INTERACTION WITH THE INTERNATIONAL HUMAN RIGHTS SYSTEM Afarin Shahidzadeh Deputy Chief National Institutions and Regional Mechanisms Section

NHRI interaction with the international human rights system at a glance: a two-way, mutually reinforcing process NHRIs contribute to raise awareness on and advocate for compliance with the international human rights system NHRIs contribute to the translation of international human rights norms into the national system NHRIs provide independent local expertise on the national human rights situation (e.g. on domestic laws and policies) NHRIs disseminate recommendations from the international system and conduct follow up action TREND: PLURALIZATION of international dialogue an dinstitutionalized participation of independent voices (NHRIs, NGOs) Many mechanisms. Need to have a selective approach. Linked to national challenges. Difficulty of balancing their domestic and international work, international cooperatino was not always felt to be relevant to domestic priorities. A method for determining which requests to respons to was therefore needed. Some benfeits the NHRIs have mentiones: increase the capacity of the institution, keep up to date on internatinoal developmes. Interaction inernationally increased the institutions’ credibility or influence domestically. Ask about the Unit they created on “International relations”. Create Table of NHRIs’ tematic emphasis and international mechanisms. BENEFITS: Human rights norms and convention can also provide an interpretative framework for the work of the ombudsman. Serbia has ratified the most important conventions annd the enabling law: 2In performance of duties within his/her competence, the Protector of Citizens shall act in accordance with the Constitution, law, and other regulations and general acts, as well as the ratified international treaties and generally accepted rules of internatinoal law.”

NHRI participation in the Treaty Bodies Comment publicly on the State report Submission of alternative reports Contribution to the drafting of the list of issues Participation in treaty body sessions Oral Statement Disseminate Concluding Observations Conduct Follow-up Activities Participate in days of “General Discussion” The most common activity the NHRI do is to “contribute to State Reports” (nooo!!!) mianly in connectino to the CR and the ccpr and CERd AND CEDAW. Another activity they do frequently is to participate in the sessions (hrc, cedaw and crc) notably NHRIs from Africa which do not have big budgets. Still much to do in terms of implementatiion in Europe. General Comments on role of NHRIs. 2009 DATA:Approx. 100 country reports were reviewed 69 of the reviewed countries have NHRIs - 36 NHRIs participated Increased participation of NHRIs from 46 % in 2008 (38 NHRIs out of 82) to over 50 % participation (36 NHRIs out 69 countries) EXAMPLES At the domestic level: NHRI Germany: gives training to the parliament on human rights treaties and provides knowledge on general comments to the conventions. Organize continous dialogue between the government and civil society and intenrational hr bodies. It selects concluding observations of high political relevance, topics of public interest. After the discussion, some recomendations/conclusions are drafted and sent to the relevant ministries and other actors engaged in follow up. Malaysia: Organized roundtables to urge the Government to withraw reservation to the CRC. FRANCE: Had a private dialogue with the memebrs of the CEDAW on the implementation of the CEDAW in France. GEORGIA: Had a confidential meeting with the HRC higlighting cases of torture in prisons and problems in the justice system. Sinergy to the HRC to urge govenrment to implement changes NORUEGA: Attended the CAT sessoin and send letters to government encoruaging it to ratify the OPCAT. NHRI Austrialia relied on the jurisprudence of the HRC in tow recommendations on discrimination on sexual orientation. SERBIA has addressed the CAT session. SERBIA CAT: Protector of Citizens (Ombudsman) 7. The Committee welcomes the establishment of the Ombudsman and the appointment of a deputy Ombudsman to improve the situation of persons deprived of liberty in institutions and prisons, including persons with mental, intellectual or physical disability and learning difficulties. However, the Committee remains concerned that the structures of the Ombudsman’s office are not yet fully consolidated, that its independence is not fully ensured, that it has not been allocated adequate resources to fulfil its functions effectively and that, despite a large number of complaints (700), it does not have the capacity to analyse them. The Committee is also concerned that there is no specific mandate to monitor children’s rights to be free from violence (art. 2). The State party should: (a) Intensify its efforts to ensure that the Ombudsman is able to independently and impartially monitor and investigate alleged police misconduct, including by strengthening the role and function of the deputy to the Ombudsperson on the protection of rights of persons deprived of liberty so as to include in his mandate the capacity to investigate acts committed by police officers; (b) Ensure all relevant authorities follow up on the recommendations issued by the Ombudsman; (c) Encourage the Ombudsman to seek accreditation with the International Coordinating Committee for National Institutions for the Promotion and Protection of Human Rights to ensure that it complies with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), annexed to General Assembly resolution 48/134; and (d) Consider taking the necessary measures to ensure that the Ombudsman promote and protect children from violence and in particular. Tb SUGGESTINOS TO NHRIs. Encourage ratification of HR international instruments/withdrawal of reservations Follow the reporting schedules of TBs, check on OHCHR website Remind governments of outstanding reports Assist States to follow up on TB recommendations/observations to governments regarding NHRIs Assist victims submit individual communications Travel for interaction with international human rights mechanisms should be included in NHRIs budget

NHRI Participation in the work of Special Procedures Encourage Government to extend standing invitations for country visits; Initiate communications or assist victims to access to; Assist in the preparation of a country visit; Meet with mandate holder during country visit; Publicize mandate holders press releases or mission reports at the national level; Actively monitor the follow-up of mandate holder’s recommendations. Report on the status of implementation of recommendations. Nominate candidates Which SPMHS the NHRIs interact more: TORTURE, HRD, VIOLENCE AGAINST WOMEN, EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS, MIGRANTS, IDP, HEALTH AND MINORITY ISSUES. There are 31 thematic and 8 country. Standing Invitations – SERBIA (October 2005) A standing invitation is an open invitation extended by a Government to all thematic special procedures. By extending a standing invitation States announce that they will always accept requests to visit from all special procedures. As of 30 June 2010, the following 73 States have extended a standing invitation to thematic procedures 2006 NHRI Sri Lanka Attache Joint Urgent Appel from SR HRD and Freedom of Expression

NHRI participation in the Universal Periodic Review NHRI role prior to, during, and following UPR In the UPR, NHRI participation can include: contributing information to the stakeholders’ report; Participating and making statements at the UPR session; disseminating the UPR outcome; drawing up an action plan or strategy to contribute to the implementation of the UPR outcome; following-up to the UPR outcome, as appropriate in cooperation with State entities; monitoring implementation Articulating UPR recommendations to NHRIs’ strategic plans UPR is a mechanisms that materialise the following principles: All countries, regardless of ther economic or political development have human rights concerns that need to be addressed HR is not longer a matter of national concern. Countries should not longer be using the argument of national sovereignyty to hide their human rights. Data 2009: 48 countries reviewed (22 have a NHRIs) 14 NHRIs submitted written contributions: 9 from A status NHRIs (Afghanistan, New Zealand, Mauritius, Jordan, Malaysia, Mexico, Canada, Germany and Norway) 2 from B status institutions (Cameroon and Nigeria) 1 from a non accredited institution (Norwegian Ombudsman for Children) 2 submitted by the regional networks (Chile and Uruguay) On Ombudsman The following recommendations were made: Greece, Romania: To take all necesarry measures to enhance the effectiveness of the Office of the Ombudsman Azerbaijan recommended that Serbia extend the Ombudsman’s monitoring authorities to Government and the Public Prosecutors Office to ensure the possibility of redressing human rights violations at all levels of public administration. Greece: Include effectuve monitoring and promotion of child rights Romania: and the rights of persons belonging to national minorities REPLIES OF SERBIA: “In connection with broadening the competencies of the Ombudsman, Serbia SHALL REVIEW POSSIBILITIES FOR THE IMPLEMENTATION OF THAT RECOMMENDATION IN THE CONTEXT OF AN ANALYSIS OF THE NATIONAL LEGISLATURE, WHICH DEMANDS A CERTAIN PERIOD OF TIME” (Ask the Ombudsman his oppinion about this?) Serbia will be reviewed again in 2013. _____________________________________________________________________________ Human Rights Council’s Working Group UPR 7th Session, 8-19 February 2010The following NHRIs submitted parallel reports on the situation of Human Rights in their respective countries: • Bolivia; • Egypt; • Nicaragua; Slovenia; El Salvador

NHRI Participation in the Human Rights Council Access to sessions based on practice of Commission on Human Rights – i.e. NHRIs with “A status” can: make oral statement under all agenda items (directly or through the ICC Representative in Geneva) submit documents – under their own symbol number take separate seating hold parallel events during Council sessions An average of 20 national institutions participated in each ordinary session of the HRC OMBUDSMAN could initiate exercising its right to make oral statement or submitt a document in the 2010 HRC session. Strategically: under Item 6 UPR Follow up: Refer to the need to strengthening the effectiveness of the NHRIs as it was recommended in the UPR Serbia, here he could refer to issues such as the following up of recommendations, salaries, etc). - Under agenda Item 3 Annual debates (Feb 2011 Session: HR of persons with disabilities and – Rights of the Child (share information on the situation in Serbia, and what the NI is doing); interactive dialogues with Special Rapportuers (Feb 2011 session: SR torture, SR on IDPS, violence against children, HRD (issue of following up recommendations), freedom of religion and belief. IE on minorities. Other mechanisms: Report Forum on minorities issues Also, he could publicize his participation in the HRC at the national level. Use the video: http://www.un.org/webcast/unhrc/index.asp# SIDE EVENTS Community Reparations in the Context of Transitional Justice, organized by OHCHR and the NHRI of Morocco on 8 March 2010; La Defensa y Promoción de los Derechos Humanos a Nivel Local, organized by the Comisión de Derechos Humanos del Distrito Federal de Mexico and OHCHR on 16 March 2010, on the sidel ines of the 13th HRC Session; Human Rights and Business: the role of national human rights institutions 31 May 2010. This event was co-hosted by the Permanent Mission of Norway, OHCHR and the ICC, on the sidelines of the 14th HRC Session. The role of NHRIs in following up on recommendations from Special Procedures 30 June 2010. On the sidelines of the 17th Annual Meeting of Special Procedures, OHCHR and the ICC

NHRI Participation in the Human Rights Council Resolution (A/HRC/RES/16/21 )on the Review of the work and functioning of the Human Rights Council: For UPR: The national human rights institution of the State under review consistent with the principles relating to the status of national institutions for the promotion and protection of human rights annexed to General Assembly resolution 48/134 (the Paris Principles) shall be entitled to intervene immediately after the State under review during the adoption of the outcome of the review by the Council plenary. a separate section for contributions by the national human rights institution of the State under review that is accredited in full compliance with the Paris Principles An average of 20 national institutions participated in each ordinary session of the HRC OMBUDSMAN could initiate exercising its right to make oral statement or submitt a document in the 2010 HRC session. Strategically: under Item 6 UPR Follow up: Refer to the need to strengthening the effectiveness of the NHRIs as it was recommended in the UPR Serbia, here he could refer to issues such as the following up of recommendations, salaries, etc). - Under agenda Item 3 Annual debates (Feb 2011 Session: HR of persons with disabilities and – Rights of the Child (share information on the situation in Serbia, and what the NI is doing); interactive dialogues with Special Rapportuers (Feb 2011 session: SR torture, SR on IDPS, violence against children, HRD (issue of following up recommendations), freedom of religion and belief. IE on minorities. Other mechanisms: Report Forum on minorities issues Also, he could publicize his participation in the HRC at the national level. Use the video: http://www.un.org/webcast/unhrc/index.asp# SIDE EVENTS Community Reparations in the Context of Transitional Justice, organized by OHCHR and the NHRI of Morocco on 8 March 2010; La Defensa y Promoción de los Derechos Humanos a Nivel Local, organized by the Comisión de Derechos Humanos del Distrito Federal de Mexico and OHCHR on 16 March 2010, on the sidel ines of the 13th HRC Session; Human Rights and Business: the role of national human rights institutions 31 May 2010. This event was co-hosted by the Permanent Mission of Norway, OHCHR and the ICC, on the sidelines of the 14th HRC Session. The role of NHRIs in following up on recommendations from Special Procedures 30 June 2010. On the sidelines of the 17th Annual Meeting of Special Procedures, OHCHR and the ICC

NHRI Participation in the Human Rights Council Resolution (A/HRC/RES/16/21 )on the Review of the work and functioning of the Human Rights Council: For Special Procedures: The national human rights institution consistent with the principles relating to the status of national institutions for the promotion and protection of human rights annexed to General Assembly resolution 48/134 (the Paris Principles) of the country concerned shall be entitled to intervene immediately after the country concerned during the interactive dialogue, following the presentation of a country mission report by a special procedure mandate holder. An average of 20 national institutions participated in each ordinary session of the HRC OMBUDSMAN could initiate exercising its right to make oral statement or submitt a document in the 2010 HRC session. Strategically: under Item 6 UPR Follow up: Refer to the need to strengthening the effectiveness of the NHRIs as it was recommended in the UPR Serbia, here he could refer to issues such as the following up of recommendations, salaries, etc). - Under agenda Item 3 Annual debates (Feb 2011 Session: HR of persons with disabilities and – Rights of the Child (share information on the situation in Serbia, and what the NI is doing); interactive dialogues with Special Rapportuers (Feb 2011 session: SR torture, SR on IDPS, violence against children, HRD (issue of following up recommendations), freedom of religion and belief. IE on minorities. Other mechanisms: Report Forum on minorities issues Also, he could publicize his participation in the HRC at the national level. Use the video: http://www.un.org/webcast/unhrc/index.asp# SIDE EVENTS Community Reparations in the Context of Transitional Justice, organized by OHCHR and the NHRI of Morocco on 8 March 2010; La Defensa y Promoción de los Derechos Humanos a Nivel Local, organized by the Comisión de Derechos Humanos del Distrito Federal de Mexico and OHCHR on 16 March 2010, on the sidel ines of the 13th HRC Session; Human Rights and Business: the role of national human rights institutions 31 May 2010. This event was co-hosted by the Permanent Mission of Norway, OHCHR and the ICC, on the sidelines of the 14th HRC Session. The role of NHRIs in following up on recommendations from Special Procedures 30 June 2010. On the sidelines of the 17th Annual Meeting of Special Procedures, OHCHR and the ICC

New development : Interaction between NHRIs and the UN Subcommittee on the Prevention of Torture (STP) OPCAT creates parallel system of preventive visits (SPT + NPMs) NPMs must comply with the Paris Principles An increasing number of NHRIs have been appointed as an NPM NHRIs have requested “Increased communication and information sharing between NHRIs and the SPT” OHCHR supports NHRIs in developing relationship with SPT Interaction with SPT should involve NHRIs, ICC and its SCA

(United Nations Secretary-General’s report (A/HRC/20/9) to the Human Rights Council dated 1 May 2012 NHRIs are encouraged to continue engaging with all United Nations human rights mechanisms, in particular, the human rights treaty bodies, special procedures and the universal periodic review. NHRIs are encouraged to actively engage in the treaty body strengthening process with a view to strengthen the protection and promotion of human rights at the national level. NHRIs are also encouraged to actively follow up to the implementation of recommendations of treaty bodies, special procedures and the universal periodic review at the national level, and to promote the participation of NHRIs in the States parties’ reporting process.