Monday, April 14, 2014

The U.N. Human Rights Commission Issues its "OHCHR Management Plan for 2014-2017"



The U.N. Human Rights Council, an inter-governmental body within the United Nations system made up of 47 States charged with responsibility for the promotion and protection of all human rights around the globe, has had a history that in many respects mirrors that of the contentiousness of its charge. Just as human rights itself is a malleable subject, and one that can be embraced in contradictory ways, as well as used as a cover for all sorts of ideological and state power agendas, so has this intergovernmental organization found itself  serving both the highest and loftiest goals over its history. That is not so much a criticism as it is an acknowledgement that agencies like the Human Rights Council can only reflect the collective wills and aspirations of the states (and increasingly important non-state stakeholders) whose collective character is etched into the UNHRC's organization and operation.   

It is with that in mind that the "OHCHR Management Plan for 2014-2017" recently released by the U.N. High Commissioner for Human Rights ought to be read.  It provides an interesting blend of aspiration and acknowledgement of structural limitation.  The most potentially contentious change appears to be a shift, perhaps modest, from the traditional emphasis on economic and social rights to civil and political rights.  This takes the form of a new emphasis on "widening the democratic space" in states (Management Plan, pp. 73- 83). creating It appears modest because it looks to target "public freedoms, human rights education and the work of human rights defenders and the media" (Management Plan p. 7).  Yet fundamental differences between the West and other states on the nature and character of these rights--and on the nature of "democratic space" will likely bog the UNHRC for some time, and may well threaten to continue to deepen the function of the UNCHR as an ideological space rather than an operational space for human rights principles.

This becomes apparent, for example, with the Management Plan's focus on the protection of human rights defenders in China (Management Plan, p. 219).  And yet, while the focus on China targets human rights defenders, that on Central Asia seeks to widen "the democratic space with a focus on: “public freedoms” (freedom of expression, assembly and association; and incitement to hatred) and human rights defenders" (Management Plan. p. 252). For the United States, however, the focus remains on social and economic rights, and democratic space is understood in terms of its approach to counter terrorism powers. (Management Plan, p. 188). These contextual shifts point either to the acceptance of a broad understanding of a contextually applied set of human rights norms, or an operationalization plan the mechanisms of which remain somewhat opaque. Universalist principles advocates will no doubt decry the unevenness.

Beyond the links provided for the Management Plan, this post includes the Introduction (Ibid., pp. 5-7), and the thematic priorities (with links) for each of the regions highlighted, all set out below.  For Implementing at the Country Level HERE; :





Introduction; 20 years working for your rights


Twenty years ago, an historic document was adopted in Vienna. It clarified the universality, indivisibility and interdependence of human rights and committed all States to the promotion and protection of all human rights – not just civil and political rights, but economic, social and cultural ones too, including the right to development. Among many other milestone achievements, the Vienna Declaration led to the creation of the Office of the High Commissioner for Human Rights and entrusted the High Commissioner with the responsibility of speaking out against discrimination, tyranny and disregard for fundamental values which rob our fellow human beings of their rights to live as equals, in dignity, free from fear and want.

Since then, there have been many advances; indeed, more than people perhaps realize. The fundamental structures for promoting and protecting human rights are largely in place. They include a strong and growing body of international human rights law and standards, as well as institutions to interpret laws, monitor compliance and apply them to existing, new and emerging human rights issues. Today, the conduct of States is more carefully scrutinized than ever before and the expansion of civil society organizations and individual human rights activists over the past 20 years has been truly remarkable. Along with independent national human rights institutions, these organizations form the bedrock of human rights development at the national level. But, it is a matter of deep concern that they are also facing increasing harassment and intimidation in many countries.

The 20 years since Vienna have also seen many setbacks. In many cases, there has been a tragic failure to prevent atrocities and safeguard human rights. Faced with deplorable, large-scale violations, the international community has in many instances been too slow, too divided and too short-sighted in its response to the warnings of human rights defenders and the pleas of victims.

What is crucial is that international human rights laws and standards must now be implemented to make human rights a reality on the ground. All too often, States lack the political will and the capacity to achieve this objective. The Vienna Declaration should be viewed as a blueprint for a magnificent structure that, regrettably, remains only half built.

Women continue to suffer discrimination, violence and persecution. Poulation shifts fuelled by rising poverty, refugee movements and volatile global economies require us to address and challenge fears of ‘the other’ as a priority. The exclusion, marginalization and abuse of people on the basis of their perceived race, their indigenous, ethnic or religious background, their colour, gender, caste status, disability, age, health status or sexual orientation, are scourges that the international community must combat.

Conflicts continue to produce horrendous and widespread human rights abuses. Yet authorities are ruthlessly crushing peaceful protests undertaken by people exercising their legitimate rights on an almost daily basis. Strengthening the rule of law and fighting impunity, especially for gross human rights violations, remains a priority.

Economic and financial crises and their consequential responses, increasing competition over natural resources, rising corruption and mismanagement of public resources continue to threaten development and the realization of human rights. In the coming months, it is essential that the international community succeed in establishing a post-2015 development framework that addresses both freedom from fear and freedom from want for all.

In addition to setbacks, complex new challenges have emerged in the 20 years since Vienna. Climate change and related natural disasters often have a devastating impact on a range of human rights. Global terrorist movements threaten a range of rights, while counter-terror policies also continue to be exploited by some as a smokescreen to attack
political opponents. Drones can be used for positive purposes, but armed drones are increasingly fired without due process.

Ongoing vigilance is needed to ensure that new technologies advance rather than violate human rights. Digital technologies, many of which were unimaginable 20 years ago, dramatically improve information sharing and help to magnify the voice of human rights defenders. They can highlight abuses and mobilize support. But we also know that new technologies can be used to facilitate violations of the right to privacy. Mass electronic surveillance and data collection threaten the free functioning of a vibrant civil society.

Regardless of the scale of these changes, our responses to these challenges must be firmly grounded in human rights principles and treaties. Only then will our responses be sustainable in the long term. Existing international human rights law, and international humanitarian law governing the conduct of armed conflict, remain applicable. States must ensure that these standards are implemented and monitored on a regular basis.

Despite 20 years of steady progress, a considerable amount of work remains outstanding as we seek to transform human rights from abstract promises to the practical achievement of genuine equality and dignity for all. OHCHR will continue to work with our partners to seek to prevent human rights abuses. We will speak out against violations. We will continue to ask States to do their part – the biggest part by far – to ensure that the tragic mistakes of the past are not repeated and that the human rights of all are promoted and protected.

We can – and we must – do better. OHCHR’s Management Plan 2014-2017 is an important step in this direction. The document before you articulates the Office’s priorities for 2014-2017. In charting this course for the future, OHCHR has been guided by the Secretary-General’s Strategic Framework for 2014-2015, as well as by the mandates given to the Office by the different intergovernmental bodies of the United Nations. Within this framework, the priorities have been defined through a consultative
strategic planning process. We have sought to ensure that our scarce resources are spent on acute human rights issues where we can add value and where we are most likely to make a difference in the lives of peoples.

In addition, the thematic priorities have been defined in a manner which allows OHCHR to work on all sets of rights, in all countries, as one Office. The six Thematic Strategies built around these priorities constitute the backbone of this document. They are interdependent and should be read as mutually reinforcing documents.

One major change from the previous biennium is our “new” thematic priority: “widening the democratic space.” This emphasizes public freedoms, human rights education and the work of human rights defenders and the media. Other pre-existing thematic priorities include: discrimination; the rule of law and impunity; poverty; violence; and continuing efforts to improve international human rights mechanisms. These have been reshaped, based on contextual changes, past experience and lessons learned.

For instance, “human rights in development and in the economic sphere” has a stronger focus on the right to development, the role of the private sector and the rights to land, water and housing. “Early warning and protection of human rights in situations of conflict, violence and insecurity” spans both conflict and non-conflict settings and emphasizes sexual and gender-based violence, security of the person and human rights in humanitarian action. “Migration” has been a thematic priority for the past four years and this has enabled OHCHR to push forward with a human rights approach to this critical issue. We will continue to work on migration issues by ensuring that migrants remain in focus within each of the 2014-2017 strategies.

In order to ensure that this challenging programme is implemented in the most effective and efficient way, my Office is undertaking a diagnostic and analytical examination of the distribution of its core functions within its current structure in order to look for ways to improve the alignment between our work processes and structures.

It has been my privilege to guide the work of OHCHR as it has sought to confront many human rights crises and new threats to the rights and dignity of individuals. This Management Plan is my last as High Commissioner. But the OMP 2014-2017 represents
a new opening: it is the Office’s first plan that spans four years. I believe that this horizon will enable OHCHR to work for all human rights for all with clear goals and a sense of perspective as it engages with all partners to achieve the set of priority results you will find within.

My best wishes,
Navi Pillay,
United Nations High Commissioner for Human Rights
 __________

Thematic Priorities: Central Africa
Management Plan pp. 130-131

--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications and national participatory bodies for reporting and implementing recommendations.

--Integrating human rights in development and the economic sphere with a focus on: legislation and the post-2015 development agenda; participation in public policies and budget processes.

--Enhancing equality and countering discrimination with a focus on: legislation; NHRIs; and a non-discrimination agenda.

--Widening the democratic space with a focus on: legislation on “public freedoms” and protection mechanisms for human rights defenders.

--Combating impunity and strengthening accountability and the rule of law with a focus on: torture,deprivation of liberty and transitional justice.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: coordination arrangements between UN and subregional organizations, governments and development partners.
__________

Thematic Priorities: East Africa
Management Plan pp.  142-143


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications; submissions of reports by States and submission of information by civil society actors, the NHRI and the United Nations to treaty bodies, special procedures and the UPR; establishment of a national participatory body for reporting and implementation of recommendations of human rights mechanisms; and integration of recommendations from human rights mechanisms and a human rights-based approach in the work of the AU.

--Integrating human rights in development and the economic sphere with a focus on: the post-2015 development agenda; integration of recommendations from human rights mechanisms and a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: persons with disabilities.

--Widening the democratic space with a focus on: “public freedoms” (freedom of expression assembly and association and incitement to hatred) and participation of civil society.

--Combating impunity and strengthening accountability and the rule of law with a focus on: human rights in the administration of justice; transitional justice mechanism established; and legislation and policies on torture, deprivation of liberty; and death penalty.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: AU and United Nations responsiveness to situations of violence and insecurity

__________

Thematic Priorities: Southern Africa
Management Plan pp. 156-157

--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications; submissions of information by civil society actors, the national human rights institution and United Nations to the UPR; special procedures visits; and establishment of a national participatory body for reporting and implementation of recommendations of human rights mechanisms.

--Integrating human rights in development and the economic sphere with a focus on: business and human rights; public policies and budget processes; and integration of recommendations from human rights mechanisms and a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: women; racial and religious discrimination; migrants; persons with disabilities; indigenous peoples; minorities; and lesbian, gay, bisexual, transgender and intersex (LGBTI) persons.

--Widening the democratic space with a focus on: “public freedoms” (freedom of expression); human rights defenders; NHRIs established and/or working in compliance with international standards (Paris Principles).

--Combating impunity and strengthening accountability and the rule of law with a focus on: legal and judicial protection of economic, social and cultural rights.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: investigations, monitoring and reporting; sexual and gender-based violence.

__________

Thematic Priorities: West Africa
Management Plan pp.164-165


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications; submissions of reports by States and submission of information by civil society actors, the NHRI and the United Nations to treaty bodies, special procedures and the UPR; and establishment of a national participatory body for reporting and implementing the recommendations of human rights mechanisms.

--Integrating human rights in development and the economic sphere with a focus on: integration of recommendations from human rights mechanisms and a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: legislation in conformity with non-discrimination and equality standards.

--Widening the democratic space with a focus on: participation in public life and NHRIs established and/or working in compliance with international standards (Paris Principles).

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: United Nations responsive to situations of violence and insecurity; and the Human Rights Due Diligence Policy.

__________

Thematic Priorities: North America and the Caribbean
Management Plan pp. 188-189


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratification; submissions of reports by States, civil society actors, the NHRI and United Nations entities to treaty bodies, special procedures and the UPR; special procedures visits; and the establishment of national participatory bodies for reporting and implementing recommendations of human rights mechanisms.

--Integrating human rights in development and the economic sphere with a focus on: the integration of recommendations from human rights mechanisms and a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: legislation and policies on non-discrimination and equality.Widening the democratic space with a focus on: national human rights institutions.

--Combating impunity and strengthening accountability and the rule of law with a focus on: death penalty and counter-terrorism.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: sexual and gender-based violence and trafficking. 
__________

Thematic Priorities:  Central America and the Spanish Speaking Caribbean
Management Plan pp. 194-195

--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications; submission of information by civil society actors, national human rights institutions (NHRIs) and United Nations entities to treaty bodies, special procedures and the UPR; and establishment of national participatory bodies for reporting and implementing recommendations of human rights mechanisms.

--Integrating human rights in development and the economic sphere with a focus on: land, water and sanitation and housing rights; rights to consultation and to give informed consent; post 2015-development agenda; and integration of recommendations from human rights mechanisms and a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: legislation and policy on non-discrimination; women; racial and religious discrimination; indigenous peoples; afro-descendants; migrants; and lesbian, gay, bisexual transgender and intersex persons.

--Combating impunity and strengthening accountability and the rule of law with a focus on: human rights in the administration of justice. 

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: sexual and gender-based violence and insecurity.

__________

Thematic Priorities: South America
Management Plan pp. 204-205

--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratification; submissions of reports by States Parties and submission of information by civil society actors, the NHRI and United Nations entities to treaty bodies, special procedures and the UPR; and implementation of recommendations of human rights mechanisms, including through national coordination mechanisms.

--Integrating human rights in development and the economic sphere with a focus on: right to consultation; land, water and sanitation and housing rights; public policies and budget processes; and the integration of recommendations from human rights mechanisms and a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: anti-discrimination and equality legislation in place and used by judges.

--Widening the democratic space.with a focus on: civil society empowerment and the responsiveness of the international community.

--Combating impunity and strengthening accountability and the rule of law with a focus on: national prevention mechanisms against torture and legal protection of ESCR.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: SGBV [sexual and gender based violence]; trafficking; and insecurity

__________

Thematic Priorities: North-East Asia
Management Plan pp. 218-219

--Strengthening the effectiveness of international human rights mechanisms with a focus on: submission of reports by States Parties and submission of information by civil society actors to the treaty bodies and the Universal Periodic Review (UPR).

--Integrating human rights in development and the economic sphere with a focus on: the integration of a human rights-based approach in work.

--Enhancing equality and countering discrimination with a focus on: racial and religious discrimination; migrants; and minorities.

--Widening the democratic space with a focus on: human rights defenders.

--Combating impunity and strengthening accountability and the rule of law with a focus on: death penalty.
 __________

Thematic Priorities: South and West Asia
 Management Plan, pp.  219-221

--Strengthening the effectiveness of international human rights mechanisms with a focus on: submissions of reports by States Parties and submission of information by civil society actors to treaty bodies and the Universal Periodic Review (UPR); and increased number of special procedures visits.

--Integrating human rights in development and in the economic sphere with a focus on: business and human rights; land, water and sanitation and housing rights; and integration of a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: women; racial and religious discrimination; minorities; and caste-based discrimination.

--Widening the democratic space with a focus on: national human rights institutions.

--Combating impunity and strengthening accountability and the rule of law with a focus on: human rights in the administration of justice; transitional justice; torture; deprivation of liberty and death penalty.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: human rights in humanitarian action and Human Rights Due Diligence Policy.


__________

Thematic Priorities: South-East Asia
Management Plan pp. 226-227


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications; submissions of reports by States Parties and information by civil society actors.

--Integrating human rights in development and the economic sphere with a focus on: land and housing rights; and integration of a human rights-based approach in United Nations work.

--Enhancing equality and countering discrimination with a focus on: racial and religious discrimination and minorities

--Widening the democratic space with a focus on: “public freedoms” human rights defenders; and NHRIs.

--Combating impunity and strengthening accountability and the rule of law with a focus on: human rights in the administration of justice; transitional justice; torture, deprivation of liberty and death penalty.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: sexual and gender-based violence; human rights in humanitarian action; UN response to situations of violence and insecurity; and Human Rights Due Diligence Policy.
__________
Thematic Priorities: Western and Eastern Europe


--Strengthening the effectiveness of international human rights mechanisms with a focus on: submission of information by civil society actors and NHRIs to treaty bodies, special procedures and the UPR.

--Integrating human rights in development and the economic sphere with a focus on: participation in public policies and budget processes; right to education, health care, housing of socially excluded groups and application of a human rights-based approach to development in EU external policy.

--Enhancing equality and countering discrimination with a focus on: Roma; migrants; older persons; persons with disabilities and LGBTI persons.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: trafficking.

__________

Thematic Priorities: Central Asia
Management Report pp. 252-253


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications; visits by special procedures; establishment of national participatory body for reporting and implementation of recommendations of human rights mechanisms and their integration in the work of the United Nations at the country level.

--Widening the democratic space with a focus on: “public freedoms” (freedom of expression, assembly and association; and incitement to hatred) and human rights defenders.

--Combating impunity and strengthening accountability and the rule of law with a focus on: human rights in the administration of justice; legislation, institutions and policies on torture, deprivation of liberty and legal and judicial protection of economic, social and cultural rights

__________

Thematic Priorities: Middle East and Gulf States
Management Plan pp. 258-259


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratification and the review of reservations; reporting to treaty bodies; establishment of national standing coordination bodies for reporting and implementation of recommendations; engagement of civil society and visits by special procedures.

--Integrating human rights in development and the economic sphere with a focus on: the implementation of a rights-based approach in national development and UN programmes.

--Enhancing equality and countering discrimination with a focus on: women; stateless persons; minorities and migrants.

--Widening the democratic space with a focus on: freedoms of expression, assembly and association and national human rights institutions (NHRIs).

--Combating impunity and strengthening accountability and the rule of law with a focus on: transitional justice, and torture and ill-treatment.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: integrating human rights in UN preparedness, response and recovery efforts in relation to crises; and the implementation of the Human Rights Due Diligence Policy.

__________

Thematic Priorities: North Africa
Management Plan pp. 266-267


--Strengthening the effectiveness of international human rights mechanisms with a focus on: ratifications and increased engagement by civil society organizations (CSOs) with human rights mechanisms.

--Enhancing equality and countering discrimination with a focus on: legislation in conformity with non-discrimination standards.

--Widening the democratic space with a focus on: constitutional provisions and legislation on “public freedoms” and national human rights institutions.

--Combating impunity and strengthening accountability and the rule of law with a focus areas on: transitional justice and protection mechanisms to prevent and investigate torture.

--Early warning and protection of human rights in situations of conflict, violence and insecurity with a focus on: increasing the preparedness and response of the international community, including the United Nations

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