United Nations Human Rights System UN Human Rights

United Nations Human Rights System UN Human Rights Council Universal Periodic Review, and interaction of CSO and NHRIs. By Liza Sekaggya; Human Rights Officer; OHCHR Uniting Nations by Learning Together

Summary of presentation Role of OHCHR vs CSOs How CSOs engage with HR system in general and UN Human Rights Council Mechanisms in particular Useful links, information and publications Uniting Nations by Learning Together

What does OHCHR do? Promote and protect all human rights Monitoring, reporting and advocacy Capacity building, advisory services HR Mainstreaming Research Support to UN human rights mechanisms Work with partners Uniting Nations by Learning Together

More than 60 field presences Uniting Nations by Learning Together

OHCHR Thematic Priorities (2014 -2017) 1. Strengthening international human rights mechanisms 2. Integrating human rights in development and in the economic sphere 3. Early warning and protection of human rights in situations of conflict, violence and insecurity 4. Enhancing equality and countering discrimination, in particular racial discrimination, discrimination on the grounds of sexual orientation and gender identity, religion and against others who are marginalized 5. Combating impunity and strengthening accountability and the rule of law 6. Widening the democratic space Uniting Nations by Learning Together

OHCHR –National institutions, Regional Mechanisms and Civil Society Section 1. Support to establishing and strengthening NHRIs 2. Focal point for cooperation between UN and Regional HR Mechanisms 3. Civil society Uniting Nations by Learning Together

Civil Society Unit ü strengthen systematic interaction with Civil Society and make it more coherent ü develop policy advice (engagement framework) ü ensure that Civil Society concerns and priorities are shared with the HC and SMT ü develop OHCHR's work for human rights defenders and other actors ü Provide technical assistance and capacity building Uniting Nations by Learning Together

il society actors include: ü Human rights defenders (on-line activists) ü Human rights organizations ü Coalitions and networks ü Community based groups ü Faith-based groups ü Unions Uniting Nations by Learning Together ü Social movements ü Professionals contributing directly to the enjoyment of human rights ü Relatives of victims

What are the conditions for a free and independent civil society work? - Conducive political and public environment - Supportive regulatory framework - Access to information - Long-term support and resources - Shared spaces for dialogue and collaboration Uniting Nations by Learning Together

Why does OHCHR engage with civil society? ü Strengthen role of key agents of change at national and international levels ü Contribute to the advocacy for the full enjoyment and exercise of public freedoms ü Provide information on the UN Human Rights system ü Strategic priority for OHCHR: widen, deepen and improve the quality of participation of civil society in the work of the United Nations ü Receive contributions to input the work of the human rights mechanisms Uniting Nations by Learning Together

Promoting civil society participation ü Civil society in OHCHR planning ü Support engagement with the UN human rights system ü On-line systems ü Identifying new constituencies ü Expanding and strengthening the broadcast service ü civilsociety@ohchr. org Uniting Nations by Learning Together

The human rights legal framework – Universal Declaration of Human Rights (1948) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, 1965) International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) International Covenant on Civil and Political Rights (ICCPR, 1966) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1984) Convention on the Rights of the Child (CRC, 1989) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW, 1990) Convention on the Rights of Persons with Disabilities (CRPD, 2006) International Convention for the Protection of All Persons from Enforced Disappearance (ICPED, 2006) Uniting Nations by Learning Together

Recap: The UN Human Rights System Bodies interpreting and monitoring international human rights standards • UN Treaty-based bodies • Nine human rights treaty bodies (“committees”) established under the core international human rights treaties: Tasked to assist States in the implementation of these treaties. • Treaty body: Independent body OHCHR SECRETARIAT • UN Charter-based bodies • Mechanisms established under the Human Rights Council: – Special Procedures – Complaint Procedure – Universal Periodic Review • Human Rights Council: Inter-governmental body

How to bring HR issues to the UN – General overview of routes to follow CHARTER-BASED: Special procedures (urgent appeals, country visits) Human Rights/ councild Protection on Human Rights: plenary session , UPR process, complaints process TREATY-BASED: Reporting procedure (all TBs) Individual complaints (e. g ICCPR-OP, ICERD, CAT, CEDAW-OP, CMW) Inquiry procedures (CAT; CEDAW-OP) Early warning (ICERD) OTHER: Good offices of the High Commissioner OHCHR/MN Sept 2004 14 05/11/2020

Civil Society can engage with all UN Human Rights mechanisms OHCHR HQ and Field Offices Universal Periodic Review Human Rights Council Civil Society interaction Treaty Bodies Consultations review processes Special Procedures

How do UN Human Rights Mechanisms work?

NHRI/CSO interaction with the international human rights system at a glance: a two-way, mutually reinforcing process NHRIs/CSOs contribute to raise awareness on and advocate for compliance with the international human rights system NHRIs/CSOs contribute to the translation of international human rights norms into the national system NHRIs/CSOs provide independent local expertise on the national human rights situation (e. g. on domestic laws and policies; incl escr rights) NHRIs disseminate recommendations from the international system and conduct follow up action

How can Civil Society engage with the UN Human Rights Mechanisms?

The Human Rights Council • • Established in March 2006 by GA Res. 60/251 Inter governmental process 47 Member states 3 sessions a year (March, June, September) Mandate • Promoting universal respect for the protection of all human rights • Address situations of violations of human rights, including gross and systematic violations(complaints procedure) • Serve as a forum for dialogue on thematic issues 19 OHCHR • Contribute towards the prevention of human rights

The Human Rights Council Issues on Agenda this week: Syria commission of inquiry report Report on Disabilities (OHCHR) Appointment of new Special Rapporteur UPR reports presented 20 OHCHR

1. NHRI /CSOs Participation in the Human Rights Council Access to sessions based on practice of Commission on Human Rights – i. e. NHRIs with “A status” can: make oral statement under all agenda items (directly or through the GANHRI Representative in Geneva) submit documents – own symbol number take separate seating CSOs Attend Council sessions delivered statements (if they have ECOSOC status) on various issues contribute to OHCHR thematic reports tabled at the Council hold parallel events during Council sessions

Universal Periodic Review • Res. 5/1 of 18 June 2007 • Objectives: improvement of HR situation and assist the fulfillment of obligations of States Opportunity for State under Review (Su. R) to report on the HR situation in the country • Periodic process (4 -year cycle) • Peer review (cooperative and intergovernmental) –troika(3 states WG) • Participatory (interactive dialogue, stakeholders) 22 OHCHR • Complementary (no duplication of other

Basis for UPR Review 1) National report • Prepared by the Su. R after consultation process between Government ; civil society; NHRIs • 10 700 words (approximately 20 pages) 2) Compilation of information from Treaty Bodies, Special Procedures and other United Nations documents • Prepared by OHCHR • 5350 words (approximately 10 pages) 3) Summary of stakeholders’ submissions • Prepared by OHCHR • 5350 words (approximately 10 pages) 23 OHCHR

UPR - Stages of the review PREPARATION BY THE SUR REVIEW BY THE HRC WORKING GROUP ADOPTION OF THE WG REPORT IMPLEMENTATION HRC PLENARY OHCHR 24

1. CSO/NHRI participation in the Universal Periodic Review CSOs/NHRI role prior to, during, and following UPR In the UPR, CSOs/NHRI participation can include: contributing information to the stakeholders’ report; making general comments at the UPR session; disseminating the UPR outcome; drawing up an action plan or strategy to contribute to the implementation of the UPR outcome; following-up to the UPR outcome, as appropriate in cooperation with State entities; monitoring implementation.

Useful links • OHCHR: www. ohchr. org • Universal Human Rights Index: http: //www. universalhumanrightsindex. org/ • Official Documentation System of the UN (ODS) http: //documents. un. org

Additional Tools Technical Guidance for the Submission of Stakeholder’s information (UPR) http: //www. ohchr. org/EN/HRBodies/UPR/Pages/Ngos. Nhris. aspx Information note on NHRI participation in the Council http: //www 2. ohchr. org/english/bodies/hrcouncil/nhri. htm Information for NHRIs www. nhri. ohchr. org Contact/ Liza Sekaggya email Lsekaggya@ohchr. org

HRC complaints procédure üaddresses consistent patterns of gross and reliably attested violations of all human rights and fundamental freedoms occurring in any part of the world and under any circumstances ü Two distinct working groups: the Working Group on Communications and the Working Group on Situations, ümandate to examine the communications

HRC complaints procédure 1503 to bring to the attention of the Council consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms.

The complaint procedure in figures -Between 1800 to 5000 communications are submitted by: -Individuals, groups of persons and NGOs to the Human Rights Council's Complaint Procedure each year. -Confidential nature of the complaint procedure: enhances collaboration with States to find solutions to specific human rights situations ; some States took concrete measures to redress some reliably attested violations: includes the release of detainees and the adoption of amnesty laws, the granting of compensation, as well as, independent and impartial domestic investigations.

-An average of 5018 communications have been referred by the Working Group on Situations to the Human Rights Council. -The Council recommended OHCHR to provide technical cooperation, capacitybuilding assistance or advisory services to 2 States namely the DRC and Iraq. -Members states respond positievely. The response rates to communications (deemed admissible) remain higher than 80 per cent.

- There is increased engagement, synergy and complementarity between the procedure and other international, regional and national complaint procedures in the field of human rights, in particular, the special procedures of the Human Rights Council, the Inter-American Court of Human Rights and the Inter. American Commission on Human Rights, as well as the national human rights institutions.

Resourcessome copies available in meeting - Handbook in all 6 UN languages, plus Farsi, Georgian, Japanese and Nepali - Handbook also available in DAISY / Braille for persons with visual disabilities - Animated videos in 15+ languages http: //www. ohchr. org/EN/About. Us/Pages/Civil Society. aspx - Civil society webpage (same link) - Series of Practical Guides for civil - Subscribe to weekly updates: http: //goo. gl/O 8 snt

34

Thank You! Questions? Uniting Nations by Learning Together