CYPE(5)-30-19 – Papur i’w nodi 2

 

Examples of different models of National Mechanisms for Implementation, Reporting and Follow-up (NMIRF) See OHCHR Guide on NMIRFs

·         Portugal: The inter-ministerial National Human Rights Committee created in 2010 is responsible for intergovernmental coordination with the aim of promoting an integrated approach to human rights policies. The Committee coordinates all governmental action on human rights including implementing the international and regional reporting obligations of Portugal to treaty bodies, special procedures, UPR and the Council of Europe. The Committee is chaired by the Ministry of Foreign Affairs. The Human Rights Division within the Ministry acts as the Committee’s permanent secretariat. All ministers are represented on the Committee, in some cases at Secretary of State level. The National Statistics Office is also a member. The Committee is supported by a network of human rights focal points in ministries. It meets at least three times a year at plenary level and as needed at working group level. At least one of these three plenary meetings must be open to civil society. 

 

·         In Belgium, a team based within the Ministry of Foreign Affairs coordinates all treaty reporting and provides oversight on follow-up to recommendations, which are clustered. It brings together human rights focal points in all government departments and throughout devolved administrations. The Group meets every six months.

 

·         Scotland: The Scottish Equalities and Human Rights Committee’s report (November 2018) called on the Scottish Government to urgently establish a Scottish NMIRF. In December 2018, the First Minister’s Advisory Group also recommended a Scottish NMIRF. It specified the ‘body would contribute to national dialogue on the promotion of best practice including with parliaments, the judiciary, civil society and the general public. Best practice would be for the National Mechanism to be a Scottish Government body with its own separate structure, staffing and budget and accountable to the relevant Scottish Government Minister...’ Core functions include:

1.        Coordinating Scottish Government engagement with European and UN human rights systems, including reporting and implementation of recommendations in the devolved context.

2.      Monitoring the UK Parliament and reporting to the Scottish Government, Parliament and the public on any developments as regards the continued effect of rights “returned” from the EU to the UK Parliament.

3.      Monitoring the EU and reporting relevant rights developments to the Scottish Government, Scottish Parliament and the public for consideration of adapting any such developments within devolved areas of competence.

A taskforce taking the recommendations forward is currently being established and we have advocated for the Commission to sit on it.

·         Georgia: The Georgian ‘Human Rights Council’, set up to adopt and oversee the implementation of Georgia’s two-year human rights action plans, is a high-level ministerial inter-agency coordination structure chaired by the Prime Minister. It consults with five local human rights NGOs, UN representatives, Council of Europe, the EU, and the Office of the Public Defender of Georgia (Georgia’s NHRI). It meets annually to discuss priority human rights concerns for the year ahead, and considers and adopts progress reports on the implementation of the action plans. It is accountable to the Georgian Parliament and submits annual progress reports. During a parliamentary hearing, the Government presents its update. The parliament’s Human Rights and Civil Integration Committee prepares a resolution with recommendations addressed to each branch of Government. Implementation of this parliamentary resolution is mandatory. The Council has a permanent secretariat, which coordinates implementation, monitoring and reporting between the designated focal points in all responsible ministries and agencies. It is considering introducing a new software system for NMIRFs developed by OHCHR. This online database will automatically download and cluster recommendations from the UPR, Treaty Bodies and Special Procedures, and enable the Government to set priorities and implementation deadlines.

 

·         Mexico: The Directorate for Human Rights and Democracy in the Ministry of Foreign Affairs is responsible for coordinating reporting to UN human rights mechanisms and to the inter-American human rights system. It includes two deputy directorates, each divided into units that have responsibility for producing specific monitoring reports. These units undertake intergovernmental coordination and coordination with parliament, the NHRI, the judiciary and to a lesser extent civil society. The Ministry of Foreign Affairs provides the budget for the Directorate and the activities of the specialised units.

 

·         Morocco: The Interministerial Delegation for Human Rights (70-80 staff members), established in 2011, is appointed by the King and reports directly to the Head of Government. The Delegation is responsible for coordinating national human rights policies and for ensuring interaction with international human rights mechanisms. It proposes measures to ensure the implementation of international human rights obligations, prepares periodic national reports to treaty bodies and the UPR, and follows up the implementation of their recommendations, as well as those of special procedures. The Delegation provides support to national NGOs working on human rights and promotes dialogue with international NGOs.

 

·         Samoa: The Samoan Government is currently setting up a NMIRF, an inter-ministerial body to coordinate all reporting and implementation activities related to Samoa’s Treaty Body obligations, UPR and UN Special Procedures visits. It is also responsible for coordinating activities related to the signing of further human rights treaties. The NMIRF’s terms of reference provide that it consists of a Chair (CEOs of the Ministry of Foreign Affairs and Trade), a Working Group (made up of representatives from different ministries), at least four Focal Points, Consultative Members (representatives from CSOs, the NHRI and the Bureau of Statistics) and is serviced by a Secretariat. The NMIRF’s responsibilities include:

o   Clustering Treaty Body recommendations and translating into Samoan;

o   The drafting of an implementation plan for each set of recommendations, within three months of receipt;

o   Consultations on each implementation plan with Government, CSOs and the public, leading to adoption of the implementation plan within six months of receipt of the recommendations;

o   Appointing a drafting committee for each report six months before the deadline.