INTRODUCTION
Supporting this delicate balance, while ensuring that the
central and core elements of NHRIs’ functions – promotion
and protection of human rights - are achieved effectively,
is an overarching theme of this Toolkit. Providing UNCT
staff with the tools to do this work is its central goal. As
well, other members of the UN system will have an
interest in furthering their understanding of how to work
with NHRIs. Indeed, UN inter-agency cooperation is integrated into the Toolkit, in order to reflect ongoing UN
reform efforts to assist countries to strengthen national
protection systems and thus advance human rights at
the country level.
UN inter-agency cooperation
The Secretary-General’s 2002 report on UN reform, the
UN High Level Panel on System-Wide Coherence, and
the 2005 World Summit have expressed a desire to foster
greater UN inter-agency cooperation in advancing human
rights.4 This has become a topic of inter-agency concern.
There is a need to foster UN inter-agency cooperation
in supporting and collaborating with NHRIs. While both
UNDP and OHCHR are the lead agencies in supporting
NHRIs, it is also important for other UN agencies, to
strengthen engagement with NHRIs in achieving common
goals. In relevant instances, the Toolkit highlights those
areas where their participation brings a clear comparative
advantage in terms of expertise. For instance, an NHRI
could collaborate with UNODC on maladministration and
anti-corruption issues, UNIFEM on women’s rights, UNICEF
on child rights, and the UNHCR on the protection of refugees and displaced persons. NHRIs can benefit from the
presence of standard-setting organisations in particular,
such as ILO, UNESCO, and the WHO, to reinforce linkages
between their human rights-related conventions and the
NHRIs’ operational activities.
The diversity of mandates of the UN system should be
promoted as a source of strength for the benefit of NHRIs
and as a way to bringing together the entire range of
analytical, normative and technical expertise of the UN
family. This Toolkit looks at a range of strategies to achieve
this goal.
These types of collaborations can increase the impact
and coherence of outcomes and provide richer and more
holistic UNCT assessments and responses to the country’s needs. Considering human rights promotion and
protection within the relevant social and cultural context
can result in better understanding of complex situations,
while increasing the likelihood of popular acceptance of
the NHRI’s work.
Rationale
There is a good deal of documentation on “what” should
be done during the establishment and consolidation
phases of NHRIs, especially from a theoretical perspective.
Several documents look at “how” NHRIs should function,
and “what” should be considered by the International
Coordinating Committee of National Human Rights
Institutions when it accredits NHRIs.5
There is, however, no practical tool at present that guides
United Nations Country Teams (UNCTs) on “how” to support NHRIs in the context of the UN country planning
process, including the timing and development of technical assistance projects to develop or assess capacity,
how to identify challenges and opportunities for NHRIs,
or how to discern issues that lie beneath the surface and
threaten and/or undermine the effective and efficient
functioning of NHRIs.
It has been noted that there is a need to strengthen
capacity for human rights programming at the level of
the UNCT, and to boost facilitation skills, while strategies
for generating debate are also especially needed. In some
UNCTs, resources are often lacking at all levels. Further,
there is a limit to the quality of expertise available to both
UNCTs and to programme countries from the UN system,
which vary considerably. These factors constrain the effectiveness of the UN system’s response at the country level.6
See Secretary-General, Strengthening the United Nations: An Agenda for Further Change, UN GAOR, 57th Sess., UN Doc. A/57/397 (2002); 2005 World Summit Outcome, GA Res. 60/1, UN GAOR, 60th Sess.,
UN Doc. A/RES/60/1 (2005).
4
See OHCHR, “Guidance Note: National Human Rights Institutions and the Work of OHCHR at Headquarters and Field Level.” December 2007 (National Institutions Unit); “Information Note: The Role of
The UNCT in Establishing or Strengthening a National Human Rights Institution.” April 2007.
5
C. Castañeda. “Relevant Findings on UNCTS, Human Rights & Capacity Development.” October 2008. The author notes that findings are based on extracts of the following documents: “Report of the
Second Interagency Workshop on Implementing a HRBA in the Context of the UN Reform”, Stamford, USA, 5-7 May 2003; “Mainstreaming Human Rights. The Human Rights-Based Approach and the
United Nations System, Desk Study Prepared for UNESCO”, André Frankovits, Human Rights Council of Australia, 2005; “Synthesis Report of the Global Review OHCHR Technical Cooperation
Programme”; “Results-Based Management and the UNDAF Results Matrix”, UNSSC; Resident Coordinator Annual Report 2007, UN, “Common Country Assessment and United Nations Development
Assistance Framework. Guidelines for UN country Teams on Preparing a CCA and UNDAF”, February 2007; UNDG; “Triennial Comprehensive Policy Review of Operational Activities of the United Nations
Development System: Conclusions and Recommendations”, 62 Session of the General Assembly, 2007; and “Synthesis Report: Finding and Recommendations from a Seven Country Study of UN
Engagement in Poverty Reduction and National Development Strategies”, prepared for the UNDG by Martin Greeley, Institute of Development Studies, Sussex, March 2008.
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