INTERNATIONAL COORDINATING COMMITTEE OF
NATIONAL INSTITUTIONS FOR THE PROMOTION AND
PROTECTION OF HUMAN RIGHTS (ICC)
ICC Progress Report
1 January 2014 - 30 June 2014
Introduction
This ICC Progress Report will cover the first two quarters of ICC activities during 2014.
Purpose of the report
It is the first ICC Progress Report that reports against the new 3 year ICC Strategic Plan and Implementation Plan, 2014 - 2016. The report sets out the ICCs’ activities during this period, thereby laying the basis to monitor and evaluate the implementation of the ICC Strategic Plan and Implementation Plan.
1. The ICC Progress Report will seek to reflect on the Record of Decisions and the extent to which these decisions have been implemented.
2. The ICC Progress Report will identify highlights and challenges that will in turn identify further matters for discussion at the upcoming Meeting to be held on 16 and 17 October 2014 in Johannesburg, South Africa.
3. Finally, the ICC Chairperson intends ensuring that at the end of 2014, the ICC produces its first annual report. This ICC Progress Report will lay the basis and provide content for the ICC annual report.
STRATEGIC GOAL 1 - Enhancing ICC engagement with international and regional human rights mechanisms to strengthen awareness raising about the ICC and NHRIs
1. UN engagement at Geneva
The training for NHRIs, which took place in Geneva from 5 to 9 May 2014 was a definite success and a highlight during this period.
The increased efforts in outreach to NHRIs from all regions regarding their engagement with the Human Rights Council yielded positive results seen in the increased engagement of NHRIs with the HRC and positive feedback that was received.
§ Other independent bodies wishing to participate on NHRI basis in Human Rights Council
In February 2014, the ICC had another experience of an independent body, that is not the A-status recognised NHRI from a country (France), wanting to participate in Human Rights Council processes as a NHRI. The ICC Bureau should discuss this matter at its next bureau meeting, and consider making a clear statement that can be distributed to all ICC members and be available on the ICC website. This matter is becoming increasingly important due to the establishment of independent mechanisms by various treaty bodies, such as CAT and CRPD and with the CED also considering recognition of other independent bodies. This should assist in these matters being dealt with at the international level when it is preferable that they are dealt with at the domestic level.
§ Participation by NHRIs at the Human Rights Council, which gives rise to criticism
During the period under review, there was one incident where an A-status NHRI made a statement before the Human Rights Council, which resulted in concerns being raised about the NHRIs independence. Such occurrences, pose a risk to the ICC as it may raise doubts about the integrity of the ICC accreditation process. It may be necessary to consider an internal protocol on how to deal with such incidents in future.
§ Accreditation of NHRIs to the Human Rights Council during the ICC annual General Meeting.
In preparation for ICC 27, it was noted that only those NHRIs that requested accreditation to the Human Rights Council received such accreditation. The ICC would prefer that in future all NHRIs that attend the ICC annual General Meeting are provided with accreditation to the Human Rights Council.
§ Exciting developments in the area of NHRIs and disability
Over the reporting period, there have been important developments on NHRIs and disabilities. This has included the ICCs engagement with COSP (see information under UN engagement in New York), cooperation with the CRPD Committee in Geneva, and the APF commissioned study on NHRIs and disability. Preparation is underway for a meeting between the CRPD Committee and NHRIs in September 2014. This will be a significant meeting as it has the potential to lead to a process whereby interaction between the committee and NHRIs may become more formalised.
There is significant work that the ICC ought to be engaging in the area of disability. At the meeting held on the side of COSP in New York in June 2014, it was generally agreed that there is a need to speed up the process of appointing an ICC mechanism that could assist in coordinating these area of work. The upcoming meeting in September, between the CRPD and NHRIs will be another important opportunity for the ICC and NHRIs to reflect on the needs of members in this area and how this could be addressed.
2. UN engagement in New York
The ICC Mission to New York and advice received during the mission illustrated opportunities and challenges for NHRI engagement at the New York-level. Key partners including: UNDP; the Assistant Secretary-General at the OHCHR; NGOs; as well as States have pledged their support for a more active involvement of NHRIs in New York-based UN mechanisms. However, limited progress in the area of participation rights in key mechanisms and processes is being realised. For example, the ICC is yet to receive formally recognised participation rights in the UN Open ended Working Group on Ageing. In addition, it is of utmost importance that the ICC and NHRIs engage with these mechanisms in the lead up to the 2015 General Assembly Resolution on NHRIs and the related Secretary General’s report. For any meaningful engagement, the ICC will have to consider developing a strategic engagement and advocacy plan. This needs to be paired with the necessary human and financial resources to develop, implement and monitor such plan. In terms of advocacy, one may consider the possibility of sending a representative to New York for a pre-determined period to undertake advocacy activities on behalf of the ICC. Further cooperation opportunities including with UNDP, OHCHR, States and NGOs should also be explored in this regard.
STRATEGIC GOAL 2 - Build partnerships and engage external stakeholders
1. Outreach to partners
During this period, the OHCHR released its Strategic Management Plan for 2014 to 2017, which has subsequently been shared with the ICC membership by circulation thereof to the respective regional coordinators. Of note is the following:
In relation to monitoring and evaluation of the OHCHR Strategic Management Plan, in 2014 the OHCHR will undertake:
“A strategic evaluation of OHCHR’s support to national human rights institutions (NHRIs)…… OHCHR has conducted work in this area for many years. The International Coordinating Committee of NHRIs was created in 1993 and OHCHR functions as its Secretariat. The Office has invested considerable resources over a substantial period of time on the issue of the establishment and functioning of NHRIs and there is a need to assess the impact and relevance of its work.”
It would be good to engage with OHCHR concerning the upcoming assessment and the manner in which the ICC can be involved.
Navi Pillay's term as High Commissioner will come to an end on 31August 2014 with the designate High Commissioner Zeid Ra’ad Al Hussein starting his term on 1 September 2014. This will provide an opportunity for renewed focus on OHCHR-ICC/NHRI cooperation, particularly as OHCHR moves to implement its Strategic Management Plan and will be conducting its strategic assessment on its current work on NHRIs
2. Outreach to key stakeholders
§ ICC – IOI memorandum of understanding
The ICC Bureau requested the ICC Chair to continue engaging with the IOI in order to obtain a draft MoU to be presented at the next meeting. (ICC Bureau, Record of Decision March 2014). This matter will be discussed at the upcoming ICC Bureau Meeting.
3. Outreach to Regional Coordinating Committees
The ICC Chair’s Office through its staff in Geneva and South Africa continued to engage regularly with the Regional Coordinating Committees including requests for assistance from NHRIs in need, development and coordination of ICC statements and comments on important issues at the Human Rights Council and with treaty bodies, membership fees and dissemination of information from the ICC.
STRATEGIC GOAL 3 - Maintain and strengthen ICC accreditation processes (additional information to be supplemented by the ICC Subcommittee on Accreditation (SCA))
1. NHRI preparation assistance
It has been identified that there is a need for further discussions on the clarification of roles in terms of how the ICC provides assistance to NHRIs that are preparing for the accreditation process.
2. SCA meetings
This meeting took place as scheduled and the report is available on the ICC website.
§ ICC statute amendments
The ICC bureau will have a further opportunity at its October 2014 meeting to reflect on the ongoing matter of possible ICC statutory amendments. This would be in line with the Record of Decision taken in March 2014, which stated as follows:
“The ICC Bureau decided to invite the ICC SCA to further reflect, at its next meeting in March 2014 in Geneva, on the proposal for ICC statute amendments, including on the concerns raised as a result of regional consultations on the proposal, and to submit a recommendation to the next meeting.”
There is a need for the ICC Bureau to engage with the draft note that was prepared by the ICC Chair’s office on accreditation matters. It needs to be determined how these matters will be dealt with going forward. (The draft note is attached as an Annexure)
3. Development of General Observations
This aspect of the ICC Implementation Plan requires discussion during the review of the ICC Implementation Plan at the upcoming ICC Bureau Meeting.
4. Accreditation Awareness Raising
This is an ongoing process and responsibility of everyone involved with the ICC. Further strategies and tactics needs to be developed during the Bureau meeting in order to avoid and minimise confusion, as is currently unfolding where some NHRIs are even threatening to withdraw their ICC membership.
5. Monitoring
As stated above, further progress in this area requires discussion by the ICC Subcommittee on Accreditation, and the ICC Bureau in order to determine the feasibility of establishing a formal monitoring mechanism.
STRATEGIC GOAL 4 - To develop a sustainable and well managed ICC
1. ICC meetings
§ ICC conference 2015
There is a need at the upcoming ICC Bureau Meeting to discuss next year’s ICC Conference.
2. Membership
The Administration of issuing invoices, receiving payments, issuing receipts and conducting follow up is an area of work that requires dedicated administrative support in order to ensure that subscriptions are paid and records are kept up-to-date. Each quarter, a report is delivered to the ICC Finance Subcommittee.
The ICC Chair’s Office has become aware that there is a need to develop a Statement of Membership distinct from the Membership Fees statements. This is required by some members at a domestic level where in some cases payment for subscription fees is dependent on the production of a Membership Statement.
As advised by the auditors, the ICC needs to develop and issue when appropriate a Credit Note for those NHRIs that are granted waivers.
The ICC Chair’s Office still intends to conduct an internal audit of previous year’s membership fees to verify outstanding membership fees.
3. Finances
The ICC received a clean audit for the year 2013. This audit was received on 1 April 2014 and will be formally adopted at the next ICC annual General Meeting.
The current ICC’s accountant, Gabriel Revaz’s contract comes to an end on 31 December 2014. The current contract for services indicates that there must be a review of the contract. Additional information will be provided during the discussion of this matter at the upcoming ICC Bureau Meeting.
There is still an ongoing need for the ICC Chair’s Office in conjunction with the ICC Finance Subcommittee to continue working on a review of the ICC Financial Procedures and determine where these may be strengthened.
By 30 June 2014, the ICC Chair still needed to send a letter to the Government of Nicaragua to sensitize them about the need that the NHRI is granted a budget sufficient enough for the NHRI to fulfil its functions and international commitments. This was a decision of the ICC Bureau in March 2014.
The 2015 draft ICC Budget is due to be presented at the upcoming ICC Bureau Meeting.
Financial assistance was provided to some Regional Chairs and Coordinators in order that they could attend the ICC Mission to New York in June 2013. The sustainability of providing such financial assistance requires serious attention going forward. This matter will be placed on the agenda for the upcoming ICC Bureau Meeting.
4. Fundraising
The ICC Implementation Plan requires that an ICC Fundraising Task Team be established. Currently there are a number of key role players within the ICC that are involved in fundraising. There is thus a need to formalise the current informal arrangement. This matter will be dealt with at the upcoming ICC Bureau Meeting.
5. Human resources
§ Capacity at Geneva office
An exciting development that took place during this period was the completion of the recruitment process for an assistant employee for the ICC Head Office in Geneva.
The ever-increasing recognition of the ICC and NHRIs inevitably results in additional opportunities and expectations for engagement at an international level. There is also the increasing number of NHRIs that are being established around the world. There is enormous potential for greater outreach work to be done with NHRIs through the ICC’s Head Office in Geneva. However capacity is limited to 2 staff members. This is wholly dependent however, upon the capacity of the ICC to find the resources to employ additional staff. One way which should be seriously considered is providing internship and fellowship opportunities for young graduates. Any further actions that are taken will necessitate and require a consideration of the capacity of the ICC to manage additional staff and the resultant obligations and increased organisational complexity that would accompany this.
§ Capacity in ICC Chairpersons office
It should be noted, that the ICC Chairperson is currently supported by two dedicated South African Human Rights Commission (SAHRC)staff members, namely the ICC Liaison Officer and a deputy ICC Liaison Officer whose salaries are paid by the SAHRC. In addition, the infrastructure and staff members of the SAHRC on an ad hoc basis support the work of the ICC Chairperson and staff in his office. The ICC is a growing organisation with many matters that require attention. This work is only going to increase and the ICC needs to determine how it will respond to the increasing staffing needs.