Art. 17); Right to liberty and security of person (ICCPR Art. 9) Box 3: Women’s right to legal capacity and equality within the family (CEDAW Art . 16); Right to protection of the family (UDHR Art. 16); plus, possibly, a range of children’s rights 2. Ask participants to identify some recent actions by the State or other responsible parties for each of Respect, Protect, and Fulfill Women’s right to legal capacity and equality in the family CEDAW Art . 16 Right to protection of the family UDHR Art. 16 A range of children’s rights CRC Right to privacy ICCPR Art. 17 Right to liberty and security of person ICCPR Art. 9 Right to health UDHR Art. 25, ICESCR Art. 12; CEDAW Art. 12; CRC Art. 24 42

43 Dimensions/Elements of HR
Availability Accessibility Non-discrimination Physical accessibility Economic accessibility (affordability) Acceptability Adaptability Quality Appropriateness HIDDEN SLIDE Availability : facilities, services, goods and programmes must be available in sufficient quantity within the State party. Accessibility: facilities and services relating to the enjoyment of any given right have to be accessible to everyone without discrimination. Accessibility has four overlapping dimensions: i) physical accessibility meaning that facilities and services must be within safe reach for all sections of the population; ii) economic accessibility meaning that facilities and services must be affordable for all and whatever costs and charges involved must not compromise or threaten the realization of other rights; iii) non-discrimination meaning that facilities and services must be accessible to all including the most vulnerable or marginalized sections of the population, in law and in fact without discrimination on any of the prohibited grounds; and iv) information accessibility which includes the right of everyone to seek, receive and impart information concerning the right question. Acceptability: laws, policies, strategies, programmes and measures should be formulated and implemented in a way that is acceptable by the individuals and communities involved. Consultation and participation processes are key in this context. Adaptability: requires strategies, policies, programmes and measures adopted by States parties to be flexible and relevant so as to respond to the needs of changing societies and communities and to the needs of different within their diverse social and cultural settings. Quality: facilities, services and goods relating to the enjoyment of any given right must be scientifically appropriate and of good quality. Appropriateness: refers to the realization of a specific human right in way that is pertinent and suitable to a given cultural modality or context, that is, respectful of the culture and cultural rights of individual and communities, including minorities and indigenous peoples. 43

44 Progressive realization of economic, social and cultural rights
The Covenant provides that States can progressively realize ESC rights: But some aspects need immediate actions: By taking appropriate measures To the maximum of available resources Where needed, through international assistance and cooperation Elimination of discrimination Rights that are not resource-dependent Obligation to ‘take steps’ and have targeted measures, irrespective of resource constraints Avoid retrogressive measures ‘Minimum core obligations’ HIDDEN SLIDE

45 International humanitarian law
A set of rules to limit the effects of armed conflict Protects persons who are not or are no longer taking part in hostilities Restricts the means and methods of warfare The Four Geneva Conventions: On the care of the wounded and sick members of armed forces in the field On the care of the wounded, sick and shipwrecked members of armed forces at sea On the treatment of prisoners of war On the protection of civilians at war Optional Protocols and other instruments HIDDEN SLIDE NOTES TO BE UPDATED International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict. International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practice considered by them as legally binding, and in general principles. International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter. In 1949 four Geneva Conventions, which are still in force today, were adopted, each of them dealing with the protection of a specific category of persons who are not, or are no longer, taking part in hostilities: First Convention: on the care of the wounded and sick members of armed forces in the field Second Convention: on the care of the wounded, sick and shipwrecked members of armed forces at sea Third Convention: on the treatment of prisoners of war Fourth Convention: on the protection of civilian persons in time of war. The Geneva Conventions of 1949 are a legacy of World War II. Starting from the tragic experience gained in that conflict, they greatly improve the legal protection of war victims, in particular of civilians in the power of the enemy. Today, practically all States are party to the 1949 Geneva Conventions. Accepted as they are by the whole community of nations, they have become truly universal law. The 1993 Vienna Declaration and Programme of Action called on all parties to armed conflicts to strictly observe international humanitarian law along with the minimum standards required to protect human rights. It was therefore recognized that human rights law and humanitarian law should be regarded in an integrated and holistic manner, which means that the individual is protected at all times by human rights law, as well as by humanitarian law during war or other hostilities. The Vienna Declaration and Programme of Action, further confirmed that “violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of human rights and humanitarian law” and that they require a “particularly effective response”. 45 45

46 Check on…. …Status of ratification
…Whether a Country’s pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits …Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies) UPDATE – HURITALK – HR INDEX The output of TBs and SPs is available in OHCHR’s web page (www.ohchr.org). {also link to comments of ILO Committee of Experts – then to applis database} The page provides for each country the following information….(read from the slide) The page also provides a link to the Treaty Body database where the State party reports and all the documentation issued by the Treaty Body can be found A calendar of events provides an excellent opportunity for UNCTs to prepare in advance inputs for upcoming sessions of Treaty Bodies as well as visits of Special Procedures. In consultations with UNCTs, OHCHR additionally produces Country Profiles which highlight the key TB and SP recommendations for the country in order to facilitate their use by UNCTs and UN agencies in country analysis and programming. Country profiles are not available at the web page but can be requested from the concerned Country Desk officer (indicated in the page) The page Also provides linkages to the Geneva Conventions, the Refugee Conventions (Humanitarian Law) and the ILO conventions ratified by the country. Where applicable, there is a link to the corresponding regional regime. If available, there is also a link to national human rights protection systems, including information from the national ombudsman or National Human Rights Institutions. 46 46


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