HURITALK 2007

1. HURITALK 2007 Strengthening Engagement with the International Human Rights Machinery A Practitioners’ Guide

2. Table of Contents • Background & Scope • UN Treaty Bodies • Special Procedures • FAQs • Information Sources

3. Background “We resolve to integrate the protection & promotion of human rights into national policies and to support the further mainstreaming of human rights throughout the UN system.” 2005 World Summit Outcome - General Assembly

4. HURITALK 2007 Review • 7-week e-discussion: how can in-country practitioners benefit from Treaty Bodies & Special Procedures? • Received substantial input from large & diverse group (UN practitioners, agencies, NGOs, other experts) • Best practices were outlined in country case studies; challenges and concerns also highlighted • Request: practical guidance to practitioners

5. Summary Brief Contents • Treaty Bodies & Special Procedures: cornerstones of “International Human Rights Machinery” • Concrete benefits of improving communication & cooperation human rights machinery and practitioners • Practical guidance, links, and real-life examples • Answers to Frequently (un)Asked Questions

6. Does this Apply to Me? Do Treaty Bodies or Special Procedures apply to my country? Check your country page: http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx

7. Table of Contents • Background & Scope • UN Treaty Bodies • UN Special Procedures • FAQs • Information Sources

8. UN Treaty Bodies - Background • Each Treaty Body monitors a human rights treaty • HRC – Civil & Political • CESCR – Economic, Social & Cultural • CERD – Racial Discrimination • CEDAW – Discrimination Against Women • CAT – Torture • CRC – Rights of the Child • CMW – Rights of Migrant Workers • All countries have ratified at least one treaty, most have ratified more than one

9. UN Treaty Bodies - Activities Concluding observations & recommendations Periodic review & dialogue with States More detail on meaning of rights Basis for Treaty Body action

10. EncourageSigning & RatifyingAdd’l Treaties KnowGovernmentPromises AssistGovernmentto Deliver Treaty Body Benefits - Treaties • Usefulness to practitioners & UNCTs • Programming that helps gov’t keep commitments • Cooperation with NGOs & others on treaty content • Use treaties to build local awareness and dialogue

11. Compare to Programming Authoritative Independent Source UnderstandRights inDetail Treaty Body Benefits - Comments • Usefulness to practitioners & UNCTs • More concrete detail to assess in-country situation • May suggest additional or future programming • Important “stamp of approval” of current goals

12. Treaty Body Benefits - Reporting • Usefulness to practitioners & UNCTs • Know content of prior gov’t reports • Know if reports are coming due or are overdue • Understand past recommendations to your gov’t • Cooperation with government on State report • Interaction with NGOs to provide add’l information • Treaty Body recommendations as programming • Involvement in follow-up facilitates gov’t dialogue

13. Reporting Cycle & Input State submits Report Informal Report or Addt’l Info. Opportunity for Practitioner Input State submits Responses

14. UNDP Rwanda– Reporting Capabilities • Current lack of clarity within government regarding reporting requirements has led to significant delays • Reporting to CRC, however, has been a recent success thanks to UNICEF’s active participation • Using CRC success to strengthen government - Treaty Body links • December 2006: training session on reporting capabilities for gov’t officials • “Action 2” Initiative: UNDP Rwanda to assist in preparing overdue reports in cooperation with the Rwandan Ministries of Foreign Affairs, of Justice, and of Youth, the National Human Rights Commission, UNCTs and CSOs • Creation of coordination framework for human rights: all domestic stakeholders to dialogue and build capacity in human rights monitoring, promotion, implementation and the preparation of “shadow reports”.

15. UNDP Philippines– Joint Action • In 2006, UNIFEM supported preparation of CEDAW report by both gov’t & NGOs • UDNP Philippines submitted its own report for the first time directly to CEDAW • Several NGOs were allowed to send a delegation to present their report directly to CEDAW • Strong initial cooperation led to inter-agency focus on recommendations & follow-up, including pooling of funds for implementation • UNDP Philippines along with UNICEF, UNIFEM, UNFPA and UN Habitat are actively advocating and building capacity for gender equality law • The Philippine reproductive health bill, the anti-prostitution bill, and the domestic workers’ bill are all direct results

16. Treaty Bodies Checklist • Which treaties/reservations? • Reports status: due/overdue? • Concluding Observations and recommendations? http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx • General Comments of all Treaty Bodies? http://www2.ohchr.org/english/bodies/treaty/comments.htm • Members of Treaty Bodies by country? http://www.unhchr.ch/tbs/doc.nsf/Committeefrset?OpenFrameSet • Text of treaties and conventions related to human rights? http://www2.ohchr.org/english/law/index.htm

17. Table of Contents • Background & Scope • UN Treaty Bodies • UN Special Procedures • FAQs • Information Sources

18. Special Procedures - Background • Independent experts mandated to review • Human right situations in specific countries See country mandates:http://www2.ohchr.org/english/bodies/chr/special/countries.htm • Causes for human rights violations worldwide See thematic mandates:http://www2.ohchr.org/english/bodies/chr/special/themes.htm • Country visits depend on government invitation & cooperation

19. SpecificAction Itemsfor Stakeholders Global Themesor Country-Specific DetailedAnalysis ofIssue/Context Benefits of Recommendations • Usefulness to practitioners & UNCTs • Understand your country’s human rights situation • Define key aspects of rights violation & promotion • Useful programming additions/validation

20. SubstantialGlobal Focus on Country Visits CloseCoordinationof Stakeholders Non-MissionVisitsPossible Benefits of Country Visits • Usefulness to practitioners & UNCTs • Inform mandate holder on critical focus areas • Strengthen links to gov’t and all other stakeholders • Raise awareness, dialogue & benefit from expertise

21. Benefits of Follow-Up Activities • Usefulness to practitioners & UNCTs • Provide comments on draft reports • Recommendations as programming • Support gov’t implementation & capability • Platform for long-term advocacy & dialogue • Disseminate findings to raise awareness

22. UNDP Kenya– Mission Preparation • 2006: 2-week visit from Special Rapporteur Indigenous People (IP) • UNDP Kenya was in contact with SP right after visit announcement and formed two preparation committees to prepare • Goals: success for SP fact-finding & using visit to raise awareness on difficult issues • Committee with the Ministry of Justice: facilitate government coordination • Committee with NHRI and CSOs: establish joint national ownership of visit • Better visit logistics and assistance to Special Rapporteur; • Better background information prior to visit • UNDP Kenya organized meetings also with donors, other UN agencies and the press to raise awareness not only on IPs, but also on Special Procedures

23. UNDP Niger– Mission Follow-Up • Longstanding tradition of SP cooperation • 2006: Special Representative on Human Rights Defenders uses UNDP Niger’s input as basis for report to Human Rights Commission • UNDP Niger circulates report widely, resulting in renewed domestic dialogue regarding Human Rights Defenders • 2001 and 2005: visits by Special Rapporteur on Right to Food, Jean Ziegler • SR’s reports continue to be important reference documents for practitioners working with food issues in Niger • Recommendations based on responsibilities of both “rights holders” and “duty bearers” have led to ongoing dialogue with gov’t and have influenced programs

24. UNCT Ecuador – Mission Support & Implementation • Two Special Rapporteurs visited Ecuador in 2005/2006: Leandro Despouy (Independence of Judges & Lawyers) and Rodolfo Stavenhagen (Indigenous Peoples) • Through UNDP & OHCHR, UNCT Ecuador provided information, UN support teams, Ministry of Foreign Affairs coordination, & UN local agency meetings • Press conferences after each visit present Rapporteurs’ preliminary conclusions and recommendations; final reports circulated widely through UNCT website/e-mail; key recommendations discussed in UN radio programs • Both Rapporteur’s recommendations led to substantial UN coordination & institution building and influenced in-country programming • Given this success, UNCT Ecuador was asked to contribute to a Rights & Democracy seminar regarding Special Procedures best practices Photo: Jose Parra

25. UNCT Uzbekistan– Joint Advocacy & Implementation • Special Rapporteur on Torture, Theo Van Boven, conducts visit at government’s request in 2002 • UN Resident Coordinator (UNRC) receives guidelines from OHCHR and UNDP provides all required support to facilitate mission • Final report contained 22 specific recommendations • Government announces willingness to cooperate with international community to implement recommendations, and UNRC leads high-level meeting resulting in Action Plan for Implementation • Donor community asks UNRC to coordinate technical assistance strategies of the international community through a Donor Working Group (WG) • International NGOs and local CSOs participate in WG consultations • Action Plan approved by Prime Minister in March 2004

26. Special Procedures Checklist • Prior visits to our country? Standing invitation? • Prior reports and recommendations? Upcoming visits? http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx • Which country mandates exist? http://www2.ohchr.org/english/bodies/chr/special/countries.htm • Which thematic mandates exist? http://www2.ohchr.org/english/bodies/chr/special/themes.htm • What are Crosscutting Themes? http://www2.ohchr.org/english/bodies/chr/special/thematic.htm • How can we contact Special Procedures? http://www2.ohchr.org/english/bodies/chr/special/contact.htm

27. Table of Contents • Background & Scope • UN Treaty Bodies • Special Procedures • FAQs • Information Sources

28. Frequently (un)Asked Questions • On Treaty Bodies An introduction to the UN Human Rights Treaty System:http://www2.ohchr.org/english/bodies/docs/OHCHR-FactSheet30.pdf • On Special Procedures 17 Frequently Asked Questions on UN Special Rapporteurs:http://www2.ohchr.org/english/about/publications/docs/factsheet27.pdf • On a Human Rights Based Approach to Development 30 Frequently Asked Questions:http://www.undg.org/docs/7658/FAQ_en.pdf

29. Table of Contents • Background & Scope • UN Treaty Bodies • UN Special Procedures • FAQs • Information Sources

30. Useful Information Sources • UN High Commissioner for Human Rights Substantial information on all HR related bodies:http://www2.ohchr.org/english/bodies/index.htm Country Pages – Treaty Bodies and Special Procedures:http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx • United Nations Development Group Bringing together the operational agencies working on development:http://www.undg.org/ • Treaty Bodies Reports and Jurisprudence (Cases) Database for full reports and cases by country and by theme:http://www.bayefsky.com

31. Useful Information Sources (cont’d) • Human Rights Factsheets 30 Factsheets providing summaries of human rights topics:http://www.ohchr.org/EN/PublicationsResources/Pages/FactSheets.aspx • Special Issues Papers In-depth analysis on human rights topics:http://www.ohchr.org/EN/PublicationsResources/Pages/SpecialIssues.aspx • OHCHR Training & Education Materials Handbook on human rights for UN staff:http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx

32. HURITALK 2007 Strengthening Engagement with the International Human Rights Machinery A Practitioners’ Guide