Brief on the Nomination of the South African Human Rights Commission’s Chairperson for Election to the Position of the Chairperson of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC)
Presented to
Parliament
10 October 2012
1. What is the ICC?
The International Coordinating Committee for National Human Rights Institutions (ICC) is the international association of national human rights institutions (NHRIs) from all parts of the globe. Established in 1993 at an International Conference in Tunis, the ICC promotes and strengthens NHRIs to be in accordance with the Paris Principles relating to the status and functioning of national institutions for the promotion and protection of human rights (the normative standards governing the establishment, status and functions of NHRIs that were adopted by the UN General Assembly in 1993), and provides leadership in the promotion and protection of human rights. In 2008 it became incorporated as a non-profit legal entity under Swiss law. Secretariat support is provided to the ICC by the National Institutions and Regional Mechanisms (NIRM) Unit of the Field Operations and Technical Cooperation Division of the Office of the United Nations High Commissioner for Human Rights (OHCHR)
The ICC facilitates and supports NHRI engagement with the UN Human Rights Council and Treaty Bodies; encourages cooperation and information sharing among NHRIs, including through an annual meeting and biennial conference; undertakes accreditation of NHRIs in accordance with the Paris Principles; promotes the role of NHRIs within the United Nations and with States and other international agencies; offers capacity building in collaboration with the OHCHR; assists NHRIs under threat and if requested, can assist governments to establish NHRIs.[1]
2. How is it structured? Who are its members?
The key organs, officeholders and staff of the ICC are:
i. the General Meeting;
ii. the ICC Bureau;
iii. the Regional Coordinating Committees;
iv. the Chairperson; and
v. the ICC Geneva Representative
The ICC also has a range of committees and working groups including the Sub-committee on Accreditation (SCA), the Finance Committee and the Working Group on Business and Human Rights. The General Meetings of the ICC, meetings of the ICC Bureau and the Sub-Committee on Accreditation, as well as the International Conferences of the ICC are held under the auspices of, and in cooperation with the OHCHR.[2] The ICC Bureau is responsible for managing the ICC. It is made up of 16 members. In order to ensure a fair balance of regional representation on the ICC, four regional groups were established; these are: Africa, the Americas, Asia-Pacific and Europe. These regional groups each nominate four members accredited with “A” status to serve on the ICC Bureau.[3] Africa is currently represented by the NHRIs of Egypt, Nigeria, Kenya and South Africa.
The ICC Chairperson and the ICC Secretary are members of the ICC Bureau. The positions of ICC Chairperson and Secretary are elected on a geographically rotational basis by the General Meeting. The term of office is non renewable and lasts for three years.[4]
Membership to the ICC is open to all NHRIs which participate in the ICC through their own regional groupings, that is, African, the Americas, European, and Asia Pacific which through their statutes determine eligibility of the NHRIs to join the said network. The ICC accreditation confers international recognition and protection of the NHRI and determines its compliance with the Paris Principles. A status, the highest recognition, grants participation in the work and decision-making of the ICC, as well as the work of the Human Rights Council and other UN mechanisms.
3. How does South Africa participate in the ICC?
South Africa currently participates in the ICC as a member of the ICC Bureau and also through the Regional Coordinating Committee that is the Network of African National Human Rights Institutions (NANHRI) which the South African Human Rights Commission chairs. The Chairperson, Adv. Mabedle Lourence Mushwana as the Chair of NANHRI, thus takes on various roles and activities of the ICC on behalf of Africa. It is in this capacity that he serves on the newly constituted ICC working group on Ageing and is also leading the process of the development of the new ICC Strategic Plan for 2013-2016
4. The Roles and Responsibilities of the ICC Chairperson
The core responsibilities of the ICC Chairperson fall into 3 categories:
a) Provision of strategic leadership-including engagement with the UN framework, advocating for the roles and functions of NHRIs within the UN system; overseeing strategic engagement with OHCHR and other UN bodies as well as strengthening partnership with the UNDP and IOI;
b) organizational management-including agenda setting and chairing of ICC Bureau and General meetings; Giving advice and guidance in engaging with the planning group and Bureau members for the annual ICC International Conference
and
c) administration of the ICC-including procurement of human resources support for and management of Geneva representative; Oversight of financial contracts for service and management of standard of delivery of contracts; Coordinating with the National Institutions and Regional Mechanisms Section (NIRMS) (oversight of the Bureau as well as preparations for general meetings and conferences); management of financial and legal aspects of the ICC in so far as running of quarterly reporting, fund raising and progressing of the ICC’s international and/or tax-free status with Swiss authorities, (done in tandem with the ICC’s Geneva-based legal representative and the Chairperson of the Finance sub-committee).
5. How many nominations has the chairperson received?
In the upcoming leadership succession of the ICC, the Chair of the ICC is due to come to the Africa region.[5] Africa is thus presented with the opportunity for one of its members to serve in the position of the ICC Chairperson for a term of three years; beginning May 2013. The call for nominations for election to this position was issued in August through the Africa Regional Coordinating Committee, NANHRI. To date, the Chairperson of the South African Human Rights Commission Adv. Mushwana has received 4 nominations in support of South Africa taking up this leadership position. These nominations are from Kenya, Uganda, Mauritius and Rwanda. These nominations reflect the confidence that other NHRIs have in South Africa and recognise the important part that it has played in advancing the role of NHRIs both regionally and internationally.
Adv. Mushwana with the support of the Commissioners of the SAHRC has also formally submitted his candidature for consideration for election. The election is due to be held on 4 November 2012 in Amman, Jordan during the ICC Bureau Meeting.
6. What are implications for (a) the country (b) for the Human Rights Commission if chair is elected as chairperson?
a) Implications for the Country
The position of ICC Chairperson is a prestigious international position that will attract attention to South Africa. There will be increased attention given to the country’s human rights track record and its compliance with its international human rights obligations. This may create opportunities not only for the SAHRC but for the country as a while to showcase its human rights successes and share and seek solutions to current challenges.
The country’s support of and willingness to assist the SAHRC would stand the country in good stead at the United Nations and other international and regional forums as it will significantly highlight the importance placed on human rights matters in the country; and the value that South Africa affords to share our human rights experience and expertise. It will also afford the SAHRC to play a prominent leadership role at an international level in the area of human rights thereby strengthening independent human rights mechanism across the globe particularly in developing countries and emerging democracies.
A key role of the ICC, through its Chairperson, is to help national institutions participate effectively in the processes of the new Human Rights Council and to assist national institutions to participate in the Universal Periodic Review (UPR) mechanism, as well as support them to engage with governments and other partner organizations to implement recently adopted international instruments. This work will impact positively on South Africa’s standing and reputation in the field of human rights and regional and international cooperation.
There is also the potential that the SAHRC and South Africa will be called upon to host and/or convene a number of international events in relation to the ICC. This will have a positive impact on the country’s international and regional reputational activities. It will also boost and provide opportunities to the local conference and tourism economy.
Finally, the strength of the ICC comes from building cooperation and collaboration between the four regional groups of NHRIs (Asia Pacific, Africa, Europe and the Americas). The structure of the ICC is premised on regional cooperation and through the ICC Bureau, the SAHRC Chairperson will be provided with a unique opportunity to promote and strengthen inter regional collaboration in the promotion and protection of human rights.
There is both historical and symbolical significance that can be attributed to the NHRI of South Africa being the first in Africa to hold the office of Chairperson of the ICC.
b) Implications for the SAHRC
The SAHRC Chairperson is currently the Chairperson of the Network of African National Human Rights Institutions (NANHRI). This term of office lasts for a period of two years and is due to end in September 2013. During this term of office, the SAHRC Chairperson has been exposed to the workings of the ICC and the importance of its work. It would thus be a natural progression for the Chairperson having served as the Chairperson of the regional NHRI body (NANHRI) to become the Chairperson of the international NHRI body (ICC). It would ensure that the knowledge, skills and experience that have been acquired can be placed at the disposal of the broader international community of NHRIs.
This position will provide a vehicle to enhance the SAHRCs own institutional capacity in the international arena. It would also provide opportunities for learning and growth for SAHRC Commissioners and Secretariat staff members.
The SAHRC currently enjoys the much coveted “A” status with the ICC and is thus well placed to be a candidate for the ICC Chairperson position. Should the SAHRC become the ICC Chair this would positively increase the pressure on the institution to ensure that it retains its “A” status.
The position of ICC Chairperson, whilst is not a full time position in and of itself, is not remunerated, nor are there any allowances provided save for specific official responsibilities.
The SAHRC currently has the necessary institutional framework to house the ICC Chairperson. These include a Research Unit that has a section dedicated to conducting work relating to international activities and obligations arising from international engagements; and staff members who have vast experience in working closely with the UN frameworks including the Human Rights Council, the UN treaty bodies and the OHCHR.
The travel associated with the Chairperson and the related costs arising therewith will be covered by the budget of the ICC. However, the SAHRC would be required to take on additional human resources and incidental expenses associated therewith to assist the Chairperson in carrying out the duties and obligations that the office requires of him. There are thus financial implications to the SAHRC that have to been budgeted for. The SAHRC does not have surplus funds in its current budget and would thus request the Department of Justice and Constitutional Development in collaboration with the Department of International Relations and Coordination to provide these funds to the SAHRC. Estimated costs for this undertaking amount to R2,331,000.00 as reflected below.
A. ENGAGEMENT WITH THE UN FRAMEWORKActivity / GENEVA TRIPS
Cost Drivers / HUMAN RIGHTS COUNCILS X 3 / TREARY BODIES / EXPERT MECHANISMS
Flight / 84,000.00 / 28,000.00 / 28,000.00
Accommodation / 21,000.00 / 7,000.00 / 7,000.00
105,000.00 / 35,000.00 / 35,000.00 / 175,000.00
NEW YORK TRIPS X 2
Flight / 96,000.00
Accommodation / 14,000.00
110,000.00
B. ICC MEETINGS
Activity / GENEVA TRIPS
Cost Drivers / ICC BUREAU MEETINGS X 2 / ICC ANNUAL MEETING / INTERNATIONAL CONFERENCE
Flight / 144,000.00 / 170,000.00 / 255,000.00
Accommodation / 28,000.00 / 28,000.00 / 42,000.00
172,000.00 / 198,000.00 / 297,000.00 / 667,000.00
Total travelling costs / 1,904,000.00
Salary costs of Administrative Assistant / 122,000.00
Additional Administrative Costs
Communication costs / 180,000.00
Office Stationery / 125,000.00
305,000.00 / 305,000.00
TOTAL COSTS PER ANNUM / 2,331,000.00
Presentation to Portfolio Committee on Justice & Constitutional Development
10 October 2012 Page 7
[1] Information obtained at OHCHR, NHRI Homepage http://www.ohchr.org/en/countries/nhri/pages/nhrimain.aspx (browsed on 2 October 2012)
[2] Information obtained at OHCHR, NHRI Homepage http://www.ohchr.org/en/countries/nhri/pages/nhrimain.aspx (browsed on 29 May 2012)
[3] ICC Statute, article 43
[4] Ibid Article44,
[5] The Chair is rotated between the Americas, Asia Pacific, Africa and Europe (ICC Statute Article 45 sets out the rotational basis). Currently the Chairpersons of the New Zealand Human Rights Commission, a member of the Asia Pacific region holds the ICC Chair.