UNDP-OHCHR TOOLKIT
Key concepts
UNCTs are being requested to support NHRIs in a rapidly
changing environment where the concepts underlying
NHRI are experiencing rapid change. Here are some of the
key concepts addressed in the Toolkit.
A complex governance environment: The number of
NHRIs themselves has more than tripled since 1993; there
are now about sixty Paris Principle-compliant institutions.
As the number of NHRIs has proliferated, so has their
complexity. Several institutions have multiple mandates dealing not only with human rights, but also with
mandates like mal-administration and anti-corruption.
As well, NHRIs frequently share the field with other national
institutions, such as independent “classic” ombudsman
offices, gender commissions, commissions or offices for
children or for elderly, and special institutions or commissions for Indigenous peoples, to name but a few. UN
staff need to take a dynamic approach to working with all
these institutions, as well as NHRIs, recognising that there
is no “one way” or single style of institutional approach to
human rights or its institutional structure.
NHRIs themselves exist on a spectrum of compliance with
the Paris Principles ranging from fully to partially compliant, and to institutions that are not compliant at all.
NHRI effectiveness: In some countries, there is growing
scepticism about whether NHRIs are as effective as one
might like. Clearly, no NHRI can function well in an environment where the state has failed, where the institution
itself is under attack, or less dramatically, when its independence and effectiveness are undermined. In short,
it is rare that an NHRI can be more effective or stronger
than the governance structure or environment in which
it operates. UNCTs may be therefore being requested to
engage in parallel efforts to strengthen the State, which
will involve efforts to strengthen NHRIs themselves.
NHRIs are judged on how well they handle core
protection issues related to the rule of law and the
administration of justice. UNCTs should focus on supporting NHRIs in this crucial area (where the NHRIs in
fact have authority under law) especially in relation to
issues such as preventing torture, forced disappearances, arbitrary detention, and the abuse of power
more generally, including by law enforcement and
security forces.
11 Many
well, NHRIs have the potential to support
development processes, by mainstreaming human
11 As
x
rights, including economic, cultural and social rights,
into democratic governance, poverty reduction, and
achieving the Millennium Development Goals.
11 Ensuring
equality between men and women is an
overarching and cross-cutting theme in all NHRI work.
11 NHRIs
need to be supported when they are engaging
in issues that are controversial or that are designed to
protect the rights of specific groups. NHRIs frequently
come under attack by governments, the media,
civil society, and by powerful social forces that are
opposed to NHRI human rights objectives. The UNCT
staff could play an important role in this regard and
could help build alliances with these groups.
Donor coordination: NHRIs can find themselves the
“targets” of multiple donors looking to develop programmes and build capacity. Sometimes, NHRIs are
fragile, institutionally or financially: this may make it difficult to raise funds or in some cases refuse donor money
or to meet the demands imposed by technical assistance
projects (integrating consultants into work processes,
finding time for training, fulfilling reporting requirements,
etc.) of various projects. It is not unusual to find NHRIs
faced with various training and technical assistance projects that they cannot absorb, or which are duplicative,
or which operate at cross purposes. The UN can play an
important role supporting and coordinating well-intentioned efforts so that they do not inadvertently weaken
the very institutions they set out to help. Coordination
efforts can ensure that programming is a function of NHRI
needs, and thus demand, rather than supply. Multilateral
or bilateral cooperation efforts can be important strategies to minimise duplication and enhance effectiveness.
UN effectiveness: A key area of interest for UN Country
Offices is how to do engage and deliver support to NHRIs
“as one” within the UN system. Support to NHRIs is, in many
countries, a joint UN project (with some countries having
OHCHR, UNDP, UNICEF, UNIFEM supporting the project).
UNCTs need to know how to initiate, manage and coordinate such projects in a manner that is internally consistent
and that is coherent for the NHRI and other national actors.
These issues are discussed in Chapters 6-9.
Finally, and crucially, this Toolkit helps to answer the
question of whether UNCTs have made a difference.
Do they assist NHRIs in carrying out their work more
effectively and efficiently? How is this measured? How
do UNCTs assess the outcomes and impacts of projects
designed to help NHRIs?
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