UNITED NATIONS DEVELOPMENT PROGRAMME/

OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

PROGRAMME DOCUMENT

Human Rights Strengthening – HURIST

 

Project Number: GLO/99/615/A/11/31

Duration: Four years

Project Site: New York, Geneva and select countries.

ACC/UNDP Sector: 1700

ACC/UNDP Subsector: 1710

Executing Agency: UNOPS

Implementing Agencies:To be determined in each case

Starting Date: April, 1999.

 

Brief Description:

 

HURIST, which is a joint programme of UNDP and OHCHR, will support the implementation of UNDP’s policy on human rights as presented in the policy document Integrating Human Rights with Sustainable Human Development. Its primary purposes are to test guidelines and methodologies and to identify best practices and learning opportunities in the development of national capacity for the promotion and protection of human rights and in the application of a human rights approach to development programming. HURIST will also contribute to the international debate concerning major areas of relevance for human rights, particularly the economic and social effects of globalization. It will support country offices requested by governments to provide assistance in the field of human rights and generally contribute to the development of UNDP’s capacity to apply a human rights approach in its work. The programme will have five windows, four with activities mainly initiated from the headquarters of UNDP and OHCHR and one for support requested by country offices and to facilitate cooperation with regional level activities in the field of human rights: Window 1 will focus on the institutional capacity to develop a national plan for human rights promotion. Pilot cases will be undertaken in five countries, one in each region. Window 2 will support five pilot projects demonstrating human rights approaches to sustainable human development (SHD). Window 3 will facilitate the ratification of human rights treaties and necessary follow-up activities. Window 4 will stimulate global dialogue on the human rights dimensions and implications of globalization. Other issues may be identified for studies and seminars during the implementation of the programme. Window 5 will respond to requests from countries for programming support in the field of human rights, provide funding for UN volunteers serving in UNDP Country Offices and facilitate a cooperation between HURIST and regional level activities in the field of human rights.

 

 

On behalf of:

 

Signature

 

Date

 

Name/Title

UNDP ___________________ _______________ _________________________
 

OHCHR
 

___________________
 

_______________
 

_________________________
 

OPS
 

___________________
 

_______________
 

_________________________
       

Table of Content

 

  1. PROGRAMME CONTEXT

    1. UNDP and human rights in the 1990s
      1. The development and the adoption of the sustainable human development framework as the development paradigm for UNDP
      2. The emergence of a people-centred and participatory approach to development
      3. Governance as one of the main focus areas for UNDP programming
      4. Increasing resources devoted to activities specifically addressing human rights issues

       

    2. UNDP policy: integrating human rights with sustainable human development
      1. To provide support for institutions of governance in its partner countries
      2. To develop a human rights approach to sustainable human development
      3. To contribute to the human rights policy dialogue, UN conference follow-up and national implementation of human rights treaties

     

  2. PROGRAMME JUSTIFICATION

    1. Issues to be addressed
      1. The need to strengthen national capacity for human rights promotion
      2. Lack of experience in integrating human rights with SHD
      3. Promotion of treaty ratification
      4. The need for increased attention to the human rights consequences of globalization
    2. The comparative advantages of UNDP and OHCHR
    3. Expected post-project situation
    4. Target beneficiaries

  3. DESCRIPTION OF THE PROGRAMME

    1. Window 1 - pilot demonstrations of the strengthening of national capacities to promote, protect and realize human rights and fundamental freedoms
    2. Window 2 - pilot demonstrations of a human rights approach to sustainable human development
    3. Window 3 - promoting ratification of human rights treaties
    4. Window 4 - advancing awareness of the impact of globalization on the enjoyment of human rights
    5. Window 5 - supporting country and regional initiatives in human rights
      1. Responding to country requests for support of strategic human rights initiatives
      2. Financing UN volunteers for service in Country Offices
      3. Supporting regional initiatives

  4. HURIST IMPLEMENTATION STRATEGY

    1. Collaboration between UNDP and OHCHR
    2. A programme for learning
    3. Promoting partnerships
    4. Support civil society organisations and private sector organisations
    5. Donor collaboration and coordination - a consultative group
    6. Implementation arrangements - levels of funding

  5. DEVELOPMENT OBJECTIVE, OUTPUTS AND ACTIVITIES
    1. planning matrices for specifying outputs, activities, indicators and benchmarks for the five Windows of HURIST
    2. Inputs (to be identified for the separate components)
    3. Budget (see Annex 2)
    4. Risks
    5. Prior obligations and prerequisites
    6. Prior obligations
    7. Prerequisites
    8. Project reviews, reporting and evaluation

 

 Annex 1 - International support of human rights as part of development co-operation: the activities of bilateral donors

 

Annex 2 - Budget

Annex 3 - Terms of reference - UNV Human Rights Specialists (for UNDP Country Offices)

Annex 4 - Terms of reference – Steering Committee (SC)

Annex 5 - Terms of reference – Consultative Group


 

  1. PROGRAMME CONTEXT

 

In response to the Secretary General’s call for the integration of human rights into all areas of the United Nations System, as part of UN reform, the United Nations Development Programme (UNDP) has developed and adopted a specific policy on human rights: Integrating Human Rights with Sustainable Human Development (1998). A programme for Human Rights Strengthening (HURIST) will support the implementation of the policy. This programme is designed in line with the UNDP policy document on "Governance for Sustainable Human Development" (UNDP 1997) and the general framework of sustainable human development (SHD).

 

In accordance with General Assembly resolution 48/141 of 1993, which gives the High Commissioner for Human Rights the mandate to, inter alia, coordinate the human rights promotion and protection activities throughout the United Nations system, to make recommendations to bodies of the United Nations system with a view to improving the promotion and protection of all human rights, and to promote and protect the realization of the right to development and to enhance support from relevant bodies of the UN system for this purpose, HURIST will be implemented jointly by UNDP and the Office of the High Commissioner for Human Rights (OHCHR) in the framework of the Memorandum of Understanding that has been signed between the two organizations.

 

In UNDP, the Management Development and Governance Division (MDGD) in the Bureau for Development Policy (BDP) is responsible for HURIST. Other Divisions of BDP, Regional Bureaux and Country Offices will also be engaged in the implementation. UNOPS will execute the programme.

 

  1. UNDP and Human Rights in the 1990's

 

In the last few years, and especially since the Vienna World Conference on Human Rights in 1993, UNDP has undergone significant changes that enhance its comparative advantage and core competencies in human rights and development. Four developments have contributed to give the promotion of all human rights a significant place in UNDP’s activities:

 

 

  1. The development and the adoption of the sustainable human development framework as the development paradigm for UNDP

     

    Sustainable human development combines the concepts of human development and sustainable development: Human development focuses on empowering people to make their own choices, e.g. in relation to earnings, personal security and political status. Human development calls for special attention to equality between men and women. Sustainable development requires that natural resources be used in a manner that leaves a comparable level of resources for the use of future generations and that development efforts be designed and implemented with a view to be of lasting value. These two approaches were combined in the four focus areas that UNDP identified for its programming in SHD: the eradication of poverty, the creation of jobs and sustainable livelihoods, the advancement of women and gender equity, and the protection and regeneration of the environment.

     

    However, in addition to these four areas, it is now recognized that sustainable human development has a strong component of governance, particularly with regard to the creation of an enabling environment for the enhancement of the well-being of people, which includes the rule of law, the maintenance of peace, security and political stability, and legal and policy frameworks within which people can pursue their aspirations and lives with optimal freedom and responsibility for the well-being of all. The improvement of governance involves the enhancement of national institutional capacities for the making and implementation of sound public policies, the provision of effective and efficient public services and the transparent and accountable management of the affairs of the state, the economy and society.

     

  2. The emergence of a people-centred and participatory approach to development

     

    The series of UN Conferences of the nineties, from Rio to Rome, reflects an increasing concern with and consensus on the need for a people-centred approach to development and a recognition of the centrality of participatory processes, human rights, democratization and good governance in realizing such an approach. This emerging paradigm was most clearly and comprehensively reflected in the Vienna Declaration and Programme of Action of the 1993 World Conference on Human Rights and in the Commitments and Programme of Action of the World Summit for Social Development in Copenhagen in 1995. The Cairo Declaration introduced the notion of reproductive rights, linking this concept with development, while the Beijing Platform further developed further the gender dimensions of human rights. Donor agencies have individually and collectively developed policies or guidelines on participatory development, democratization and good governance, which invariably include human rights promotion and protection (See for example, the OECD/DAC Ad Hoc Working Group Report on this subject.)

     

  3. Governance as one of the main focus areas for UNDP programming

     

    UNDP’s focus on good governance directly serves the purpose of supporting SHD - and its commitment to promote human rights. In its 1997 policy paper on governance for sustainable human development, UNDP defined governance as the exercise of economic, political and administrative authority to manage a country’s affairs at all levels. Good governance is achieved when this exercise is carried out in a people-centred, that is, participatory, accountable, effective, and equitable way and aims at the promotion of the rule of law based on human rights. Support for governance thus directly addresses the legal instruments, enabling environments, and governmental and non-governmental institutions and processes affecting human rights.

     

  4. Increasing resources devoted to activities specifically addressing human rights issues

 

UNDP funding for projects that explicitly address human rights has increased significantly since the 1993 Vienna World Conference. This development was the result of a substantially increased demand for assistance in this field, both in developing countries and in countries in transition. Thirty-two percent of UNDP core resources and 39 percent of all resources (core funds plus other resources such as trust funds and cost-sharing contributions) were allocated to governance projects in 1996/1997. Concern for human rights and democracy is indirectly reflected, for example, in public management programmes, which address such issues as accountability, transparency, participation, decentralization, legislative capacity and judicial independence. The three domains that are identified in UNDP’s governance programme - the state, the private sector and civil society - have each a unique role in promoting sustainable human development. None can function adequately, however, if human rights are not respected and societies need special institutions like Ombudsman offices and human rights commissions to promote their observance and to strengthen the protection of individual citizens. Several projects have been undertaken to support such bodies. Other initiatives aim at the enhancement of technical capacity for the reporting, monitoring and investigation of human rights violations, support of judicial reforms, the training of judges and other legal personnel in human rights law. A number of projects focus specifically on the human rights of women and children.

 

  1. UNDP policy: Integrating Human Rights with Sustainable Human Development

 

In its policy document on human rights, UNDP expresses its commitment to strengthen its support for all human rights - civil, cultural, economic, political and social, in a holistic way, and to mainstream human rights into its work in support of sustainable human development. UNDP has identified three focus areas for this endeavour:

 

  1. To provide support for institutions of governance in its partner countries

     

    UNDP will support governance institutions at the national level and help them to develop their capacity to overcome the specific constraints they face in the promotion of human rights. UNDP’s support will be directed to state institutions - legislatures, executives and judiciaries - as well as to civil society organizations (human rights and related NGO’s, socio-economic NGO’s, community organizations, schools, women’s advocacy groups) and the media - that play a crucial role in monitoring, protecting and promoting human rights. Where human rights institutions do not exist, UNDP support will help build them (human rights commissions, ombudsmen, advocacy and outreach groups and the like) and orient their programmes towards the promotion and protection of human rights (civic education, legal aid, equal and equitable access to resources).

     

  2. To develop a human rights approach to sustainable human development

     Because UNDP is a development agency, its main contributions to human rights will be through development activities. Thus it is crucial that UNDP develop a human rights approach to sustainable human development programming, thereby ensuring that human rights will be mainstreamed in its activities and not relegated only to specific human rights projects. Developing this approach will obviously be a work in progress during a period of time but some elements and premises are self-evident from UNDP’s mandate and its status as a UN agency: UNDP’s approach to human rights is universal and holistic, stressing the indivisibility and interdependence of all human rights - civil, cultural, economic, political and social rights.

      

  3. To contribute to the human rights policy dialogue, UN conference follow-up and national implementation of human rights treaties

 

UNDP already engages in national, regional and global human rights policy discussions, but it can benefit greatly from a more active role. For example, substantive human rights debates are taking place on the right to development and the way to make human rights operational at the international and national levels, on the role of technical cooperation and capacity development in human rights, and on the intended and, more important, the unintended effects on human rights of development programming. UNDP has much to learn from these debates - and much to contribute. Sustainable human development provides a unique and holistic paradigm from which to integrate human rights and development and hence a unique platform for global advocacy. UNDP can also contribute to and benefit from better integrating human rights follow-up from the major UN global conferences of the 1990s - especially the World Conference on Human Rights, the World Conference on Children, the Earth Summit, the World Summit on Social Development and the Fourth World Conference on Women, to name only a few. This holistic approach to follow-up activities will provide valuable insights and benchmarks for UNDP’s current and future human rights programming.

 

UNDP will promote and protect human rights within the general framework of international human rights law. The main instruments are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All forms of Discrimination Against Women, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the latter not yet in force) and the Declaration on the Right to Development -, referred to under Context above (page 2). One of these instruments, the Convention on the Rights of the Child, has achieved near universal ratification, having been accepted by 191 countries as of 31 December 1998. Most of the others have been ratified by between 60% to 80% of all States. The treaties formally oblige parties to ensure the enjoyment of a range of rights by all under their jurisdiction. They also provide benchmarks for the design and monitoring of national and international human rights activities.

  

  1. PROGRAMME JUSTIFICATION

 

  1. Issues to be addressed

 

It is the aims of HURIST to test guidelines and methodologies and to identify best practices and learning opportunities in the development of national capacity for the promotion and protection of human rights and in the application of a human rights approach to development programming. It will support country offices requested by governments to provide assistance in the field of human rights and generally contribute to the development of UNDP’s capacity to apply a human rights approach in its work. It will also support and accelerate UNDP’s implementation of its policy on human rights.

 

The programme will address the main constraints that countries face in their promotion of human rights and in applying a human rights approach to development which keep them from complying with their treaty obligations. HURIST will contribute to the learning process that is going on internationally as well as in-house in UNDP concerning the development of new policy strategies to meet the challenge of promoting human rights through development activities by mainstreaming human rights into development. The following issues need to be addressed:

 

  1. The Need to Strengthen National Capacity for Human Rights Promotionfor Human Rights Promotion

 

Implementation of international human rights law is problematic in many countries of the world. A lack of political will to respect and promote human rights is often the central problem. In many cases, however, inadequate institutional capacity and a general lack of understanding and awareness about human rights are key contributing factors. For example, key public officials such as parliamentarians, the judiciary, law enforcement officials, other government officials, etc are often unfamiliar with the obligations which international, and national, human rights law imposes upon them in the execution of their functions. Many countries lack dedicated human rights institutions, such as national commissions or Ombudsman offices, which are able to give a voice to the marginalized groups and victims of human rights violations. In countries where such institutions do exist, they are often under-funded and inadequately staffed, and/or are not given adequate independence.

 

Civil society organizations can face the same kind of constraints: a lack of expertise, technical capacity and linkages to other human rights related institutions. The private sector is seldom associated with the promotion of human rights, even in areas where its role is clear such as in the work place. Ratification of international human rights treaties is a vital first step. But such ratification will remain largely symbolic in the absence of national capacity to fulfill the obligations prescribed by the treaties in terms of policy formulation, law making and institutional infrastructure for implementation.

 

There are presently many activities supported by donors that aim at the development of national capacity for the promotion of human rights, as attachment 1 to this document shows. Under the circumstances, there is reason to ask what added value HURIST can bring to justify its involvement?

 

 

 

  1. Lack of Experience in Integrating Human Rights with SHD

     

    A second constraint to be addressed by HURIST is the relative lack of experience in integrating human rights with sustainable human development. The link between human rights and development has been a concern for UNDP and the international community for some time. Valuable experience of mainstreaming gender and environmental concerns with development has also been gained during the last few years and much can be learnt from these experiences. However, the policy of mainstreaming human rights with sustainable human development is new to UNDP and will required sustained efforts. It is evident from the review of experiences contained in the Attachment 1 that many development agencies have recognized the need to mainstream human rights in development. But there is still limited experience in how to do it. It is recognized that it is far from easy. Mainstreaming human rights in sustainable human development will, of course, be an ongoing process that requires a long-term perspective and commitment. HURIST should generate experiences that will contribute to an understanding of the process of mainstreaming. These experiences will be widely shared both within and outside UNDP.

     

  2. Promotion of treaty ratification

     

    One of the central purposes of the United Nations, in the words of the Charter, is to "achieve international co-operation ... in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion". One of the first tasks undertaken by the United Nations was the elaboration and adoption of a Universal Declaration of Human Rights, the first endeavour of its kind to identify common human values. The Universal Declaration has become a reference point and source of guidance on rights that all persons are endowed with by virtue of their humanity.

     

    Several treaties have been elaborated on the basis of the Universal Declaration which codify the concept of human rights, taking it from a vague moral normative of what should be and bringing it into the sphere of binding international law. These treaties (sometimes referred as the principal international human rights treaties) elaborate on certain specific rights or shed light on the rights of specific groups. By ratifying them, countries are publicly pledging to abide by their provisions before the international community. This pledge serves as a firm foundation upon which a domestic system respectful of human rights can be built, regardless of changes in Government.

     

    Achieving universal ratification of the human rights treaties is therefore a central objective of the United Nations system. The 1993 World Conference on Human Rights, and subsequent world conferences, urged their universal ratification and urged states to avoid, as far as possible, the resort to reservations. As expressed in numerous public addresses, in letters to Governments, in the Memorandum of Understanding concluded between OHCHR and UNDP and in UNDP’s policy on "Integrating Human Rights with Sustainable Human Development", it is also an important objective of the Secretary-General, the HCHR and UNDP. HURIST aims to contribute to the process by offering field offices practical tools to encourage national officials to undertake ratification of the human rights treaties.

     

  3. The Need for Increased Attention to the Human Rights Consequences of Globalization

 

There is increasing international dialogue about the various aspects of globalization - economic, financial, information, communications, technology, cultural and the global movements of ideas and people. While there is excitement about the obvious opportunities for improving the human condition brought about by free trade, foreign investment and the international flow of technology and ideas, there are also concerns about globalization’s potential threats to human security, privacy, well-being and rights. Economic and social implications of globalization are reflected in the ever-widening gap between rich and poor, marginalizing whole populations or groups within them, and disregard for international standards in employment, the environment and the use of natural resources.

 

HURIST will stimulate global dialogue on these issues and seek to contribute to increased clarity and consensus on the initiatives that might need to be taken at various levels by all partners in global development and human rights agendas. Other similar issues may be identified during the course of the programme. Resources permitting, HURIST will then initiate studies and/or seminars which may contribute to the international debate of the issues.

 

  1. The comparative advantages of UNDP and OHCHR

 

These are the comparative advantages of UNDP for integrating human rights with sustainable human development in the in the words of the UNDP policy document (page 10):

" UNDP has many strengths that distinguishes it from other international and multilateral partners engaged in human rights. Because of its multilateral status, UNDP can work as (and be seen as working as) an impartial agent of change for all actors – a crucial feature in human rights. Moreover, UNDP pursues its mandate and activities according to national priorities and needs, and engages in sustainable programming to ensure a long-term impact. It has many years of experience in capacity development, and it always works towards securing the trust of all its partners –governmental, non-governmental, international and multilateral. UNDP has a field presence in more than 130 countries, which facilitates ongoing dialogue, learning, cooperation and sharing of experiences across regions. Finally, it places its work in the context of national capacity development, which in many cases may make cooperation with governments easier."

 

The UNDP’s comparative advantages make it a natural partner for the Office of the High Commissioner for Human Rights, who according to General Assembly resolution 48/141, shall "recognize the importance of promoting a balanced and sustainable development for all people and of ensuring realization of the right to development, as established in the Declaration on the Right to Development". The High Commissioner for Human Rights is mandated to, inter alia:

- promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights;

- promote and protect the realization of the right to development and to enhance support from relevant bodies of the United Nations system for this purpose;

- provide advisory services and technical and financial assistance, at the request of the State concerned and, where appropriate, the regional human rights organizations, with a view to supporting actions and programmes in the field of human rights;

- coordinate relevant United Nations education and public information programmes in the field of human rights;

- play an active role in removing the current obstacles and in meeting the challenges to the full realization of all human rights and in preventing the continuation of human rights violations throughout the world, as reflected in the Vienna Declaration and Programme of Action;

- engage in a dialogue with all Governments in the implementation of his/her mandate with a view to securing respect for all human rights;

- enhance international cooperation for the promotion and protection of all human rights;

- coordinate the human rights promotion and protection activities throughout the United Nations system.

 

The High Commissioner for Human Rights thus draws upon the strengths of all parts of the UN system in implementing her mandate and works to ensure that they approach their respective mandates from a human rights perspective. The Office of the High Commissioner for Human Rights also works directly with governments, offering extensive technical expertise on a wide range of human rights-related areas such as legislative drafting and procedures, training and education in human rights and human rights institution-building. The rising number of projects undertaken or requested by Governments in these areas is a major reason behind OHCHR’s expanding presence in the field.

 

When UNDP and OHCHR join hands in this programme, there is special reason to highlight their joint comparative advantages: the mandate to promote human rights, the presence in the programme countries, the experience of national capacity development and the professional competence in the human rights field.

 

 

  1. Expected Post-project Situation

 

At the end of its four years, HURIST will have contributed to the implementation of UNDP’s human rights policy in a number of ways:

 

 

  1. Target beneficiaries

 

HURIST is undertaken to strengthen the capacity of UNDP to implement its human rights programme. Immediate beneficiaries will, thus, be all those in UNDP and OHCHR and outside the organizations who participate in the implementation of the various activities. These will include the officials and civil society representatives in around 25 countries who will be involved in the programming and implementation of the activities. In addition, the international community will benefit from HURIST’s contributions to the global dialogue on human rights and so will the partners of UNDP/OHCHR in the implementation of the programme. Ultimately, the beneficiaries of the HURIST will be the individuals whose rights require improved protection and promotion, and the societies in which the institutional framework for human rights realization need improvement.

 

 

  1. DESCRIPTION OF THE PROGRAMME

 

The activities of HURIST will be programmed in five windows: Window 1 will correspond to the first focus area mentioned in the UNDP policy document dealing with the development of human rights capacity in institutions of governance and in institutions specially devoted to the promotion of human rights. Specifically, it will test guidelines for the development of national human rights plans. Pilot activities will be conducted in five countries and offer the basis for workshops to compare experiences and develop best practice cases. Window 2 will respond to focus areas 2 and 3 and test guidelines for a human rights approach to sustainable human development. Pilot activities in five countries will focus on different development areas like poverty, gender, environment, water and sustainable livelihood and provide material for studies and comparisons at workshops and in case material. Window 3 will actively promote the ratification of human rights treaties. Window 4 contributes to the global dialogue on human rights by focusing on the human rights implication of globalization. Other issues may also be addressed during the course of the programme. In addition, Window 5 will provide flexible programming support to UNDP Country Offices in response to requests from countries that want to develop their capacity to promote human rights with assistance from UNDP and the OHCHR. Regional UNDP initiatives focusing on human rights may also be supported in the interest of interaction and policy coordination. The support to Country Offices may in a limited number of cases include the provision of UN volunteers with experience of human rights work.

 

The pilot activities in Windows 1, 2 , and 3 and the programming support in Window 5 will contribute to the development of national capacity for the implementation of treaty commitments or other international undertakings in the field of human rights and development. In addition to supporting the countries in their efforts to promote human rights, the activities will provide innovative experiences and learning opportunities and in this way contribute to the international dialogue on policies and strategies to promote human rights in the context of sustainable human development. The activities in Window 4 will mainly be on the global level and contribute to the international dialogue on key human rights issues.

 

Although HURIST is divided into Windows for operational purposes, the complementarity of, and inter-relatedness between the aims and activities of each Window - and in particular of Windows 1 and 2 - should be kept in mind when implementing the Programme, in order to respect the comprehensive approach to human rights mainstreaming and integration adopted by UNDP and OHCHR.

 

The five windows are described below in terms of objectives, contexts, entry points, partnerships and expected outcomes.

 

Window 1: Pilot demonstrations of the strengthening of national capacities to promote, protect and realize human rights and fundamental freedoms.

 

Objective:

 

Pilot activities will be undertaken in five countries in different regions. The objective of the activities will be to assist in the development of national human rights plans, thus providing a system-wide approach to the building of national capacities to promote, protect and realize of all human rights and fundamental freedoms.

 

Context:

 

The idea here is to develop and strengthen the human rights capacity of four sets of institutions:

 

public sector governance institutions, such as legislatures, judiciaries, law enforcement agencies, administrative bodies and service delivery agencies;

 

national human rights institutions, such as ombudsmen and national human rights commissions, which are usually part of the public sector governance institutions;

 

civil society institutions, such as NGO’s and CBO's, focused on human rights and others. Academic institutions in the private or public sectors may also be included in the programme; and

 

private sector institutions such as corporations, mass media, trade organizations and chambers of commerce that are seldom included in human rights support or activities at the national level;

 

A considerable part of the assistance that currently is being provided by public and private donors focuses on just one or a few of the institutions involved in a national human rights system - public, private and civic sectors. HURIST will be interested in the capacity of individual institutions but particularly in their interactions and interrelationships with a view to supporting the development of a national plan with a high level of synergy.

 

A national human rights system has many functions: human rights definitions and standard-setting; promotion of awareness regarding such standards, both among those who are entrusted with monitoring, implementing and enforcing such standards and those who are intended to enjoy such standards; access to information about human rights and entitlements; activities to implement such standards (e.g., literacy programmes, primary or maternal health care programmes); monitoring both of violations and of progress in realization of such standards; and enforcement of such standards.

 

HURIST will support the development, at national level, of the combined institutional capacity to perform the above functions effectively in a sustained and systemic manner, by helping to enhance the capacity of the institutions and encourage their cooperation around a national strategic plan for the promotion, protection and realization of human rights, as called for in the Vienna Declaration and Programme of Action of the UN World Conference on Human Rights. They will be encouraged to develop a shared long-term vision, common goals, values and principles to guide their actions, and strategies for jointly and separately pursuing their vision, as well as an action plan for implementation, monitoring, evaluation and renewal.

 

Entry Points:

 

One country from each of the five geographic regions of the world will be invited to participate in Window 1. Apart from the regional differences, countries with different initial conditions will be considered: they may vary in size, income level, HDI ranking, population features and so on. At the same time, it is important that the participating countries display evidence of commitment to human rights. Ideally, the countries invited should meet the following criteria: They are, or evidence a clear intention to become parties of the relevant treaties; they have demonstrated commitment to advance human rights observance in the country; they are committed to achieve higher levels of human rights realization and are interested in piloting an effort to develop a national human rights plan in follow-up to the Vienna Declaration and Programme of Action.

 

If a selected country already has a UNDP supported governance programme, the HURIST intervention will have, as a central objective, the full integration of human rights into this programme. In the case that the country invited to undertake a pilot project has no UNDP supported governance programme, the government and the country office may choose between a broad governance programme, which includes support for a national human rights plan, or a separate programme focused on human rights. It would be natural for UNDP to encourage the choice of the first alternative. In both options, HURIST’s main concern will be the development of national capacity for the promotion of human rights, whether or not the programme contributes to the more general development or strengthening of, say, a judiciary system or a broader set of governance institutions.

 

The development of national human rights plans will be a participatory enterprise, undertaken by the concerned national stakeholders and facilitated by external expertise. Full national ownership of the effort will be essential. The TOR guiding the work will reflect this. Efforts will also be made to associate members of the UN family active in the country and interesting donors in the development of the plan so that it can serve as a recognized reference also for future international interventions in support of the country’s development.

 

 

Outcomes:

 

  1. Tested guidelines and experiences of developing national human rights plan in five countries, including in these countries a shared long-term vision and goals, values and principles, strategies for pursuing the goals and a short-term action plan for implementation, monitoring, evaluation and continuing the cycle to renew the vision and adjust the plan.

     

  2. Five countries with strong institutional human rights partnerships, including partners from all three domains - public, private and civil – with key roles for human rights institutions, with the capacities to pursue their shared human rights vision for the country and to sustain the synergy for achieving it in the long-term.

     

  3. Documentation of guidelines and best practice cases discussed at workshops and available for dissemination inside and outside of UNDP and OHCHR.

     

  4. International and regional recognition and showcasing of progress in the human rights situation in those five countries.

 

 

Window 2: Pilot demonstrations of a Human Rights Approach to Sustainable Human Development

 

Objective:

 

Pilot activities in five countries in different regions exploring the introduction of a human rights approach into SHD programming, including capacity building for mainstreaming human rights in development.

 

 

Context:

 

The second window of HURIST corresponds to the second and third focus areas of the UNDP policy document, namely, "developing a human rights approach to SHD" and linking national policy development to commitments undertaken at global conferences. The objective is to develop best practices for mainstreaming of human rights in the design and development of UNDP’s programmes. HURIST will support the design and implementation of five country pilot projects, one in each UNDP region aiming at a full integration of human rights concerns in developmental policies and activities. They will offer models, methods and guidelines for a human rights-based approach to SHD and thereby contribute to the development of approaches which can serve to mainstream human rights in development.

 

Entry Points:

 

As in the case of Window 1, HURIST will seek to involve in Window 2 countries from the five regions with varying initial conditions. The focus in each country may vary: poverty, sustainable livelihood, the elimination of illiteracy, the reduction of unemployment, promotion of ethnic co-existence. Preferably, the projects will be cross-sectoral and also address a range of issues in basic social services, such as health, food, water, housing, or education. But again, since mainstreaming human rights in SHD programming requires a long-term commitment, the following criteria will be considered in inviting countries to participate in Window 2: they should ideally have a clear SHD focus in their Country Cooperation Framework. Participating countries should display evidence of commitment to human rights. A strong UNDP office and UN Resident Coordinator system with a commitment to human rights programming in collaboration with the country and other donors would also be a favorable initial condition. Ideally, they will be or intend to become parties to the relevant treaties; they will have demonstrated commitment to advancing respect for human rights in the country and they will be interested in piloting an effort to develop a national human rights plan in follow-up to the Vienna Declaration and Programme of Action.

 

Operationally, the entry points will be the development of guidelines for mainstreaming human rights in SHD programmes, specific methodologies for the different fields of work, and participatory processes for managing the mainstreaming at every stage of the programme cycle from planning through implementation, monitoring, evaluation and redesign. It will also include the development or selection of indicators or proxies for measuring and monitoring progress in human rights in the context of SHD programming.

 

As in the case of the pilot activities under Window 1, the development of the pilots demonstrating a human rights approach in some policy area will be participatory, with the national stakeholders fully involved and the exercise facilitated by external expertise. The TOR will reflect this. This component of HURIST will also require that the UNDP HQ Divisions and OHCHR units responsible for the issues targeted for programming will play an active role in the design and implementation of the pilots and in all the activities required for their preparation and dissemination as learning tools in the organization. Relevant specialized agencies will also be invited to participate in the activities of this Window.

 

 

 

 

Outcomes:

 

  1. Tested guidelines, methodologies in select subjects and experiences of five pilot projects illustrating a human rights approach to some aspect of SHD programming available.

     

  2. Guidelines, methodologies and practical experiences of five pilot projects studied at workshops and documented in reports and best practice cases. Dissemination of the material.

     

  3. The five pilot countries will have gained experience of a human rights approach to SHD programming. At best they will positively consider to apply the approach in other areas.

     

  4. International and regional recognition of human rights progress in the five countries.

     

  5. UNDP will have gained further experience of work with a human rights approach to SHD-programming. It may be time to draw policy consequences.

 

 

Window 3: Promoting Ratification of Human Rights Treaties.

 

Objective:

 

HURIST will promote universal ratification of the principal international human rights treaties, namely:

 

Context:

 

Universal ratification of the human rights treaties is an important objective of the United Nations system. The Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights, urged the universal ratification of human rights treaties and encouraged States to avoid, as far as possible, the resort to reservations.

 

By ratifying a human rights treaty, a country is publicly pledging before the international community to abide by its provisions. This public pledge serves as a firm foundation upon which a domestic system respectful of human rights can be built, regardless of changes in Government. It can also serve as a further framework for all human rights-related work in that country. Countries are also encouraged to limit the extent to any reservations they may lodge when ratifying a treaty, as reservations by definition aim to restrict the applicability of that treaty. (see Section I. Programme justification - Issues to be addressed - Promotion of treaty ratification)

 

 

Entry points:

 

HURIST will facilitate a national dialogue concerning ratification of human rights treaties and encourage ratification and the limitation of lodging of reservations. This will be effected through workshops and seminars (here collectively referred to as "workshops"), with the attendance of interested countries with low levels of ratification.

 

Three regional or sub-regional workshops will take place during the initial phase in 1999-2000. One of these will be initiated at the start of the programme, while decision about the remaining two will be taken when the financial situation can be assessed towards the end of 1999. Three follow-up workshops will take place upon the request of participating countries addressing specific areas of concern raised during the first round of workshops or focusing on sub-regions or countries which express serious interest in pursuing ratification of one or more of the treaties. UNDP offices in the Africa and Asia/Pacific regions, the two regions with the lowest levels of ratification, will be particularly encouraged to avail themselves of this opportunity.

 

Requests for specialized training associated with questions of ratification, such as ensuring conformity of domestic legislation with the provisions of the treaties or training of judges, lawyers, members of police, etc. in international human rights standards, can be channeled to Window 5.

 

 

Outcomes:

 

1. clearer understanding by national officials of

i) the content of the treaties and the importance of ratification,

ii) permissible limitations to the treaties (reservations),

iii) implications of ratification, including reporting obligations,

iv) the kinds of technical assistance available from the UN system;

 

2. clearer understanding by UN officials of

i) concerns of Governments, substantive objections to treaty provisions,

ii) strategies to overcome the obstacles;

 

3. active follow-up on the strategies developed, including through technical assistance projects through Windows 1, 2 and 5; and

 

4. ultimately increased level of ratifications, particularly of the two Covenants.

 

 

Window 4: Advancing Awareness of the Impact of Globalization on the Enjoyment of Human Rights.

 

Objective:

 

Global dialogues on the human rights dimensions and implications of globalization.

 

 

 

 

 

Context:

 

This Window is placed in the context of the third objective of the UNDP policy on "Integrating Human Rights in Sustainable Development", by contributing to the global dialogue on issues in human rights. The UNDP human rights policy makes reference to the potential human rights implications of globalization, but does not elaborate on it. As noted above under Programme Justification (page 9), there is a need to stimulate the international examination of these issues in-depth and to identify the human rights dimensions and implications of the rapid changes that are sweeping the globe and often leave governments with little leverage to influence the direction and magnitude of changes. Many questions present themselves: What are the human rights implications of globalization? How does globalization impact on the enjoyment of civil, cultural, economic, political and social rights and fundamental freedoms? What policy initiatives need to be taken by whom to ensure that globalization enhances rather than undermines human rights? What are the roles and responsibilities of private sector companies, particularly multinationals, in this regard?

 

Entry Points:

 

HURIST will sponsor an international seminar, preferably in collaboration with the ILO, UNCTAD, the World Bank and other UN agencies, inviting key stakeholders to examine the human rights dimensions and implications of globalization and to make recommendations for further action. Support for further initiatives will be considered pending the outcome of this seminar.

 

 

Outcomes:

 

Heightened international awareness of the need to address the human rights dimensions of globalization, increased international understanding and articulation of such dimensions and implications, and increased consensus and political will to develop policies and instruments to protect human rights effectively in the globalization context and to ensure that globalization creates enabling environments for the realization of human rights.

 

 

Window 5: Supporting Country and Regional Initiatives in Human Rights.

 

Objective:

 

This Window will provide flexible resources for three purposes:

a) To enable UNDP Country Offices to respond to country requests for support of strategic human rights initiatives, including initiatives similar to those sponsored in Windows 1 and 2;

b) To finance UN volunteers for service in a limited number of Country Offices in great need of additional staff to implement its cooperation in the field of human rights;

c) To support regional initiatives to strengthen synergy with the sub-global programme.

  

  1. Responding to country requests for support of strategic human rights initiatives

 

Context:

 

While the pilot projects under Windows 1 and 2 are being launched in a small number of countries in the different geographic regions to test systemic approaches to human rights progress and programming, other country offices will also advocate attention to human rights in line with UNDP’s policy on "Integrating Human Rights with Sustainable Human Development" and may be requested to respond to country requests for human rights support.

 

This window of HURIST will provide such support, upon request, to country offices asked to help countries develop some human rights programme. The support may be in line with one or more of the activities under the other windows of HURIST, or it may be different and less ambitious and/or comprehensive in character. While the support under Windows 1 and 2 will contribute to project costs during the whole project cycle, including capacity assessment, project design, partial financing, advisory services, monitoring, evaluations and comparative studies, HURIST support under Window 5 would be limited to programming, advisory services, and evaluation without any project financing.

 

Entry Points:

 

Here again the entry point may be a general governance programme, if one exists already, adding on a human rights component, or it may be a separate project. The specific entry points will be determined by the priorities of the requesting countries in consultation with UNDP’s Country Office.

 

Outcomes:

 

  1. At least two or three additional countries in each region will have successfully implemented initiatives to enhance human rights progress in the country.
  2. National capacities to make progress in human rights strengthened in 10 to 15 countries.

     

  3. An enlarged pool of human rights expertise lessons learned, best practices and show-cases in each region and globally.

 

 

  1. Financing UN volunteers for service in Country Offices

 

Context:

 

In order to overcome constraints on staff resources, and to address limits on experience with human rights issues among staff in some Country Offices, which could hinder the development of initiatives for integrating human rights with SHD, several approaches are planned. Where serious human rights situations exist, the posting of staff from the OHCHR could be considered to address the situation. A second approach to strengthen the capacity of selected UNDP Country Offices would be to make available UN Volunteer Human Rights Specialists to assist Country Offices in the development and implementation of technical assistance activities in the field of human rights. (Please see Annex X for Terms of Reference.) UNV Human Rights Specialists posted in select UNDP Country Offices would work to strengthen UNDP and UN system knowledge of and capacity to integrate human rights into country programming.

 

UNV Human Rights Specialists would assist the UNDP Resident Coordinator, the Country Office and the UN System on issues related to human rights. UNV Human Rights Specialists would contribute to and/or complement the Country Office’s support to existing activities aimed at building national capacity to promote and protect human rights.

 

Entry Point:

 

UNDP Country Offices would be advised of the possibility of being provided a UN Volunteer Human Rights Specialist. On the basis of the requests submitted by Country Offices, and examining the resources available to support this capacity building work in support of human rights, UNDP and OHCHR will determine how many UN Volunteers would be made available. UNV would manage the programme while OHCHR would advise UNV on the specific training for the UNV Human Rights Specialists.

 

Outcome:

 

  1. Country Offices, assisted through the services provided by UNV Human Rights Specialists, will have strengthened their capacity to address priority areas of host countries in the field of human rights.

     

  2. The activities of the UNV Human Rights Specialists will have contributed to the increased knowledge of the staff on human rights issues, and the ability of staff members to integrate human rights into development programming.

 

  1. Supporting regional initiatives

 

Objective:

 

To create links between HURIST and regional activities, promoting human rights, for the sake of synergy, mutual learning and consistency in policy.

 

Context:

 

UNDP’s Regional Bureau are presently undertaking regional human rights programmes or governance programmes with human rights components. Regional gender programmes have strong human rights components. A cooperation and an exchange with these activities would be valuable as they could reinforce the learning from the activities. It is also corporate policy to make sure that the global and regional programme levels interact, thus strengthening the total impact of the work.

 

Entry Point:

 

The desirable type of interaction should normally be possible without special costs for the global programme. There will, however, be situations when funds will be required. As an example can be mentioned a programme like Democracy, Governance and Participation (DGP) in the RBEC-regional, which is seriously under-financed. Here HURIST-financing of regional activities could make a significant contribution. Joint financing of workshops could be another occasion when financial resources would be needed to establish cooperation and facilitate the desirable exchange.

 

Outcome:

 

The coordination of the global and regional human rights programmes will have strengthened the implementation of UNDP’s human rights policy and enhanced consistence in the implementation of activities.

 

 

  1. HURIST IMPLEMENTATION STRATEGY

 

  1. Collaboration between UNDP and OHCHR

     

    HURIST is developed and implemented as a joint UNDP/OHCHR programme. A joint steering committee comprising representatives for the two organizations will be set up. TOR for the Steering Committee are attached. In order for the Steering Committee to facilitate and guide the implementation of the programme efficiently, most operational decisions will be taken in informal consultations, while formal meetings will take place only a few times a year.

     

    The objectives of the programme – to help develop national human rights plans, to apply a human rights approach to SHD and to contribute to human rights dialogue and advocacy - are all shared and promoted by OHCHR. The human rights expertise of OHCHR will contribute to the design of guidelines and indicators, to the development and backstopping, monitoring and evaluation of the pilot projects and other national level activities, to advisory services in fields like constitutional and legislative drafting and procedures; training and educational programmes for lawyers, judges and educational institutions; human rights reporting mechanisms; and development of human rights institutions. Cooperation is also foreseen regarding the seminars under consideration and in the production of cases and other documentation of the experiences of the programme.

     

  2. A Programme for Learning

     

    HURIST as designed will be operational and directly useful in a considerable number of national situations. However, as a UNDP global sub-programme it will not be allowed to loose its focus on learning and knowledge creation. This is obvious in the case of Windows 1, 2 and 3, where the pilot projects will be undertaken to provide experiences to be studied and disseminated. This focus is also easy in the case of Window 4, which has policy exploration as its objective. Care will have to be taken that the programming activities under Window 5, which are not specifically initiated as occasions for learning, are well documented, particularly to provide best practice cases and thus made accessible for a wider audience than the country where they are undertaken. In the implementation of the programme activities, it should also be remembered that the various windows with their different foci are not undertaken in isolation from each others. Instead, possibilities for cross-fertilization and relevant comparisons should always be kept in mind. The ambition of HURIST should, however, go beyond the learning from its own experiences and their dissemination. With the help of its partners and the Consultative Group (see below), HURIST should be in a position to facilitate more generally for UNDP and the OHCHR to get access to what goes on in the field of human rights integration with SHD. Thus, it will not be only the experience of the activities undertaken within the HURIST framework that will be available for dissemination through the Global HUB and SURF system and other available channels throughout UNDP and the OHCHR. What will be learnt from other organizations concerned with the integration of human rights with development will also be shared through these channels.

  3. Promoting Partnerships

     

    The design and implementation of individual HURIST projects will require the involvement of many partners in the individual countries where the projects are based, and internationally. The main partners are national and local government officials, parliamentarians, members of the legal profession; legal, political and environmental CSO’s, community organizations, business corporations and trade unions, universities and schools, women’s and indigenous peoples’ groups, media, and representatives for donors and international CSO’s, and regional and multilateral organizations. (On this subject see also the chapter on Donor Collaboration and Co-ordination below.)

     

    In Window 1 the building and strengthening of a national partnership focused on the national human rights system and an institutionalization of sustained collaboration, is central to the objectives of HURIST. The approach to encourage and support long-term cooperative partnerships with a shared vision and a set of common development goals will be promoted in the other windows where appropriate. The expansion and strengthening of national and international partnerships will also help to develop the contacts and networks required for UNDP’s active role in the field of human rights, thus strengthening UNDP’s overall capacity to make a contribution in this field.

     

  4. Support to Civil Society OrganizationsCivil Society Organizations (CSO’s) and Private Sector Organizations (PSO’s)

     

    HURIST will encourage the participation of both CSO’s and PSO’s in the national human rights system and in its programming activities. This is in line with UNDP’s present work in fields like poverty eradication, sustainable livelihood and in connection with CEDAW and the empowerment of women. The mode of participation might, however, sometimes vary for CSO’s and for PSO’s. The following considerations would apply.

     

    CSO’s (NGO’s, CBO’s, professional associations, etc.) are not only potentially important partners in the design and implementation of HURIST projects, but they can also be recipients of support under the programme. However, there will have to be an assessment on a country-by-country and case-by-case basis of which CSO’s to support directly. HURIST should refrain from supporting staid and corrupt organizations with no real commitment to improvement in human rights.

     

    PSO’s, in particular large corporations, will often have their own programmes in support of community or cultural or sports development activities, as part of their public and community relations programmes. Their employment policies and practices should conform to human rights standards and, depending on their level of awareness, they might have a social responsibility policy that often includes a code of ethics related to community and environmental issues. Some large multinationals have made human rights a criterion for operating in certain countries and some have played a catalytic role in situations of severe violation of human rights, as in South Africa and Myanmar. The promotion, protection and realization of human rights, especially economic, social and cultural rights, depend perhaps as much on the commitment and efforts of PSO’s as on those of governments and CSO’s. They are therefore natural and essential partners in national human rights systems and in HURIST activities. There are also likely to be PSO’s that are perceived as violators of human rights in one form or another, which makes it all the more important to involve them in the national partnerships.

     

    At the same time as taking somewhat different approaches to direct involvement with CSO’s and PSO’s, HURIST will promote an open and inclusive approach to the national partnership for human rights. It is critical that all stakeholders be free to participate and cooperate and seek mutually acceptable resolution of conflicts and avoidance of confrontations. The pilot projects as well as other national level activities must remain responsive to the inevitable tensions and stresses that accompany institutional and social development in such a sensitive area as human rights. A shared vision is an indispensable foundation for building lasting partnerships for progress in human rights. HURIST will seek to assist in the development of an enabling environment for human rights in the countries where it supports activities.

     

  5. Donor Collaboration and Co-ordination - A Consultative Group

     

    HURIST’s role in achieving UNDP’s human rights policy objectives, makes donor collaboration and co-ordination of particular significance in the programme. There are several important aspects:

     

    HURIST will provide UNDP with experiences, tools, guidelines and case studies, which could become a significant contribution to an international exploration of the mainstreaming of human rights within sustainable human development. This again calls for cooperation, for mutual sharing and building experience together and learning from each other. HURIST will enable UNDP to be an important partner in this international exploration and to have something to offer in its relationship with other development agencies. In this way HURIST will help to facilitate an international learning experience, which is always one of the aims of UNDP global programmes.

     

    HURIST will be a tool in some countries for strengthening their capacities for the promotion of human rights. The owners of these plans will be the national governments and their partners, but their development and successful implementation will very often require that donors and international organizations accept them as the framework for interventions to promote human rights in the country. This calls for close cooperation with a country’s donor community in the implementation of HURIST.

     

    HURIST will depend on donor financing for the major part of the cost. Success in fund-raising is consequently a necessity for the implementation of HURIST. However, the contribution of funds from donor agencies should not be seen as the main aspect of the cooperation with donors and potential donors. Instead, HURIST will seek to involve donor agencies in substantive cooperation, where they both influence the direction of HURIST, share in the experiences and make possible comparisons of HURIST experiences with those gained in their own activities. Donor agencies might be interested in participating in HURIST as a whole, or in only one or two windows. HURIST is designed and can be implemented in such a way that different sets of partners can be involved in different windows and countries. On the basis of discussions with bilateral donors, it is concluded that some of the financing will be contributed centrality to HURIST as a whole. However, it should be possible to complement that financing with contributions of bilateral development funds destined for specific country, when HURIST activities take place in that country. That would reduce the cost of HURIST below what is being budgeting, or at least make the low budgeting of the costs for pilot activities realistic.

     

    Discussions with potential donors have shown that there is great interest in the creation of a consultative group for HURIST. Several potential donors feel that they are presently involved in an exploration similar to that of HURIST and that a forum for experience sharing would be valuable also beyond the function to oversee the implementation of HURIST. Thus, such a group would oversee the implementation of HURIST and at the same time offer a forum for experience sharing regarding the integration of human rights with sustainable human development. It would comprise representatives for donors, potential donors and organizations with a major role in the implementation of HURIST. Guidelines for the Consultative Group will be developed and agreed with the partners.

     

  6. Implementation Arrangements - Levels of Funding

 

HURIST will be executed by UNOPS in close cooperation with MDGD in UNDP and the OHCHR. The actual execution of the national projects under Windows 1, 2 and 5 will be determined on a country by country basis. Whenever possible, national execution will be preferred. OHCHR will be substantively responsible for Window 3 regarding promotion of ratification. Window 4 may require different implementation arrangements, such as partnership with one or more prominent institutions specialized in human rights and globalization.

 

At the outset, it should be understood that the execution of HURIST will start even before all the budgeted resources have been raised. It is hoped that interested donors will come on board as contributors, as the Programme gets under way. Efforts will also be made to reduce the cost to HURIST of activities in individual countries by seeking financial contributions to projects from bilateral donors to the countries in question. So for instance, the budget will provide only a seed of $100,000 to the cost of the pilot projects under Windows 1 and 2 with a view to keeping down the HURIST budget and as an impetus to cooperation with donor agencies. Should these ways to finance HURIST prove insufficient, the first cut in the programme of activities will be Window 4 regarding human rights and globalization. However important this component is, ideologically and intellectually, it is something that can be implemented by other institutions. That is not true for the rest of the programme. The start-up of Window 4 will therefore wait until the end of 1999, when the financial situation can be assessed. The design of HURIST also allows for flexibility, particularly in the volume of activities under Windows 3 and 5. With less funds than budgeted, the activities under these Windows will have to be adjusted to available resources.

 

The initial programming and budgeting of the activities will be for three years. However, the implementation of HURIST is from the beginning assumed to last for four years, as meaningful learning from the experiences will in many cases call for a longer period for study and dissemination of results.

 

The project implementation is subject to UNDP and UNOPS established rules and regulations. The provisions that will guide project operations and implementation will be documented by UNOPS in an operations manual to be established at project inception. This manual will be shared with all partners concerned.

 

 

  1. DEVELOPMENT OBJECTIVE, OUTPUTS AND ACTIVITIES.

 

The following planning matrices for the specification of outputs, activities, indicators and benchmarks for the objectives of each of the four HURIST windows have been developed to facilitate further planning of project-level details. These matrices address the planning that can and must be done at the global level in collaboration with country-level and international partners. The specification of all the elements for the country-level activities within windows 1, 2, 3 and 5 will result from the implementation of the global programme activities included here. They will be detailed in specific project documents. Special programme documents will also be developed for activities under window 4.

PLANNING MATRICES FOR SPECIFYING OUTPUTS, ACTIVITIES, INDICATORS AND BENCHMARKS FOR THE FIVE WINDOWS OF HURIST

 

Window 1: Pilot demonstration of national human rights plans created to strengthen national capacities to promote, protect and realize human rights and fundamental freedoms.

 

Objective: Five countries in different regions assisted with national human rights plans to making marked progress in the promotion, protection and realization of all human rights and fundamental freedoms, including the development of the capacities of all partners for the implementation of the plan and working in partnership.

 

 

 

Outputs

 

 

Activities

 

 

Success

Indicator(s)

 

Benchmark Year 1

 

 

Benchmark

Year 2

 

 

Benchmark

Years 3/4

 

 

1. Five national human rights partnerships.

 

1. Develop prel. guidelines for national human rights plans.

2. Invite five countries after consultation with RX and COs.

3. With key national partners, conduct stakeholder analysis of human rights system in country, including capacity assessments

4. Assist in development of a partnership framework and support formation of partnership.

 

 

Effective national human rights partnerships formed on consensual basis.

 

1. Guidelines developed and tested. 2. 5 countries invited and confirmed. 3. 5 stakeholders analyses with capacity assessments completed. 4. 5 partnerships frameworks developed.

 

 

 

 

 

 

 

 

 

 

4. 5 partnerships strengthened

 

 

 

 

 

 

 

 

 

 

4. 5 partnerships strengthened

 

 

2. Five national human rights plans developed and implemented.

 

 

1. Develop TORs for national planning process in close collaboration with key national partners

2. Develop national strategic plans, including action plans for their implementation

3. Mobilize necessary funds

4. Support key elements of implementation of plans

 

 

Realistic national human rights plans are widely accepted and promoted by all partners and implementation initiated.

Capacity of members to promote human rights strengthened.

 

1. 5 TORs developed

2. 5 national human rights plans developed.

 

 

3. Funding mobilized and plan under implementation. Capacity of members strengthened.

 

 

3. Plan under implementation. Capacity of members strengthened.

 

 

 

 

 

 

 

3. Workshop and evaluation reports, sharing experience, lessons learned on national, regional and global levels, show-cases

 

 

1. Support networking and exchange of information among participating countries

2. Organize a workshop for the sharing, comparison, analysis and assessment of experiences in the five countries.

3. Evaluate programmes in five countries, produce comparative report and draw on experience to refine guidelines.

4. Disseminate lessons learned widely within and among regions and show-case successful experiences

 

 

 

Growing awareness and understanding of conditions, policies and practices. Interest in implementing national human rights plans demonstrated.

 

 

1. Network operational and sharing regularly

 

 

2. Workshop held and report widely distributed

 

 

 

 

 

 

3. Evaluation completed, guidelines refined

 

4. Global access to information on programme

 

 

 

Window 2: Pilot demonstrations of Human Rights Mainstreaming in Sustainable Human Development

 

Objective: Test through five pilot projects in different regions of a human rights approach into SHD programmes, including building capacity for mainstreaming human rights in development.

 

 

 

Outputs

 

 

Activities

 

 

Success

Indicator(s)

 

 

Benchmark

Year 1

 

 

Benchmark

Year 2

 

 

Benchmark

Years 3 and 4

 

 

1. Five pilot projects designed, approved and implemented.

 

 

1. Develop prel. guidelines for mainstreaming human rights in SHD-programming.

2. Invite five countries in consultation with RX and COs to participate, identify project focus and establish partnership with key actors.

3. Develop TORs for national mainstreaming of human rights in SHD in close collaboration with key national partners.

4. Develop national mainstreaming project, mobilize necessary funding and assist with launching of implementation.

5. Support key elements of implementation of plans.

 

 

Guidelines and TOR seen as useful and applicable. Progress in implementing five pilot activities demonstrating human rights mainstreaming in SHD programming. Value of human rights approach to development planning recognized by key actors in the countries concerned.

 

 

1. Guidelines developed and applied.

2. 5 countries invited and confirmed

3. TORs developed in 5 countries

4. 5 pilot activities developed

 

 

 

 

 

 

 

3. Funding mobilized and implementation launched

4. Implementation supported

 

 

 

 

 

 

 

 

 

 

 

4. Implementation supported

 

 

2. Guidelines and methodologies for mainstreaming human rights in SHD

 

 

1. As 1 above, drawing on experience of countries and donors and related areas, such as gender mainstreaming.

2. Support the development of specific methodologies for relevant policy areas, including development of indicators, data disaggregation and analysis, animation and facilitation of participatory development

 

 

 

Programme teams have adequate guidelines and effective methods for mainstreaming human rights in SHD

 

 

1. Guidelines developed and field-tested as in 1 above.

 

 

2. Country and subject -specific tools and methods developed in 3 countries

 

 

 

 

 

 

2. Country-specific tools and methods developed in 2 countries.

 

 

 

 

 

3. Strengthened capacity for mainstreaming human rights in SHD in 5 countries and UNDP

 

 

1. Develop appropriate training materials and modules to assist programme teams in acquiring the necessary know-how to implement programmes effectively

2. Conduct rapid, informal training-learning exercises for key programme personnel within the country, including all partners

 

 

At least 25 key personnel in each country with strengthened capacities to implement effective mainstreaming of human rights in SHD

 

 

 

 

 

1. Training material developed on the basis of pilots and similar experiences. Country-specific applications developed.

 

2. Training conducted

 

 

 

 

 

 

2. Training repeated and activities in other areas encouraged.

 

 

4. Workshop and evaluation reports, sharing experience, lessons learned on national, regional and global levels, show-cases

 

 

1. Support networking and exchange of information among participating pilots.

2. Organize a workshop for the sharing, comparison, analysis and assessment of experiences in the five countries.

3. Evaluate programmes in five countries, produce comparative report and draw on experience to refine guidelines for mainstreaming human rights in SHD

4. Disseminate lessons learned widely within and among regions and show-case successful experiences

 

 

 

Growing awareness and understanding of conditions, policies and practices that result in effective mainstreaming of human rights in SHD. New applications of approach in pilot host countries and in other countries.

 

 

1. Network operational and sharing regularly

 

 

 

 

2. Workshop held and report widely distributed

 

 

 

 

 

 

3. Evaluation completed, guidelines refined

 

 

4. Global access to information on programme

 

 

 

Window 3: Promoting ratification of the principal international human rights treaties

 

Objective: Contribute to achieving universal ratification of the human rights treaties, particularly in Africa and Asia/Pacific regions

 

 

Outputs
 

Activities
 

Success indicators

 

Benchmark

Year 1

 

Benchmark

Year 2

 

Benchmark

Year 3

 

1. Strengthened national interest in ratification and implementation of human rights treaties.
 

1. Three workshops (regional or sub-regional)

 

The question of ratification is raised on the national agenda;

Greater understanding on the implications of ratification is imparted on national officials;

Increased level of ratification of the instruments;

Improved treaty follow-up

 

regions where workshops will be held are identified

 

1. workshops are held, identifying specific concerns to be addressed and/or identifying sub-regions or countries with serious interest in ratification

2. requests for follow-up activities are received.

 

Follow-up activities are undertaken.
 

 
 

2. Three follow-up workshops (sub-regional or national)
 

as above
 

 

 

1. follow-up workshops are held

2. further follow-up activities, if necessary, are determined (to be dealt with through Windows 1 or 5 or through OHCHR technical cooperation activities, as appropriate)

 

Initiatives for movements toward ratification are visible, such as undertaking of studies, submission of acts of signature or ratification to responsible units of government, etc.

 

 

 

 

 

 

 

 

 

Window 4: Advancing Global Human Rights Dialogue on Globalization.

 

Objective: Global dialogues on the human rights dimensions and implications of globalization, including regional initiatives.

 

 

 

Outputs

 

 

Activities

 

 

Success

Indicator(s)

 

 

Benchmark

Year 1

 

 

Benchmark

Year 2

 

 

Benchmark

Year 3

       
 

 

 

1. Improved understanding of the human rights implications of globalization

 

 

1. Commission 10-12 issue papers on the human rights implications of globalization, at least one from each of 5 UNDP regions dealing with regional perspectives and others focusing on different types of human rights and case material from countries

2. Organize seminar with key stakeholders from all three domains, allowing in-depth examination of the issue papers

3. Follow-up on seminar recommendations

 

 

10 - 12 high quality issues papers on human rights implications of globalization

 

Successful seminar with clear value-added

 

Key recommendations pursued

 

 

1. Issue papers commissioned

 

 

 

 

 

1. Papers completed.

 

2. Seminar held

 

 

 

3. Follow-up supported

 

 

 

 

 

 

 

 

 

 

3. Follow-up supported

       

 

 

2. Effective contribution to the international debate on the human rights implications of globalization.

 

 

1. Produce synthesis or overview report of seminar outcomes and revised issues papers, including papers on additional issues identified at the seminar

2. Publish book in collaboration with prominent publisher on international issues

3. Market book widely

 

 

Completion of high quality book manuscript

 

Book prominently published

 

 

Book marketing campaign with publisher

 

 

 

 

 

1. Seminar synthesis and overview produced and manuscript completed.

 

 

 

 

 

 

Seminar synthesis and overview produced and manuscript completed.

 

 

2. Book published

 

3. Marketing plan made and book marketed.

4. Continued promotion of follow up activities to be defined.

       

 

 

 

 

 

Window 5: Supporting Country and Regional Initiatives in Human Rights

 

Objective: UNDP Country Offices and SURFs enabled to respond to country requests for support of priority human rights initiatives with potential catalytic effects on human rights progress in the country, including initiatives similar to those sponsored in Windows 1 and 2. Support for COs can take the form of provision of UN volunteers. Window will also link HURIST to regional activities.

 

 

 

Outputs

 

 

Activities

 

 

Success

Indicator(s)

 

 

Benchmark

Year 1

 

 

Benchmark

Year 2

 

 

Benchmark

Year 3

 

 

1. At least 15 countries supported in strengthening capacities for improving human rights performance

 

 

1. Invite CO’s, together with RX, to submit country requests for assistance in human rights programming.

3. Provide support to CO’s and SURF’s in their programming and continued support of activities in the field of human rights.

 

 

 

Fifteen countries with strengthened capacities to promote, protect and realize human rights

 

 

1. CO’s invited and countries confirmed

2. Projects developed and approved in 2 countries

 

 

 

 

2. Projects developed and approved in 5 countries

3. CO’s and SURFs backstopped

 

 

 

 

2. Projects developed and approved in 10 countries

3. CO’s and SURFs backstopped

 

 

2. Participation in workshops on sharing of experiences among countries in regions

 

 

1. Invite participating countries to participate in workshops organized in Windows 1 an 2 and include them in networking

 

 

45 key human rights personnel participate in workshops and have valuable learning experience.

 

 

 

 

 

1. Participation of concerned staff.

 

 

 

 

2. Participation of concerned staff.

 

 

3. Evaluation report on supported projects and lessons learned included in globally accessible database.

 

 

1. Evaluate supported activities in participating countries, produce synthesis report focusing on lessons learned and post the latter on the UNDP Web site

 

 

 

Lessons learned accessible and used on global basis.

 

 

 

 

 

1. Evaluation planned and commissioned

 

 

1. Evaluation completed, results and lessons learned posted on Web-site

 

 

4. Provision of 10-12 UN Volunteers to UNDP COs.

 

 

 

 

1. Map CO need and interest in UNVs with experience of human rights work.

2. UNV identifies candidates

3. Selection of posts together with UNV

4. Training of candidates by UNV and OHCHR

 

 

10-12 UN volunteers performing successfully and strengthening capacity of respective COs to work with a human rights approach to development.

 

 

3 volunteers posted

 

 

Remaining posted

 

 

Programme component assessed with conclusions regarding future deployment of volunteers.

 

 

5. Links with regional UNDP activities in human rights.

 

 

1. Consultations with regional programme for human rights to identify areas of cooperation and sharing of experiences.

 

 

 

Coordination of activities and mutual sharing of experience

 

 

Plans of cooperation with all regional programmes

 

 

Follow-up of plans

 

 

Follow-up of plans.

Assessment of experience.

 

 

 

  1. INPUTS

(to be identified for the separate components.)

 

2. BUDGET

 

 

  1. RISKS

 

Particularly the activities under Windows 1, 2 and 3 are intended to be innovative and experimental. The level of ambition is high and the intention is that all involved should be able to learn something from these projects. Under such circumstances, there is, of course, an obvious risk that the activities may run into difficulties. The reasons may be many – because the topic is sensitive, because the level of ambition is high, because the political commitment proves insufficient, because the time allowed for the project is insufficient etc. There has to be an awareness of these risks in the design and implementation of the activities. The programme is sufficiently flexible to find responses to these difficulties. To these risks should be added, however, a more general political risk. The political situation may change in a country and the assumptions under which the activities have been initiated may be radically undermined. There is no guarantee against such a risk. It can be hoped, however, that things will change again and that the seeds sown will get a new chance.

 

4. PRIOR OBLIGATIONS AND PREREQUISION

 

 

  1. Prior obligations

     

    None.

     

  2. Prerequisites

 

The very sensitivity of the activities makes it important that there exists a strong commitment to the programme on the part of the governments concerned.

 

  1. PROJECT REVIEWS, REPORTING AND EVALUATION

 

The project as a whole will be subject to a review involving UNDP, OHCHR UNOPS with participation of the contributing organizations sixteen months after the start of implementation. Towards the end of the project period, during the fourth year, there will be an independent evaluation as basis for an assessment of the project under participation of the same organizations.

The individual projects supported under Windows 1 and 2 will be subject to the reviews and evaluations specified under Activities, while projects developed under Window 5 will be reviewed and evaluated under regular UNDP rules as specified in the individual project documents. Remaining activities will be covered by the programme reviews and the final evaluation.


Annex 1

 

International Support of Human Rights as part of Development Cooperation:

The Activities of Bilateral Donors

 

The present Programme for Human Rights Strengthening (HURIST) is initiated in full awareness of the substantial international efforts to promote human rights that are undertaken by bilateral aid donors, multilateral organizations as well as national and international NGO’s. That it still has a role to play is justified in this document. The present annex provides a brief overview of the approaches taken by a selection of bilateral development agencies and multilateral organizations on the integration of human rights concerns into development work.

 

Human rights on the development policy agenda

 

With the tension between East and West decreasing at the end of the 80’s and the beginning of the 90’s, human rights, previously rather the concern of a few, gradually became the concern of a larger number of actors on the international stage. More frequently than before, international development assistance, which in the previous years had often been used for strategic interventions by the parties in the cold war to secure political influence in a particular region, was given the objective to promote democracy and human rights. The focus on human rights provided a moral standard to guide efforts in international development cooperation. Apart from providing moral guidance, however, the observance of human rights came also to be seen as an important precondition for effective and sustainable human development.

 

A number of bilateral agencies and multilateral organizations adopted policy strategies to promote human rights as part of their development activities. This applied to most European countries, USA, Canada, Japan, Australia, New Zealand, as well as the European Union. When the member nations of the Development Assistance Committee (DAC) of the OECD in 1995 agreed on shared orientations for their development co-operation in the 21st century they explicitly included the protection of human rights in the list of preconditions for the effective promotion of sustainable development. Reflecting on the contribution of development assistance to the shaping of the 21st century, the DAC members acknowledged their responsibility to support the promotion of human rights in effective partnerships with developing countries.

 

The International Bill of Rights, along with the other human rights instruments of the United Nations and of regional bodies provide the frame of reference for the promotion of human rights in international development. In their policy statements, donor agencies refer to these treaties as their guiding principles and stress the indivisibility and inter-dependence of all human rights, recognizing that human rights include civil, cultural, economic, political and social rights. Practically, however, most of the projects that are labeled human rights support address primarily political and civil rights.

 

Programmes and Projects for Human Rights Promotion

 

The promotion of human rights in international development is often part of a more general concern of development agencies for issues like "good governance", "democracy" and the "rule of law". The majority of donors see their role in the promotion of these issues in the establishment of a supportive relationship with their partner governments and therefore stress the importance of "positive measures" and policy dialogue, rather than the application of political conditionally. The withdrawal or the re-direction of aid is generally only seen as the "last resort" in the case that partner governments repeatedly fail to cooperate and continue to violate human rights. Only a small number of agencies integrate political conditionality into their policy strategies from the outset of the policy formulation process, most prominently Germany and Japan.

 

With respect to "positive measures", agencies offer both short term interventions that give assistance to projects with a rather limited scope and long term support for comprehensive institution building. Donors with long term projects generally find it important that their commitments are integrated into comprehensive country strategies. In an internal evaluation paper, CIDA for example stresses the necessity of a thorough analysis of the country in question as well as a comprehensive and coherent commitment of the Canadian Government to support activities in this country, before CIDA can engage in institutional strengthening in the country. Institution building is also considered to be resource intensive, so that this type of support often has to be limited to a few selected partner countries. Following this pattern, Sweden supports long term institution building only in a small number of countries but cooperates through a more flexible short term approach with a wider circle of countries. Institutional support is directed at different sectors of state and society and generally offered through the dissemination of knowledge through seminars and training, awareness campaigns or by funding human rights institutions in the donor countries as well as their partner countries.

 

Institution-building activities include:

 

support to the judiciary: Assistance to the legal system is a high priority for a majority of donor agencies. Projects include a variety of measures and address different sectors of the judicial system, including revisions of criminal justice systems and human rights training for judges.

 

However, a DAC evaluation concludes that the experiences with support for the judiciary have been primarily negative and that projects often have proven to be of little effect. The DAC experts make the following recommendations:

 

 

support to institutions of the legislature and the executive, which includes assistance to improve the functioning of democratic institutions, the support of special law reforms in relation to land rights, gender equality and labour conditions, assistance to governments in developing procedures for financial transparency and accountability, the development of tertiary education programs in areas such as human rights law and the improvement of the functioning of police and prison systems.

 

institutional development of civil society organizations, including the strengthening of national human rights NGO’s and other rights related organizations and an independent media through training and technical assistance. Support for the civil sector in partner countries is often channeled through national NGO’s in the donor country. Recipients of assistance can also be regional or international NGO networks.

 

Short term assistance is generally offered on a project basis. Projects can include the provision of human rights education, for example through the development of human rights related school curricula, human rights awareness campaigns through the production of pamphlets on human rights, the organization of rights related book-fairs, support for the development of radio programs with a specific human rights content, etc.

 

Women’s and children’s rights are often specifically addressed in human rights programmes. Activities to support these groups cover the whole range of available measures: awareness campaigns, education and training, institution building and strengthening etc.

 

Most donor agencies additionally support human rights through other development projects, often without presenting human rights as a central programme objective. Activities of this type generally aim at:

 

 

It is obvious that the majority of these activities aims at promoting political and civil rights, rather than economic, social and cultural rights. The report of the DAC expert group confirms this impression. Despite their commitment to the indivisibility and inter-relatedness of all human rights, most donors primarily address political and civil rights in their designated human rights programmes (DAC, 1997; also Crawford, 1995). Aid agencies often take the position that economic, social and cultural rights are automatically promoted through their general development work, especially in sectors like health, education or agriculture.

 

Mainstreaming human rights into development policy

 

According to a DAC policy evaluation, only a few agencies have started to formulate comprehensive strategies for human rights promotion and to incorporate human rights into their operational guidelines and administrative procedures. Donors state their intention to mainstream human rights, but so far it does not seem to have happened in a great number of cases.

 

The DAC report identifies the following reasons for the slow pace in mainstreaming human rights:

 

 

A number of agencies have started to address these issues in their organizations. Sida for example is conducting a "needs analysis" and a "plan for recruitment and skills development", as well as further organizational changes, to upgrade the organizational capacity of the agency to integrate human rights with development. An internal review of CIDA’s experiences with human rights promotion also calls for a stronger up-grading of skills in the area of human rights within the organization.

 

What action does a commitment to mainstreaming require for the promotion of economic, social and cultural rights? The DAC report concludes that implementation of economic, social and cultural rights goes beyond the realization of basic human needs and a poverty-orientation of assistance and is also more comprehensive than the implementation of welfare programs. Apart from the provision of goods and services through assistance, a development approach based on economic, social and cultural rights would specifically imply the obligation of the states to provide these goods and to respect and actively protect the rights of the beneficiaries to the services in question .

 

Collaboration with NGO’s

 

NGO’s play an important role in the promotion and protection of human rights. Although their activities used to be limited to the monitoring of human rights violations, NGO’s have now increasingly become active in the observation and reporting of legislative changes, judicial decisions and the implementation of international treaty obligations. Many NGO’s explicitly promote economic, social and cultural rights by advocating these as standards for national development. Another important aspect of work done by NGO’s is to direct attention to people or groups of the population that formerly had been forgotten by the international human rights regime, like women, bonded labor etc.

 

Most donors see civil society organizations as important partners in human rights promotion. In fact: a majority of the agencies allocates more assistance in this area to civil society organizations than to state institutions. In the period 1988-1993, Denmark for example provided twice as much human rights assistance to institutions of the civil society than to public bodies. The same applies to CIDA: About 65% of its assistance in 1996 was directed to civil society, whereas only 23 % of the funds went to national and local governments. In its internal evaluation, CIDA specifically states that it does not find it recommendable to allocate large amounts of funding to a limited number of government organization. Sweden applies a "principle of complementarity" to its aid allocation: inputs to improve state performance in given areas will be complemented by inputs to assist civil society.

 

Civil society support becomes particularly important in situations when the national government of the partner country proves unable or unwilling to cooperate in the strengthening of human rights. In these cases, support to human rights NGO’s is considered an alternative to cooperation with the government. The re-direction of aid from state agencies to civil society sometimes serves as a signal of dissatisfaction with the performance of uncooperative public institutions.

 

The Technical Cooperation Programme of the Office of the High Commissioner for Human Rights (OHCHR)

 

The Technical Cooperation Programme in the field of human rights is a United Nations programme implemented under the leadership of the High Commissioner for Human Rights. The aim of the programme is to respond to government requests for assistance in the incorporation of international human rights standards into national laws, to support national human rights capacity building and the development of regional structures for the promotion and protection of all human rights, democracy and the rule of law.

 

In recent years, the number of requests from Governments for technical assistance has increased dramatically. This has led to a strong increase in the programming activities of the Office of the High Commission for Human Rights (OHCHR). As of 31 January 1997, a total of 44 projects were either being implemented or had been approved, which adds up to a total of nearly $19 million in human rights assistance from OHCHR. The initiatives cover a wide range of human rights assistance to requesting governments, including:

 

 

Major human rights activities are also carried out at the regional level, including support for the creation of regional networks and the establishment and strengthening of regional human rights arrangements. At the global level, activities include various human rights education activities and human rights training for military and peace-keeping operations, as well as for international civil servants, in accordance with the Vienna Declaration and the Plan of Action. Several manuals, handbooks and modules are being produced to support training and other technical cooperation activities. Special materials are adapted specifically to the recipient country in order to facilitate the integration of human rights into existing programmes and curricula.

 

Technical cooperation projects are developed in close cooperation with the requesting government and United Nations agencies present in the country concerned. OHCHR and UNDP have jointly developed and funded several projects to establish national institutions. Programme implementation is also carried out in close coordination with the United Nation’s Resident Coordinator in the programme country, to ensure that the programme activities are part of a coordinated United Nations intervention and complimentary to the projects of other actors in support of the government goals, programmes and plans of action. Similarly, OHCHR works closely with regional organizations in the implementation of technical cooperation projects within specific regions, such as the Council of Europe, the Organization of African Unity and the African Commission on Human Rights and People’s rights, the Organization of American States, the Inter-American Commission and the Organization for Security and Cooperation in Europe.

 

The programme has a special focus on countries and regions in transition to democracy. Assistance generally takes the form of provision of expertise (advisory services, training courses, workshops, seminars) or financial resources (fellowships, grants) or general information and documentation. In carrying out technical cooperation activities, OHCHR draws upon a roster of experts with specialized knowledge and experience in key areas of the programme. The expertise developed among staff members is also used to implement the programme components.


Annex 2

 

 


Annex 3

 

TERMS OF REFERENCE

 

UNV Human Rights Specialists

(For UNDP Country Offices)

2 years

 

  1. Context:

     

    Human Rights

    UN VOLUNTEERS (UNVs) have a proven record in human rights work. Since the late 1980s, hundreds UNV Specialists have contributed to human rights promotion and protection through involvement in United Nations operations for human rights, democracy and peace-building. UNV is particularly interested in grassroots, participatory approaches to increasing awareness of rights issues among vulnerable populations and advocacy groups, thus contributing to the United Nations Development Programme's (UNDP) commitment to promote respect for human rights to ensure sustainable human development.

     

    In the field of human rights, UNV Specialists work with governments, NGOs, police, military, and local populations on advocacy issues, review of and involvement in legislative processes, implementation of and government reporting for Human Rights Conventions, civic education, and the promotion and monitoring of human rights. UN Volunteers working with MINUGUA in Guatemala for example have shifted from earlier human rights promotion and protection activities, to monitoring the implementation of the December 1997 peace accords. Their activities include monitoring the agreement on social and economic issues, and the agreement on the identity and rights of indigenous peoples. UNV has supported other capacity-building projects for indigenous populations such as the Highland minorities of Cambodia, as well as supported UNICEF in the implementation of the Convention of the Rights of the Child in Central America. Another example is in Latin America where UN Volunteers are working with Ombud person’s programmes to assist in the decentralization and the expansion of such offices, as well as to provide capacity building assistance.

     

    Related Experience as a Focal Point in UNDP

    Complementing UNDP/OHCHR’s work towards realizing economic, social and cultural rights UNV can draw on its longstanding experience in the area of participatory and community development. Globally, UNV is contributing to the strengthening of UNDP Country Offices and the UN System in the area of gender. UNV Gender in Development Specialists placed in UNDP Country Offices are working to increase the UN system’s knowledge of and capacity to integrate gender issues into programming. Their work is contributing to the implementation of the follow up to the Beijing Platform for Action. In other fields UNV Specialists serve as Country Programme Officers for disaster management training, and as Participatory Development Specialists developing national plans to combat desertification.

     

    Under the UNDP/OHCHR HURIST project, UNV Human Rights Specialists will assist in the implementation of country-based human rights activities, contribute to strategic human rights initiatives, and provide support to regional initiatives on human rights.

     

    Following are the Terms of Reference for the UNV Human Rights Specialists:

     

  2. Background

 

The UNV Human Rights Specialists will be located in UNDP Country Offices and will work under the overall supervision of the UNDP Resident Representative to implement human rights activities, particularly in countries where HURIST supports activities. The UNV Human Rights Specialist will have the following duties:

 

  1. Duties and Tasks: (The following are examples of possible tasks. Specific duties to be defined by the UNDP Country Office.)

 

  1. Within the UNDP Country Office, serve as a focal point on all matters related to human rights.
  2. Liaise with all UN Agencies and International NGOs dealing with human rights issues including in the areas of economic, social and cultural rights.
  3. Interact with Government, and local NGOs and institutes working on human rights issues. Identify priority areas for technical assistance in human rights.
  4. Where appropriate, contribute towards capacity building for the implementation and reporting requirements for Human Rights Conventions.
  5. Design and implement a programme of information and education to promote respect for human rights.
  6. Facilitate the organization of workshops or training programmes on human rights for police and military officials, wherever possible with OHCHR technical assistance.
  7. Refer individuals and organizations with human rights grievances to the appropriate source for documenting and addressing human rights grievances.
  8. Contribute to the knowledge and strengthening of human rights programming in the UNDP Country Office and among the UN system at country/regional level.
  9. Contribute to the development of a strategy for integrating human rights into UNDP CO and UN system-wide programming.
  10. When applicable, contribute to programming and design of activities in Windows 1 and 2 of the HURIST project.
  11. Develop a human rights briefing kit, and organize training sessions for UN staff members to increase knowledge and awareness of human rights issues.
  12. Support and or/initiate interagency working groups on human rights.

 

 

 

  1. Qualifications

 

  1. Advanced university degree preferably in a field related to human rights or development (e.g. law, social science, development, or political science) with specialization in human rights or development an advantage.
  2. A minimum of five years of experience in the area of human rights, preferably with field experience in United Nations Missions.
  3. Excellent interpersonal skills and ability to operate in multidisciplinary environment. Objectivity and impartiality.
  4. Maturity, and judgment necessary to deal with senior government officials and to face delicate (and possibly dangerous) human rights situations.
  5. Excellent writing and communication skills.
  6. Fluency in English and, in francophone countries, French. Fluency/familiarity with a second UN language depending on the region of assignment (Arabic, Chinese, French, Russian, Spanish) an advantage.

  


Annex 4

  

HURIST

 

Terms of Reference

 

Steering Committee (SC)

 

Background

 

1. For information about HURIST, the joint UNDP-OHCHR programme on human rights strengthening, reference is made to the programme document.

 

2. In the programme document, it has been agreed by UNDP and OHCHR that HURIST will have a Steering Committee (SC) to facilitate and guide the implementation of the programme. These are the terms of reference for the Steering Committee.

 

Composition

 

3. The SC will be composed of HQ representatives for the two organizations. Each organization will have a Programme Coordinator who speaks on its behalf in the SC. The Programme Coordinator can authorize some other official of the organization to speak on its behalf in the SC. UNDP’s Programme Coordinator will chair the Committee and be responsible, unless otherwise agreed, for the implementation of decisions and for the keeping of records. Whenever required, the SC will involve UNOPS and UNV in the consultations of the SC.

 

Assignment

 

4. The SC will have the overall role of serving as the contact forum between UNDP and OHCHR in matters regarding the implementation of HURIST. All important initiatives regarding HURIST will be taken only after consultation in the SC.

 

5. As examples of matters requiring SC consultations, the following can be mentioned:

- composition of missions;

- approval of mission reports and actions on the basis of reports;

- arrangements regarding workshops, seminars and conferences;

- production of case studies, reports, evaluations and other material documenting the programme;

- initiatives regarding support for regional activities;

- matters regarding fund-raising;

- matters regarding the Consultative Group (see programme document C.4)

- matters regarding training and deployment of UN volunteers;

- matters regarding publicity for HURIST.

 

 

6. The members of the SC will be responsible for keeping their respective organizations informed of the implementation of HURIST. The SC will also keep the Task-Force on the Memorandum of Understanding (MOU) between UNDP and OHCHR informed of major events in HURIST.

 

7. The SC will organize the meetings of the Consultative Group.

 

8. The reporting of the members of the SC is decided by their respective organization.

 

Mode of Operation

 

9. The SC will be a flexible instrument for cooperation between UNDP and OHCHR in all matters related to the implementation of HURIST. Formal meetings will take place three times a year, normally in connection with meetings of the Task Force on the implementation of the MOU. Most consultations will take place by telephone, e-mail or fax between the Programme Coordinators or persons authorized to represent them. Teleconferences will be used for meetings requiring broader participation.

 

10. Records will be kept of all decisions by the SC and shared electronically for approval.

 

  1. Decisions in the SC are to be reached by consensus. Failing to do so, the SC will

refer the matter under dispute to the organizations.

 


 

Annex 5

   

HURIST

 

Terms of Reference

 

Consultative Group (CG)

 

Background.

 

1. HURIST, a joint UNDP-OHCHR programme for human rights strengthening, will have a Consultative Group (CG) according to its programme document (C.4). For information regarding HURIST, reference is made to the programme document. The following are the TOR for the CG.

 

Composition.

 

2. The Consultative Group will have the following composition:

- representatives for donor agencies contributing to HURIST or in other ways cooperating with HURIST activities;

- key country level actors involved in HURIST supported activities;

- expert institutions or individual experts invited to the CG because of their - role in the implementation of HURIST or otherwise on the basis of relevant experience.

 

3. The CG will be chaired by a senior officer of UNDP or OHCHR as agreed from event to event

 

Objective.

 

4. The CG will offer a forum for experience sharing regarding a human rights approach to sustainable human development. Its specific objectives are to oversee and advise on the implementation of HURIST and at the same time to share experiences from other programmes of efforts to develop a human rights approach to sustainable human development.

Activities.

 

5. The CG will meet at least once a year during the life of HURIST. The first meeting will take place no more than six months after the start of the implementation of the programme.

At the CG meetings, the activities and plans of HURIST will be fully presented. Members of the CG will have the opportunity to discuss the reports and comment on the plans for the future of HURIST. These discussions and comments are advisory with regard to the implementation of HURIST.

The meetings will also be devoted to presentations and discussions of similar activities undertaken by other organizations. Members will have the opportunity to present relevant experiences from their own programmes.

 

Administrative Arrangements.

 

6. The meetings of the CG will be organized by the Steering Committee for HURIST.

 

7. HURIST will finance for the participation only of invited experts.