Briefing Note FOR UN RESIDENT COORDINATORS FOR MEETINGS WITH SENIOR GOVERNMENT OFFICIALS

Annex 1: (Model) Briefing Note for UN resident coordinators for meeting with senior government officials

(Note: Text in parentheses should be amended to reflect country situations, as appropriate.)

The purpose of this note is to provide “talking points” and relevant background material to support the UN Resident Coordinator in high level discussions with senior country officials regarding National Human Rights Institutions (NHRIs).

It is anticipated that in forthcoming discussions with (senior country official), the issue of the (creation or strengthening) of the country’s NHRI will be raised.

Overall message:

The international community considers that the protection and promotion of human rights is a priority, and notes the important role that NHRIs play: the UN has the capacity, tools and desire to help you create (or strengthen) an institution in your country. How can the UN best help?

1. National Human Rights Institutions in Context

(Country) is a signatory to human rights instruments (see Annex 1) and has recently (been reviewed through the Universal Periodic Review Process, in its session (date) or make reference to other relevant and timely event regarding NHRIs and international system).

The RC may wish to:

• Signal the importance that the international community attaches to establishing effective national mechanisms to promote and protect human rights;
• Note the significant roles that NHRIs can play in support of human rights (Annex 3);
• Stress that (country) is one of the (only, few) countries in (region) that have not yet created a NHRI in line with the Paris Principles (or) that several countries (in region) have worked collaboratively with the UN to strengthen these institutions;
• Recall the importance of establishing a NHRI in line with the Paris Principles, as (as recommended by several Treaty Bodies) and also committed to by (Country, if applicable) in its voluntary pledges;
• Point out that the UN has the capacity and willingness to support the creation or strengthening of NHRIs including a proven track record in mobilising support for technical assistance projects; and
• Point out that OHCHR directly supports the accreditation process of NHRIs, for instance, which is key to their international and regional recognition.

2. Key Messages

The RC may wish to outline the following points:

• Incentive - Government has the primary responsibility for establishing and/or strengthening NHRIs (depending on country context). Having a Paris Principles compliant NHRI will, among other things, bring international recognition for the commitments of the government for the promotion and protection of human rights, as well as increased visibility and credibility at the national and regional levels. At the international level, Paris Principles-compliant NHRIs may apply for accreditation with the International Co-ordinating Committee of National Institutions for the Promotion and Protection of Human Rights, which is the key to both international and regional recognition.
• Culture of Human Rights - NHRIs can be constructive partners in assisting and/or facilitating the governments and other partners in identifying mutual areas of interest, including in the areas of good governance, rule of law, and independence of judiciary.
• Support to Development Processes – NHRIs can also assist the government in developing national development and human rights plans, as well as strategies that aim to eradicate poverty and achieve the Millennium Development Goals.
• National Ownership - NHRIs, being national independent institutions, can ensure greater accountability for human rights, thus increasing national ownership and adding-value to the sustainable efforts of the government and the international community.
• Commitment to Support: The UN/UNCT stands ready to assist the government in every stage of this process, and upon request, the UN Resident Coordinator, as the representative of resident and non-resident UN Agencies, can mobilize appropriate support.
• Capacity to Help: Within the UN system, UNDP and OHCHR are focal points for supporting the establishment and/or strengthening of NHRIs. They have developed a partnership to work collaboratively to support countries that seek assistance regarding NHRIs. They have the knowledge, expertise and experience to provide this support.

List of Annexes

• Annex 1– List of Human Rights Instruments ratified by (country)
• Annex 2– Excerpt of (recommendations regarding country/ NHRI from international system, e.g. UPR process, treaty body, ICC SCA regarding existing NHRI).
• Annex 3 – Background on National Human Rights Institutions.
• Annex 4 – Background of types of assistance provided

SAMPLE ANNEX 1

List of human rights instruments ratified by (country).

Will vary by country

SAMPLE ANNEX 2

Background on NHRI in Country:

Relevant excerpts from comments or observations (UPR process, treaty body recommendations, ICC, etc., as appropriate).

(Country) has a network of (list independent institutions already in existence, e.g., list national or regional ombudsmen, independent authorities (e.g. Privacy, Communications, Antitrust, Banking, anti-corruption), etc. However, the country lacks a national human rights institution in compliance with the Paris Principles.

AND/OR

Following recommendations from the Universal Periodic review

AND/OR

In their Concluding Observations, Treaty bodies (specify) recommended the government to undertake consultations with civil society representatives with the support of OHCHR/UNDP to ensure the NHRI complies with the Paris Principles.

(Outline any steps that have been taken so far in establishing / strengthening NHRIs in the country, including any record of past statements or pledges by the government to establish/ strengthen the NHRI).

SAMPLE ANNEX 3

Background on National Human Rights Institutions and the UN system

A “national human rights institution” (NHRI) is an institution with a constitutional and/or legislative mandate to protect and promote human rights. NHRIs are independent, autonomous institutions that operate at the national level. They are part of the State, are created by law, and are funded by the State.

When they are in compliance with the Paris Principles, NHRIs are among the cornerstones of national human rights protection systems, and serve as relay mechanisms between international human rights norms and the national level.

NHRIs perform several basic roles and responsibilities, including human rights investigations, monitoring, promotion of a culture of human rights, advising government and supporting the international human rights system.

OHCHR, through its focal point at the National Institutions and Regional Mechanisms Section, regularly provides expert advice on the establishment strengthening of NHRIs. In the past, support has ranged from deployment of a senior level delegations, facilitation of workshops and seminars on the Paris Principles with high-level representatives, provision of legal advice on draft legislation and/or on regional best practices to encourage compliance with the Paris Principles, and the provision of capacity development and assessment advice and support at all stages of development of NHRIs. The OHCHR also directly supports the accreditation process by the ICC.