ICC PROGRESS REPORT

FOR THE PERIOD 22 OCTOBER 2013 – 31 December 2013

PRESENTED TO THE ICC BUREAU MEETING

GENEVA, SWITZERLAND12 March 2014

INTERNATIONAL COORDINATING COMMITTEE OFNATIONAL 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 activities1.Tailor and contextualize SCA recommendations

Record context and background in which the recommendation was developed

see SCA Report Annexure 1

2. Improve accessibility to SCA process for NHRIs and others

Translation of documents; improved information on the ICC webpage

See SCA Report Annexure 1

Development activities3. Strengthen support for NHRIs’ preparations for ICC accreditation process

Review mechanisms and develop recommendations for ICC Bureau

See SCA Report Annexure 1

4. Strengthen transparency in accreditation process

Review of current processes, including review of General Observations

See SCA Report Annexure 1

5. Strengthen systematic follow up to SCA recommendations

Resources allowing, consider visits to NHRIs (and their governments) to engage more effectively with institutions striving to meet the Paris principles

See SCA Report Annexure 1

and accreditation process standards.

6. Enhance understanding of theaccreditation process

Increase awareness of theaccreditation process through the development of outreach andeducation 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 GeneralObservations.

See SCA Report Annexure 1

STRATEGIC OBJECTIVE 2: TO ENHANCE ENGAGEMENT WITH THE UN AND HR REGIONAL FRAMEWORKS

Activity Outputs Progress Report

Ongoing activities1. 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

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

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 17 th 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 co-organiser.

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 Bodies and Special Procedures

ICC representation in annual meetings of treaty bodies and Special Procedures

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

3.Promote knowledge and understanding about NHRIs, the accreditation process and the Paris Principles (see also Strategic Objective 1; item 6)

ICC brochures on NHRIs, accreditation process and the Paris Principles; information posted on the website; side events at Geneva, New York and regional levels

The ICC Geneva office has updated information on the ICC webpage on a regular basis.

Development activities1. ICC strategic engagement with HRC and its mechanisms

Develop and implement strategic engagement,

A draft 2014 Annual Plan for ICC Strategic Engagement (the Plan) was developed and presented for discussion at the ICC Bureau meeting in Accra, Ghana in November 2013.

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 Rights of Persons with Disabilities (CRPD) and Conference on States Parties (COSP)

Follow up on the ICC statement for the State Parties Conference made in September 2011 and engagement with state party bureau members on the distinct recognition for NHRIs in

ICC strategic engagement with the Conference of States Parties (COSP) and follow up thereto has been scheduled in the draft ICC Annual Plan for strategic engagement.

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 engagement to promote harmonization of working methods and cooperation between TB, SP and NHRIs

ICC strategic engagement with Special ProceduresSee Strategic Objective 2 No. 2 above

Treaty body strengthening processThe ICC Geneva Representative has been sharing information received from NGOs and the OHCHR 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 BodiesDuring 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 athttps://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 Prin-ciples in ensuring NHRIs' independence and effectiveness, 20 years after their adoption by the Gen-eral 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 resolu-tion.

The ICC however was not represented in person in New York during the consultation process, un-like 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 co-spon-sorship 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 in -tensify 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 activities1. Outreach to partners and key stakeholders

Continue cooperation with IOI and other regional and international Ombudsman’s organisations, and furtherdevelop relationship with UNDPDevelop cooperation with INGOs (regular Geneva meetings), including with International Disability Alliance (see 3.3 above)Undertake selected presentations to key stakeholders on role and value of NHRIs in the international frameworks

Cooperation with IOI

At the ICC Bureau Meeting in November 2013 it was resolved that the ICC Chair’s Office would con-tinue engaging with the IOI in order to obtain a draft MoU to be presented at the ICC Bureau meeting in March 2013.

OHCHR Thematic Priorities

During November 2013, the ICC had the opportunity to attend a consultation meeting and submit comments to the OHCHR on their draft Thematic Priorities 2014 – 2017. See Annexure 12

ICC/UNDP/OHCHR Partnership

A number of representatives from the OHCHR (NIRMS) and UNDP attended the November ICC Bur-eau meeting in Ghana, Accra.

2. Business and human rights

Follow up on Edinburgh Conference and regional workshops; strengthen capacity of NHRIs; promote cooperation with international and regional mechanisms, including UN Working Group

Promote cooperation with international and regional mechanisms, including the UN Working GroupSee the report from the Business and HR Working Group Annexures 6 & 7

STRATEGIC OBJECTIVE 4: TO DEVELOP KNOWLEDGE AND INTERNAL COMMUNICATIONS

Activity Outputs Progress report

Ongoing activities2. ICC Bureau meeting

ICC 26

Key planning and management decisions made, and information sharing on good practice.

See ICC Bureau Record of Decisions, Ghana Accra November 2013 Annexure 8See ICC 26 General Meeting Report Annexure 9

Developing activities3. Expand online information sharing

Review structure and 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 Progress report

Development activities1. Respond to requests by regions to provide support for the strengthening of ICC regional coordinating bodies

Provision of advice and support as requested

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 meetingsThe 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 activities1. Implement 3 year fundraising strategy

Continue to implement the fundraising plan agreed at ICC24 with

EU FundingA proposal for EU funding for a 3-year programme of capacity development of NHRIs, regional l NHRI networks and the ICC, under the European Instrument for Democracy and Human Rights has

annual budget and plan;

Further develop and implement procedures for timely payment of membership fees

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 protect human rights regionally and internationally, tentatively with business and human rights and social economic and cultural rights as thematic focal areas. The proposal will be subjected to review by EU institutions and Member States, whose approval is needed before it can become effective, during spring 2014.

Training for NHRIs on international human rights mechanismsSee this discussion under Strategic Objective 2 regarding Funding of NHRI Training by FES and UNITAR.

SubscriptionsAs 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 Progress report

Ongoing activities1. Embed systems for the organization and management of the ICC that can be run independent of the institution which supports the ICC Chair

Further embed systems for: financial management; membership fees; patterns of delegating ICC Chair representation; service level agreement with NIRMS, and finalise an ICC manual

Finances allowing, make ICC Geneva Representative a permanent position; continue programme of provision of an ICC Geneva Intern

Developing systems within the ICCThe 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 the ICC and between NIRMS and the ICC see Guidance Note attached – Annexure 10

ICC Geneva Office staffThe ICC Bureau in November 2013 resolved that the ICC Chair should issue the ICC Geneva Representative with a contract for an undetermined period as required by Swiss law. This is 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 legal status

Register ICC statute changes

Complete application to be registered for tax exemption

There were no amendments to the ICC statute for the period under review.

The application for the ICC to be registered for tax exemption is yet to be done. During 2013, the ICC had to be reregistered in terms of Swiss Law as the registration had lapsed. The ICC Chair’s 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 1SCA ReportTo follow separately

Annexure 2

INTERNATIONAL COORDINATING COMMITTEE OFNATIONAL 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. MushwanaPresented 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, non- governmental 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 3INTERNATIONAL COORDINATING COMMITTEE OF

NATIONAL INSTITUTIONS FOR THE PROMOTION ANDPROTECTION OF HUMAN RIGHTS (ICC)

Committee on Enforced Disappearances (CED)CED Meeting with the ICC and NHRIs

Geneva, 14 November 2013

Statement by ICC RepresentativeKatharina 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-à-vis 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; and2. List of co-sponsors at action.

Contact

Katharina RoseICC Geneva Representativek.rose@europe.com

Annexure 5General Assembly resolution - National institutions for the promotion and protection of human rights

To follow separately

Annexure 6ICC Working Group on Business and Human Rights

Provisional Report to the ICC BureauAs 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:

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; and4. NHRIs and the OECD Guidelines for Multinational Enterprises.

The Bureau likewise approved the use of the ICC logo on the NHRI-BHR training guidebook de-veloped 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 co-ordination.

(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:

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:

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 Meet -ing 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 sugges -tions 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

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: Op-

portunities 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 at -tached 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 IC-CWG can deliver in reality.

Sustainability of the proposed plans and activities through adequate financial resource is an-other 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 sheets 2 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

2

3 Ibid4 Facts sheets should be in English, Spanish, French and Arabic

Annexure 7ICC WORKING GROUP ON BUSINESS AND HUMAN RIGHTS

PRE-FORUM REPORT OF NHRIsPresented by Chairperson Loretta Ann P. Rosales, Chair, ICC WG on BHR at the Opening Session of the UN

Forum on Business and Human RightsDecember 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 operat-

ing 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; and6. 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 11Discussion Paper entitled “A Mutually Reinforcing Relationship: NHRI and Treaty Body Perceptions on the Value of their Engagement” - to follow separately.

Annexure 12Comments to the OHCHR on their draft Thematic Priorities 2014 – 2017 - to follow seperately.