Concluding remarks at the Human Rights Council intersessional consultation with National Human Rights Institutions on their experiences
and practices to support the implementation of the 2030 Agenda
Birgitte Feiring, Department Director, Danish Institute for Human Rights, 7
thMarch, 2019
First of all thank, I wish to thank Australia for tabling resolution 39/17 of the Human Rights Council, which requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to convene this intersessional half-day consultation with National Human Rights Institutions (NHRIs). Likewise, we are grateful that the meeting has been organised in close coordination with the Global Alliance of National Human Rights Institutions (GANHRI),
The consultation has provided a unique opportunity to exchange experiences and practices of NHRIs in supporting the establishment and maintenance of inclusive societies and the implementation of the 2030 Agenda. It has been a tremendously interesting, inspiring and reassuring morning, listening to interventions from, governments, UN agencies and, primarily, form NHRIs.
This brief summary will not pay justice to everything that was said and shared; that will no doubt be better captured in the report that will be put forward to the 41st session of the HRC by OHCHR. Nonetheless, I will try to summarise and point to some key observations that emerged from today’s consultation.
Relevance of the NHRI mandate to the2030 Agenda
First and foremost, the meeting has reaffirmed the match between the NHRI mandate and the 2030 Agenda for Sustainable Development.
When the 2030 Agenda was adopted in September 2015, NHRIs through GANHRI, were among the first institutions to explore how their mandate would apply to the commitments, promises and challenges embedded in the SDGs. The 12th International Conference of NHRIs in October 2015 led to the adoption of the Mérida Declaration1, which establishes the principles and the foundation for NHRI engagement in the implementation of the 2030 Agenda. It also reflects the ability, willingness and commitment of NHRIs to embrace new opportunities for the protection and promotion of human rights.
The reason why NHRIs adopted the Mérida Declaration is simple and stated in the preamble of the 2030 Agenda: the SDGs “seek to realise human rights of all”.
Human rights and sustainable development are interrelated, interdependent and mutually reinforcing.
More than 90% of SDG targets reflect provisions of international human rights and labour standards2.
1
https://nhri.ohchr.org/EN/ICC/InternationalConference/12IC/Background%20Information/Merida%20Declaration%20 FINAL.pdf
2 See http://sdg.humanrights.dk/
Consequently, there can be no sustainable development without human rights - and the realisation of human rights of all rests upon our ability to pursue a sustainable development path.
There is a fine and fruitful complementarity between the human rights-system and the 2030 Agenda:
• The SDGs come with political commitment, drive, time-bound targets and indicators but are weak in accountability mechanisms. The human rights-system has the binding standards, mechanisms and institutions for inclusive implementation and systematised monitoring.
• The 2030 Agenda explicitly states that follow-up and review should build on existing mechanisms.
NHRIs constitute one such mechanism - with the mandate to protect and promote human rights at the national level, where implementation matters. As highlighted by the Australian Ambassador; even when states are not comfortable with the observations and recommendations of their NHRI, they know they are important.
• The 2030 Agenda is a comprehensive framework, which reflects the full range of civil, political,
economic, social and cultural rights. It therefore has strong correspondence with the broad priorities of NHRIs, reflected all human rights, as reflected in their daily work but also in e.g. the GANHRI Edinburg Declaration on business and human rights; in the Marrakesh Declaration on Human Rights Defenders, the recent statement on the role of NHRIs in the implementation, follow-up and review of the Global Compact for Migration, and work on older people and persons with disabilities.
This complementarity was strongly reaffirmed at the recent Human Rights Council Inter-sessional meeting on human rights and the 2030 Agenda3, which also emphasised that the challenge now is the
operationalisation of the synergies.
The Mérida Declaration, outlines how NHRIs can use their key functions in the context of the 2030 Agenda.
Hence, there is no need to reinvent the NHRI mandate or functions; what they already do when using their mandate to monitor and report; to advise governments; to facilitate access to justice, redress and remedy;
to foster dialogue and participation, is already a direct contribution to sustainable development.
NHRIs contribution across their mandated areas
Today we have heard how individual NHRIs, their regional networks and the Global Alliance of NHRIs (GANHRI) has worked over the past 3 ½ years, to fulfil the Mérida Declaration and help achieve SDGs.
The presentations and statements bear witness that NHRIs are serious partners with invaluable contributions to the realisation of the SDGs.
Using monitoring activities to further sustainable development
NHRIs in all regions are offering their systematic, reliable and qualitative analysis of the national human rights situation, and presenting reports and recommendations to guide SDG implementation. Some get directly involved in planning, others are following-up on the Voluntary National Reports presented by their country to the High-Level Political Forum (HLPF).
3 See: https://www.ohchr.org/EN/HRBodies/HRC/Pages/IntersessionalMeeting2030Agenda.aspx
Another way that NHRIs are contributing is by linking their reporting to international human rights mechanisms to SDGs – and by linking the recommendations of these mechanisms to the SDGs4. Thereby, they bridge the international-domestic levels, and contribute to coherence and efficiency in
implementation, reporting and monitoring. Finally, we heard the experience of Argentina in reporting directly to the HLPF.
Leaving no one behind
The 2030 Agenda comes with the pledge to ‘leave no one behind’. We heard that the word “all” is reflected around 300 times in the Agenda, emphasising the universality of the ambition, to ensure human rights and sustainable development for all. Yet, contrary to the promise, we are also witnessing growing inequalities.
We heard consistently from NHRIs how they work to overcome discrimination and we learned from experiences to ensure inclusion for undocumented persons, women, single mothers, indigenous peoples, urban poor, refugees, LGBTI persons and persons with disabilities, among others. The Mexican NHRI has developed an atalas of inequality in 5000 municipalities.
We heard specific references to experiences of NHRIs monitoring national budgets, and providing recommendations to ensure sufficient budgets for SDG implementation, aligned with human rights priorities.
Advisory function
A number of NHRIs are using their advisory function and participating in established SDG Councils and advisory bodies. Others are using this function to insist that government include SDGs and human rights priorities in national development plans.
Participation
The 2030 Agenda is a plan of action for the “five Ps”: people, planet, prosperity, peace, and partnership.
However, NHRIs consistently push for the sixth P – for participation. The Agenda is by definition a multi- stakeholder platform, and provide a common language for CSOs, national and local government,
indigenous peoples, businesses etc. IN all parts of the world, NHRIs are using their convening role to bring government and civil society together in dialogue for sustainable development and human rights.
Data and indicators
The focus on indicators and data for sustainable development has also inspired actions by NHRIs in all parts of the world. The global SDG indicators are seen by NHRIs as a useful measurement of government policies, but many countries face a severe data gap. E.g. in Albania, the National Statistical Office (NSO) can only monitor 32 % of the global indicators. Moreover, most SDG indicators are oriented towards the
measurement of long-term outcome, and are weak in measuring the structural and process-oriented changes and actions required. NHRIs are uniquely placed to provide complementary information about these aspects.
Further, a number of NHRIs have initiated collaboration with NSOs on SDG monitoring, including in areas such as health and violence against women. This not only helps close the data gap, but also inspires NHRIs to adopt new working methods, including indicator-based monitoring.
4 See the DG-Human Rights Data Explore developed by the Danish Institute for Human Rights, which link all recommendations of the Universal Periodic Review, treaty bodies and HRC Special Procedures to the SDGs http://sdgdata.humanrights.dk/
OHCHR is the custodian agency for some of the global SDG indicators of crucial importance for human rights, including indicators relating to targets 10.3 and 16.b (on discriminatory legislation), and target 16.10 on fundamental rights and freedoms, including the situation of human rights defenders. OHCHR is
providing technical assistance to build capacity of NHRIs to be reliable data providers on some of these targets; to identify groups at risk and point out relevant grounds for disaggregation of data, and to; ensure a human rights-based approach to data (HRBAD) by upholding principles of participation, inclusion, self- identification and privacy.
Finally, many NHRIs are using the numerous complaints r they receive as data sources to unveil patterns of discrimination and systemic challenges that need to be overcome
NHRIs as indicators of Sustainable Development
SDG 16 on peace, justice and strong institutions constitute an innovation, which underlines that there can be no sustainable development without adequate governance, space for civil society, fundamental freedoms and participation.
For NHRIs it is an enormous recognition that the existence of an A-status NHRI, independent and compliant with the Paris Principles, is one of the global indicators for SDG 16. This speaks loudly about the
contribution of NHRIs, which – beyond being indicators of good governance institutional accountability – are also accelerators and guarantors of sustainable development across the Agenda 2030.
The NHRI indicator under SDG 16 also reflects commitment made by states under the human rights system;
almost all states have accepted recommendations under the Universal Periodic Review (UPR) of the Human Rights Council to establish or strengthen NHRIs fully compliant with Paris Principles.
However, despite these firm commitments, by the end of 2018, only 76 UN Member states had a NHRI with A-status accreditation, accounting for approximately 39% UN Member States
Following the trend of new establishments as well as up and down-gradings, only 54% of UN member states will have an A-status NHRI by 2030. Unfortunately, continuing this pace, means that it will not be before 2067 that all UN member states will have an A-status NHRI.
In conclusion, there is a need to establish a clear plan to reach the required progress by 2030. GANHRI stands ready to fully support such a plan.
Collaboration among NHRIs
In connection with the adoption of the Mérida Declaration, GANHRI established a Working Group on Sustainable Development, comprising members of its four regional networks. The Working Group focuses on capacity-building, documentation and sharing of experiences, tools development, engagement in regional SD Forums and in HLPF, and engaging in partnerships such as the SDG 16 Alliance facilitated by the United National Development Programme (UNDP), among others.
Likewise, the Network of African NHRIs (NANHRI) has convened its members and adopted the Kigali Declaration and Plan of Action on the 2030 Agenda for Sustainable Development and the African Agenda 2063 and the role of NHRIs. The Kigali Declaration contextualises the Mérida Declaration to the African region; and form the basis of a NANHRI Working Group on sustainable development. The Working Group documents good practices and experiences of its members with regards to the SDGs, engages in the
Regional Sustainable Development Forum under the UN Economic Commission for Africa (ECA) and facilitates capacity-building and sharing.
Also the European Network of NHRIs (ENNHRI) has established a working Group on sustainable
development. One key activities in 2019 is a study on poverty measurement across the European region, and engagement with the Regional Sustainable Development Forum under the UN Economic Commission for Europe (UNECE).
In the Americas, the regional network is engaging with the Economic Commission for Latin America and the Caribbean (ECLAC) on regional engagement. Moreover, individual NHRIs in the region have taken important step to further SDG implementation nationally, and sharing experiences, including the NHRIs of Argentina and Mexico. In the Asia-Pacific region, the Indonesian NHRI is heading regional efforts, and have planned engagement with the Regional Sustainable Development Forum under the Economic Commission for Asia and the Pacific (ESCAP), and planned for regional capacity-building.
The experiences shared highlighted the invaluable contribution of peer-to-peer learning, and confirmed the power of partnerships among NHRIs.
Partnerships, dialogue, multi-stakeholder action
The dialogue brought out numerous examples of NHRIs taking innovative approaches and initiatives, to contribute to the realisation of SDGs and human rights. Such initiatives comprised contractual
arrangements in Argentina to tie the action of state-owned companies to the UN Guiding Principles on Human Rights and Business; the shaping of a SDG Zero in Palestine to contextualise the other 17 SDGs to the situation of the Occupied Palestinian Territory; the shaping of new state policies based on a study of human rights and natural disasters; the monitoring of democratic elections, and the decoration of the office of the Albanian office with the SDG icons, to remind staff and visitors of the inter-connection.
Challenges
The deliberations overall reaffirmed the relevance of human rights and the NHRI mandate for the entire 2030 Agenda, as well as the serious commitment and contribution of NHRIs to SDG implementation and monitoring.
However, participants also recalled that this is happening at a time with shrinking space for civil society, with growing inequalities, climate crisis and impunity for human rights violations, in many parts of the world. It is challenging times for those working on human rights and sustainable development in many parts of the world, including for NHRIs. Holding states, companies and others accountable for their obligations and commitments is as important as ever before. Realising and operationalising the mutually reinforcing nature of sustainable development and human rights should make NHRIs stronger, expand our partnerships and our opportunities.
The meeting also confirmed that NHRIs cannot just act within the HURI system. They need to reach out, to ministries of finance, energy, fisheries, to NSOs. This implies that they may come out of their comfort zone, and operate among actors who have little knowledge about NHRIs and their mandate, role and potential.
Likewise, NHRIs need to build capacity to address emerging and contemporary human rights and
sustainable development challenges that are making themselves ever more present, such as climate change and privacy in a digitalised era. This requires capacity-building, resources and dialogue.
Finally, many participants underlined that the unique NHRI mandate is still not fully known and understood outside of human rights-system. This, among other challenges, implies a direct barrier to the full
participation of NHRIs in the deliberations and processes pertaining to the 2030 Agenda. This barrier need to be broken down, to ensure that NHRIs have a seat at the table. One of the key challenges in this regard it to communicate more effectively about the role and potential of NHRIs to have a catalytic effect on the 2030 Agenda.
Recommendations
While it is impossible to sum up the rich discussions and ideas presented by participants, I will offer just a few recommendations that were forcefully brought up by numerous participants:
We need to build on and further maximise the benefits of NHRI expertise, information and
recommendations to guide sustainable development efforts, including the contextualisation of strategies and indicators, and identification of vulnerable groups at local and national levels.
This requires partnerships and alliances. The Tripartite Partnership between GANHRI, UNDP and OHCHR is a key opportunity to overcome the false dichotomy between human rights and development, and translate this key alliance into action at the national level. Likewise, we need to also explore other partnerships, including with other UN agencies such as UNESCO, with networks of rights-holders such as women, indigenous peoples, persons with disabilities, with civil society and with governments.
A particular concern was raised about global and transboundary issues with significant impact on human rights, such as climate change. A concrete recommendation in that regard is the establishment of inter- NHRI panels for joint inquiries, including the joint collection of data and investigations.
We need to strengthen and establish partnerships between NSOs and NHRIs for data collection,
information and guidance, as well as democratic access to information, with priority for groups of rights- holders at risk of being left behind.
Importantly, we need concerted efforts and substantial progress to ensure that all 197 UN member states by 2030 reach the global SDG 16 indicator, to have an NHRI compliant with Paris Principles, which will have a catalytic effect on sustainable development. GANHRI stands ready to contribute to such efforts, including through the Tripartite Partnership with OHCHR and UNDP.
Another key issue is to ensure access rights for NHRIs in processes pertaining to the 2030 Agenda, including the right to submit information. There are already several resolutions from UN General Assembly and the Human Rights Council calling for strengthened participation of NHRIs in SDG-related processes, including at the HLPF. However, so far, these resolutions have not resolved the practical barrier of ensuring access rights. It was emphasised that 2019 with the envisaged review of HLPF working modalities, is a crucial year for again raising the issue of NHRI participation.
Finally, it is necessary to provide the necessary support and resources, including for capacity-building, for NHRIs to fully contribute to the 2030 Agenda. So far, most work undertaken has built on NHRIs’ existing resources. While we try to be as smart and efficient as possible, it is inevitably, as we expand our
engagement and contribution to 2030 Agenda, that we need resources to ensure sustainability of efforts and engagement.
