8.5 Human Rights Capacity

8.5.1 Overview

Developing human rights capacity in substantive and thematic areas of human rights is central to the establishment phase. It deals with the ability to formulate policies, strategies and programming based on the established and emerging human rights issues facing the country, especially as regards specific groups:

• Children
• National or ethnic, religious and linguistic minorities
• IDPs and refugees
• Indigenous persons
• Lesbians, gays, bisexual and transgender persons
• Migrant workers
• Persons with disabilities, including those with HIV/AIDS
• Women

In addition, there are cross-cutting areas of human rights capacity that also must be addressed in the establishment phase, which track the issues noted in Module 1, such as core protection issues, human rights-based approach to development and to incorporate economic, social and cultural rights into NHRI work. In addition, two areas discussed earlier, human rights and business and transitional justice issues, may be important aspects of NHRI work. See Chapters 3 and 4 for further information on building capacity in these two important areas.

At the establishment phase, it is important to consider the structures and processes that might best support the development of thematic areas: For example:

• strategic planning will identify particular areas of priority.
• training and development for members and staff will ensure that staff have the knowledge levels about specific areas of expertise.
• NHRIs may create structural solutions: specialized departments, units, centres and individual focal points are used to address issues related to specific groups, for example, depending on national circumstances and priorities.
• Knowledge management activities in relation to the selected areas.

If a particular part of the organisation is given responsibility for a thematic area, it should have responsibility for creating and maintaining a knowledge base on that issue. It will serve to facilitate, ensure, and evaluate internally the intervention areas that the NHRI has chosen. The range of responsibility given to the structural unit will also reflect the national reality and resources. Programme responsibilities of these organisational units could include:

• Investigating specific types of complaints.
• Undertaking research and data collection relating to the specific issue or group.
• Carrying out promotional activities relevant to the specific issue or group.
• Developing and implementing mechanisms to ensure that all planning, programming and evaluating activities incorporate an equality focus relating to that specific issue or group.

That said, NHRIs should be aware of the potential pitfalls. If the specialised Department or Unit is given responsibility for direct programme implementation, there is a risk that 'mainstream' programme Units will feel they have no responsibility for dealing with the identified priority issue. An investigations department may not feel the need to consider issues relevant to women or children because a specialized unit has been set up. Moreover, managing and controlling a programme like complaints management that is delivered by two distinct units can pose management and accountability challenges.

For these reasons, a mixed approach – mainstreaming and specialised or dedicated structures - should be used where possible. UNCTs can have a role in providing advice, if asked, in these areas, and in providing information about strategies and ideas that have worked elsewhere. Specific examples follow in the sections below as regards three categories of vulnerable groups.