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National Human Rights Institutions in countries of Eastern Partnership Brussels, 17 October 2011 DRAFT PRESENTATION
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Page 1: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

National Human Rights Institutionsin countries of Eastern Partnership

Brussels, 17 October 2011

DRAFT PRESENTATION

Page 2: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

International standards and accreditation

Recognition of NHRIs by international partners

NHRIs in Eastern Partnership countries at a glance

Technical Cooperation - capacity building

Polish-French cooperation project

Interim conclusions

Draft recommendations

OUTLINE

Page 3: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

International standards and accreditation

Page 4: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

The perspective of the international and regional human rights protection

systems

Shift of focus from standard-setting to standard-implementation

National Human Rights Institutions - one of the pillars of national hr protection systems

Page 5: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

reaffirms the important and constructive role played by NHRIs, in particular:

their advisory capacity to the competent authorities,

their role in remedying human rights violations,

their role in dissemination of human rights information,

and education in human rights;

VIENNA DECLARATION AND PROGRAMME OF ACTION1993

Page 6: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

encourages:

establishment and strengthening of national institutions,

having regard to the ‘Principles relating to the status of national institutions’ [so called ‘Paris Principles’ – see below],

recognizing that it is the right of each State to choose the framework which is best suited to its particular needs at the national level.

VIENNA DECLARATION AND PROGRAMME OF ACTION1993

Page 7: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

“NHRIs compliant with the Paris Principles are

essential to national human rights protection

systems […]. They can play a crucial role in

promoting and monitoring the effective

implementation of international human rights

standards at the national level, a role which is

increasingly recognized by the international

community.”

The UN Secretary General on NHRIs

Page 8: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

a national advisory commission

on human rights

a national anti-discrimination

/equality commission

an ombudsmana national

commissionon human rights

TYPES OF NHRIs

a national preventive mechanism

Page 9: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

NHRIs should, in particular:

be set up under the constitution or other legislative acts of

the country (not by an instrument of the Executive),

be vested with competence to promote and protect human

rights,

operate independently, in particular from the executive,

submit recommendations, proposals and reports to the

Government or parliament on any matter relating to human

rights.

The international standards of NHRIs

PARIS PRINCIPLES pt. I

Page 10: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

NHRIs should, in particular:

receive and act upon individual or group complaints of

human rights violations,

contribute to interaction of national authorities with

international human rights mechanisms and procedures

and between domestic actors,

ensure the pluralist representation of social forces (of

civil society) engaged in the protection and promotion of

human rights.

The international standards of NHRIs

PARIS PRINCIPLES pt. II

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COUNCIL OF EUROPE

CE Committee of Ministers rec.

R(97)14•Recommends that the governments of member states •Consider […] the possibility of establishing effective national human rights commissions which are pluralist in their membership, ombudsmen, or comparable institutions.

PACE RES. 1605 (2003)•independent•appointed by a parliament•politically neutral•enjoying personal immunity•guaranteed sufficient resources•entitled to prompt and unrestricted access to all information•accessible•entitled to confidentialit•empowered to give opinions and make proposals

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Categories status “A” means that the given NHRI acts in compliance

with the Paris Principles,

status “B” means that the NHRI is not fully in compliance with the Paris Principles,

status “C” means non-compliance with the Paris Principles.

Accreditation procedure

ICC Sub-Committee on Accreditation

Re-accreditation every 5 years

BELARUS has no NHRI to be qualified in terms of Paris Principles.

NHRI ACCREDITATION

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NHRIs= the major partner in international

human rights dialogue

source of information& cooperating partner

for the HRC (UPR), and its special procedures

source of information & cooperating partner

for human rights treaty bodies

cooperating partnerfor EU, OHCHR,

Council of Europe & other intern.

and bilateral partners

THE ROLE OF NHRIs WITH “A” STATUS IN INTERNATIONAL HUMAN RIGHTS COOPERATION

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oral statements& submitting written statements

separate seating in all sessions

interventions after a country mission by special procedures

submitting documents

SPECIAL RIGHTS OF NHRIs WITH “A” STATUS IN THE HRC

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Creation of NHRIs regional groups

European Group of NHRIs:Armenia, Azerbaijan, Georgia and Ukraine

+ 30 countries

SPECIAL RIGHTS OF NHRIs WITH “A” STATUS IN THE HRC

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Recognition of NHRIs by international partners

Page 17: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

OVERALL AIM: promotes compliance by NHRIs with Paris Principles.

SPECIFIC OBJECTIVES:

encourages the networking and sharing of good practices among NHRIs,

supports the strengthening of NHRIs’ regional networks,

facilitates NHRIs’ access to UN country teams and other partners,

facilitates NHRIs’ interaction with the UN human rights

mechanisms,

provides support to the International Coordinating Committee.

UN OHCHR

UNDPMany country offices of UNDP offer assistance to NHRIs as part of programs related to the rule of law, governance and democracy, and human rights. Some projects have also been supported by this Program in Eastern Partnership countries (e.g. in Georgia, Moldova).

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OVERALL AIM: promotes the establishment of NHRIs as an independent and effective institution – initial focus on ombudsman; since eighties also on the collective NHRIs.

SPECIFIC OBJECTIVES:

horizontal cooperation between NHRIs - to exchange views and experience, strengthening the capacity of NHRIs, enhancement of thematic expertise, building National Preventive Mechanisms.

COUNCIL OF EUROPE

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OVERALL AIM: monitors the situation of human rights defenders, including NHRIs and ombudsmen. Identifies challenges and obstacles faced by human rights defenders.

SPECIFIC OBJECTIVES: assisting in the development of independent NHRIs, strengthening the capacity of NHRIs, promoting the cooperation between NHRIs and NGO, focus on cooperation via local OSCE offices.

OSCE/ODIHR

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OVERALL AIM: promotes the establishment and strengthening of NHRIs in compliance with Paris Principles.

SPECIFIC OBJECTIVES:

strengthening capacities of the NHRIs, enhancement of horizontal cooperation, enhancement of thematic expertise.

EUROPEAN UNION

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NHRIs in Eastern Partnership countries at a glance

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ARMENIA

HUMAN RIGHTS DEFENDER

Enshrined in the 1995 Constitution, established in 2004

Appointed and revoked by the Parliament

The executive power has no direct control over the

ombudsman, but

the President can propose candidates for the office

Enjoys immunities and guarantees of independence

Funded from the state budget

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ARMENIA

MANDATE

• Supporting individuals in

protection of their rights and

freedoms

• Creation of state guarantees,

and mechanisms for the

protection of human rights and

fundamental freedoms

• Improving the country’s level of

legal and juridical protection of

the people

• NPM - implementing the OPCAT

POWERS

• Handling individual cases – acting on complaints from individuals

• May not consider complaints in cases which fall under purview of a court

• Can initiate constitutional control of normative acts

• Right to review draft laws related to hr prior to submission

• As part of the complaint procedure, may access premises, documentation and information from any state institution

• As a result of the complaint procedure, may demand from the relevant authorities to take actions to stop/address violations

• Cannot initiate investigations on his/her own initiative

Page 24: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

ARMENIA

INTERACTION

• Cooperation with NGOs• Foreign support from both

international organizations (OSCE/ODHIR, EU, UNDP, COE+EU) and countries: Polish-French Project, the Netherlands

• Example EU projects: „Support to the Office of the Human Rights Defender of the Republic of Armenia” (1m EUR), „Effective protection of human rights through the Human Rights Defender’s Institute as a National Preventive Mechanism in accordance with the Optional Protocol of the Convention against Torture (OPCAT)” (300k EUR)

• Participates in the joint CoE-EU „Peer to Peer” programs

ASSESSMENT

• Graded „A” for compliance with Paris Principles in 2008. Scheduled re-accreditation in October 2011• Ombudsman’s annual reports show an increased need for cooperation between the ombudsman and state authorities, in particular with the parliament• The annual reports also indicate decreased funding in recent years • Other reports (UPR) refer to challenges to reaching out to communities and the need to strengthen partnership with civil society institutions• CEDAW and CRC recommended establishment of special positions dealing with women and children rights • Recommendations (UPR) which enjoyed the support of the Government dealt inter alia with increase of monitoring, expansions of the work in regions, capacities for addressing child issues, resources for NPM

Page 25: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

AZERBAIJAN

COMMISSIONER FOR HUMAN RIGHTS

Enshrined in the 1995 Constitution, established in 2002

Appointed and revoked by the Parliament

The executive power has no direct control over the

ombudsman, but

the President has the exclusive right to propose candidates

for the

office.

Enjoys legal immunities and guarantees of independence

Funded from the state budget

Page 26: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

AZERBAIJAN

MANDATE• Supporting individuals in protection of their rights and freedoms

• NPM - implementing the

OPCAT

• Local offices in major

cities

• Special counselor on

gender equality

POWERS• Handling individual cases – acting on complaints from individuals• May not consider complaints in cases which fall under purview of a court• Can initiate constitutional control of normative acts• As part of the complaint procedure, may access premises, documentation and information from any state institution• As a result of the complaint procedure, may demand from the relevant authorities to take actions to stop/address violations

Page 27: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

AZERBAIJAN

INTERACTION

• Cooperation with NGOs

• Participates in the joint CoE-EU

„Peer to Peer” programs

• Polish-French Project

• Due to the rapid and strong growth

of its GNP, Azerbaijan has become a

donor of aid, while international

donors have noticeably reduced their

activity in the country; proposes that

the EU should focus on transfer of

know-how and best practices

ASSESSMENT

• Graded „A” for compliance with Paris

Principles in 2006. Currently under review

procedure with suggestion for lowering the

grade to „B” with pending protest by the

ombudsman (final decision before 22 October

2011)

• Issues raised in the accreditation process

include independence and appointment

procedure

• Ombudsman’s reports indicate adequate

funding and staffing. Highlight a need for

increased cooperation with state authorities

• CRC recommended establishment of special

positions dealing with children rights

Page 28: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

BELARUS

No NHRI or equivalent institution which could be qualified under Paris Principles Recommendations by the Human Rights Council to establish such an institution “enjoyed the support of the Government” (UPR, HRC, 2010 – UN Doc. A/HRC/15/16)

Page 29: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

GEORGIA

PUBLIC DEFENDER

Enshrined in the 1995 Constitution, established in 1997

Appointed and revoked by the Parliament

The executive power has no direct control over the

ombudsman, but

the President has a right to propose candidates for the office.

Enjoy legal immunities and guarantees of independence

Funded from the state budget

Page 30: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

GEORGIA

MANDATE• Supporting individuals in protection of their rights and freedoms

• Guaranteeing the observance of human rights by state and local authorities

•Monitoring observation of human rights by state authorities

• Local offices in major cities• Educational activities in the field of human rights and freedom

• Implements the OPCAT NPM• Tolerance Center – the Council of National Minorities (CNM) and the Council of Religions (CR)

• Centre for Disability Rights • Center of Children’s Rights • Centre for Women’s Rights

POWERS•Handling individual cases – acting on complaints from individuals•Can initiate constitutional control of normative acts•Can act as amicus curie in cases involving human rights •As part of the complaint procedure, may access premises, documentation and information from any state institution•As a result of the complaint procedure, may request relevant authorities to take actions to stop/address violations•Can initiate investigations on his/her own initiative

Page 31: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

GEORGIA

INTERACTION

• Cooperation with NGOs

• Cooperation: United Nations (via UNDP and

UNICEF), European Union, Council of Europe,

governments of several countries (Denmark,

Liechtenstein, Lithuania, Switzerland) and

NGOs (i. a. Open Society Foundation and

Raoul Wallenberg Institute)

• Polish-French Project

• Beneficiary of the EuropAid project

"Support to the Public Defender’s Office” in

the years 2008-2010 (1.4m EUR)

• Participates in the joint CoE-EU „Peer to

Peer” programs

ASSESSMENT

• Graded „A” for compliance with

Paris Principles in 2007

• Ombudsman reports need for

increased cooperation with state

authorities

• Reports of the Public Defender

indicate that the technical

cooperation plays a vital role in

enabling the office to carry out its

responsibilities in an effective

manner

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MOLDOVA

PARLIAMENTARY ADVOCATES and CENTRE FOR HUMAN

RIGHTS

No constitutional framework. Established in 1998.

Polycratic institution – 4 Parliamentary Advocates supported

by the

CHR (equal in their rights)

Appointed and revoked by the Parliament

The executive power has no direct control over the

ombudsmen, but

the President has a right to propose candidates for the

office.

Enjoys legal immunities and guarantees of independence

Funded from the state budget

Page 33: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

MOLDOVA

MANDATE• Supporting individuals in protection of

their rights and freedoms

• Guaranteeing the observance of

human rights by state and local

authorities

• Local offices in major cities

• Promoting changes in legislation

• Educating the society on human rights

• Cooperation with civil society

• Implementing the OPCAT NPM

• Protection of Children Rights

POWERS•Handling individual cases – acting on complaints from individuals•Can initiate constitutional control of normative acts•As part of the complaint procedure, may access premises, documentation and information from any state institution•As a result of the complaint procedure, may initiate court proceedings•As a result of the complaint procedure, may demand from the relevant authorities to take actions to stop/address violations•Can initiate investigations on his/her own initiative in case of severe violations of human rights

Page 34: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

MOLDOVA

INTERACTION

• Extensive cooperation with NGOs

• Cooperation: United Nations (via

UNDP), European Union and

Council of Europe via the Joint

Program to support Democracy in

the Republic of Moldova (2010-

2012), and NGOs (i.a. Open

Society Foundation)

• Participates in the joint CoE-EU

„Peer to Peer” programs (present

focus: NPM)

• Polish-French Project

ASSESSMENT

• Graded „B” for compliance with Paris

Principles in 2008

• Issues raised in the accreditation

process include: funding and technical

capabilities, legal framework,

appointment procedure

• Ombudsmen report critical funding,

staffing and technical deficiencies as well

as need for increased cooperation with

state authorities

• Independent reports (UNDP, CoE) call

for writing the institution in the

Constitution, improved technical and

financial support, overhaul of the

appointment process and transformation

into a monocratic body

• The HR Committee was concerned that

the Centre for Human Rights of Moldova

was inadequately funded and that the

majority of complaints addressed to it

were not investigated

Page 35: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

MOLDOVA

ASSESSMENT

• CRC recommended that the Republic of Moldova ensure that the Advocate for Children had adequate resources to exercise his or her mandate effectively

• CAT and HRC recommended that the Government clarify what constituted the national preventative mechanism on torture, and strengthen the independence and capacity of parliamentary advocates and the national preventative mechanism to carry out regular and unannounced visits to all detention places

• The Special Rapporteur on violence against women and CEDAW recommended that the Government strengthen the national machinery for the advancement of women with financial and human capacity and political authority

• CoE-ECRI recommended that the Republic of Moldova guarantee that the Ombudspersons’ decisions are implemented, and provide the Institution with all the means and resources it needs to carry out its various tasks.

Page 36: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

UKRAINE

PARLIAMENTARY COMMISSIONER FOR HUMAN RIGHTS

Enshrined in the 1996 Constitution, established in 1998

Appointed and revoked by the Parliament

The executive power has no direct control over the

ombudsman

Enjoys immunities and guarantees of independence

Funded from the state budget

Page 37: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

MANDATE• Protection and prevention of

violation of human rights

• Ensuring observance of human

rights by other state authorities

• 3 local offices

• Supporting harmonization of

Ukrainian law with adopted standards

• International cooperation in the field

of human rights

• Discrimination and protection of

personal data

POWERS•Handling individual cases – acting on complaints from individuals•Can initiate constitutional control of normative acts•As part of the complaint procedure, may access premises, documentation and information from any state institution•As a result of the complaint procedure, may request relevant authorities to take actions to stop/address violations, •Can initiate investigations on his/her own initiative

UKRAINE

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UKRAINE

INTERACTION

• Cooperation with NGOs

• Foreign support from both

international organizations

(OSCE/ODHIR, UNDP, COE+EU) and

countries (Switzerland, Polish

Ombudsman)

• Polish-French Project

• Participates in the joint CoE-EU

„Peer to Peer” programs (present

focus: NPM)

ASSESSMENT• General observation: insufficient

documentation (i.a. annual reports)

available in commonly used foreign

languages makes assessment difficult

• Initially graded „B” for partial

compliance with Paris Principles in

2008 - upgraded to „A” in 2009

• ICC Accreditation, UN UPR - concerns

about independence, appointment

procedure, scope of NGO cooperation

• CoE Commissioner for Human Rights:

Emphasis on need for increased

cooperation between the ombudsman

and state authorities

• Ombudsman reports decreased

funding in recent years

Page 39: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

Technical Cooperation- capacity building

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OHCHR SURVEY ON NATIONAL HUMAN RIGHTS INSTITUTIONS

Many NHRIs need technical assistance related to:

organizational and resource management, knowledge of the international human rights system, relationships with public bodies and civil society, and the follow-up of NHRI recommendations by their respective

Governments.

OHCHR offers technical cooperation assistance for NHRIs

OHCHR has not developed a comprehensive programme specifically

designed for NHRIs in Eastern Partnership countries

OHCHR

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OSCE/ODIHR

Human Rights Defenders in the OSCE Region: Our Collective

Conscience (2008).

OSCE focuses on challenges and threats to human rights

defenders, including NHRIS:

Threats, attacks on physical integrity

Right to liberty and freedom of movement

Freedom of association and assembly

Enabling and enhancing capabilities

Most of the above issues apply to NGOs and individual human rights

defenders, but NHRIs are also a focus of OSCE’s attention

OSCE offers technical cooperation assistance for NHRIs via local offices

The assistance is designed individually by each office

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Long period of involvement in assistance in the creation and development of NHRIs in the CoE Member States (including Commissioner for Human Rights, Human Rights Directorate, and Venice Commission). Host of European NHRIs network (currently 50 NHRIs), including annual

meetings, workshops and seminars focusing on selected themes, structural issues and the involvement of NHRIs in the implementation of

the ECHR and the judgements of the European Court of Human Rights. NHRIs information and advisory centre, Central projects of particular interest to Eastern Partnership countries:

Peer-to-Peer Programme (2008-2009) - Joint EU-CoE project “Setting up an active network of independent non-judicial human rights structures”. Special focus on non EU member States.” Implementing agency: CoE Commissioner for Human Rights.

Peer-to-Peer II Programme (2010 – 2012) - Joint EU-CoE project „Promoting national non-judicial mechanisms for the protection of human rights and especially the prevention of torture.” Implementing agency: Legislative Support and National Human Rights

Structures Division, Directorate General of Human Rights and Legal Affairs.

COUNCIL OF EUROPE

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EUROPEAN NEIGHBOURHOOD AND PARTNERSHIP INSTRUMENT (ENPI) The Strategy Paper of the Eastern Regional Programme for the years 2007 – 2013 reiterates:

one of the primary goals of the EU is “to promote democracy and human rights (…)”

“The EU’s development policy is driven (…) with the complementary aims of promoting good governance and respect for human rights. At the same time it emphasizes the need for a differentiated approach depending on contexts and needs.”

The Democracy and Human Rights instrument will provide support to promote human rights and freedoms.

Comprehensive Institution Building Program

EUROPEAN UNION

NO SPECIFIC REFERENCE TO NHRIs

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THE EUROPEAN INSTRUMENT FOR DEMOCRACY AND HUMAN RIGHTS (EIDHR) - Strategy Paper 2007 – 2010

The purpose of this Instrument is to provide support for the promotion of democracy and human rights in non-EU countries. […]

Objective 2 of the Strategy: “Strengthening the role of civil society in promoting human rights and democratic reform, in supporting the peaceful conciliation of group interests and consolidating political participation and representation.”

While talking on Multiannual programming from 2007 to 2010, the strategy has identified the creation of an ombudsman as one of its desirable outcomes

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EASTERN PARTNERSHIP (EPA)

Joint Declaration of the Prague Eastern Partnership Summit (7 May 2009)

“will be based on commitments to the principles of international law

and to fundamental values, including democracy, the rule of law and the respect for human rights and fundamental freedoms, as well as to,

market economy, sustainable development and good governance.“ “The EU will develop Comprehensive Institution-BuildingProgrammes individually with each partner country in order to

improve their administrative capacity, including through training, technical assistance and any appropriate innovative measures.”

The launch of the EPA increased the current credit line of the European Neighbourhood and Partnership Instrument by 350 million €

Comprehensive Institution-Building Programmes developed with Ukraine and Moldova have not specifically focused on the NHRIs so far

Page 46: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS

The Agency recognizes NHRIs as part of its main stakeholders. Establishment of NHRIs is seen as one of the key developments in the area of access to justice.

In 2010, the Agency published its comprehensive survey of NHRIs in all Member States

The Agency’s focus are NHRIs in EU Member States

Page 47: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

POLISH-FRENCH INITIATIVE I

POLISH-FRENCH INITIATIVE I

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POLISH-FRENCH INITIATIVE I

Initiated by the Polish Human Rights Defender in 2009 and

conducted in cooperation with the Defender of Rights

of the French Republic

Ombudsman institutions from all EP countries invited to participate

Project planned for the years 2009-2013

Annual topics: 2010 - solidarity, 2011 – violence and discrimination,

2012 – basic civil liberties, 2013 – rule of law

Page 49: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

POLISH-FRENCH INITIATIVE II

Goals:

Reinforcing the NHRIs

Promoting solutions implemented in EU countries

Supporting the NGOs and stakeholders

90% of the project financed by the Polish MFA

Year 2009 ~ 35 000 EUR Year 2010 ~ 75 000 EUR

Year 2011 ~ 62 700 EUR

Page 50: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

POLISH-FRENCH INITIATIVE III

Key areas

• The model of the institution

• NPM under OPCAT

• Crime victims

• Equal treatment and

antidiscrimination

• Poverty and social exclusion

• New technologies

INTERIM CONCLUSIONS

Institution-to-institution

approach ensures high impact of

the support

Cooperation should be focused

on key areas formulated as a

part of an overarching strategy

Substantial financial support

required for the project to reach

its full potential

Methods

• Seminars and workshops

• Institution visits

Page 51: Brussels, 17 October 2011 DRAFT PRESENTATION.  International standards and accreditation  Recognition of NHRIs by international partners  NHRIs in.

INTERIM CONCLUSIONS I INTERIM CONCLUSIONS I

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NHRIs IN COUNTRIES OF THE EASTERN PARTNERSHIP

AS BENEFICIARIES OF EU COOPERATIVE PROGRAMMES

as recipients of direct and individual

support

as partners of cooperation among the NHRIs

supported/facilitated by EU

as participants in wider international cooperation

of NHRIs, supported by the EU

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NHRIs in Eastern Partnership countries as recipients of direct and individual support

a wide range of institutional needs have been addressed -

from the review of relevant legislation and strengthening of the

independence of NHRIs, assessment and strengthening of

NHRIs’ substantive capacities, through building of regional

infrastructure to the purchase of vehicles

Relevant projects are orchestrated by the EU Delegations in

specific countries

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NHRIs in Eastern Partnership countries as partners of cooperation among the NHRIs

the “Council of Europe facility” established by the European Commission within the Democracy and Human Rights Instrument - it should: “contribute to supporting the reform processes the six partner [Eastern Partnership] countries through a multilateral approach and to facilitating approximation to the Council of Europe and EU standards in core areas covered by the Eastern Partnership. […] It will allow for the mobilisation of Council of Europe expertise, peer to peer advice and the exchange of best practices among participating countries. It will also serve as a framework for multilateral activities (e.g. capacity-building, training) implemented by the Council of Europe […] there are no specific references to NHRIs in the available

documentation

POLISH-FRENCH INITIATIVE

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NHRIs in Eastern Partnership countries as participants in wider international cooperation

in 2010, the European Commission has contributed to the Office of the UN High Commissioner for Human Rights almost 7 millions US$ of unearmarked support in the framework of Democracy and Human Rights Instrument.

Peer-to-Peer Programmes (2008-2009 and 2010-2012) – joint EU-CoE projects, currently following a two track

approach:

a) the promotion of NHRIs in general,

b) setting up and development of national preventive mechanisms against torture.

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CONCLUDING OBSERVATIONS

1) Human rights are perceived as a theme (principle) permeating all relevant EU programmes.

2) It is difficult to draw the border-line between human rights 2) projects that are NHRIs relevant and other.

3) NHRIs are perceived as partners and frequently referred in 3) policy documents among relevant actors. It is not

entirely4) clear whether these references do have practical

impact.

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CONCLUDING OBSERVATIONS

4) two programmes specifically target NHRIs:

a) Peer to Peer Programme (EU-CoE)Results - Achievements:

o intensive exchange and the promotion of good practices in various substantive human rights areas

o establishment of national preventive mechanisms against torture

b) the Polish-French initiative to establish a framework for knowledge and experience sharing among NHRIs from the Eastern Partnership Countries.

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CONCLUDING OBSERVATIONS

5) Assistance is largely offered on a rather ad hoc basis – it does not seem to be based on thorough needs assessment providing a basis for a comprehensive strategy to help each individual NHRI to become a sustainable mechanism of the human rights protection, acting effectively and efficiently.

6) There is a room for improvement by giving NHRIs a stronger standing within coordinated efforts undertaken by international, regional and bilateral partners involved at the country level.

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DRAFT RECOMMENDATIONSDRAFT RECOMMENDATIONS

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The NHRIs in the countries of the Eastern Partnership have a considerable time of experience in both the implementation of their mandates and in international cooperation behind them. First of these institutions was established in 1997 (Georgia). Yet, cooperation offered by international organizations and bilateral partners continues to be vital for enabling these NHRIs to fully exploit their potential and comply with the Paris Principles.

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In this context, it would be essential to develop a consistent European Union strategy (strategic approach) with a view to strengthening the capacities, autonomy and independence of NHRIs in accordance with the Paris Principles. Such a strategy should

• lead to the recognition of NHRIs across policies, programmes and projects on cooperation with the Eastern Partnership as crucial actors in the area of human rights, the rule of law and democracy,

• be based on coordinated and targeted approach, involving actors from within and outside the European Union, such as the Council of Europe, the OSCE, OHCHR, and UNDP, as well as from non-governmental organizations and civil society,

• follow the already implemented and principally effective double-track concept combining assistance offered to individual NHRIs with the support for networking among the NHRIs concerned,

• be implemented within a timeframe needed for ensuring the sustainability of results.

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In the light of the NHRIs reports, such a strategy may target, in particular:

• strengthening the autonomy of the NHRIs in substantive, procedural and organizational terms and their effectively guaranteed independence, in particular from the executive power,

• equipping the NHRIs with the powers as well as substantive and organizational capacities to carry out their mandates, including in the area of analysis, intervention, prevention, and the promotion of the rights and freedoms,

• enhancing effectiveness and efficiency of handling complaints lodged by rights holders,

• strengthening the authority of the NHRIs among their domestic counterparts, in particular the parliament and various branches of the government, including law enforcement agencies and social services,

• maintaining effective links with the civil society, in particular with disadvantaged, excluded and vulnerable groups.

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While formulating the overreaching strategy for cooperation with NHRIs from Eastern Partnership countries, it would be relevant to assess the current validity of issues raised in a series of Foreign Policy Briefing Papers on EU assistance to EP countries, published on behalf of the European Parliament's Committee on Foreign Affairs in 2008.

With a view to effectively assisting the NHRIs from Eastern Partnership countries and facilitating networking and cooperation among them, steps should be taken to better utilize the potential of the already undertaken initiatives.

The European Union should consider the establishment of a framework for supporting the initiative by the Polish and French ombudsmen to create a twinning network specially designed for the NHRIs in Eastern Partnership countries. Ensuring a sound financial basis for this initiative may give it a much needed impulse.

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It could also be within this Polish-French initiative that common thematic priorities may be identified. Exchange of experience and peer to peer sharing of good practices may be helpful to all those involved. Further participation of NHRIs from Eastern Partnership countries in all-European and international programmes and projects carried out by various actors should be strongly encouraged, as e.g. in the EU-CoE Peer-to-Peer project under which two all-European networks were set up and are being nurtured, one for the general-purpose NHRIs and one of the National Preventive Mechanisms against torture. Since the relevant projects are coming to an end relatively soon, it would be essential to ensure their continuation or follow-up and thus, the sustainability of results.

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The European Parliament may consider its greater involvement in generating a conducive climate of support for the NHRIs from Eastern Partnership countries by inter alia promoting the concept of the development and implementation of the aforementioned strategy aimed at strengthening the capacities and impact of these institutions and encouraging cooperation of various, in particular European, partners with the NHRIs from the region.

The European Parliament may also wish to place the compliance with the Paris Principles by and support for the NHRIs as a standing item on the agenda of the Parliamentary Cooperation Committees established in the framework of cooperation with the countries of Eastern Partnership, if this has not been done yet.

European Fundamental Rights Agency should be encouraged to integrate NHRIs in Eastern Partnership countries into its relevant analysis, programmes and activities. This would enable the NHRIs to benefit from the expertise gathered by this Agency.


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