ICC PROGRESS REPORT
FOR THE PERIOD 22 OCTOBER 2013 – 31 December 2013
PRESENTED TO THE ICC BUREAU MEETING
GENEVA, SWITZERLAND
12 March 2014
INTERNATIONAL COORDINATING COMMITTEE OF
NATIONAL INSTITUTIONS FOR THE PROMOTION AND
PROTECTION OF HUMAN RIGHTS (ICC)
STRATEGIC OBJECTIVE 1: TO MAINTAIN AND STRENGTHEN THE ACCREDITATION PROCESS
Activity
Outputs
Progress report
Ongoing activities
1.Tailor and
contextualize SCA
recommendations
Record context and
see SCA Report Annexure 1
background in which the
recommendation was
developed
2. Improve
Translation of
See SCA Report Annexure 1
accessibility to SCA
documents; improved
process for NHRIs and information on the ICC
others
webpage
Development activities
3. Strengthen support Review mechanisms and See SCA Report Annexure 1
for NHRIs’
develop
preparations for ICC recommendations for ICC
accreditation process Bureau
4. Strengthen
Review
of
current See SCA Report Annexure 1
transparency in
processes,
including
accreditation process review
of
General
Observations
5. Strengthen
Resources allowing,
See SCA Report Annexure 1
systematic follow up consider visits to NHRIs
to SCA
(and their governments)
recommendations
to engage more
effectively with
institutions striving to
meet the Paris principles
and accreditation process
standards.
6. Enhance
Increase awareness of the See SCA Report Annexure 1
understanding of the accreditation process
accreditation process through the development
of outreach and
education
strategies
which might include:
(i) Building onto the
agendas of the ICC
plenary meetings &
regional meetings;
(ii) Engaging and
enlarging the roles of ICC
Regional Chairs and
Regional Coordinating
Committees (RCCs);
(iii) Regular
communications through
regional and ICC
Secretariat
(OHCHR) bulletins and
the NHRI Forum website;
(iv) Periodic focus groups
and roundtables;
(v) Presentations and
workshops; and
(vi) Comprehensive plain
language guide to the SCA
process and General
Observations.
STRATEGIC OBJECTIVE 2: TO ENHANCE ENGAGEMENT WITH THE UN AND HR REGIONAL FRAMEWORKS
Activity
Ongoing activities
1. Provide support to
NHRIs engaging with
UN mechanisms,
particularly HRC plus
UPR, treaty bodies
and special
procedures.
Provide support to
NHRIs in their follow
up activities
Outputs
Information sharing;
advisory services;
representation of NHRIs
in meetings; facilitation
of exchange of
experiences and lessons
learned, and
development of good
practice; selected side
event; reporting ;liaising
with NHRIs; and
administrative
assistance
Progress Report
UPR 17 session from 21 October to 1 November 2013
High level representatives from the A status accredited NHRIs from Jordan, Malaysia (Suhakam),
Mauritius, Mexico and Nigeria convened in Geneva as their states' human rights record was
reviewed at the United Nations Human Rights Council during the 17th session of the Working Group
on the Universal Periodic Review (UPR).
While in Geneva, the NHRI representatives participated in the Working Group session of their
respective states, and met with state representatives, OHCHR officials and civil society
representatives, to discuss the UPR process and related activities.
Chairperson Tan Sri Hasmy Agam of Malaysia’s Human Rights Commission (SUHAKAM), in an
“interview of the month” with UPR Info, reflected on the Commission's role and perspectives on
the UPR. The interview, which had been facilitated by the ICC Geneva Representative, can be
viewed online at https://www.youtube.com/watch?v=kWNAVNacL14
ICC Geneva Representative Katharina Rose assisted NHRIs in the organisation of meetings
between NHRI representatives and state's, OHCHR and civil society representatives. She
also facilitated the participation of NHRIs in side events to the UPR session.
The final ICC press release is available on the ICC webpage
http://nhri.ohchr.org/EN/IHRS/UPR/Pages/default.aspx
Training for NHRIs on international human rights mechanisms
The ICC, Friedrich Ebert Stiftung and the United Nations Institute for Training and Research
(UNITAR) have developed a proposal for training for NHRIs on the international human rights
mechanisms. As at 31 December 2013, the OHCHR has been invited to join the project as coorganiser.
The proposal envisages the development of a blended (online and face-to-face) training
programme on “United Nations Human Rights Treaties and Mechanisms” aiming at strengthening
NHRIs’ capacity to effectively engage with United Nations human rights mechanisms at all stages
including reporting, participation in meetings and follow up in country.
Expected outcome and outputs are as follows:
At the end of the project, NHRIs’ awareness of and participation in United Nations human rights
mechanisms is increased. More specifically, NHRIs’ representatives will be able to:

Outline the functioning of UN human rights mechanisms;

Identify concrete opportunities for NHRIs’ effective engagement;

Illustrate practical ways of effective engagement with the UN mechanisms, such as
reporting and follow up; and

Discuss experiences and best practices with peer NHRIs participating the training.
The outputs of the project will include:

Up to 80 representatives of NHRIs trained annually through the online course;

Up to 20 representatives of NHRIs trained annually face-to-face;

Up to 200 users active on the Community of Practice (active user defined as a user
accessing at least three times a week the COP); and

Training modules available on the COP.
Participants for the face-to-face course will be selected among those that have completed the
online course.
The training course audience is anticipated to be NHRI staff from all regions with knowledge of
international human rights and the international human rights system.
As at 31 December 2013, funding for a face to face training course in early May 2014 has been
secured. Potential donors have been contacted with regard to possible funding of the overall
project including the online learning components.
2. Engage with Treaty ICC representation in
Bodies and Special
annual meetings of
Procedures
treaty bodies and
Special Procedures
3.Promote knowledge ICC brochures on NHRIs,
and understanding
accreditation process
about NHRIs, the
and the Paris Principles;
accreditation process information posted on
and the Paris
the website; side events
Principles (see also
at Geneva, New York
Strategic Objective 1; and regional levels
item 6)
ICC representation in the Annual Meetings of Treaty bodies and Special Procedures, taking place in
June each year, have been scheduled in the draft Annual Plan for ICC strategic engagement with
international human rights mechanisms
The ICC Geneva office has updated information on the ICC webpage on a regular basis.
Development activities
1. ICC strategic
Develop and implement A draft 2014 Annual Plan for ICC Strategic Engagement (the Plan) was developed and presented for
engagement with HRC strategic engagement, discussion at the ICC Bureau meeting in Accra, Ghana in November 2013.
and its mechanisms
The plan identifies key opportunities for ICC/NHRI engagement with international human rights
mechanisms during 2014 in Geneva and New York. When identifying engagement opportunities,
the Plan takes into account ICC strategic priorities as well as recent ICC Bureau decisions. Resources
available to the ICC, both human and financial, are also taken into consideration.
The Plan will be updated on a regular basis during the course of 2014.
2.Convention on the Follow up on the ICC
ICC strategic engagement with the Conference of States Parties (COSP) and follow up thereto has
Rights of Persons with statement for the State been scheduled in the draft ICC Annual Plan for strategic engagement.
Disabilities (CRPD) and Parties Conference
Conference on States made in September
Parties (COSP)
2011 and engagement
with state party bureau
members on the distinct
recognition for NHRIs in
section 33.2 of the CRDP
and the standing of
NHRIs at the State
Parties Conference
Continue to develop
cooperation with the
Disability Alliance
3.Strengthen
cooperation with
Treaty Bodies and
Special Procedures
ICC strategic
ICC strategic engagement with Special Procedures
engagement to promote See Strategic Objective 2 No. 2 above
harmonization of
working methods and Treaty body strengthening process
cooperation between The ICC Geneva Representative has been sharing information received from NGOs and the OHCHR
TB, SP and NHRIs
on the developments in the treaty body strengthening process with the ICC focal points on the
treaty body strengthening process.
ICC strategic engagement with Treaty Bodies
During the period under review the ICC Geneva Office developed a Discussion Paper entitled “A
Mutually Reinforcing Relationship: NHRI and Treaty Body Perceptions on the Value of their
Engagement” attached as Annexure 11.
Meeting with the Committee on Enforced Disappearances
On 14 November 2013, the Committee on Enforced Disappearances (CED) invited the ICC to a
meeting, to discuss the development of a CED position paper on cooperation with NHRIs.
ICC Chairperson Adv. Mabedle Lourence Mushwana participated through a video statement and
the ICC Geneva Representative represented the ICC during the meeting.
Both highlighted the importance for the CED to recognise the unique role that NHRIs have with the
treaty bodies at all stages of the work of the CED.
The role of NHRIs was discussed in particular in relation to:







Contributing to the development of the Committee’s list of issues;
Providing information to the Committee during private meetings in advance of State
reviews;
Providing alternative reports to the Committee, in the absence of a State report;
Contributing to the Committee’s general discussions and development of general
comments;
Providing information to the Committee on measures taken by the State to implement the
Committee’s concluding observations;
Providing information and advice to the Committee, including on possible meeting
counterparts, in advance of a country visit by the Committee; and
Assisting victims in making use of the Committee’s communications procedures.
An expert member of the CED was appointed to serve as a focal point for NHRIs. The CED is in the
process of developing a draft position paper on NHRIs, which will be submitted to ICC members for
consultation in 2014.
The ICC Chairperson's video statement can be accessed at
https://www.dropbox.com/s/k4bg1z9w9m447nf/00010.MTS?n=38355852
The ICC Chairperson's and ICC Geneva Representative's interventions as well as the ICC press
release on the meeting with CED are available as Annexures 2 and 3.
Meeting with the Committee on the Elimination of Discrimination against Women
At the initiative of the ICC Geneva Representative, the new Secretary of the Committee on the
Elimination of Discrimination Against Women (CEDAW) met with the ICC Geneva Representative, to
discuss the relationship between the CEDAW and NHRIs.
The 2012 Amman Declaration and Program of Action was discussed. The relative low level of
participation of NHRIs the CEDAW Committee's work was raised. To assist NHRIs engaging with the
Committee, the following immediate next steps were agreed upon:

That the CEDAW Secretariat develop a NHRI Information Note, to advise NHRIs in advance
of each session on opportunities to engage with the CEDAW Committee;

That the CEDAW Secretariat send a formal invitation letter to all those NHRIs whose state
will be examined by CEDAW; and

That the ICC Geneva Office follows up individually with NHRIs concerned, offering
assistance and advice where to required.
As at 31 December 2013, several NHRIs had submitted written reports and confirmed their
participation at the 57th session of CEDAW to be held in February 2014 where they will present oral
statements.
For the long term, the importance of training for NHRIs on women's rights as well as on their
contribution opportunities with CEDAW was discussed.
7. Advocate for NHRI
independent status
before all UN bodies
and agencies,
including through an
increased presence at
treaty bodies and
states parties in New
York
Intensify the focus on
New York to gain
recognition for this
objective. Advocacy for
a GA resolution to this
effect.
2013 UN General Assembly Resolution on NHRIs
On 21 November 2013, the United Nations General Assembly (GA) Third Committee adopted an
important resolution on NHRIs. The German-sponsored resolution, entitled ‘National institutions
for the promotion and protection of human rights’, was adopted by consensus and received cross
regional support by 70 co-sponsoring states.
The resolution contains the following elements:

The resolution reaffirms the critical role of NHRIs and the importance of the Paris Principles in ensuring NHRIs' independence and effectiveness, 20 years after their adoption by the General Assembly.

The resolution welcomes the participation of NHRIs in United Nations mechanisms and
processes, both Geneva and New York-based, including the Commission on the Status of Women
and the ongoing treaty body strengthening process. It requests the UN Secretary General to present in his next report to the General Assembly a vision for NHRI participation UN system-wide, on
the same basis that NHRIs do at the Human Rights Council.

The resolution adds new elements to address the role of NHRIs in relation to reprisals. It
stresses that NHRIs should not be subjected to any form of reprisals nor intimidation as a result of
their mandated activities.

Building on the 2013 Human Rights Council resolution on human rights defenders and on
the report of the Special Rapporteur on Human Rights Defenders, the resolution also addresses the
role of NHRIs in relation to the protection of human rights defenders.
Throughout, the ICC worked in close cooperation with the German Ministry of Foreign Affairs and
its New York-based representatives as well as with states and NGOs. ICC members contacted their
respective state representatives in capital or in New York, to advocate for support for the resolution.
The ICC however was not represented in person in New York during the consultation process, unlike in previous years. This, paired with some of the new elements of the resolution – particularly
the paragraphs on human rights defenders and reprisals – might explain the lower level of cosponsorship for the resolution, as compared to previous years.
The Secretary General report, which will essentially be prepared by OHCHR National Institutions
and Regional Mechanisms Section NIRMS, will be presented to the General Assembly in 2015. The
2015 General Assembly resolution is expected to be based on the findings and recommendations
of that report.
To this end, the period up to 2015 will be an important opportunity for NHRIs and the ICC to intensify presence and visibility in New York human rights fora.
The General Assembly resolution and ICC press release are attached as Annexures 4 and 5.
STRATEGIC OBJECTIVE 3: TO BUILD PARTNERSHIPS AND ENGAGE EXTERNAL STAKEHOLDERS
Activity
Outputs
Progress report
Development activities
1. Outreach to
Continue cooperation Cooperation with IOI
partners and key
with IOI and other
At the ICC Bureau Meeting in November 2013 it was resolved that the ICC Chair’s Office would constakeholders
regional and
tinue engaging with the IOI in order to obtain a draft MoU to be presented at the ICC Bureau meetinternational
ing in March 2013.
Ombudsman’s
organisations, and
further
develop relationship
OHCHR Thematic Priorities
with UNDP
Develop cooperation
During November 2013, the ICC had the opportunity to attend a consultation meeting and submit
with INGOs (regular
comments to the OHCHR on their draft Thematic Priorities 2014 – 2017. See Annexure 12
Geneva meetings),
including with
International Disability
Alliance (see 3.3 above) ICC/UNDP/OHCHR Partnership
Undertake selected
A number of representatives from the OHCHR (NIRMS) and UNDP attended the November ICC Bupresentations to key
reau meeting in Ghana, Accra.
stakeholders on role and
value of NHRIs in the
international
frameworks
2. Business and
Follow up on Edinburgh Promote cooperation with international and regional mechanisms, including the UN Working
human rights
Conference and regional Group
workshops; strengthen See the report from the Business and HR Working Group Annexures 6 & 7
capacity of NHRIs;
promote cooperation
with international and
regional mechanisms,
including UN Working
Group
STRATEGIC OBJECTIVE 4: TO DEVELOP KNOWLEDGE AND INTERNAL COMMUNICATIONS
Activity
Outputs
Progress report
Ongoing activities
2. ICC Bureau meeting Key planning and
See ICC Bureau Record of Decisions, Ghana Accra November 2013 Annexure 8
management decisions See ICC 26 General Meeting Report Annexure 9
ICC 26
made, and information
sharing on good
practice.
Developing activities
3. Expand online
Review structure and
information sharing management systems of
NHRI.net website
(this has since been
replaced by
http://nhri.ohchr.org
Implement
recommendations
agreed from the above
review
The ICC website is uploaded on a regular basis both under news and under the themes/activities
with relevant information for and about NHRIs. The ICC Geneva Office has prepared regular press
releases on Geneva-based events with NHRI involvement and has uploaded them on the ICC
webpage. Publications from external partners, where relevant to NHRIs, have also been uploaded.
STRATEGIC OBJECTIVE 5: TO SUPPORT THE STRENGTHENING OF REGIONAL ORGANISATIONS AND COORDINATING COMMITTEES OF NHRIS
Activity
Outputs
Development activities
1. Respond to
Provision of advice and
requests by regions to support as requested
provide support for
the strengthening of
ICC regional
coordinating bodies
Progress report
During this period the ICC Chair, ICC Secretary and staff in the ICC Chairs Office and ICC Geneva
Office have actively engaged with all of the regional coordinating bodies on a variety of matters.
The Regional Coordinators attended the ICC Bureau Meeting in November in Ghana, Accra;
providing a number of opportunities for bi-lateral and informal meetings between the Regions
representatives as well as the Regional Coordinators.
Attendance at Regional annual meetings and Inter-regional meetings
The ICC Chair attended the NANHRI General Meeting and the Opening Ceremony of the NANHRI
Biannual Regional Conference on 27 November 2013.
STRATEGIC OBJECTIVE 6: TO ENSURE THAT THE ICC HAS A LEVEL OF REOURCES ADEQUATE TO ENSURE ITS INDEPENDENCE, VIABILITY AND
SUSTAINABILITY
Activity
Outputs
Progress report
Developing activities
1. Implement 3 year Continue to implement EU Funding
fundraising strategy the fundraising plan
A proposal for EU funding for a 3-year programme of capacity development of NHRIs, regional l
agreed at ICC24 with
NHRI networks and the ICC, under the European Instrument for Democracy and Human Rights has
annual budget and plan; been prepared. The proposal focuses on increasing the Paris Principles compliance of NHRIs
worldwide, increasing NHRIs’ impact and effectiveness, and boosting NHRI actions to promote and
Further develop and
protect human rights regionally and internationally, tentatively with business and human rights
implement procedures and social economic and cultural rights as thematic focal areas. The proposal will be subjected to
for timely payment of review by EU institutions and Member States, whose approval is needed before it can become
membership fees
effective, during spring 2014.
Training for NHRIs on international human rights mechanisms
See this discussion under Strategic Objective 2 regarding Funding of NHRI Training by FES and
UNITAR.
Subscriptions
As indicated in the ICC Chair’s previous report to the ICC Bureau, active follow up with members
regarding payment of subscription fees including sending reminders through the regional
coordinators continues. The ICC Guidelines on the Determination of Fee Waivers have also been
circulated to the membership to encourage members to request waivers where necessary rather
than non-payment of subscription fees. By 31 December 2013, the ICC Chair’s office had prepared
invoices and distributed them. It is planned that the remaining invoices and any outstanding
receipts will be distributed by the end of January 2014.
STRATEGIC OBJECTIVE 7: ORGANIZATION AND MANAGEMENT OF THE ICC
Activity
Outputs
Ongoing activities
1. Embed systems for Further embed systems
the organization and for: financial
management of the management;
ICC that can be run
membership fees;
independent of the patterns of delegating
institution which
ICC Chair
supports the ICC Chair representation; service
level agreement with
NIRMS, and finalise an
ICC manual
Progress report
Developing systems within the ICC
The ICC Bureau resolved in November 2013 that the ICC Chair should continue engaging with the
ICC Finance committee on governance and finance matters that require institutional strengthening
and where necessary to develop policies in areas such as staff, credit card use, travel, and to
present draft policies at the Bureau meeting in March 2014. This will form the basis of an ICC
Manual.
As at 31 December 2013, the formalisation of patterns of delegating ICC Chair representation still
needed to be finalised.
At the end of this Strategic Planning period, the ICC has not developed a service level agreement
with NIRMS. This matter requires a decision from the ICC Bureau as to whether the ICC Chair
should still pursue this matter in terms of the new Strategic Plan. NIRMS has prepared a draft
Guidance Note on OHCHR Secretariat of the ICC that requires further discussion and inputs within
Finances allowing, make the ICC and between NIRMS and the ICC see Guidance Note attached – Annexure 10
ICC Geneva
Representative a
permanent position;
ICC Geneva Office staff
continue programme of The ICC Bureau in November 2013 resolved that the ICC Chair should issue the ICC Geneva
provision of an ICC
Representative with a contract for an undetermined period as required by Swiss law. This is
Geneva Intern
planned to be attended to by the end of January 2014.
The ICC Chair has commenced the process of recruiting an additional staff member for the ICC
Geneva Office on a one year contract in line with the ICC Bureau decision to strengthen the ICC
Geneva Office and the corresponding Budget allocations for the year 2014. Given that as at 1
January 2014 there would only be one staff member in office, the ICC Chair accepted the offer
from the Danish Institute for Human Rights to provide an intern for a period of 3 months
commencing in mid-January 2014.
2. Development of ICC Register ICC statute
legal status
changes
There were no amendments to the ICC statute for the period under review.
Complete application to The application for the ICC to be registered for tax exemption is yet to be done. During 2013, the
be registered for tax
ICC had to be reregistered in terms of Swiss Law as the registration had lapsed. The ICC Chair’s
exemption
office has determined that the application to be registered for tax exemption never took place. The
ICC Chairs Office is currently engaging with the ICC lawyer, the auditors and the accountant to
determine whether it is still necessary and beneficial towards the ICC and its members to pursue
this course of action.
Annexure 1
SCA Report
To follow separately
Annexure 2
INTERNATIONAL COORDINATING COMMITTEE OF
NATIONAL INSTITUTIONS FOR THE PROMOTION AND
PROTECTION OF HUMAN RIGHTS (ICC)
Committee on Enforced Disappearances (CED)
CED Meeting with the ICC and NHRIs
Geneva, 14 November 2013
Statement by ICC Chair Lourence M. Mushwana
Presented by video-statement
Mr. President,
Distinguished Committee members,
The ICC greatly values the opportunity to meet with you today, to discuss the development
of a Committee position paper on national human rights institutions (NHRIs).
I regret not being able to attend this important meeting in person but warmly welcome the
opportunity to address you from South Africa by video-statement.
The ICC and its members recognise and value the unique role of treaty bodies in promoting
and monitoring the effective implementation of universal human rights standards at national
level. As the United Nations Secretary General Ban Ki-Moon eloquently highlighted in his
Foreword to the High Commissioner's report on the treaty body strengthening process, “the
treaty bodies are at the heart of the international human rights protection system as engines
translating universal norms into social justice and individual well being.”
The ICC recognises the treaty bodies' invaluable contributions not least because of the treaty
bodies' legal mandates to monitor the effective implementation of universal human rights
standards at the national level.
In as much as treaty bodies are indispensable for the national human rights protection
system, national human rights institutions in turn can be key partners to the treaty body
system.
As independent institutions with a constitutional or legislative mandate to protect and
promote human rights, national human rights institutions work to bridge the gap between
international and national human rights systems, with a view to strengthening human rights
on the ground.
Independent, Paris Principles compliant national human rights institutions are a trusted
source of independent and authoritative information on national situations. National human
rights institutions can, and are, following up on treaty bodies' recommendations, including
by: disseminating such recommendations largely within all sectors of society, advising the
state on implementation, and monitoring and reporting on progress therein.
National human rights institutions have a distinct role to play in monitoring the
implementation of treaty body recommendations at national level and reporting thereon
given that they are nationally established but operate on the basis of international guidelines,
that is, the Paris Principles.
Critically, research shows that States with an independent and effective Paris Principles
compliant NHRI are more likely to ratify international human treaties and meet reporting
obligations.
Consequently, the ICC warmly welcomes the Committee on Enforced Disappearances
commitment to cooperate with NHRIs.
In this regard, the ICC appreciates the reference to NHRIs in the Committee's rules of
procedures, inviting NHRIs to ‘submit to reports, other information or documentation and
oral and written statements, as appropriate, relevant to the Committee’s activities under the
Convention', which will form an important basis for cooperation between the Committee
and NHRIs.
Further, the ICC is delighted that the Committee is developing a paper on cooperation with
NHRIs, and welcomes today's opportunity to contribute to this process. The ICC would like to
offer the following suggestions for the Committee's consideration.
First, the ICC would welcome if the paper would take into account the unique role of NHRIs
within both the treaty body system and the domestic infrastructure. This role is grounded in
the NHRIs' mandates under the Paris Principles. And it is distinct, yet complementary, to the
ones of states and civil society.
Secondly, the paper should aim at ensuring NHRIs' most effective participation at all stages
of the Committee's work and processes. Specific opportunities for NHRIs to contribute to,
and support the Committee's work would include: reporting; review; and follow up; as well
as NHRIs' support to the procedure under article 30 and the communications procedure and
to the Committee's country visits.
Best practices of cooperation with NHRIs, such as those already established by the
Committee on the Elimination of All Forms of Racism and Racial Discrimination and by the
Committee Against Torture, as well as the recent paper on cooperation with NHRIs adopted
by the Human Rights Committee, may further inform the development of the Committee's
position paper and working methods as they relate to NHRIs.
Thirdly, and finally, the ICC supports efforts by all treaty bodies aimed at increasing
accessibility of the system to national-level actors, including human rights defenders, nongovernmental organisations and NHRIs, including through increased information-sharing and
the use of new technologies such as video conferencing.
Distinguished Committee members, the Convention on Enforced Disappearances is a
landmark treaty that brings new hope to the victims of enforced disappearances and their
families.
In South Africa, part of the reconciliation process at the end of the apartheid era required
dealing with cases of enforced disappearances. However many families in South Africa still
remain with unanswered questions about the whereabouts of their family members who
were disappeared during apartheid.
Our history places South Africa in the position to take a lead in advocating for the support for
the Convention and the work of the Committee. It is imperative that national human rights
institutions in accordance with their mandates take appropriate steps to ensure State
accountability including through promotion of the ratification and domestication of the
Convention.
Being a new Convention, and a newly established Committee, the ICC looks forward to the
opportunity of developing training for NHRIs, including with OHCHR, to ensure that the
Convention and its relevance to national situations across the globe is well understood, as
are the opportunities for NHRIs to engage with the Committee.
In conclusion, the ICC is grateful for the opportunity to present this statement and states its
commitment on behalf of its members to effectively cooperate with the Committee.
I wish you fruitful deliberations. Thank you.
Annexure 3
INTERNATIONAL COORDINATING COMMITTEE OF
NATIONAL INSTITUTIONS FOR THE PROMOTION AND
PROTECTION OF HUMAN RIGHTS (ICC)
Committee on Enforced Disappearances (CED)
CED Meeting with the ICC and NHRIs
Geneva, 14 November 2013
Statement by ICC Representative
Katharina Rose
Chairperson Emmanuel Decaux,
Distinguished Committee members,
It is an honor and privilege to participate in today's meeting, in my capacity as ICC Geneva
Representative. The ICC greatly values this opportunity to offer comments, as the Committee
discusses the paper on its interaction with national human rights institutions (NHRIs).
The ICC welcomes the consideration that the Committee has given since its establishment to
the role of national human rights institutions to its work, including throughout its rules of
procedures. The ICC congratulates the Committee for its engagement with victims'
associations and civil society, which are critical partners to the work of the Committee.
I would also like to thank Committee Secretary Maria Giovanna Bianchi for her impeccable
work and excellent cooperation with the ICC, including with myself, which greatly assists in
facilitating NHRIs' engagement with the Committee.
With regard to the development of a paper on the Committee's interaction with NHRIs, we
would like to offer the following observations for your kind consideration. I will first make
observations of more general nature, while speaking in a second part more specifically to the
role of NHRIs in relation to each of the Committee's procedures.
General Observations
First, the ICC believes that a paper on the Committee's interaction with NHRIs will provide a
sound basis for developing the work relationship between the Committee and NHRIs, with
a view to strengthening implementation of the Convention at the national level.
The ICC believes that NHRIs can be critical partners of the Committee in this regard. They can
provide the Committee with independent and authoritative information on national
situations and can in turn follow up in country on the Committee's concluding observations.
NHRIs can undertake these activities effectively, provided they are established and operate in
line with the Paris Principles.
Key to the efforts of the ICC is to help ensure that NHRIs meet the requirements of the Paris
Principles. Their compliance with the Paris Principles in both law and practice is being
assessed by the ICC in the periodic accreditation review. While the process has its limitations,
important efforts have been set in place to ensure the accreditation process is robust,
independent and transparent.
The ICC would therefore welcome a reference in the paper to the importance that NHRIs
comply with the Paris Principles and that they seek for ICC accreditation. As is the practice
for other treaty bodies, the ICC would welcome if such reference be also made, where
appropriate, in the Committee's concluding observations. This would help support the ICC's
efforts aimed at promoting NHRIs' independence in line with the Paris Principles. It would
also serve as an authoritative recommendation for states, and NHRIs themselves, to help
ensure that NHRIs are independent and operate effectively and in line with the Paris
Principles.
My second point relates to the unique role that Paris Principles compliant national human
rights institutions have to help bridge the implementation gap between international and
national human rights systems. This role is distinct, yet complementary to, the respective
roles of the state and civil society. Accordingly, the ICC would welcome NHRI engagement
opportunities with the Committee that are distinct from those of other actors.
Thirdly, the ICC welcomes efforts to make the work of treaty bodies more accessible to
national stakeholders, including victims' organisations, civil society, and national human
rights institutions. This includes timely information-sharing by the Secretariat, as well as
webcast of Committee sessions in all UN languages and the use of IT, including
videoconferencing and teleconferencing, where it is not possible for a national stakeholder
to travel to Geneva.
The ICC welcomes therefore the references to videoconferencing in the Committee's rules of
procedure. The ICC further welcomes the support provided by the Secretariat in cooperation
with the ICC Geneva Representative to facilitate NHRI interaction with the Committee's work.
This includes providing NHRIs with advance notice of reporting schedules and opportunities
for NHRIs to contribute thereto, as well as advising them on their most effective contribution.
The ICC Geneva Representative stands ready to continue working closely with the
Secretariat to this end.
Fourthly, and finally, the ICC is concerned by acts of reprisals and acts of intimidation against
those cooperating with the United Nations and its human rights mechanisms, including
those against NHRIs. Accordingly, the ICC welcomes the references to reprisals in the
Committee's rules of procedure, including in relation to urgent action (Rule 63), in relation to
hearings during the Committee's country visits (Rule 95), as well as in relation to protection
measures (Rule 99). The ICC would support the establishment of a focal point among the
Committee members to address cases of reprisals, on the same lines as the one established
by the Committee Against Torture.
NHRI engagement opportunities
With regard to concrete engagement opportunities for NHRIs in the work of the Committee,
the ICC believes that NHRIs can have an important role with regard to all elements of the
Committee's work. The ICC would welcome if the paper could outline the role of NHRIs in
relation to all such activities of the Committee.
While time does not allow for outlining all, I would like to highlight the following in particular.
My first observation relates to the reporting procedure under article 29 of the Convention.
We see a role of NHRIs in all stages of the procedure, including the preparations at the
national level and participation in the Committee sessions. We welcome the opportunity for
NHRIs to contribute to the development of the list of issues at an early stage of the reporting
process. We also welcome the opportunity for NHRIs to meet privately with Committee
members in advance of the state's review. Such meetings provide an important and timely
opportunity for the NHRI to update the Committee on developments since the reports have
been submitted, and to respond to particular questions that the members may have.
In case of a review in the absence of a state report, NHRIs could be invited by the
Committee to provide an alternative report.
The second point I would like to make relates to critical question of follow up to concluding
observations. NHRIs could be invited by the Committee to provide written information on
measures taken by the state party to implement the concluding observations. We note that
Rule 64 of the rules of procedure provides for the Committee to base its assessment on
information provided not only by the state but also based on “other additional information”,
which may include information sought and received from NHRIs. Further, for effective
national-level follow up, it would be important to make publicly available the follow up
responses from the state party.
Thirdly, NHRIS welcome the opportunity to contribute to days of general discussions and to
the development of the Committee's general comments, and welcome in this regard a
reference to NHRIs in Rule 55.2 with a view to extending an invitation to NHRIs and Rule 56
to disseminating draft general comments also to NHRIs for their comments.
Forthly, in the event of a Committee visit under article 33 of the Convention, the Committee
may wish to seek and receive information from NHRIs in advance (Rule 92 point 2), as well as
consider meeting with NHRIs during such visit, including in the form of a formal hearing.
NHRIs may also assist the Committee where appropriate in identifying possible meeting
counterparts for the Committee. NHRIs may encourage cooperation of the state party in
preparation and during the visit, as well as follow up and reporting thereon (Rule 98).
And finally, in relation to communications, NHRIs have an important role, particularly in
assisting victims making use of this procedure, providing additional information as amicus of
the Committee, as well as a critical role in following up to the the views and reporting back
to the Committee.
Conclusion
Distinguished Committee experts,
Let me conclude by acknowledging the Committee Chairperson in his opening remarks of
your session, when he said that the historical dimension and human tragedy of enforced
disappearances bestows the Committee with all its legitimacy and the legal force of its
mandate.
At the same time, Chairperson Decaux reminded, that the historical dimension and human
tragedy of enforced disappearances, makes us be very modest in our respective roles vis-àvis the Convention and its implementation.
While we have sought to outline in this presentation the opportunities for NHRIs
engagement with the Committee, we have at the same time to acknowledge our own
limitations as well as the challenges that NHRIs face.
While these limitation and challenges may have various reasons, the ICC is committed to
provided support to NHRIs in their engagement on the Convention and with the Committee
at both national and international level.
Annexure 4
General Assembly Committee reaffirms critical role of
NHRIs
Photo credit: United Nations
(New York, 21 November 2013)
On 21 November 2013, the United Nations General Assembly (GA) Third Committee
adopted a landmark resolution on national human rights institutions (NHRIs). The
German-sponsored resolution, entitled ‘National institutions for the promotion and
protection of human rights’, was adopted by consensus and received cross regional
support by 70 co-sponsoring states.
The resolution reaffirms the critical role of NHRIs and the importance of the Paris
Principles in ensuring NHRIs' independence and effectiveness, 20 years after their
adoption by the General Assembly.
The resolution welcomes the participation of NHRIs in United Nations mechanisms
and processes, both Geneva and New York-based, including the Commission the
Status of Women and the ongoing treaty body strengthening process. It takes the
landmark step to request the UN Secretary General to present in his next report to
the General Assembly a vision for NHRI participation UN system-wide, on the same
basis that NHRIs do at the Human Rights Council.
The resolution adds new elements to address the role of NHRIs in relation to
reprisals. It stresses that NHRIs should not be subjected to any form of reprisals nor
intimidation as a result of their mandated activities.
Building on the 2013 Human Rights Council resolution on human rights defenders
and on the report of the Special Rapporteur on Human Rights Defenders, the
resolution also addresses the role of NHRIs in relation to the protection of human
rights defenders.
Introducing the resolution, Germany's Ambassador Wittig said that the initiative
sought to affirm “a broad vision on the role that national human rights institutions
can play with the United Nations”.
ICC Chair Adv. Lourence M. Mushwana said “this resolution is a landmark step in
promoting the role of NHRIs with the UN system-wide and we look forward to
cooperating with all stakeholders in implementing the resolution.”
The resolution also sends a strong signal to the international community that NHRIs
should not be subject of any form of reprisals, and highlights the critical role that
NHRIs have in relation to human rights defenders, the ICC Chair said.
“ The ICC thanks UN member states and non government organisations for their
contributions and support of the resolution. The ICC is deeply appreciative of
Germany as resolution sponsor, for their consultative and transparent approach with
all stakeholders involved.”
The ICC looks forward to cooperating with relevant stakeholders on ensuring the
successful implementation the resolution.
In his next report to the General Assembly, the UN Secretary-General will report on
steps undertaken to implement the resolution, as well as on the ICC’s activities in
accrediting NHRIs in compliance with the Paris Principles.
Annexures
1. NHRI resolution as adopted; and
2. List of co-sponsors at action.
Contact
Katharina Rose
ICC Geneva Representative
k.rose@europe.com
Annexure 5
General Assembly resolution - National institutions for the promotion and protection of
human rights
To follow separately
Annexure 6
ICC Working Group on Business and Human Rights
Provisional Report to the ICC Bureau
As of December 30, 2013
INTRODUCTION
This report of the ICC Working Group on Business and Human Rights (ICCWG) covers the period June
2012 to December 2013 during the then Chairmanship of the Canadian Human Rights Commission (June
2012 to 15 August 2013) and the assumption as Chair of the Commission on Human Rights of the
Philippines from mid-August 2013 up to the present.
At the last meeting of the ICCWG in May 2013, the following developments were emphasized:
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The Bureau approved the use of the ICC logo on the four fact sheets:
1. BHR 101: A Primer for NHRIs;
2. Business, Women’s and Children’s Rights;
3. NHRIs and UN Global Compact Local Networks; and
4. NHRIs and the OECD Guidelines for Multinational Enterprises.
The Bureau likewise approved the use of the ICC logo on the NHRI-BHR training guidebook developed and piloted by the Danish Institute on behalf of the ICCWG/ICC.
The Bureau was also presented with three options on the future of the ICC WG on BHR:
1. Status Quo- The WG continues with its current focus, with the incoming Chair leading
the development of the next Strategic Plan.
2. Transition- The WG shifts its focus and efforts to a transitional issue, sub-theme, or
another priority human rights issue and
3. Devolution- The WG completes its current Strategic Action Plan by August 2013 and
devolves responsibility to the four regions.
It agreed to a ‘combined option 1 and 3’approach, meaning that the WG continue with
its current focus and develop a new mandate/strategic action/work plan for future devolution of
responsibility to the four regions.
In the light of these developments, the ICCWG is presenting, for consideration and/or approval by the
Bureau, the proposed 2014-2015 strategic action plan. The plan is guided by the reports and assessment
of the 2011 to 2013 ICCWG Strategic Action Plan and highlights two major thrusts:

To sustain action necessary to consolidate positions of NHRIs at the international level, to build
upon collaboration with institutional partners, strengthen the regional and national capacity of
NHRIs in relation to the Edinburgh Declaration and the UN Guiding Principles, and share strategies and good practices in relation to focused issues; and
 To devolve specific functions to the regions with the ICCWG providing strategic direction and coordination.
(Please see attached draft 2014-2015 Strategic Action Plan of the ICC WG on BHR)
ACTIVITY REPORT AND DELIVERABLES – June 2013 to December 2013 Reporting Period
ICC Working Group Membership
As of December 30, 2013, the changes in the Working Group Membership are as follows:

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Americas – Bolivia NHRI succeeded the Canadian Human Rights Commission
Europe – The membership of the German Institute for Human Rights has been renewed
Africas – The Commissions of Malawi and Ghana still remain as members though Malawi will be
replaced by Morocco when its term expires after a year.
Activities and Deliverables
As of the reporting period, the ICCWG has undertaken the following activities:
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Strategic Action Plan (SAP 2014 -2015) has been finalized for presentation and approval by the
Bureau. It combined the two options on maintaining the status quo and devolution. The plan is
guided by the reports and assessment of the 2011 to 2013 ICCWG SAP. Although August 2013
was the deadline set for the comments on the SAP, this was further enhanced at the WG Meeting in Geneva in December 2013.
BHR- NHRI Training Guidebook developed and piloted by the Danish Institute was approved by
the Bureau with the new ICC logo on it. The guidebook is designed as a resource for human
rights practitioners within NHRIs. It introduces the subject of BHR including the role of NHRI in
identifying and addressing the impacts of business and human rights enjoyment. The guidebook
has been published, in English, French and Spanish language versions by DIHR and distributed to
NHRIs participating at the UN Forum on Business and Human Rights in Geneva, 2-5 December
2013, and subsequently via regional networks. It is hoped to be translated into Arabic in 2014.
The E-Learning course for NHRIs on Business and Human Rights, also developed and piloted by
DIHR, has been forwarded to the ICC WG members for review. Further comments and suggestions are being awaited from the members.
The fact sheets on Child Rights and Business and on the NHRIs and the ILO have been approved
by the members and are available in English, Spanish, French and Arabic versions. The fact
sheets will be uploaded in the WG section of the ICC website.
The fact sheet on IP Rights has been completed and the document is available in
English and Arabic version.
The fact sheet on BHR in the second cycle of the Universal Periodic Review and on NHRIs have
been finalized and will be uploaded in the website. The Voluntary Guidelines on the Responsible
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Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security
are still in the development stage.
Endorsement to the ICC Chair that the DIHR serve as the focal point on behalf of the ICC for the
November 2012 MoU signed with the Organization for Economic Cooperation and Development
(OECD).
Participation in the Inaugural Global Forum on Responsible Business Conduct hosted by the
OECD on June 2013, undertaken by Korea National Commission on Human Rights on behalf of
ICC.
Participation in the ICC Bureau Meeting in Accra Ghana on November 25-26, 2013.
Participation at the 9th Biennial Conference of the NANHRI on Business and Human Rights: Opportunities and Challenges and the Role of African NHRIs, November 27-29, 2013
Participation in the 2013 UN Forum on Business and Human Rights
Organized a Pre-Session of NHRIs entitled Strengthening Rights, Responsibilities And Remedies,
Bridging Accountability and presented the results during the 2013 UN Forum. (Please see attached Report)
Future Directions and Next Steps
Once the 2014-2015 ICCWG SAP is approved and adopted by the Bureau, there is a need to
make an indicative plan for the next two years which will outline and define the key activities in order to
implement the SAP for the next two years. As suggested in the ICC WG meeting held in Geneva last May
2013, we should be able to “think even more concretely about what activities and deliverables that an
ICCWG member can take and lead.” 1This requires prioritization of activities on the basis of what the
ICCWG can deliver in reality.
Sustainability of the proposed plans and activities through adequate financial resource is another concern that should be deliberated upon in identifying key activities to implement the SAP.
Another key milestone for planning is finalization of the new suite of ICCWG fact sheets2 for
presentation to the ICC Bureau for its endorsement3 and this should include its translation.4
1
Draft Record of Decisions and Meeting Highlights, ICC Working Group on Business and Human Rights,
Geneva, Switzerland, 7-8 May 2013, p. 7
3
4
Ibid
Facts sheets should be in English, Spanish, French and Arabic
Annexure 7
ICC WORKING GROUP ON BUSINESS AND HUMAN RIGHTS
PRE-FORUM REPORT OF NHRIs
Presented by Chairperson Loretta Ann P. Rosales, Chair, ICC WG on BHR at the Opening Session of the UN
Forum on Business and Human Rights
December 3, 2013
The ICC Working Group on Business and Human Rights organized the pre forum session of
National Human Rights Institutions entitled “Strengthening Rights, Responsibilities and Remedies,
Bridging Accountability,” More than 15 NHRIs participated in the session to discuss and share insights
and experiences in the implementation of the UN Guiding Principles (UNGPs) at the national level.
The top challenges faced by NHRIs are:
1. The poor response of duty bearers, particularly businesses on the UNGPs given that the principles are
not legally binding;
2. The state of development of countries where national institutions operate;
3. Legal accountability and access to remedy under pillar 3 of the UNGPs are not given much emphasis.
The top developments as identified are:
1. Alternative dispute mechanisms utilized by NHRIs in mediating between business enterprises and
claimholders;
2. Multi-stakeholder dialogues among NHRI, government, businesses and affected communities;
3. Media coverage and increasing public interest on issues pertaining to business and human rights.
The opportunities that are available to NHRIs in strengthening their role in the implementation and
dissemination of the guiding principles include the following:
1. Using the Universal Periodic Review for reporting on national implementation of the UNGPs;
2. Collaboration between states where the business enterprise is registered and where it is operating in;
3. Translation of the UNGPs in the national language and the inclusion of business and human
rights in national action plans;
4. Establishment of joint monitoring mechanism between NHRIs and trade unions;
5. Enhancing knowledge at the national level with respect to Pillar 3; and
6. Sharing of experiences on complaint handling among NHRIs to maximize limited resources
Annexure 8
ICC Bureau Record of Decisions, Ghana Accra November 2013 - to follow separately
Annexure 9
ICC 26 General Meeting Report – to follow separately
Annexure 10
OHCHR draft Guidance Note – OHCHR Secretariat of the ICC – to follow separately
Annexure 11
Discussion Paper entitled “A Mutually Reinforcing Relationship: NHRI and Treaty Body Perceptions on the
Value of their Engagement” - to follow separately.
Annexure 12
Comments to the OHCHR on their draft Thematic Priorities 2014 – 2017 - to follow seperately.