NHRI SPECIAL SESSION
ON
“THE ROLE OF NHRIS IN THE PROMOTION AND PROTECTION OF THE RIGHTS OF THE OLDER PERSONS”
ASEM CONFERENCE ON GLOBAL AGEING AND HUMAN RIGHTS OF THE OLDER PERSONS
OUTCOME REPORT
26 OCT 2015
SEOUL, REPUBLIC OF KOREA
The creation of the United Nations Open-Ended Working Group on Ageing (OEWG) in 2010, and the establishment of the mandate of the Independent Expert on the enjoyment of all human rights by older personsin 2013, reflected the global will to address the challenges in the process of ageing. However, the need for a stronger protection mechanism at the international level for older persons remainedlatent.
The General Assembly Resolution 67/139 of 2012 renewed the mandate of the OEWG requesting a proposal of main elements to be included in an international legal instrument to promote and protect the rights and dignity of older persons, to be presented to the General Assembly, at the earliest possible date.
Despite the work and potential of NHRIs to contribute to the development of the international normative framework for the rights of older persons, NHRIs are not yet formally recognised by the OEWG, which limits NHRIs opportunities for participation.
Recognising the imperative for the NHRIs’ voice to be harnessed by the relevant UN mechanisms, in 2012, the ICC Bureau decided to establish an ICC Working Group on Ageing (ICC WG)to be “comprised of representatives of all four ICC regions, to advocate for NHRIs' recognition at the UN Working Group on Ageing, and coordinate NHRI contributions to the work of the UN Working Group”.
On the occasion of the ASEM Conference on Global Ageing and Human Rights of the Older Persons hosted by the National Human Rights Commission of Korea (NHRCK) and the Ministry of Foreign Affairs of Korea, from 26th to 28th October 2015, in Seoul, Korea,the“NHRI Special Session on the Role of NHRIs in promoting and protecting the rights of older persons”[1] was organized. The NHRI Special Session was hosted by the NHRCK in conjunction with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights and the Asia Pacific Forum, on 26th October 2015
NHRI representatives[2] from different regions and experts on relevant subjects participated at the NHRI Special Session to consider ways to enhance NHRIs’ role in the promotion and protection of the rights of older persons at the international level including in the work of the OEWG, and defined the process for the establishment of an ICC Working Group on Ageing, including prioritiesand next steps.
At the meeting participants were briefed on and discussed the following topics:
- The international discourse on the rights of older persons;
- Update on regional activities;
- Update on NHRIs’ activities;
- ICC and its future strategy; and
- ICC Working Group on Ageing: mandate and next steps.
Participants adopted the following decisions and recommendations:
I. Process for the establishment of an ICC Working Group
Participants agreed on the following process for the establishment of an ICC Working Group on Ageing:
1)NHRIs from the European and the Asia Pacific regions agreed to report back to the regions to inform their members about the discussions held at the NHRI Special Session, and to hold with the support of the respective Regional Coordinators, regional consultations to identify and appoint two NHRIs per region to be members of the ICC WG;
2)The Assistant ICC Geneva Representative committed to report back to the regions of Africa and the Americas and inform the members of the agreed consultation process to be held at regional level to identify the ICC WG members;
3)It was agreed that byDecember 2015 the ICC WG members would be identified and a first meeting of the ICC WG would be held to appoint the Chairperson and the Deputy Chairperson of the ICC WG; the ICC would be informed accordingly;
4)Finally, it was identified that the initial tasks for the ICC WG would be to finalise the first draft of the Terms of Reference of the ICC WG and to draft a Plan of Action of the ICC WG to be presented at the ICC Bureau meeting in March 2016 for endorsement.
II. Priorities and next steps
Participants agreed that the ICC Working Group priorities and next steps should include the following activities:
i)The ICC WG will hold a consultation process among all NHRIs to adopt an informed ICC position on an international binding instrument on the rights of older persons. Regarding the content of such an instrument, NHRIs will also be consulted aboutthe main elements that might be considered for inclusion;
ii)The ICC WG will support ICC’s advocacy efforts for the extension of formal participation rights for NHRIs in the work of the OEWG and other possible international processes leading up to the consideration of a binding instrument on the rights of older persons;
iii)The ICC WG will consider how the existing international framework protects the rights of older persons and identify how NHRIs can support and monitor the implementation of the existing UN human rights instruments to best protect and promote the rights of older persons; and
iv)The ICC WG will promote cooperation and information sharing among NHRIs, through the exchange of best practices and lessons learned relating to the promotion and protection of the rights of older persons.
Seoul, 26 October 2015
ANNEX I
NHRI SPECIAL SESSION
ON
“THE ROLE OF NHRIS IN THE PROMOTION AND PROTECTION OF THE RIGHTS OF THE OLDER PERSONS”
AT
THE ASEM CONFERENCE ON GLOBAL AGEING AND HUMAN RIGHTS OF THE OLDER PERSONS
CONCEPT NOTE
26 OCT, 2015
SEOUL, REPUBLIC OF KOREA
Background
Today, the world is becoming an ageing society due to rapid increase in the elderly population. Globally, the percentage of people aged 60 years or older increased from 9 per cent in 1994 to 12 per cent in 2014, and is expected to reach 21 per cent by 2050 outnumbering for the first time children aged between 0 and 14 years.[3][4] Asia has the largest number of older persons, Europe is the most aged region and Africa will witness the highest proportionate increase in the numbers of older persons by 2050 followed closely by Latin America and the Caribbean where the numbers of older persons are projected to nearly triple by 2050[5].
As the population of older persons increases, there is the need to advance the promotion and protection of their rights. Older persons are identified as a vulnerable group as their rights are not adequately considered. While in recent years, significant strides have been made in the efforts to address the human rights of older persons, the existing international legal frameworks require that such protection is drawn from generic human rights law. There is no international human rights instrument that governs the rights of older persons. In fact, none of the instruments that together form the international Bill of Rights prohibit discrimination on the grounds of age.
Despite this, there have been significant advocacy efforts made to address the promotion and protection of human rights of older persons, based on the use of international human rights norms and standards to improve the lives of millions of older women and men around the world. These advocacy efforts recognise that in addressing the rights of older persons a human-rights based approach must be adopted guaranteeing independence, participation, care, self-fulfillment and dignity for older persons rather than the approach where older persons are recognized only as objects for policy measures.
A number of international policy documents such as the 1982 Vienna International Plan of Action on Ageing, the 1991 UN Principles for Older Persons and the 2002 Madrid International Plan of Action on Ageing have been adopted to strengthen the protection of older persons. Efforts have been made to implement these commitments with a wide variation in the gap between the plans and their implementation. Noting the need to strengthen the protection of the rights of older person, the United Nations General Assembly in December 2010, decided to establish the Open-ended Working Group on Ageing[6] whose mandate would include among others consideration of a binding instrument protecting the rights of older persons. In 2011, the UN Secretary General presented to the UN General Assembly the report that, for the first time, focused on the human rights situation of older persons around the world.[7]In addition, in April 2012, the UN High Commissioner for Human Rights clearly stated in the report on human rights situation of older persons that measures to strengthen international protection system for older persons cannot be delayed anymore.[8] The UN also appointed an International Expert[9] on the enjoyment of all human rights by older persons in 2014
It is against this background that the potential role that national human rights institutions (NHRIs) compliant with the Paris Principles can play in the promotion and protection of human rights of older persons must be considered. NHRIs across the globe have contributed significantly to the advancement of the rights of older persons both in their individual capacities as mandated constitutionally or legislatively or through their collective capacities as members of the international association of NHRIs, the ICC. The ICC, or the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, provides a platform through which NHRIs can advocate at the international level to fill the promotion and protection gaps relating to older persons. Many NHRIs are engaged in monitoring the human rights of older person a task that helps to identify the diversity of issues that affect older persons and their particular vulnerabilities.
It is in this spirit, that a thematic forum was organised by the National Council of Human Rights of Morocco, the ICC and other key stakeholders during the 2nd World Human Rights Forum in Marrakech in November 2014 on Old-Age Human Rights: Opportunities and ways to protect and to promotethe rights of the elderly.”The Forum attended by NHRIs and human rights experts concluded with the adoption of the Marrakech Declaration[10] which sets out recommendations to build upon and advance the rights of older persons.
Despite thework and potential of NHRIs to contribute to the development of the international normative framework for the rights of older persons, and the recognition of their important role within the international human rights architecture through the adoption of several UN resolutions both at the General Assembly and Human Rights Council, NHRIs remain largely on the sidelines of the formal process at the international level that are considering strengthening the protection of human rights. For instance, the Open-ended working group on ageing has not formally recognised NHRIs, thus limiting the extent to which NHRIs can contribute to its work.
Recognising the imperative for the NHRI voice within the process of strengthening the protection of the rights of older persons and bearing in mind the influence that NHRIs have had on key human rights instruments, in 2012, the ICC Bureau, which in close consultation with the ICC Chairperson, provides ICC’s strategic leadership, decided to establish an ICC Working Group on Ageing (hereinafter “ICC WG”). The ICC WG’s primary goal is to guide ICC’s strategic engagement at the international level on matters relating to the rights of older persons including participation at UN mechanisms and processes including the Human Rights Council and General Assembly. The ICC WG will also lead ICC’s advocacy efforts for the inclusion of NHRIs in the work of the Open-ended working group and international processes leading up to the consideration of a binding instrument on the rights of older persons and to coordinate NHRI contribution to any such processes.
Taking the above into account, on the occasion of the ASEM Conference on Global Ageing and Human Rights of the Older Persons hosted by the National Human Rights Commission of Korea (hereinafter the “NHRCK”) and the Ministry of Foreign Affairs, a Special Session will be held on the role of NHRIs in the promotion and protection of the rights of older persons with a specific focus on determining how the ICC will address the promotion and protection of the rights of older persons.
Objective
The Special Session’s objective is to identify ways to promote NHRIs role in the promotion and protection of the rights of older persons at an international level.
Specific objectives:
- To identify opportunities for collaboration to advance the promotion and protection of the rights of older persons
- To develop the terms of reference of the ICC WGtaking also into account the Marrakech Declaration on the rights of older persons
- To develop an action plan for ICC/NHRI involvement in the discussions on the development of an international instrument on the rights of older persons
Co-sponsors:
International Coordinating Committee of National Institutions for the promotion and protection of Human Rights (ICC)and Asia Pacific Forum of National Human Rights Institutions (APF)
Participants:
30 participants from NHRIs, ICC, regional networks, and UN
Funding:
Participants will be expected to self-fund their attendance at the Special Session.
Date and Venue:
Date / 26 October 2015Venue / Hotel President
Address / 16 EulgiroJunggu, Seoul, Korea
Telephone / +82 (0)2 753 3131
Fax / +82 (0)2 779 7111
Website /
Language :
The official language for the conference is English and Korean (translation will be provided).
Host :
National Human Rights Commission of Korea
CONTACT:
For further information about the event, please contact:
Ms.Sook OH,
National Human Rights Commission of Korea
Email:
Ms.Youngmi Lee, Secretariat of ASEM Conference on Global Ageing and Human Rights of Older Persons
ASEM Conference Coordinator, National Human Rights Commission of Korea
Email:
NHRI SPECIAL SESSION
THE ROLE OF NHRIS IN THE PROMOTION AND PROTECION OF THE RIGHTS OF OLDER PERSONS
AT THE ASEM CONFERENCE ON GLOBAL AGEING AND HUMAN RIGHTS OF OLDER PERSONS
PROGRAM
26 OCT, 2015
MOZART HALL (31ST FLOOR) PRESIDENT HOTEL
SEOUL, REPUBLIC OF KOREA
10:00-10:15 / WELCOME REMARKSSung-ho LEE, Chairperson National Human Rights Commission of Korea
Lora Vidovic, ICC Chair Delegate, Ombudsperson of Croatia
SESSION 1
10:15-11:00 / INTERNATIONAL DISCOURSE ON THE RIGHTS OF OLDER PERSONS
“Development of dialogues at the UN Open-ended Working Group on Ageing”
Rosemary LANE, Senior Social Officer, United Nations Department of Economic and Social Affairs (DESA)
“Relevant Activities at the UN level in Asia Pacific region”
Srinivas TATA, Chief, Social Policy and Population Section, United Nations Economic and Social Commission for Asia and the Pacific(ESCAP)
“Relevant Activities at the OHCHR”
Christian COURTIS, Human Rights Officer, Human Rights and Economic and Social Issues, Office of the High Commissioner for Hunan Rights(OHCHR)
Interactive dialogue and discussion
Session 2
11:00-11:25 / UPDATE ON REGIONAL ACTIVITIES
Kieren FITZPATRICK, Asia Pacific Forum (APF)
Nony Adrill, Senior Lawyer, Equality and Human Rights Commission of UK (ENNHRI)
Interactive Dialogue and Discussion
Session 3
11:25-12:15 / UPDATE ON NHRIS’ ACTIVITIES
Bem Angwe, Executive Secretary, Nigerian National Human Rights Commission
Cyriac Joseph, Acting Chairperson, National Human Rights Commission of India
SylwiaSuprek, Deputy Ombudsperson, Human Rights Defender of Poland
Nony Ardrill, Legal Directorate, Equality and Human Rights Commission of Great Britain
Interactive Dialogue and Discussion
12:15-13:35 / LUNCH
Sanho Hall (18th Floor)
Session 4
13:35-14:05 / ICC AND ITS FUTURE STRATEGY
“ICC’s Activities and Developments”
Agnès GRÀCIA, Assistant ICC Geneva Representative
“Future Strategy: the Role of the ICC Working Group on Ageing”
Kyoungsook Lee, Commissioner, National Human Rights Commission of Korea
Interactive Dialogue and Discussion
Session 5
14:05-14:40 / ICC WORKING GROUP ON AGEING: MANDATE AND NEXT STEPS
Plenary Discussion
Moderator: Lora Vidovic, ICC Chair Delegate, Ombudsperson of Croatia
Rapportuer: Agnès GRÀCIA, Assistant ICC Geneva Representative
Confirmation Terms of Reference of the ICC Working Group on Ageing and members
14:40-14:50 / CLOSING REMARKS
Sung-ho LEE, Chairperson, National Human Rights Commission of Korea
ANNEX II. LIST OF PARTICIPANTS
No / Organization / Country / Position / Name1 / Ombudswoman of the Republic of Croatia / Croatia / Ombudswoman / Lora Vidovic
2 / Equality and Human Rights Commission of United Kingdom / United Kingdom / Legal Directorate / NonyArdill
3 / The Seimas Ombudsmen's Office of Lithuania / Lithuania / Chief Communications Officer / VytautasValentinavicius
4 / Northern Ireland Human Rights Commission / Northern Ireland / Policy Lead / Colin Caughey
5 / Human Rights Defender of Poland / Poland / Deputy Ombudsperson / SylwiaSpurek
6 / Human Rights Defender of Poland / Poland / Deputy head for equal treatment / Anna Blaszczak
7 / Human Rights Defender of Poland / Poland / Expert for equal treatment / Anna Chabiera
8 / Finnish Human Rights Center / Finland / Associate Expert / Hanna Rönty
9 / Zimbabwe Human Rights Commission / ZIMBABWE / Commissioner / Sheila MATINDIKE
10 / National Human Rights Commission of Mongolia / Mongolia / Chief Commissioner / ByambadorjJamsran
11 / National Human Rights Commission of Mongolia / Mongolia / Head of division / Agar-ErdeneGankhuyag
12 / National Human Rights Commission of India / India / Acting Chairperson / Cyriac Joseph
13 / India / Spouse of Acting Chairperson / BibyCyriac
14 / National Human Rights Commission of India / India / Joint Secretary / JaideepKochher
15 / Human Rights Commission of Malaysia / Malaysia / Vice Chairman / Lake Tee Khaw
16 / National Human Rights Commission of Nepal / Nepal / Chairperson / Anup Sharma
17 / National Human Rights Commission of Nepal / Nepal / Deputy Director / DEEPAK KARKI
18 / Human Rights Commission Of Sri Lanka / Sri Lanka / Legal Officer / PandithaMudiyanselage
KumariThilakarathna
19 / Office of the Ombudsman of Samoa / Samoa / Investigations Unit Officer / Ashley Bowe
20 / Myanmar National Human Rights Commission / Myanmar / Vice Chairperson / SIT MYAING
21 / National Human Rights Organization of Thailand / Thailand / Adviser / Hansa BOONRAT
22 / National Human Rights Organization of Thailand / Thailand / Director / Poowadol WEERAWEDPHISAI
23 / Bangladesh National Human Rights Commission / Bangladesh / Full Time Member / KaziHoque
24 / National Committee for Human Rights of Qatar / Qatar / Assistance Secretary General / Sultan Aljamali
25 / National Committee for Human Rights of Qatar / Qatar / Head of Registration Section / SaeedAlowair
26 / ICC / Assistant ICC Geneva Representative / Agnès GRÀCIA
27 / APF / Director / Kieren FITZPATRICK
28 / UNDESA / Senior Social Officer / Rosemary LANE
29 / OHCHR / Human Rights Officer / Christian COURTIS
30 / UNESCAP / Chief / Srinivas TATA
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