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 62