STANDARD TWINNING PROJECT FICHE
1. Basic Information
1.1 Programme: ENP, National Action Programme 2007
1.2 Twinning Number: AM08/ENP-PCA/JH/02
1.3 Title: "Support to the Office of the Human Rights Defender of the Republic of Armenia"
1.4 Sector: Human Rights and Rule of Law
1.5 Beneficiary country: Republic of Armenia
2. Objectives
2.1 Overall Objective(s):
To contribute to the protection and promotion of human rights and the rule of law in the Republic of Armenia
2.2 Project purpose:
To support the technical and organizational capacity of the Office of the Human Rights Defender of the Republic of Armenia to protect and promote human rights and fundamental freedoms and its development as an independent national human rights institution in full accordance with the Paris Principles relating to national human rights institutions.
2.3 Contribution to National Development Plan/Cooperation agreement/Association Agreement/Action Plan
As a response to the new geopolitical situation following its enlargement in May 2004, the European Union (EU) has adopted a new framework for relations with its neighbours, the European Neighbourhood Policy (ENP). The ENP aims to go beyond the existing Partnership and Co-operation Agreements to offer neighbouring countries the prospect of an increasingly closer relationship with the EU with the overall goal of fostering the political and economic reform processes, promoting closer economic integration as well as legal and technical approximation and sustainable development.
The central element of the ENP is a bilateral Action Plan which clearly sets out policy targets and benchmarks through which progress with an individual neighbouring country can be assessed over several years. The ENP Action Plan for Armenia was signed in November 2006.
The Priority Area 1 of the EU-Armenia ENP Action Plan Strengthening of democratic structures, of the rule of law, including reform of the judiciary and combat of fraud and corruption includes as a specific action:
“Develop the Human Rights Ombudsman institution in accordance with the “Paris Principles” based on UN General Assembly Resolution 48/134 of December 1993”
Furthermore, Priority area 2 of Strengthening of respect for human rights and fundamental freedoms, in compliance with international commitments of Armenia (PCA, CoE, OSCE, UN) foresees actions for ensure development in areas such as freedom of assembly, ensure protection of the right to individual property, police reform, media independence, etc.
3. Description
3.1 Background and justification:
The establishment and development of the Office of the Human Rights Defender of the Republic of Armenia (HRDO), has been part of a nascent human rights culture since independence in 1991.
Major developments include the 1995 Constitution incorporating a bill of rights and followed by the first phase of judicial reform which saw the introduction of a new law on the judiciary and new substantive and procedural codes in criminal and civil law. Armenia joined the Council of Europe in 2001 and one year later ratified the European Convention on Human Rights.
The process continued with the adoption in 2003 of the Law on the Human Rights Defender and the appointment on 1 March 2004 by the President of the first Human Rights Defender.
The year 2006 saw Armenia embark upon a second phase of judicial reform which has included changes to the law on the judiciary, the appointment of judges and court structures and powers.
On 20 February 2006 following Constitutional amendments, the first Human Rights Defender to be appointed by the National Assembly took office for a term of six years.
The role of the Human Rights Defender is to defend human rights against breaches by state and local government bodies or their officials.
The Human Rights Defender defends human rights by undertaking the following:
· Investigations of individual complaints of breaches of human rights
· Providing advice to citizens on appealing court judgments and on protecting their human rights
· Ex-officio investigations into mass breaches of human rights, breaches of human rights which have exceptional public significance or which are intended to protect the rights of those unable to pursue their legal remedies
· Bringing before the Constitutional Court cases to determine the compliance of legislation with human rights standards
· Issuing special reports to the President and National Assembly
· Reviewing draft government legislation which raises human rights issues
In spite of an increasingly clear legal mandate, the Human Rights Defender has faced some real external challenges to the effectiveness of his work. These include:
· A need for state and municipal officials to increase their appreciation of the fundamental importance of human rights and the legitimate interest of the Human Rights Defender in seeking to uphold them
· A need for greater awareness on the part of the public of their human rights
· A need for greater awareness on the part of the public and especially in the ten provinces of Armenia of the role of the Human Rights Defender in upholding human rights
· Limited public confidence in the capacity of the Human Rights Defender to investigate and make recommendations for the resolution of human rights complaints
· Reluctance by citizens to submit complaints for fear of negative consequences for them from the state authorities
None of these challenges is unique to the Human Rights Defender. Enforcement of court decisions remains at a low level. There is limited expectation that public officials will be accountable for their actions and will discharge their duties faithfully.
Some of the internal challenges to the work of the Human Rights Defender include:
· An organizational structure and work practice in need of review in order to better respond to expanding demands on the Office
· Limited outreach to citizens of the ten regions of Armenia
· Limited human resources to fulfill the functions of the Office and the need for development of the technical and operational capacity of staff
In 2007 the HRDO received 1 101 written complaints, of which 397 were accepted for review. Complaints about the work of the courts, police and prosecutors constituted over one-third of complaints submitted. It is significant to note that approximately two-thirds of complaints were received from citizens in Yerevan.
Nonetheless the Human Rights Defender and his staff demonstrate a high level of commitment to protect and promote the human rights of the citizens of Armenia. Following the publication in April 2008 of the Human Rights Defender’s Ad Hoc Report of the post-Presidential election demonstrations of March 1 2008, the reputation and credibility of the Human Rights Defender has grown dramatically. A survey conducted in June 2008 by the newspaper “Hayastani Zrutsakits” (The Interlocutor of Armenia), in Yerevan revealed that the Human Rights Defender was the first choice of person to whom people would complain of a human rights violation.
In April 2008 it was confirmed that the HRDO will act as the National Preventative Mechanism under the Optional Protocol of the Convention Against Torture. This will be implemented in consultation with civil society groups.
Accordingly the HRDO is entering a new phase of its development and contribution to the promotion and protection of human rights and fundamental freedoms in the Republic of Armenia. However, it will benefit from the expertise and good practice of a Member State Ombudsman institution in order for it to meet the new challenges ahead of it.
3.2 Linked activities
Since its establishment, regional and international organizations and other donors, in particular the Council of Europe (CoE), the Organization for Security and Cooperation in Europe (OSCE) and the United Nations Development Programme (UNDP) have been providing assistance to the HRDO.
Activities by these actors have focused on capacity building for HRDO staff members through trainings (e.g. on the European Convention of Human Rights) and some exchange visits between the HRDO and other Ombudsman institutions in the region and in EU countries (e.g. Georgia, Poland, Lithuania). The OSCE Office in Yerevan and UNDP support the publication and the translation of annual reports of the HRDO as well as ad hoc guidelines, e.g. in relation to the election campaign of winter 2008.
Further the HRDO has been assisted in seminars jointly organized with the OSCE Office in Yerevan and OSCE/ODIHR to strengthen the cooperation with state institutions and civil society organizations.
Support for the review of draft legislation is a continuous activity undertaken primarily by the Council of Europe.
Other agencies starting cooperation include UNICEF, which has indicated an interest in specifically supporting the HRDO in the field of child protection. It currently has a small cooperation project with the HRDO to review legislation on children rights.
It is important to note here that external assistance has so far tended to be on an ad-hoc basis. One systematic and structured support programme entitled “Strengthening the Human Rights Capacities of the Human Rights Defender´s Office in the Republic of Armenia” is undertaken by the UNDP and includes their being based inside the HRDO. The programme will last until the end of 2009 and supported by funds from the Raul Wallenberg Institute in Sweden.
Main ongoing activities under this programme are:
· Organization of a training workshop for HRDO staff and other stakeholders on different areas of legislation (e.g. property rights, right to a fair trial)
· Assisting the organization of an annual seminar on topics selected by the HRDO
· Human Resources management development, improvement of management and information systems, financial systems, developing of new software for case management
· Support for the elaboration of Strategic Plan for the HRDO
· Establishment and maintenance of a human rights library at HRDO
· Organization of public awareness conferences on human rights issues, translation into Armenian language and publication of selected human rights textbooks and publication of a quarterly newsletter on HRDO activities and other human rights related issues
· Supporting other HRDO activities as the translation and publication of HRDO reports, review of legislation and other
Lastly it is important to highlight that OSCE promotes and coordinates a working group comprised of representatives of the organizations committed to the development of the HRDO, including regional and international organizations, donors and some western embassies. This group holds periodical meetings with the attendance of the Human Rights Defender staff with a view to the coordination of efforts and provide with advice on strategic directions.
The Twinning project will need to closely coordinate its activities with those of other organizations in order to ensure the efficient allocation of resources and to avoid duplication of efforts. Furthermore, the Twinning project should assess and take full account of the results and lessons learnt of the previous assistance, with special attention to the UNDP programme.
3.3 Results:
· Enhanced reputation of Office of HRD and increased public awareness of HRD and its role
· Organizational structure and management systems assessed and improved
· Technical and operational capacities of staff developed and enhanced
· Favorable institutional relations with state stakeholders and NGOs established
· Strategic development plan periodically evaluated and revised
· Revised Law on HRD, internal bye-laws and regulations submitted for approval
3.4 Activities
3.4.0 General Activities
In addition to three areas of activity identified in components set out in paragraphs 3.4.1, 3.4.2 and 3.4.3, will also organise two general activities in order to ensure some visibility of the project at the beginning and discuss the project’s impact at the stage of completion. These will consist of a kick-off meeting to ensure the visibility of the project and a closing conference to discuss its impact. Furthermore, in order to ensure an effective management and monitoring mechanism, regular meetings of the Steering Committee will be organised.
3.4.0.1 Kick off meeting
Method
A half-day kick-off meeting will be organised in the first month aiming at launching and presenting the project to the stakeholders, the media and the public at large. In order to guarantee large public information about the start of the project, the meeting will be concluded with a press conference and a press release. Different stakeholders of the project, both from BC and MS, will explain the activities of the project and stress the need to address the selected areas and issues.
In order to stress the importance of this project, the Ombudsman, the Prime Minister, key Ministers (like the Minister of Justice, Minister of Foreign Affairs, Minister of Economy), representatives of the President’s Office, Members of Parliament, the Head of the EC Delegation to Armenia, the Ambassadors of EU Member States in Armenia and the diplomatic corps as well as representatives of the civil society in Armenia will be invited to this meeting.
Resources and benchmarks
MS: PL, RTA
BC: PL, RTA Counterpart
Other resources: Conference venue and facilities, interpretation, translation and documentation, catering
Location and duration: Yerevan, one-half day
Month: 1
Benchmarks: Conference held; interested parties, media and public informed about the start, objectives and content of the project
3.4.0.2 Closing conference
Method
During the last month of the project, a closing conference will be organised during which the results of the project will be presented. Furthermore, the state of play in the three areas of the project’s interventions will be reviewed and success in achieving the results of the project will be assessed with the Human Right Defender Office, the Armenian Government, civil society and other donor’s. The conference will be concluded with some recommendations for possible follow-up and lessons learned for similar projects.
This closing conference should include a press conference. As for the kick-off meeting, high profile guests should be invited. These might include the President, Government Ministers including the Minister of Foreign Affairs and Minister of Justice, Members of Parliament, Ambassadors of EU Member States and representatives of civil society.
Resources and benchmarks:
MS: PL, RTA
BC: PL, RTA counterpart, HRDO staff
Other resources: Conference venue and facilities, interpretation, translation, documentation, catering
Location and duration: Yerevan, one day
Month: 18
Benchmarks: Closing Conference organised, activities reviewed and assessed. Recommendations and Lessons learned formulated and discussed. Public in general informed
3.4.1 Component 1 - Continuous support to institutional development