CONCEPT NOTE

“CURRENT CHALLENGES TO HUMAN RIGHTS PROTECTION”

ICC 29 ANNUAL CONFERENCE

HELD IN CONJUNCTION WITH THE ANNUAL GENERAL MEETING OFTHE

INTERNATIONAL COORDINATING COMMITTEE OF NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS (ICC)

23 March 2016

Room XIX, Palais des Nations, Geneva, Switzerland

I.  Introduction

The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) in cooperation with the Office of the High Commissioner for Human Rights (OHCHR) will host a one-day Conference at its 29th annual General Meeting.

ICC General Meetings provide an annual platform for National Human Rights Institutions (NHRIs) from all regions to come together with their partners from the United Nations and civil society. During this gathering NHRIs discuss, share experiences and identify effective approaches and means through which NHRIs individually and collectively through their networks and in line with their unique mandates and functions can play a relevant role in strengthening human rights.

Following consultations with NHRIs in all four regions, it was agreed that this year's General Meeting will include a focus on the human rights challenges related to the current conflicts around the globe, the impact of violent extremism and terrorism and the massive displacement of people.

II.  Context

During the past year there has been an increased intensity in the humanitarian crises resulting from various conflicts. The displacement of persons has reached levels never experienced before. Desperate refugees and migrants across regions risk their lives to flee from poverty, oppression and conflict. Their vulnerability is exacerbated by the proliferation of xenophobic narratives and hate speech which are emerging in some countries of transit and destination both at the political and civil society levels.

The displacement is to a large extent generated by armed conflicts in various regions and takes place against the backdrop of a global context marked by violent extremism and growing economic inequalities in all societies. The lives of millions of people are devastatingly affected and the enormous impact is seen at all levels both socially and economically in the countries of origin, transit and destination.

Human rights violations in their multi-faceted forms play a major role in generating or aggravating most of today’s crises. They are often both causes for, and consequences of, crisis. Conversely, the impact of the current global challenges on the lives of millions of people worldwide highlights the urgent need for more effective, robust human-rights based approaches in line with universal human rights obligations and standards in order to respond to the current global challenges.

NHRIs across the globe are examining what their response ought to be – both individually and collectively through their global alliance of NHRIs – to today's complex and pressing challenges to human security and peace, exploring their root causes, interdependencies, and impact on human rights.

As independent institutions of accountability with a broad human rights mandate, NHRIs work to ensure that international human rights norms and standards are respected, promoted and implemented at national and local levels. In line with their mandates under the Paris Principles, NHRIs’ functions regularly encompass monitoring, investigations and complaints-handling; reporting on national situations; advising the State and engaging with the wider public and communities; and reporting on the human rights situation, including to United Nations and regional human rights mechanisms.

Therefore in the current global context and its impact on the human rights of people worldwide, the role of effective and independent national human rights institutions in promoting human rights-centred responses is ever more relevant. Yet at the same time, NHRIs operating in situation of crises and conflicts often face particular challenges and risks for instance being subjected to reprisals and other acts of intimidation.

The Seoul Declaration and Santa Cruz Declaration adopted by NHRIs following the 7th and 8th International ICC Conferences set out practical steps for NHRIs to undertake in relation to upholding human rights during conflict and while countering terrorism; and the human rights of migrants, respectively. Adopted as early as 2004 and 2006 respectively, these declarations continue to be highly relevant in light of today's context.

More recently, the Kyiv Declaration on the Role of NHRIs in Conflict and Post-Conflict situations, which was adopted in October 2015, outlines the actual and potential role of NHRIs in promoting and protecting human rights in conflict and post-conflict situations, including in relation to monitoring, serving as prevention or early warning mechanism, reporting on violations, and cooperating with and through the global and regional networks of NHRIs.

At the United Nations levels, the Secretary-General's Human Rights Up Front Initiative heralds a new approach to ensure that the UN system takes early and effective action to prevent, or respond to, large-scale violations of human rights or international humanitarian law. As independent institutions of accountability with a mandate to monitor the human rights situation on the ground, NHRIs are becoming recognised as important actors and early warning mechanisms by providing the UN and its relevant mechanisms with credible and authoritative information about national human rights situations on the ground that require attention.

In his Plan of Action to Prevent Violent Extremism (A/70/674 of 24 December 2015), the Secretary-General recommends that Member States “implement Security Council resolution 1624 (2005), promoting a comprehensive approach to incitement and violent extremism, and the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4, appendix), involving all relevant actors, such as national human rights institutions, civil society, political parties and the media”.

These discussions take place against the backdrop of the recently adopted NHRI resolution by the United Nations General Assembly in December 2015. The resolution recognises the added value of the unique contributions that NHRIs can bring to the work of the United Nations and calls on all UN bodies, processes and agencies to enhance the participation of Paris Principles compliant NHRIs to their work. The resolution also recognises that NHRIs should not be subject to any form of reprisal or intimidation when carrying out their mandated activities.

III.  Objectives

The overall objective of the Conference will be to identify areas of cooperation among NHRIs and other actors, and explore pathways for the ICC and regional NHRI networks to work together with partners including the OHCHR and UNDP to support NHRIs’ to build their capacities in order to effectively address these current global human rights challenges.

In particular the objectives will be to:

1.  Discuss NHRI experiences, approaches to, and challenges in operating in situations of conflict and post-conflict, taking into consideration the Kyiv Declaration and the Secretary-General's Human Rights Up Front Initiative;

2.  Discuss NHRIs experiences, approaches to, and challenges in developing human-rights based approaches to the current massive displacement of people, involving asylum-seekers, refugees and migrants, and States' responses thereto;

3.  Discuss NHRI experiences, approaches to, and challenges in developing human rights-based approaches to violent extremism, racism and xenophobia, and hate speech and States' responses thereto;

IV.  Sub-themes

Flowing from the above Objectives, the Conference will have three (3) sub-themes. These are:

1.  The role of NHRIs in conflict and post conflict situations

Purpose: To identify challenges that NHRIs face in conflict and post-conflict situations; to identify the roles that international & regional mechanisms and other key actors can play to support NHRIs in conflict and post-conflict situations and to share experiences and good practices.

2.  Refugees, asylum seekers, migrants, displaced persons and the role of NHRIs

Purpose: To identify the role that NHRIs can play in addressing the challenges to human rights caused by massive displacement of people, to share experiences and good practices, and to develop ideas for joint responses (by NHRIs and with other global actors).

3.  Adopting a human-rights-based approach to confronting intolerance, racism and xenophobia

Purpose: To identify ways through which NHRIs can effectively address intolerance and violent extremism, incitement to hatred and violence, racism and xenophobia and to share experiences and good practices in order to identify opportunities for collaboration among NHRIs and with key partners.

The Conference will include a Knowledge Fair which is a face to face event in which participants set up displays to share their work. The objective is to:

§  Provide opportunities for NHRIs and others to share their experiences, achievements, and lessons

§  Facilitate face to face networking and promote peer exchange on common agendas.

§  Help people benefit from each other's experiences.

§  Stimulate interest in future peer to peer collaboration and the development of new programs.

V.  Expected Outcomes

A final outcome Statement of NHRIs will be developed and adopted by NHRIs at the end of the Conference which will serve as a clear reference point and guide for NHRIs. It will be shared with States, UN agencies and bodies, civil society and other relevant stakeholders. The Statement will set out NHRIs' roles, strategy and actions in addressing the current human rights challenges. In addition, a summary of the deliberations will be prepared and made available to all participants, including on the ICC webpage.

VI.  Participation

The Conference format will provide for multi-stakeholder panel discussions, two minute NHRI statements followed by open and interactive debates.

NHRIs from all regions, as well as the OHCHR, UNDP, the International Ombudsman Institute, UN member states, representatives from UN mechanisms, intergovernmental organisations, and non-governmental organisations will be invited to participate.

Simultaneous interpretation to and from all ICC working languages – Arabic, English, French and Spanish – will be provided.

Background documents

§  ICC Seoul Declaration on upholding human rights during conflict and while countering terrorism, 2004

§  Santa Cruz Declaration on the Role of NHRIs in dealing with Migration, 2006,

§  The Kyiv Declaration on the Role of National Human Rights Institutions in Conflict and Post-Conflict Situations , 2015

§  Human Rights Up Front Initiative

§  Belgrade Declaration, Declaration on the Protection and Promotion of the Rights of Refugees and Migrants, 2015

§  General Assembly resolution on NHRIs, 2016

§  Secretary-General’s Plan of Action to Prevent Violent Extremism, 2016

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