Wednesday, March 21, 2007

Query: Liberia / Development of National Human Rights Action Plans / Comparative Experiences

[Facilitator’s Note: Please find below contributions from Fernando Mora UNDP Mauritania and Thord Palmlund to the Query from UNDP Liberia on National Human Rights Action Plans. This query is cross-posted between the HURITALK Network and CPRP-networks]

Fernando Mora, UNDP Mauritania wrote:

I would like to share this short list with you. I think that it is important to:

1. Organise a national seminar in order to speak about the need to have a national human rights action plan;

2. Set up a steering committee representing all the institutions of the State and the civil society (should be composed of high level officials – ministers from the government side and important activist from the civil society);

3. Get a national and local picture about the human rights situation of the country by organizing seminars and round tables at those levels;

4. Prepare a paper about the national and local consultations to be discussed with the steering committee in order to decide new actions as:

a. Back to the field (regions or departments) and organise by zones/regions public hearings about the goal on having an action plan and to share the results of the first consultations asking the people what they think. It is crucial to give the floor to the people (local NGOs and administrations should be involved);

b. Make a clear list of goals that you want to achieve doing such public hearings (prepare a first draft on the human rights needs at the national and regional level …);

c. Base in the results organise national and local seminars on civil, political, economic and … human rights in order to better explain what human rights means;

d. Prepare a list of questions in order to complete the results of the consultations and to send around the country;

e. Prepare a first base line report;
f. And so on.

5. To prepare a first base line report for discussion: before this stage you had already decided who is responsible to write it (the national action plan should be a national plan make by nationals – not matter if is not as some international organizations would like). Also the most important thing is that the plan corresponds to the needs of the country..;

6. You could work with experts (one international for one year could be a good idea. His/her role is to support the preparation of the action plan not to write it). Have a look to what have been done by the New Zealand (it is an excellent example).

I hope it is useful. I am a former advisor to CoE Commissioner for Human Rights and former Advisor to the East Timor Prime Minister.

All my best,

Fernando Mora (M.)
Democratic Governance Advisor
to UNDP Resident Representative and
United Nations Country Team Resident Coordinator
Mauritania


Thord Palmlund, UNDP New York wrote:

Dear Bipin,

The experience of HURIST in not fully up to date but maystill be relevant and I attach a study made a years ago presenting the experience of HURIST. HURIST was the joint UNDP/OHCHR programme to support the integration of human rights in the operations of UNDP. It supported the development of National Human Rights Action Plans in six countries, including two in West Africa, Cape Verde and Mauritania. The lesson learning document focuses on the plans in Lithuania, Moldova and Mongolia. As the study stresses, there is reason to consider seriously, before the start, whether the NHRAP offers the best approach to improve the human rights situation in a country.

Good luck in your endeavours!

Thord Palmlund
Formerly HURIST Coordinator in UNDP

Dear Bipin, after discussion with Emilie, the HR Network facilitator, we will be fine to post the query with some explanation. She has given her thoughts below. Perhaps you would be able to elaborate a bit more on the objectives of the NH Action plan (objectives, background info on the project). We thought to put an note at the end of the query so that people who have seen the query before will know that you are aware of the past query. Let us know what you think.

Best regards, Misaki Watanabe
March 21, 2007

Dear Bipin, please find attached the report on the experiences of Lithuania on HR Action Plans: http://www.undp.org/oslocentre/docsjuly03/TomasBaranovas.pdf. I will also try contacting Tomas Baranovas to get a direct response from him. I know that it is not the right region but some lessons learned might also be useful for the Liberia context.

Best, and good weekend,

Emilie Filmer-Wilson
March 30, 2007

From: bounce-1078992-148874@groups.undp.org [mailto:bounce-1078992-148874@groups.undp.org] On Behalf Of Bipin Adhikari
Sent: Friday, March 23, 2007 4:06 PM
To: humanrights-talk@groups.undp.org; cprp-net@groups.undp.org
Subject: [cprp-net] Query: Liberia / Development of National Human Rights Action Plans / Comparative Experiences

[Facilitator’s Note: This query is cross-posted between the Human Rights Talk Network and CPRP-networks]

Dear colleagues,

The Ministry of Justice in Liberia is working with the UNDP and UN Mission here to develop a national human rights action plan for Liberia.* Such an action plan was envisaged by the Joint Needs Assessment concluded by the United Nations and the World Bank for the National Transitional Government of Liberia in 2004 to rebuild this country after a long civil war. The result-focused transition framework (RFTF) developed to implement the Joint Needs Assessment provided for a three year National Human Rights Action Plan (NHRAP) for Liberia. The exercise is still at its early stages. We would appreciate receiving from members any recent/previous experiences on processes, lessons learnt, human rights action plans, within and outside of the region and particularly within a post conflict context. Apart from using them for our own references, we will also be sharing these resources with concerned human rights focal points in the Ministries and civil society organizations.

Looking forward to hearing from you,

Bipin Adhikari
United Nations Mission in Liberia (UNMIL)
# 404A, Pan-Africa Plaza
Monrovia, Liberia

* Please note that the knowledge networks handled a query on the same subject in 2005: Liberia/ Comparative Experiences/ Development of national human rights action plans in post-conflict contexts However, the work on the NHRAP in Liberia was stalled for various political/technical reasons. As there sure has been new developments, we would like to get recent updates on experiences, especially in the West African region.

Newzealand Commission Announces Human Rights Action Plan

Thursday, 31 March 2005, 8:36 amPress Release: Human Rights Commission

Commission Announces Human Rights Action PlanThursday, 31 March 2005, 8:36 amPress Release: Human Rights Commission Human Rights Action Plan: New Zealand could be world leader in human rights.

New Zealand could lead the world in human rights if it stops violence against children and continues to reduce poverty. This is the conclusion of the first-ever comprehensive action plan for improving human rights in New Zealand.

Mana ki Te Tangata/the New Zealand Action Plan for Human Rights, released publicly on 31 March, proposes practical steps ranging from those aimed at reducing violence and abuse in the community to steps to improve harmonious relations among New Zealand’s diverse communities.

“New Zealanders can be proud of this country’s achievements in human rights,” says Chief Human Rights Commissioner Rosslyn Noonan.

“The action plan builds on the achievements of successive generations of New Zealanders committed to ensuring everyone gets a fair go. Overall New Zealand is doing well but there remain critical areas where action is needed to effect change, often by the whole community.”

“New Zealand is experiencing a sustained period of positive economic growth, which gives us an opportunity to turn our attention to some of the underlying issues that stop the full enjoyment of human rights by all New Zealanders,” Ms Noonan says.

“The action plan builds on the legislation, policies and programmes of successive governments, whose largely pragmatic and practical approach has delivered much.”

The action plan contains a total of 178 priorities for the Government, community groups, the private sector and the Commission to action over a five year period. The release of the action plan is the culmination of more than two years work in which over 5000 members of the public provided input into the plan’s development.

Chief Human Rights Commissioner Rosslyn Noonan says the action plan aims to promote and protect human rights and in so-doing improve the lives of New Zealanders.

“The action plan sets out practical and achievable steps so that the human rights of all those who live in New Zealand are better recognised, protected and respected. Making this a reality depends on people not only affirming their own human rights, but accepting their responsibility to respect and defend the human rights of others.”

The action plan provides a solid basis for making progress in improving race relations in New Zealand. “Positive race relations depend on the enjoyment by all of their civil, political, economic and social rights,” Ms Noonan says.

The Action Plan proposes the following:

• actions to reduce violence, abuse and neglect experienced by children and young people;

• increased, direct and systematic participation of disabled people in policy development and decision-making;

• a focus on the elimination of poverty to ensure that, as a priority, every child and every disabled person in New Zealand has an adequate standard of living;

• actions to safeguard children, young people and adults in detention and institutional care;

• development of early childhood centres and schools as human rights communities;

• measures that enable every New Zealander to communicate in English and Maori and, where it is different, their mother tongue;

• ways of improving democratic participation, including that of children and young people, and widening access to justice;

• a focus on the place of the Treaty of Waitangi in New Zealand's constitutional arrangements;

• steps to achieve harmonious relations among New Zealand's diverse communities;

• steps to strengthen both the recognition and the realisation of economic, social and cultural rights;

• commitment to ensuring that the legal framework fully protects human rights;

• procedures to ensure that legislation and policy are developed in accordance with human rights standards.

The action plan was developed by the Human Rights Commission in cooperation with the Office of the Children’s Commissioner. Under the Human Rights Act the Human Rights Commission has a statutory responsibility to develop an action plan for the better protection and promotion of human rights in New Zealand.

Children’s Commissioner Dr Cindy Kiro says human rights abuses committed against children and young people are one of the greatest challenges facing New Zealand.

“This Action Plan clearly outlines how we can all prioritise children’s safety and well-being. New Zealand’s high rates of child abuse and neglect are evidence of the need for urgent and comprehensive action by families, communities and government,” Dr Kiro says.
The Human Rights Commission will work with agencies and organisations responsible for specific actions, and will report annually on progress in implementing the action plan.

For a copy of the New Zealand Action Plan for Human Rights or Human Rights in New Zealand Today:

Try these resources as well

Please find herewith some useful references with respect to support provided by UNDP to National Human Rights Action Plans in general. Although not necessarily written with a view to supporting them in post-conflict contexts, I would still think that the core contents of the OHCHR Handbook remains valid. You might also want to know that the HURIST programme has just recruited a team of experts to carry out a review of HURIST support provided to National Action Plans over the years (for example Mongolia, Lithuania, Moldova, Nepal, Mauritania, Nepal, Cape Verde etc.).If you would like to get in touch with the team, please let me know.

http://www.undp.org/governance/docshurist/030903NHRAPFinal.doc
http://www.unhchr.ch/pdf/nhrap.pdf
http://www.undp.org/governance/docshurist/021213NHRAPmongoliadec02.doc

Some more references, colleagues !!!

-Handbook on National Human Rights Plans of Action- Professional Training Series No. 10 www.ohchr.org/english/about/publications/training.htm

Most relevant to your query is certainly this manual (but I am sure you've seen it). It contains a detailed description of the concept of a national action plan and earlier experiences of Human Rights Action Plans, amongst others the cases of Australia, Malawi, Latvia, South Africa are being discussed. A second part describes the different steps for developing a National Action Plan, (preparatory phase, role of national institutions and civil society, consultative mechanisms, development phase, content and structure of the plan). A third part then deals with implementation issues, such as Monitoring and Evaluation of a National Action Plan. Regarding the implementation, UNDP Liberia might also want to prepare itself in advance. For this purpose another manual is certainly useful as well:

-Training Manual on Human Rights Monitoring - Professional Training Series No. 7 www.ohchr.org/english/about/publications/training.htm

It is a very extensive and detailed manual on all issues related to human rights monitoring. It covers all relevant International Human Rights and Humanitarian Law Standards and describes the basic principles of monitoring. Different steps and aspects involved in information gathering, interviewing, visiting people and monitoring are extensively covered. Monitoring is discussed relating on the one hand to different issues such as trial observation, election observation, monitoring of demonstrations, monitoring in armed conflicts and, on the other, to specific categories of rights such as economic,social and cultural rights. For all these topics the Manual shows the applicable legal framework and provides practical information on how to proceed. One part of the Manual is dedicated to followu-up and to reporting.

Under the same addres one can find many more guides and handbooks on specific Human Rights topics, (such as police human rights training, pre-trial detention, human rights reporting etc.)

Other useful material in this context which you might want to have a look at are:
-Manual on Human Rights Monitoring - An introduction for Human Rights Field Officer
www.humanrights.uio.no/nordem/manualen.html

This gives a first overview of the United Nations Human rights system and the international human rights machinery. Contains general information on working in the field for the UN and other IGO's non-governmental organisation, as well as on monitoring. Separate chapters are dedicated to the specific issues of monitoring the administration of justice, trial and election observation.

-Individual Human Rights Complaints - A Handbook for OSCE Field Personnel www.osce.org/documents/odihr/2003/10/1839_en.pdf

Relevant for implementation purposes of national action plans as it is a solid presnetation of human rights from the formal and field OSCE perspectives. Simple explanations, with step-by-step indications for the practical collection of information to corroborate human rights complaints, including a chapter on how to conduct interview and how to investigate allegations.

Suggestions for Liberian colleagues

An extensive collection of National plans of action for the promotion and protection of human rights is available at the OHCHR website
http://www.ohchr.org/english/countries/coop/plan_action.htm
and their review should certainly be valuable for you and your colleagues once you are still at an early stage.

A good assessment of the Human Rights situation is a pre-requisite for a good HP Plan of Action. For that you can have a look at the "NORAD Handbook in human rights assessment : state obligations awareness & empowerment"

http://www.norad.no/default.asp?V_ITEM_ID=968

Human Rights Education is a fundamental component of a sustainable effort on this field. At UNHCHR you can find Guidelines for National Plans of Action for Human Rights Education http://www.unhchr.ch/education/main.htm Very useful and long list of materials in this area you can also find at United Nations Decade for Human Rights Education (1995-2004)

http://www.unhchr.ch/html/menu6/1/edudec.htm.

Among many other references I believe interesting for your country situations will be the meetings on OHCHR Human Rights Training Package for Prison Officials, the HC/CHR Human Rights Manual for Judges and Lawyers and the Training Manual on Human Rights Monitoring for United Nations field operations. A full coverage of information on Human Rights Training resources can with not miss the consideration of the UNHCHR Training and educational material website

http://www.unhchr.ch/html/menu6/2/training.htm

Regarding Human Rights in Post-Conflict Situations, this should be useful:
Human Rights and Conflict. United Nations

http://www.un.org/rights/HRToday/

Governance Foundations for Post-Conflict Situations: UNDP's Experience

http://magnet.undp.org/Docs/crisis/AcknowledgementsandExecSummary.doc.html

ODI. Human Rights and Poverty Reduction. Protecting rights in conflict situations and fragile states. March 2005

http://www.odi.org.uk/rights/Meeting%20Series/RightsConflict&FragileStates.pdf

HURIDOCS International Conference on Human Rights Information, Impunity
and Challenges of the Post-Conflict Healing Process: Gammarth (Tunisia), 22-25 March 1998

http://www.huridocs.org/tuniseng.htm

Symposium on Role of Human Rights in Post-Conflict Situation in Southern Europe
www.etc-graz.at/publikationen/ Symposion%20Role%20HR%20in%20SOE%20Juni%202002.pdf

Restoring Human Rights in the Peace building Phase. Conflict Research Consortium. University of Colorado, USA

http://www.beyondintractability.org/m/human_rights_protect.jsp?nid=2333
Conference The United Nations and the Protection of Human Rights in Post-Conflict Situations. Human Rights Law Centre The University of Nottingham (UK) 12-13 September 2002
http://www.nottingham.ac.uk/law/hrlc/PCconference.htm

European Platform for Policing and HR http://www.epphr.dk/; relevant references should be these:

· "Police and NGO's" cooperation between Police and Non Governmental Organisations http://www.epphr.dk/download/platform/police%20and%20NGO's%20.pdf

· The Guide "Is your Police Force a Human Rights Champion?"
http://www.epphr.dk/download/hreng.pdf
- allows police officers to assess the extent to which police practices adhere to and promote the standards and broader democratic values underlying the European Convention on Human Rights.

Parliamentary KIT on the International Criminal Court. PGA

http://www.pgaction.org/prog_inte.asp

IDEA. "Reconciliation in Times of Transition: The Role of Parliaments and Inter-Parliamentary Bodies"

http://www.idea.int/conflict/sr/upload/Reconciliation-in-Times-of-Transition.pdf

Human rights in the administration of justice. Resolution adopted by the General Assembly [on the report of the Third Committee (A/56/583/Add.2)] 56/161.

http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/7a49b79a7e0f423bc1256b82005d4aae?Opendocument

In post-conflicts situations and certainly in the case of Liberia a common case may be related to violations of HRs of women and vulnerable groups of population (children, disable people, etc). Some few references on this subject could help the consideration of these issues in the preparation of your national plan of action:

· Women's Empowerment in the Context of Human Security
(7-8 December, 1999, ESCAP, Bangkok, Thailand)

http://www.un.org/womenwatch/ianwge/collaboration/finalcomm1999.htm

The Gender Dimensions of Post-Conflict (Draft)

http://www.wider.unu.edu/conference/conference-2004-1/conference%202004-1-papers/Zuckerman-Greenberg-0206.pdf

· The Children and Armed Conflict Unit is a joint project of the Children's Legal Centre and the Human Rights Centre at the University of Essex, UK

http://www.essex.ac.uk/armedcon/
http://www.childrenslegalcentre.com/Homepage.asp?NodeID=89614

· Children’s Rights
http://www.dfait-maeci.gc.ca/foreign_policy/human-rights/chissue-en.asp

Rethink: A Handbook for Sustainable Peace
(This handbook is intended as a tool for people working in areas affected by war and armed conflict and in peace and rebuilding processes. The handbook draws on numerous examples of women's efforts in peace-building and reconstruction to illustrate the problems which can arise from failure to mainstream gender issues into programmes, and the benefits which can be gained by recognising and involving women)

http://www.iktk.se/publikationer/rapporter/pdf/Rethink.pdf

· Draft Plan of Action to Combat Trafficking in Human Being especially in Women and Children. African Union

www.africa-union.org/.../AU-EU%20MEETING/ 10%20Trafficking%20in%20Women%20%
20Children%20-%20Africa-Europe.doc –

· OSCE National Referral Mechanisms - Joining Efforts to Protect the Rights of Trafficked Persons: A Practical Handbook

http://www.osce.org/item/13591.html?ch=131

WHO Reproductive health during conflict and displacement –

http://www.who.int/reproductive-
health/publications/RHR_00_13_RH_conflict_and_displacement/PDF_RHR_00_13/RH_conflict_table_of_contents_pdf.en.html

· WHO - Mental health, human rights and legislation
http://www.who.int/mental_health/policy/legislation/policy/en/

· Mental Disability Rights International
http://www.mdri.org/

Equal Employment Opportunities for Women and Men - ILO
http://www.ilo.org/public/english/employment/gems/eeo/index.htm

· WorldEnable - equalizing opportunities for, by, and with persons with disabilities http://www.worldenable.net/

7th International Conference on Health and Human Rights "Resilience, Recovery and Reconciliation Promoting Human Rights, Integrity and Social Responsibility" International Society for Health and Human Rights - network consisting of European treatment and rehabilitation centres for victims of torture and human rights violations.

http://www.ishhr.org/

HURIST lessons learned document on the development of National Human Rights Action Plans (NHRAP)

HURIST, (the joint OHCHR-UNDP Programme on human rights strengthening) has produced a lessons learned document on the development of National Human Rights Action Plans (NHRAP). Please see attached.

The Vienna World Conference on Human Rights in 1993 recommended "that each State consider the desirability of drawing up a national action plan identifying steps whereby that State would improve the promotion and protection of human rights”. The Secretary General and the High Commissioner for Human Rights encouraged countries to heed the recommendation from the Conference. In its first phase, 1999 – 2002, HURIST made it one of its objectives to support the development of NHRAPs, presenting this approach as its preferred way to help governments build their national systems for the protection of human rights.

HURIST was invited to explore the feasibility of plans in nine countries. Support for the development of plans was extended in the case of six. Of these, Lithuania, Moldova and Mongolia have had plans approved by parliaments, Cape Verde and Mauritania by governments, while in the case of Nepal, the finalization of the Plan was prevented by the civil war situation.

The document that HURIST has produced presents briefly the cases of Lithuania, Mongolia and Mauritania and draws lessons, mainly based on the experience in these three countries.

What have we learnt?
Caution: Countries should not lightly rush into development of plans but instead consider carefully whether a NHRAP is the best way to improve the human rights situation in a country. This caution is justified on many grounds: To be meaningful, the development of Plans takes a lot of time – normally two to three years - and considerable human and financial resources. To succeed, a Plan needs strong and broad political backing and committed leadership, it requires the involvement of the central, regional and local administrations, the active involvement of civil society etc. And the Plan that results from this effort may be difficult to implement because of scarcity of resources and competition with other plans. Under all circumstances, the implementation of the Plan has to be selective, leaving most of the implementation to be undertaken within the regular government development programme, hopefully influenced by the recommendations of the NHRAP.

Alternatives: Alternatives are more limited initiatives- this sentence does not make sense? to improve the human rights situation, like broad programmes for human rights education, the improvement of the justice system or the establishment of a Commission for Human Rights. An alternative for general policy influence may be to try and bring human rights into ongoing policy processes like the PRSP or to make work on the MDGs clearly based on the values and principles of human rights.

Value on NHRAP: Even if the NHRAP would not be the optimal way to improve the human rights situation in a country, the experience of the initiatives supported by HURIST shows that the approach can bring much to recommend it. The experience of the pilot countries is evidence that the preparatory process may have a value of its own. The preparation of a plan can create a forum for dialogue, making people reflect and discuss human rights. It may make human rights visible in a setting where this traditionally has not been the case. An approved plan sends a political signal of the importance of human rights. It can facilitate a comprehensive and co-ordinated approach to human rights improvements in contrast to a piecemeal approach consisting of a number of disconnected interventions. It can strengthen the case for action in whatever political and administrative framework that a country finds best suited to its situation. And an implemented Plan, as in Lithuania, seems to be able to bring a genuine improvement in a country’s human rights situation.