40/78 Report of the Chair of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights / RightDocs

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Document Type: Final Report

Date: 2019 Jan

Session: 40th Regular Session (2019 Feb)

Agenda Item: Item10: Technical assistance and capacity-building

GE.19-01520(E)



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda item 10

Technical assistance and capacity-building

Report of the Chair of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights*,**

Summary

The present report is submitted pursuant to Human Rights Council resolution 18/18,

in which the Council invited the Chair of the Board of Trustees of the United Nations

Voluntary Fund for Technical Cooperation in the Field of Human Rights to present a

comprehensive report on the Board’s work on an annual basis, starting from the twentieth

session of the Council. Pursuant to Council resolution 33/28, the present report is submitted

to the Council at its fortieth session, in March 2019. It provides an update on the work of

the Board of Trustees of the Fund since the previous report of the Chair of the Board

(A/HRC/37/79).

* Agreement was reached to publish the present report after the standard publication date owing to

circumstances beyond the submitter’s control. ** The annexes to the present report are circulated as received.

United Nations A/HRC/40/78

I. Introduction

A. Background

1. The United Nations Voluntary Fund for Technical Cooperation in the Field of

Human Rights, established by the Commission on Human Rights in its resolution 1987/38,

receives voluntary contributions from Governments, organizations and individuals. The

objective of the Fund is to provide financial support for technical cooperation aimed at

building and strengthening national and regional institutions, legal frameworks and

infrastructures that will have positive long-term impacts on the implementation of

international human rights standards.

2. The Board of Trustees has been operational since 1993 and its members are

appointed by the Secretary-General for a three-year term, renewable once. The mandate of

the Board is to assist the Secretary-General in rationalizing and improving the technical

cooperation programme. It meets twice a year and reports on its work to the Secretary-

General and the Human Rights Council. Its current members are Morten Kjaerum

(Denmark), Lin Lim (Malaysia), Esi Sutherland-Addy (Ghana), Valeriya Lutkovska

(Ukraine) and Carmen Rosa Villa (Peru). Ms. Villa was nominated in July 2018 to replace

the seat vacated by Mariclaire Acosta (Mexico). At its forty-sixth session, the Board elected

Morten Kjaerum as Chair and his mandate will run until 30 October 2019. The Board

decided to extend the period of time each member will act as Chair on a rotational basis to

cover at least two sessions of the Board and a Human Rights Council oral update.

B. Mandate

3. The refocused approach, agreed upon by the Board of Trustees and presented in

2011 to Member States in the annual report of the Secretary-General to the Human Rights

Council (A/HRC/16/66), continues to be appreciated by the Office of the United Nations

High Commissioner for Human Rights (OHCHR) and its partners.

4. The visits to field presences through the organization of one of the Board’s annual

sessions in a country or region where OHCHR is present, and the discussions with all

partners on the ground has continued to strengthen the capacity of the Board to provide

strategic advice. Over the last six years the Board has visited at least one type of field

presence in every region of the world and observed how OHCHR continues to maximize

the impact of its relatively limited resources, which are constantly overstretched.

5. As members also of the Board of Trustees of the Voluntary Fund for Financial and

Technical Assistance in the Implementation of the Universal Periodic Review, the Board

has continued to offer policy guidance in order to maximize the effectiveness of the

technical assistance and financial support available to States in implementing the

recommendations arising from the universal periodic review and other international

mechanisms.

6. Following the advice of the Board, OHCHR continues to strengthen the strategic use

of the resources under the two voluntary funds to maximize their impact, especially in the

areas of capacity-building and advisory services on the ground. Its efforts to enhance the

complementarities of the two voluntary funds in support of fuller and more effective

integration of recommendations as an integral part of United Nations programme tools on

the ground are very much encouraged by the Board and welcomed by all Resident

Coordinators with whom the Board has met. The Board is of the view that the technical

support provided over the last five years in establishing e-tools for systematizing

recommendations and follow-up actions are crucial to ensuring sustained, coherent and

effective in-country support for implementation of those recommendations.

7. Throughout 2018, the Board had a number of opportunities to continue engaging

with OHCHR and its partners on the ground on the relevance of the technical cooperation

programmes in the context of its new programme for the period 2018–2021. In particular,

the Board has started sharing with OHCHR the lessons learned and experiences gathered

that could serve to advance its technical cooperation programmes around a number of

themes identified as frontier issues in the new OHCHR programme.

8. In its resolution 39/18, the Human Rights Council noted again with appreciation the

contribution of the Board through its annual reports, in particular to the components of

technical cooperation. The Board very much welcomes this acknowledgement and in

particular the appreciation expressed for its identification of good practices. The sharing of

good practices continues to encourage States to approach and partner with OHCHR to

receive advisory services and technical assistance in the field of human rights. The Board

notes with appreciation that during the discussions in the Human Rights Council, there is

now a wider understanding of technical cooperation and also public recognition by States of

the important support they receive from OHCHR.

9. In line with its mandate, the Board has actively participated in a number of outreach

events that were jointly organized during the period under review together with the

OHCHR External Outreach Service.

II. Activities of the Voluntary Fund and the Board of Trustees

10. The Board held its forty-sixth session in Colombia from 9 to 13 April 2018 and its

forty-seventh session in the regional office for South America in Santiago de Chile from 27

to 29 November 2018. The sessions were chaired by Mariclaire Acosta Urquidi and Morten

Kjaerum respectively. The Board reviewed the status of implementation of the work and

cost plan for the Voluntary Fund, reviewed in detail the programmes covered by the Fund

and formally endorsed them.

11. The Chair of the Board met the United Nations High Commissioner for Human

Rights in Geneva in November.

A. Forty-sixth session (Colombia)

12. In accordance with its practice of holding one of its two meetings each year in a

Member State where OHCHR has a field presence, the Board held its forty-sixth session in

Colombia to observe in situ the role and comparative and collaborative advantages of

OHCHR, to identify better the type of technical cooperation that OHCHR provides and to

give relevant guidance. The Board also learned about specific and locally based OHCHR

projects. It noted the importance of the complementary role of OHCHR vis-à-vis the

mandate of the United Nations Verification Mission in Colombia by keeping human rights

at the forefront of the peace agenda. It also noted the excellent partnership forged with the

Mission and the critical role that OHCHR is expected to keep playing through its solid

monitoring and advocacy. Its monitoring and advocacy role was referred to as “a crucial

foundation” for other actors to build on in their various programmes and support services.

13. The Board had an excellent opportunity to observe once again at first hand the type

of technical cooperation that OHCHR is best placed to offer, starting with and based upon

the results of its monitoring role. It uses its highly qualified technical expertise and close

interactions and engagement with all actors on the ground to establish the necessary trust to

gather evidence-based information and credible, validated data on the human rights

situation and challenges affecting the daily lives of the people. It subsequently analyses the

information and data from a prevention-based angle and advises the relevant State

authorities and other key actors on effective policies, programmes and measures to promote

and protect human rights.

14. The work of OHCHR in Colombia confirms the type of technical cooperation and

advisory services that it is best placed to provide. It is solidly anchored in a sound

understanding of the problems, capacity and behavioural challenges on the ground through

sustained monitoring and daily presence across the country, with full access to and

cooperation with all actors. The Board observed directly how OHCHR accompanied and

practically supported the institutions and partners in their efforts to ensure integration of all

civil, cultural, economic, political and social rights in a very effective manner. The

approach taken in Colombia, as the Board has been able to observe before in other OHCHR

country presences should be more widely known, as it may encourage other States to

approach OHCHR to support their efforts in regard to human rights. The lessons learned

should be applied in the establishment and strengthening of the work of all human rights

presences around the world and the Human Rights Council should serve as a channel to

recognize and draw attention to the constructive impact of the support received by States.

15. OHCHR in Colombia has been physically present and covered key areas of the

country in a sustained manner for many years, even at very difficult moments. It has built

trust through continuous provision of support and by being strategic (for example through

its work in focused communities). All this has enabled it to enhance the value of its unique

mandate and to engage actively with all partners in the country. The Board sees this as a

good example of what the principle of “leaving no one behind” represents in practical

programming terms on the ground. All the partners the Board met recognized the critical

role that OHCHR plays as a main partner in supporting the State with its obligations for the

promotion and protection of human rights. That was particularly evident in the space

OHCHR provides for dialogue, cooperation and the search for durable solutions for long-

standing human rights challenges. The Board was particularly impressed by the public

recognition by all institutions of the role of OHCHR, particularly in assisting the victims of

human rights violations. The Board met with representatives of many groups, including

indigenous peoples, people of African descent, peasants, human rights defenders,

journalists and representatives of key State institutions, all of whom expressed their deep

appreciation for the role and support that OHCHR has provided through very difficult and

challenging times. The role of OHCHR in the current peace process was consistently

highlighted.

16. The Board was particularly impressed with the vision and foresight of the OHCHR

office in Colombia, working in close cooperation with institutions across the country to

redeploy human resources and technical capacity to areas where the situation might

deteriorate. That has enabled it to obtain first-hand information, analyse it through its

independent and professional lens for early warning of potential problems and provide key

advice in a number of policy development processes. That means, as noted by one of the

State representatives, that it is able to speak and provide advice with an authoritative voice.

OHCHR has managed skilfully and effectively to maintain a delicate balance between

advocacy on sensitive human rights issues and good, influential relations with the

authorities at all levels. The cooperation and trust that it has managed to nurture have

played and continue to play a key role in ensuring, in difficult times, the persistence and

coherence of messages, in full conformity with the international obligations of the State.

17. The capacity of OHCHR to understand the situation, challenges and opportunities on

the ground was recognized by all interlocutors of the Board as very important. Monitoring

and reporting, combined with real-time information-sharing, provide national and

departmental authorities with unfiltered information that they can use to intervene in

moments of crisis and evaluate the impact of their policies on the ground. OHCHR reports

and recommendations, including those from the international human rights mechanisms, are

used as a diagnostic tool for advisory and cooperation activities. Its victim-centred

approach and continuous support provided to the three mechanisms of the comprehensive

transitional justice system is vital. For example, it has provided direct support to the

regional liaison officers of the Special Jurisdiction for Peace, thus improving the access and

participation of victims in rural areas.

18. One of the many positive effects of the final peace accord has been the downscaling

of fighting between the armed forces and the Fuerzas Armadas Revolucionarias de

Colombia-Ejército del Pueblo (FARC) and Ejército de Liberación Nacional (ELN) groups.

During the Board visits however, there were a number of new outbreaks of violence

representing a huge challenge to the success of the peace process, a question that was

stressed by all actors with whom the Board met. The peace process offers an important

opportunity to implement international human rights standards in practice and it is critical

that actions are in line with those standards, ensuring that the levels of impunity are

substantially reduced and not reinforced. It is critical that all State institutions and actors are

supported through advocacy and technical cooperation, in order to ensure full recognition

of the victims’ rights and to implement transformative changes in the daily enjoyment of

human rights. The areas vacated by FARC which have not yet been filled by State services

(for example, clean water, health and education) represent important human rights

challenges. It is expected that OHCHR will continue playing an important role in

advocating for the provision of such basic human rights.

19. The Board noted the continuing worrying trend of aggression against the civic space

and in particular against community leaders and human rights defenders. However, many

actors reported that the Office was good at building bridges and facilitating dialogue

between different actors, including capacity-building to ensure that those dialogues bear

fruit. OHCHR has managed to ensure an understanding of its mandate among all

stakeholders and has demonstrated a considerable capacity to operate and work in a highly

polarized environment and challenging security situation within the context of the peace

process without losing focus. That was particularly evident to the Board during its visit to

Buenaventura. During the discussions with civil society actors and State institutions the role

played by OHCHR during the civic strike (paro civico) was seen as instrumental in

achieving a positive outcome.

20. The Board was informed by several United Nations agencies and programmes

operating in the country that they relied on the information provided by the OHCHR

country office and on its advice concerning international human rights standards. The role

of OHCHR in United Nations country teams and particularly in developing and

implementing the human rights-based United Nations programmatic tools is now more

significant than ever in light of the 2030 Agenda for Sustainable Development. In a country

such as Colombia, where overcoming exclusion continues to feature prominently in all

national and United Nations efforts, leaving no one behind while ensuring full respect for

human rights is an inevitable responsibility for all.

21. The Board particularly welcomes the complementarity between the areas OHCHR

has prioritized over the last four years in the area of technical cooperation and the

expectations of the host country. They have been strategically and tactically developed in

view of the specific challenges and opportunities to promote human rights-based change in

the country. That has been particularly relevant in the work that OHCHR undertakes to

support the State in bridging the considerable gap between its solid legal framework,

combined with impressive institutions, on the one hand and poor implementation on the

ground on the other hand. The collaboration with the Office of the Attorney General is a

clear example of how trust in OHCHR could contribute to link the Office of the Attorney

General with relevant victims.

22. The Board paid particular attention to the way in which OHCHR facilitates the

engagement of a broad range of stakeholders with different human rights mechanisms and

how it supports the follow-up to their work. For example, the follow-up to the

recommendations made by the Committee on the Elimination of Racial Discrimination in

2016 is particularly interesting. Through its programmes, OHCHR continues to address

obstacles in matters of access to economic, social and cultural rights, rights to land and

territory, and to participation by groups that have been subject to discrimination. Law No.

1482 of 2011, which amended the Criminal Code to include measures against racism and

discrimination, represented a significant positive step in addressing discrimination.

However, it focuses only on sanctioning acts of discrimination, not on promoting

prevention of and reparation for the impact of discriminatory acts. OHCHR continues to

work on this issue and provide support through technical cooperation and, based on the

recommendations of the human rights mechanisms, action in this regard.

23. The human rights impact and implications of business activities, and in particular the

challenges involved in ensuring there are mechanisms for informed and meaningful

consultations with affected local communities, in particular marginalized and

disadvantaged persons, continue to represent an important challenge in all regions and

countries where the Board has held its sessions. That is an area where systematic

documentation and the sharing of good practices across countries, and even globally,

continue to be of crucial importance in providing effective technical cooperation support on

the ground. In Colombia, for example, during its visit to Buenaventura, it was very clear to

the Board the role that OHCHR could play, and is expected to play, in supporting

meaningful action by the private sector.

B. Forty-seventh session (Santiago de Chile)

24. The second session of the Board in 2018 took place in Santiago de Chile where

OHCHR has its Regional Office for South America. The Board decided to postpone the

session in Geneva to March 2019 to coincide with the presentation of the annual report of

the Chair to the Human Rights Council to optimize the use of resources. The main purpose

of the session was to increase understanding and offer advice on the type of technical

cooperation that OHCHR provides in a regional context.

25. The Board also took the opportunity of the session and the recently launched

OHCHR four-year plan, to explore with OHCHR and its partners in the region the advisory

services and technical cooperation experience in areas identified as frontier issues. The

Board welcomes the initiative to enhance the work, knowledge and support for the relations

between human rights and the frontier issues, such as corruption, climate change, inequality

and the displacement and movement of people, and the impact on human rights of those

issues. Those are all critical issues where, in the view of the Board, the expertise and

experience of OHCHR is essential to supporting a wider and better understanding of their

human rights dimensions and implications. For that reason, the Board, starting from its

forty-seventh session, decided to gather experiences and discuss the technical cooperation

components that could serve to support States in advancing in these important areas. The

Board decided to begin with the human rights dimensions of corruption, with particular

emphasis on the impact of corruption on the State duty to respect, protect and fulfil

economic, civil, social, political and cultural rights. OHCHR technical support is very much

needed to help explain how human rights can support efforts to combat corruption.

26. The data collected and analysis conducted by OHCHR following extensive

consultations across the world in the preparation of its new programme confirmed the

undeniable spread and corrosive effect of corruption on State institutions and on the

capacity to effectively protect and fulfil human rights. Public confidence in institutions and

governance is negatively affected as a result, while indices of social and economic

inequality have increased in a majority of countries. Corruption also severely reduces the

amount of public funds available for the provision of basic services, such as education and

health, and therefore adversely affects the basic human rights of millions of people.

27. In the Americas region, the two OHCHR Regional Offices for Central and South

America have been working closely with the Inter-American Commission on Human

Rights on the impact of corruption on human rights. In December 2017 a workshop on

corruption and human rights was organized, which contributed to the development and

further adoption of Inter-American Commission resolution 1/18 on corruption and human

rights. The resolution is the first comprehensive approach of the inter-American human

rights system to establish the link between corruption and human rights and to determine

specific measures and recommendations to combat corruption, putting victims at the centre

of those efforts. In the resolution, the Commission stated that corruption was a complex

phenomenon that affected human rights in their entirety, undermined democracy and the

rule of law, promoted impunity and exacerbated inequality. The Commission also

highlighted the importance of independent and impartial justice, citizen oversight over

procurement practices and budget management, transparency and freedom of expression,

and adequate protection of justice operators, human rights defenders, journalists and

whistle-blowers, and international cooperation, among other measures. The Commission

committed to developing further the links between corruption and human rights abuse and

its mechanisms and reports.

28. Corruption and impunity have become central issues in the current public debate in

many countries of the Americas region. The Board discussed with experts and a number of

partners, including State representatives, the challenges that corruption poses for human

rights at all levels and the type of interventions through research, advocacy, advisory

services and technical cooperation that could be useful to support States. The Chair of the

Board facilitated exchanges between the members of the Board on the nexus between

corruption and human rights. A human rights-based approach emphasizing the role of

principles, standards and mechanisms for the promotion and protection of human rights can

be a valuable and complementary tool in the fight against corruption. Corruption is often

perceived as a victimless crime, with the result that it is not as stigmatized and visible as

other criminal activities, but it has very insidious and damaging effects.

29. A change in the way corruption is perceived and dealt with is crucial. A bottom-up

approach to the fight against corruption based on human rights must be developed to

strengthen popular support in this endeavour and to empower victims and make them

visible. The link between the fight against corruption and human rights should be more

systematically included in human rights education at all levels. Technology-based solutions

can play an important role in this respect. Promoting gender equality is key, given the

correlation showing that countries with higher levels of gender equality tend to have lower

levels of corruption and considering how corruption impacts on women. The Chair of the

Board stressed that from a human rights perspective, there is currently no need for

additional standards for the fight against corruption; the focus should be to maximize the

use of existing standards, including the human rights standards and mechanisms.

30. Mariclaire Acosta, a former member of the Board, participated in the discussions in

her capacity as Chair of the National System against Corruption (Sistema Nacional

Anticorrupción) in Mexico and shared her experience. Ms. Acosta stressed that corruption

and the de facto impunity enjoyed by its perpetrators had caused huge damage, with many

victims. It was a major factor in the weak rate of economic growth that many countries had

experienced in the past decades. It had also affected and even distorted and thwarted

democratic developments, producing a widespread lack of trust and confidence in

government institutions at national, state and municipal levels.

31. Ms. Acosta described the efforts made in Mexico to establish a national anti-

corruption system as a means of preventing, detecting, investigating and punishing acts of

corruption and strengthening the institutions charged with that task in the three branches of

government, at both the federal and state levels. It was a State institution operated by the

Government with direct civil society participation in its management. Ms. Acosta noted as a

good practice that the system was presided over by a member of a special Citizen’s

Committee composed of five citizen representatives. They were selected by a committee of

leaders from academia, business and civil society and appointed by the Senate, and their

periods in power were staggered in such a way that one member of the five was regularly

replaced. In addition to setting policy, the Committee had an oversight function. It had the

power to introduce issues relating to corruption to the Coordinating Committee (the

principal component of the anti-corruption system) and to propose the main tenets of a

national corruption policy and the instruments with which to measure its enforcement.

Despite the important obstacles it still faced, the system had succeeded in integrating civil

society into its structure and had provided it with a leadership role, and it was this feature

that made it unique.

32. Carmen Rosa Villa referred to the differences in the impact of corruption between

women and men, linked also to the unequal distribution of power. Corruption further

reduced opportunities for all to access public resources, but for women the challenges were

even greater, in view of the structural barriers that already existed, including in terms of

access to information and decision-making positions and power. Lin Lim also highlighted

the impact of corruption on impeding the growth of small and medium-sized businesses in

various regions and in particular at the initial stages of fragile income-generation activities

for women.

33. Corruption is a barrier both to development and to the full achievement of gender

equality. Steps toward preventing corruption or promoting gender equality are therefore

mutually beneficial. Issues such as education and the strengthening of national and

international judicial systems, increasing equal political participation and continuing

research represent areas where both fighting corruption and promoting equality can be

mainstreamed and leveraged. The links between gender equality and corruption need to be

central to the search for policies and practices to eradicate endemic corruption. Attacking

corruption means adopting an interdisciplinary, holistic approach that incorporates a gender

perspective.

34. The Board also learned from other national experiences in discussions, for example

with the Attorney General for combating corruption in Guatemala and in the context of the

meetings held with State partners during its session in Colombia. Through the discussions,

it became evident that current efforts to address corruption are framed in the context of a

new economic global paradigm where the human rights dimensions are more relevant than

ever. Destabilization of democracy gains in the region is one of the impacts being raised.

The concept of social accountability is also gaining terrain when exploring ways to tackle

corruption more efficiently.

35. The Board acknowledged the value of devoting part of the session to share these

experiences and views, with the aim of supporting OHCHR through technical cooperation

and advisory services under the various frontier issues that had been identified. The first

pilot discussion on how, on the one hand, corruption negatively impacts on economic,

social and cultural rights and the achievement of the Sustainable Development Goals and

on the other hand how a human rights approach and human rights instruments and measures

can fight corruption, served to identify some examples of good practices in the region that

could serve to encourage replication in other parts of the world, including through

supporting institution-building and strengthening for enhanced accountability and

participation. Supporting policy cohesion using the existing international human rights

framework was another key area where the role of OHCHR was raised by partners. The

Board finds that the human rights-based approach to budgets continues to be an important

domain where OHCHR could play an active role in enhancing national capacities and

provide guidance to relevant State institutions. National human rights institutions could be

supported to better track the impact of budget allocations on the enjoyment of human rights

and in support of relevant policies and programmes.

36. The Board devoted two days of the session to learning and sharing experiences of

the work of OHCHR in the region through its Regional Office in Santiago de Chile. The

Board found the timing of the session very relevant, as OHCHR was moving ahead with

implementation of its new programme.

37. The Board held discussions with various State partners in the region, including

representatives of the Ministry of Justice and Human Rights in Peru and the Ministry of

Human Rights in Chile, the Secretary of State for persons with disabilities in Paraguay and

representatives of the national human rights institutions of Argentina, Chile, Ecuador and

Paraguay. The Board also held discussions with United Nations representatives from the

Economic Commission for Latin America and the Caribbean and at national level in

various countries of the region, including the Resident Coordinators in Chile and Uruguay

and human rights advisers in Argentina, Chile and Uruguay.

38. In Chile, the Board visited the Centre for Mental Health and Human Rights, a civil

society organization working on the rehabilitation of victims of violence and torture that

has been a recipient of financial support from the United Nations Voluntary Fund for

Victims of Torture. In addition to the financial support from OHCHR and cooperation with

the OHCHR Regional Office for South America, the Board discussed the various types of

cooperation in which the organization was involved. The Board was very pleased to

observe how the full OHCHR toolbox completed and supported efforts on the ground that

have an impact on the daily lives and realities of many individuals. It also visited the

Museum for Memory and Human Rights in Santiago.

39. Its physical presence in the region has enabled OHCHR to enhance the value of its

unique mandate and to engage actively with key partners in the region. That comparative

and collaborative advantage is particularly evident, for example, in the spaces for dialogue

and cooperation that it has been able to establish, responding in a timely fashion to

challenges through the proposal of sound technical cooperation programmes and

accompanying national efforts to investigate and provide reparation for human rights

violations in very difficult circumstances and with limited resources. Those efforts have

built the base for the solid trust enjoyed by OHCHR across the region, not only by victims

and civil society organizations but also by Governments and State institutions. The Board

was very pleased to learn how partners greatly relied on OHCHR expertise and advice, for

example when strengthening their national protection systems. Particularly relevant was the

efficient OHCHR strategy aimed at enhancing the capacities of the United Nations country

teams in the region to better support national efforts for the promotion and protection of

human rights.

40. OHCHR is regarded by partners in the region as a key reference organization when

legal advice on legislation is required, ensuring alignment with international standards, or

when developing statutory frameworks for the establishment and strengthening of national

protection systems and institutions. The Board learned about the technical support provided

by OHCHR in Paraguay on the bill on minimum wages for domestic workers and in

Ecuador regarding the legislation establishing the Office of the Ombudsman. Ongoing

projects are also aimed at supporting the regulation of the legal capacity of persons with

disabilities in line with the Convention on the Rights of Persons with Disabilities in Peru

and on the constitutional recognition of people of African descent in Chile.

41. OHCHR is also approached to provide direction on the human rights dimensions of

numerous thematic areas, for example regarding economic, social and cultural rights,

including access to land and the enjoyment of the right to education, the situation of the

rights of persons with disabilities, the rights of elderly persons, and women’s rights and

gender equality in regard to the prevention and investigation of femicide. It has provided

technical advice on the efforts to establish an independent mechanism for the protection and

promotion of the rights of persons with disabilities in Paraguay and on standards for

migration laws and the rights of indigenous peoples in Chile.

42. The Board was very pleased to note that women’s rights and gender inclusiveness

were fully integrated in all OHCHR programmes in the region through the leadership of the

Regional Office and also through the network of its human rights advisers. For example,

the Board was very interested in and appreciated the technical support being provided in the

region to national efforts to address the impact of stereotyping in cases of gender-based

violence.

43. The Board observed once again how the thematic technical expertise and policy

advice provided by the Women’s Human Rights and Gender Section at headquarters, the

regional gender adviser and the experts in the Regional Office for South America work in a

complementary way to maximize the use of the scarce available resources around a key

priority issue. For example, in June 2018 the Regional Office, together with the women’s

office of the court of justice of Salta, Argentina, and the magistrate’s school in Argentina

organized a workshop with judges in the region to promote and strengthen the role that the

judiciary in Salta could play in defending women’s rights by addressing harmful gender

stereotypes, reflecting on the impact of stereotyping in cases of gender-based violence,

sexual rights and reproductive health. In coordination with the United Nations country team

and the Centre for Judicial Studies of Uruguay, OHCHR also supported the organization of

a seminar with judges addressing judicial gender stereotyping. Twenty-five judges from

around the country discussed how the judiciary could address harmful stereotypes in

relation to cases of gender-based violence and sexual and reproductive health and rights, in

order to more effectively defend and fulfil women’s rights in the context of the

implementation of the newly approved law on gender-based violence. The exchanges of

good practices, as facilitated by OHCHR, as well as the technical advice within the

international human rights framework were highlighted as a key means of promoting and

replicating efforts to address gender stereotyping.

44. The Board also learned about the different avenues of engagement with the

authorities in the Bolivarian Republic of Venezuela. The Board was informed that neither

the Regional Office for South America nor the High Commissioner had been granted access

to the country since 2014. In June 2017, in the light of reports of serious human rights

violations committed in the context of anti-government protests, OHCHR strengthened its

capacity to monitor and report on the situation. It continues to follow the situation closely

and is exploring avenues for cooperation.

45. During its discussions with the Resident Coordinators for Chile and Uruguay and

other representatives of the United Nations in the region, the Board discussed cooperation

with OHCHR, the support being provided by the United Nations country teams to States in

the region through technical cooperation and the ongoing efforts under the initiative of the

Secretary-General for the reform of the United Nations development system. The Board

always takes the opportunity of its sessions in countries where OHCHR has a presence to

hold discussions with the relevant agencies and programmes to gather information on the

synergies and cooperation on the ground supporting national efforts in any critical area with

relevance for the promotion and protection of all economic, civil, cultural, political and

social rights.

46. The Board was particularly interested in the ongoing work and plans in the context

of support for the 2030 Sustainable Development Agenda and the Sustainable Development

Goals, in particular regarding the path for graduation in many countries from middle-

income to high-income status. The presence of human rights advisers in the United Nations

settings was highlighted by all teams as a critical component for their ability to support

States adequately with their human rights commitments, pledges and obligations, in

particular where OHCHR does not have a fully-fledged presence.

47. The Board found very innovative the way in which the Regional Office had further

enhanced engagement with countries in the region through complementary use of the

Voluntary Fund for Technical Cooperation, the Voluntary Fund for Financial and Technical

Assistance in the Implementation of the Universal Periodic Review and the treaty body

capacity-building programme. That provided the opportunity to strengthen the human rights

capacities of United Nations country teams to better support countries in the region in their

engagement with the human rights mechanisms, including leveraging synergies with the

human rights-based implementation of the 2030 Agenda for Sustainable Development. In

view of the results and good practices, the sustainability of this effort has now been

supported by the United Nations Sustainable Development Group, which is assisting with

the maintenance of the national human rights advisers in the country teams.

48. The Board was particularly impressed by the strategies designed by the Regional

Office to support initiatives in countries across such a vast and diverse region. The

experiences and practices shared by all partners highlighted how closely OHCHR works

with them. The OHCHR presence in Santiago de Chile is known across the region and that

is clearly the result of intense and tireless efforts to follow closely and respond in a timely

and efficient manner to requests for technical cooperation, but also to anticipate challenges

and identify through early warning and preventive work the actions needed. That has been

done in a situation of scarce financial and human resources.

III. Technical cooperation

A. Need for technical cooperation in the field of human rights to be

mainstreamed throughout the work of all United Nations programmes

and operations in each country and region

49. Since 2012, the Board has brought to the attention of the Human Rights Council a

number of components for effective technical cooperation that have become evident in its

experience of overseeing the Voluntary Fund. The Board has already commented in

previous reports on the importance of six out of seven components.

50. The seventh component highlighted by the Board relates to the critical importance of

human rights integration across the work of all United Nations programmes on the ground

as an effective means of better supporting national efforts for the promotion and protection

of human rights. This component is regarded by the Board as particularly critical at this

stage, in view of the current changes under way as a result of the reform of the United

Nations development system aimed at supporting States in their efforts to achieve the 2030

Agenda for Sustainable Development. Achieving the Sustainable Development Goals is

imperative if “human rights for all” is to be made a reality. An empowered Resident

Coordinator and reinvigorated United Nations country team should make every effort to

enhance policy coherence in the delivery of technical cooperation to ensure the enjoyment

of human rights of all, which are solidly anchored in the 2030 Agenda and in each of the

Sustainable Development Goals.

51. As the United Nations development system embarks on these changes, achieving the

Sustainable Development Goals everywhere and for everyone without leaving any one

behind and reaching the furthest behind first requires a consolidated effort to ensure that

human rights are at the forefront. Throughout its sessions, the Board observed that

commitments under the 2030 Agenda for Sustainable Development have enhanced the

opportunities for the United Nations on the ground to support efforts to promote and protect

human rights, building on the progress achieved in the past 10 years of integrating human

rights across the work of the Organization. The recommendations from the international

human rights mechanisms are indeed being increasingly used to support policy coherence

in integrating human rights in development.

52. In discussions in Santiago de Chile with the Resident Coordinators for Chile and

Uruguay it was clearly stressed that the landmark resolution agreed to by all 193 countries

on 31 May 2018 on the repositioning of the United Nations development system provided

the mandate required for the Secretary-General and the United Nations system to take

forward their collective responsibilities to support implementation of the 2030 Agenda for

Sustainable Development. That would include ensuring that the United Nations was better

positioned to prevent crises and deliver effectively on all the mandates given to the

Organization, including the promotion and protection of human rights for all.

53. The Board particularly appreciated the stress that the Resident Coordinator for

Uruguay put on the fundamental transformation that the 2030 Agenda for Sustainable

Development could bring, first and foremost by asking difficult questions and more

importantly being frank and honest about the uncomfortable answers requiring prompt

action. While the Sustainable Development Goals were the most visible manifestation of

the 2030 Agenda, it involved a fundamental transformation, including the need to address

the realities of exclusion and conversely the prevalent culture of privileges. It was

imperative to rethink social protection policies as a way of not only getting out of poverty

but staying out of it and offering support in a life-cycle approach. Further, it was essential

to reinvigorate the legitimacy and efficiency of public institutions and policies. These were

some of the critical changes with important human rights dimensions that the framework of

the 2030 Agenda would have to deliver while addressing inequalities and dismantling

discrimination.

54. The Board agreed with the Resident Coordinator and stressed that within that

context, the critical question was how to ensure a full human rights based-approach in

which those left behind, in particular those who had been discriminated against and

excluded, were fully recognized, based on the normative frameworks. As stated by the

Deputy High Commissioner for Human Rights, the 2030 Agenda for Sustainable

Development, was a manifesto for human rights and thus to deliver on the Agenda, it would

be critical to ensure that the United Nations teams on the ground were fully equipped to

ensure that the normative framework, in particular human rights, gender equality and

women’s empowerment, guided and informed the transformation of the United Nations

system.

55. The Board has observed how strong United Nations leadership on the ground is

critical for supporting States in their efforts to achieve sustained human rights results. In

many of the countries visited, where good examples of results were shown, the United

Nations leadership counted upon the support of human rights expertise in the form of a

human rights adviser. The Resident Coordinators had effectively used this capacity to be

able to engage at country level ensuring better support on the ground. The Board has

observed how in many cases United Nations personnel on the ground have been able to

engage on critical issues with important human rights dimensions thanks to this expertise,

for example on the issue of femicide, access to services for minorities or the legal rights of

persons with mental disabilities.

56. The level of resources, both of personnel and funding, available for technical

cooperation and advisory services remains regrettably very modest and it is therefore

imperative that the resources available are used to best effect.

57. The Board can certainly state that OHCHR with its expertise and experience is the

strongest possible reference organization to continue supporting the United Nations system

on the ground, asserting the key normative role of the Organization and enhancing ways

and means of more explicitly integrating human rights into programming and strategies.

B. Measuring the results of technical cooperation and the response of the

Office of the High Commissioner

58. The Board continues to benefit from the reports and information provided and

facilitated through the OHCHR performance monitoring system. The information being

provided by the Secretariat is substantially improving the basis for providing advice and

assessing the relevance of programmes. The Board would therefore like to encourage

OHCHR to continue investing in the maintenance and expansion of the system.

59. The Board learned that OHCHR plans to continue investing in transforming and

enhancing the way in which it operates, in line with its trajectory as a fully results-based

organization.

60. The Board notes with appreciation how OHCHR has been able to strengthen its

evaluation capacity substantially, ensuring that evaluation increasingly forms part of the

results-based management cycle. The Board has observed the considerable achievements in

terms of the perceptions and institutionalization of an evaluation function and culture

within OHCHR to fully enhance its capacities to improve the quality of support on the

ground.

IV. Status of funding and donors

61. The Board was updated on the overall financial status of the Voluntary Fund,

discussed and analysed the status of implementation of the workplans for 2018 and 2019,

and endorsed them. An analysis of funding trends between 2008 and 2018 (see annex I)

shows a slight increase in 2018 against a background of a steadily decreasing tendency in

voluntary contributions to the Fund over the last six years. The Board is very pleased with

the increase in voluntary contributions in 2018. It is a good reflection of the strategic vision

and enhanced capacity to communicate, as well as the crucial results achieved in supporting

States in the effective promotion and protection of human rights. The Board has been able

to corroborate those efforts in situ and would like to congratulate OHCHR and the Member

States concerned. All the partners with whom the Board met confirmed the need for

increased financial resources to expand human rights presences and programmes on the

ground.

62. The total expenditure of the Fund at 31 December 2018 was $13,301,063. The cost

plan increase in 2018, as well as the slightly increased contributions, is due to the increase

in voluntary contributions received by OHCHR in 2018. Last year saw expansion in the

coverage of the human rights advisers deployed, for consistency purposes, through the

Voluntary Fund, as well as the newly established country presences also covered under the

Fund. That change means that the financial contributions from the various financial

instruments (for example, the United Nations Development Group 2012 Strategy for the

deployment of human rights advisers) are also being channelled by OHCHR through the

Fund. As at 31 December 2018, the Fund had received a total of $17,893,744 in pledges

and contributions. That meant that for the first time the Fund made good the deficit that

needed previously to be covered by its reserves (according to the Financial Regulations and

Rules of the United Nations, trust funds must ensure they carry a reserve of 15 per cent of

projected expenditure). Some of the increase in funds arrived late in the year and will be

carried over to 2019.

63. The Fund provided resources for technical cooperation programmes designed to

build strong human rights frameworks at the national level in 40 regions, countries and

territories through 28 human rights advisers/human rights mainstreaming projects (in

Argentina, Bangladesh, Barbados, Belarus, Brazil, Dominican Republic, Ecuador, Jamaica,

Kenya, Madagascar, Malawi, Malaysia, the Niger, Nigeria, Papua New Guinea, Paraguay,

Peru, Philippines, the Republic of Moldova, the Russian Federation, Rwanda, Serbia, Sri

Lanka, Timor-Leste, Uruguay, Zimbabwe and the South Caucasus region (Georgia)); 7

human rights components of peace missions (in Afghanistan, the Central African Republic,

Guinea-Bissau, Haiti, Libya, Somalia and the Sudan (Darfur)); and 5 country/stand-alone

offices in the Plurinational State of Bolivia, Chad, Mauritania, Mexico and the State of

Palestine.

64. Through the Fund, OHCHR has continued to facilitate national efforts to incorporate

international human rights standards into national laws, policies and practices, with

particular emphasis on the follow-up to recommendations made by international human

rights mechanisms and the development of online mechanisms to facilitate such follow-up.

It has also contributed to the establishment and strengthening of national structures,

institutions and capacities to ensure adherence to those standards. Resident Coordinators

and country teams have continued to see their human rights capacity strengthened. Detailed

information on income and expenditure under the Voluntary Fund, its financial status in

2018 and a list of donors and contributors are annexed to the present report (see annexes II–

IV).

V. Main findings and recommendations

65. The Board has welcomed the new management programme for the period 2018–

2021 and in particular the vision of OHCHR to continue maximizing its impact through a

clear definition of the foreseeable results in the next four years. The shifts in the

programme and in particular the engagement and investment in the so-called frontier issues

is welcomed and reflects the capability of OHCHR to adapt to new challenges. It is open to

exploring, analysing and providing advice in critical new spheres with clear human rights

dimensions. The interest and engagement with youth is another key feature that the Board

and the partners with whom the Board has met have stressed as critically important.

66. The discussions with all partners have continued to highlight how the monitoring

work undertaken by OHCHR informs the programmes of its partners. Further, the

monitoring role contributes positively to the tangible results achieved in the development of

the national protection frameworks, including in the promotion and protection of economic,

social and cultural rights, as well as ensuring the interdependency and interrelatedness of all

rights. From its most recent sessions in Latin America, the Board would like to highlight

the promising practices it has observed in the support to national efforts for the prevention

of all forms of discrimination, marginalization and exclusion. For example, the advice

provided by the Regional Office for Central America in Panama on the development of

legislation and policy regarding sexual and reproductive health and the prevention role

through mediation support in the context of social protest played by OHCHR in Colombia

demonstrate the direct impact on the lives of people on the ground. Those examples

illustrate the multifaceted efforts and innovative approaches of OHCHR in its support to the

State and institutions on the ground. Its expertise has enabled it to get an accurate picture of

the challenges that need to be addressed and of the relevant institutions to work with on the

design and implementation of appropriate programmes.

67. The Board is impressed by the commitment, knowledge and capacity of OHCHR

staff but most importantly by how it uses those capacities strategically to build trust, offer

space for dialogue and support positive change. On every single visit, the Board has heard

positive stories of the changes in lives and realities directly from victims and from State

partners. For that reason, the Board is very pleased to see the plans for further investment

by OHCHR to ensure that those stories are better known and communicated.

68. The Board very much welcomes the identification by OHCHR of corruption as a

critical front-line issue requiring particular focus and attention in the coming years. It is

very encouraged that OHCHR appreciates its advice and views on continuing to develop

the work and conceptual frameworks on the links between human rights and the fight

against corruption. In particular OHCHR is well positioned to explore how it can be

included in different aspects of technical assistance and in training programmes. It

appreciates the view expressed by many interlocutors that there is an important link

between low levels of corruption and a high level of gender equality, which is an aspect to

be explored further. The Board appreciates the connection between human rights, the fight

against corruption and Sustainable Development Goal 16 and would like to continue to

support OHCHR in identifying good practices and cooperation in this field.

69. To meet the imperatives of the 2030 Agenda for Sustainable Development,

implementation of the Sustainable Development Goals must be consistent with human

rights. It is critical that the ongoing efforts to reform the United Nations development

system strengthen its human rights capacities on the ground. The Board welcomes the

efforts to ensure that Resident Coordinators are well equipped with knowledge, experience

and expertise on human rights to better support States and that all United Nations

programming processes are rooted in human rights to reflect the vision of the 2030 Agenda.

The Board would like to encourage OHCHR and the Resident Coordinators to document

the good practices of the integration of human rights into the work of the Resident

Coordinators and United Nations country teams, which have been shared with the Board. In

the view of the Board, they could serve as an inspiration to other teams to demonstrate the

positive gains that can be achieved in advancing the promotion and protection of human

rights, including in the context of the current reform.

70. The Board welcomes the increasing appreciation by the Human Rights Council of

the usefulness of its contributions and views, as well as the positive sharing of experiences

and engagement under its agenda item. It is also encouraged by the increasing number of

States publicly recognizing what has been achieved and stressing the difference that it

makes having an OHCHR presence on the ground with adequate financial and human

resources and operating in line with the mandate of the High Commissioner.

71. The Board welcomes the increase in contributions through the various financial

instruments managed by OHCHR, including the Voluntary Fund for Technical Cooperation

in the Field of Human Rights and the Voluntary Fund for Financial and Technical

Assistance in the Implementation of the Universal Periodic Review. It emphasizes the

importance of ensuring not only an increase in resources, but also the sustainability and

predictability of those contributions.

Annex I

Contributions to the Voluntary Fund and expenditure trends (2008–2018)

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Contributions 13,844 20,434 15,860 16,405 18,466 18,938 17,729 13,179 12,075 11,825 17,831

Expenditure 13,573 14,110 17,748 19,553 24,171 20,296 20,365 17,223 13,179 12,739 13,301

Fund balance 12,108 19,331 20,481 17,920 14,683 13,437 13,037 9,061, 8,747, 7,662, 12,382

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

In U

Annex II

Total

Project Number Staff costs Activities PSC as at 31.12.2018

Number Field Operations & Technical Cooperation Division of staff USD USD USD USD

(a) Human Rights Advisers in UNCT (27):

- Activities implemented by OHCHR HRAs to the UNCT in:

Europe and Central Asia (5)

SB-009371.05 - Belarus */ 1 249,002 - 17,430 266,432

SB-010245 - Belarus (National Action Plan) 1 11,500 51,300 8,164 70,964

SB-002067.01 - Russian Federation 6 264,173 399,783 84,117 748,073

SB-002065 - Southern Caucasus, Georgia 6 427,909 187,405 79,929 695,243

SB-002068 - Moldova 4 155,765 101,939 33,498 291,202

SB-002365 - Serbia 2 261,141 131,798 57,184 450,123

Africa (7)

SB-002085 - Rwanda 3 219,940 88,096 39,913 347,950

SB-002063 - Kenya 5 498,378 259,998 98,313 856,689

SB-009734.04 - Malawi */ 1 156,192 - 10,934 167,126

SB-002066 - Niger 1 44,833 29,784 9,236 83,853

SB-009734.01 - Nigeria */ 1 251,905 - 17,633 269,539

SB-002077 - Madagascar 4 200,871 58,739 33,749 293,360

SB-009371.02 - Zimbabwe */ 1 155,464 - 10,882 166,346

MENA (1)

SB-009371.04 - Jordan */ 1 154,658 985 10,851 166,494

Americas (8)

SB-009575 - Argentina, Barbados, Brasil, Peru, Ecuador, Uruguay 6 371,880 - 26,032 397,911

national officers (MPTF funding)

SB-9734.03 - Dominican republic */ (closed in June 2018) n/a 71,192 0 4,983 76,175

SB-9734.02 - Jamaica */ 1 280,018 7,027 20,093 307,138

SB-002072 - Paraguay 3 122,105 41,619 21,284 185,008

Asia & Pacific region (6)

SB-009371.03 - Bangladesh */ 1 160,914 0 11,264 172,178

SB-009558.01 - Malaysia national officer */ 1 40,489 - 2,834 43,324

SB-002064 - Papua New Guinea 3 325,747 160,113 64,913 550,774

SB-009371.06 - Philippines */ 1 194,559 - 13,619 208,178

SB-002083 - Sri Lanka 4 349,030 59,075 53,054 461,158

SB-009371.07 - Timor Leste */ 1 216,028 4,483 15,436 235,947

SB-002099 - Timor Leste 3 114,112 67,619 22,789 204,520

sub-total HR Advisers: 61 5,297,804 1,649,764 768,137 7,715,705

(b) Human Rights Components of UN Peace Missions (7)

- Activities implemented by UN Peace Missions

Human Rights Units in:

SB-007116 - Haiti (MINUJUSTH) - 22,307 2,900 25,207

SB-006018 - Afghanistan (UNAMA) 3,891 185,751 25,949 215,591

SB-007199 - Somalia (UNSOM) - 208,999 24,400 233,400

SB-007197 - Sudan Darfur (UNAMID) **/ - 12,193 (14,133) (1,941)

SB-006152 - Guinea Bissau (UNIOGBIS) 1 14,160 73,288 11,368 98,816

SB-007195 - Central African Republic (MINUSCA) - - - -

SB-002092 - Libya - 76,821 9,987 86,808

sub-total Peace Missions: 1 18,051 579,359 60,471 657,882

(c) Country/Standalone Offices (4)

SB-002089 - Chad 3 431,266 162,283 74,974 668,523

SB-002069 - Mauritania 11 528,489 403,987 121,204 1,053,680

SB-007868 - Mauritania - Hodh Ech-Chargui (IOM) n/a 14,626 29,934 3,119 47,680

SB-002062 - State of Palestine 10 480,649 332,551 105,639 918,839

SB-002071 - Bolivia (closed in June 2018) n/a 77,813 (17,504) 7,840 68,148

SB-008426 - Mexico (MacArthur Foundation funding) n/a 45,907 22,644 8,922 77,472

SB-009658 - Mexico (Ford Foundation funding) n/a 151,988 4,611 20,358 176,957

SB-002059 - Mexico 24 1,328,260 392,792 222,680 1,943,732

sub-total Country /Standalone Offices: 48 3,058,998 1,331,298 564,735 4,955,031

Adjustments related to closed projects (14,261) (9,100) (4,194) (27,555)

Total (including programme support costs) 110 8,360,592 3,551,322 1,389,149 13,301,063

PSC = 13% except for funding f rom UNDP/MPTF/DTF with PSC 7%

Footnotes: */ Funding from MPTF-UNDP-DTF; **/ Including prior year adjustments

Summary of Expenditure 2018

Voluntary Fund for Technical Cooperation (AHA)

Annex III

Financial status of the Voluntary Fund (2018)

I - Income USD

Contributions rece ived

- Voluntary Contributions earmarked to the VFTC 8,009,043.82

- Voluntary Contributions earmarked to specific VFTC projects 3,906,877.40

- Voluntary Contributions UNDP/MPTF/DTF earmarked to specific HRAs projects 3,519,088.00

- Gain/loss on exchange (25,390.66)

Pledges rece ived

- Voluntary Contributions earmarked to specific VFTC projects for 2018 un-paid 199,358.31

Interest and miscellaneous income 117,262.22

Unearmarked funds allocated to the VFTC by OHCHR 2,222,762.49

T ota l Income (I) 17,949,001.58

II - Expenditure */