UNDP-OHCHR TOOLKIT
NHRIs face particular demands and challenges in times of
conflict, such as:
11 Training, education and public awareness:
the NHRI may
wish to redouble efforts in community-based training
in human rights especially with regard to the need to
respect the rights of minorities. Where large numbers
of persons are displaced by the conflict, human rights
education may also be required for host populations;
11 Investigation:
NHRIs should be aware of particular
human rights problems that may occur in situations of
conflict, such as the use of child soldiers or the use of
sexual assault as an instrument of war. Another important issue is confidentiality and protection of witness/
victim identity;
11 Monitoring Human Rights: The
NHRI may be required
to monitor events rather than investigate them since
full-scale investigations may not be either desirable or
possible. This will require the monitors to fully understand the human rights and humanitarian law norms
that apply; and
11 Advice to the Government: NHRIs
will likely face criticism when holding Government to account during
times of conflict. Certain human rights are not
subject to derogation, and an NI must remind the
Government of this fact when necessary. Also, certain
international rights norms apply to all combatants
including insurgent groups.
In times of conflict, UNCTs may undertake efforts
to support NHRIs and thereby reinforce their core
protection mandate:15
11 provision
of training in and materials on humanitarian
law, the rights of displaced persons and refugees, the
particular situations involving child soldiers, sexual
assault, etc.;
11 facilitation
of the exchange of information on
approaches and best practices that other NHRIs,
or UNCTs, may have gathered through their
own experiences;
11 participation
in joint programming, community
outreach, monitoring and providing advice to the
Government; and
11 public
support to the NHRI so that it is not isolated.16
4.9 Strengthening the Core Protection
Mandate of NHRIs
If a NHRI cannot or will not investigate major cases
involving core protection, experience shows that the NHRI
is generally perceived to have failed in its work. When
such an NHRI is established through UN assistance and
support, experience shows that the UN may be perceived
- rightly or wrongly - as sharing in that failure.
Despite the critically important nature of core protection
issues, in-country experience shows that coverage of
human rights issues in these areas is uneven. Some NHRIs
are not addressing these issues to the extent that they
could, as shown in the following scenario, drawn from
facts from three countries.
>> Scenario: Is the NHRI Focusing on Core Protection Issues?
You have been asked to handle the governance files
in a developing country, and one of the files includes
the NHRI capacity building project. The NHRI in the
country has been in operation for almost seven years,
and has a broad mandate to protect human rights,
including civil and political rights.
The country has a history of serious and well
documented problems regarding human rights violations in the area of rule of law generally and on the
issues of torture and arbitrary detention more specifically. There are regular complaints about the lack of
follow up on complaints of forced disappearances,
which are especially severe in a part of the country
occupied by a national minority.
When you review the file and request statistics, you
discover that the majority of cases at the NHRI are
not complaints about these “core” issues at all! Rather,
about 80% are from public sector employees about
discrimination related to their salaries, promotions
or dismissals.
There is a possibility that the accreditation of the
NHRI will be downgraded, following complaints from
NGOs about failure to follow up on complaints of
forced disappearances and torture.
You are asked for concrete suggestions to help the NHRI
get back on track and enhance the confidence of the
citizens in its capacity to address core protection cases.
OHCHR National Institutions Unit. 2007. “Information Note: The Role of The UNCT in Establishing or Strengthening A National Human Rights Institution”
15
OHCHR National Institutions Unit. 2007. “Information Note: The Role of The UNCT in Establishing or Strengthening A National Human Rights Institution”
16
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