Parliaments and Human Rights

Transcription

1 Parliaments and Human Rights CPA POST ELECTION SEMINAR PARLIAMENT OF LESOTHO, SEPTEMBER 2013 Advocate Karen McKenzie, Head, Human Rights 18 September 2013

2 2 INTRODUCTION The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Universal Declaration of Human Rights, art. 21.3

3 3 INTRODUCTION Core values of the Commonwealth Democracy, good governance, human rights and the rule of law, socio-economic development, gender equality, tolerance, respect, and peace and security Declaration of Commonwealth Principles 1971 Harare Commonwealth Declaration 1991 Trinidad and Tobago Affirmation of Commonwealth Values and Principles 2009 Nine-person Commonwealth Ministerial Action Group (CMAG) established in 1995 to deal with serious and persistent violations of Commonwealth principles the aim is to strengthen democracy, institution-building and democratic governance

4 4 INTRODUCTION The new Commonwealth Secretariat Strategic Plan 2013/ /17 Strong democracy, rule of law, promotion and protection of human rights and respect for diversity as one of the 3 long terms goal

5 5 INTRODUCTION Programme priorities of the Human Rights Unit (HRU) Establishment/strengthening of National Human Rights Institutions in line with the Paris Principles Advancement of the development of national human rights policies, action plans and legislation Capacity building and technical assistance of Commonwealth Member States and parliaments to engage with the United Nations Human Rights Council s Universal Periodic Review (UPR) and to implement accepted UPR recommendations.

6 6 WHAT ARE HUMAN RIGHTS Derived from the Universal Declaration of Human Rights (1948) Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world. Obligations: promote, protect, fulfil Every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. UDHR (Preamble)

7 7 WHAT ARE HUMAN RIGHTS Specific rights: Civil and Political Rights: right to life, liberty, security protection from torture, cruel, inhumane or degrading treatment, trafficking and contemporary forms of slavery, freedom of thought, conscience and religion, opinion and expression, assembly and association, participation in the conduct of public affairs. Economic, Social and Cultural right to work, social security, food, housing, health, education cultural life and scientific progress

8 8 WHAT ARE HUMAN RIGHTS Specific groups: Women, children, persons with disabilities Specific areas: Environment: management of natural resources, climate change Mainstreaming areas: Gender equality Prohibited grounds of discrimination: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status

9 9 UNITED NATIONS HUMAN RIGHTS SYSTEM INTERNATIONAL HUMAN RIGHTS INSTRUMENTS MONITORING MECHANISMS: TREATY BODIES HUMAN RIGHTS COUNCIL Universal Periodic Review (UPR) Special Procedures

10 10 UNITED NATIONS HUMAN RIGHTS SYSTEM Core international Instruments International Covenant on Civil and Political Rights (ICCPR) 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)1979 Convention on the Rights of the Child (CRC) 1989) Convention on the Rights of Persons with Disabilities (CRPD) 2006)

11 11 UNITED NATIONS HUMAN RIGHTS SYSTEM Core international Instruments International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)1965 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) 1990 International Convention for the Protection of All Persons from Enforced Disappearance (CPED) 2006)

12 12 UNITED NATIONS HUMAN RIGHTS SYSTEM Core international Instruments - Optional protocols Establishing or recognising the competence of Bodies to monitor the implementation of treaties. Dealing with Specific issues: Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (ICCPR-OP2)1989 Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OP-CRC-AC) 2000 Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC) 2000

13 13 UNITED NATIONS HUMAN RIGHTS SYSTEM Human Rights Council and its Subsidiary Bodies and Special Procedures HRC created in 2006 (reform of the UN Human Rights System) Key new mechanism: Universal Periodic Review (UPR): Periodic peer review (every 4 ½ year) of the human rights situation in all UN Member Countries. Consultative process at national level with civil society, national institutions and Parliament both in preparation for the review and follow up of recommendations received

14 14 UNITED NATIONS HUMAN RIGHTS SYSTEM Special Procedures Working groups: Right to Development, Discrimination against Women in Law and Practice, etc. Special Rapporteurs and other Independent Experts: independence of judges and lawyers, adequate housing, education, safe drinking water and sanitation, etc.

15 15 HUMAN RIGHTS BASED APPROACHES TO THE WORK PARLIAMENTS Human Rights Based Approaches Human Rights Based Approaches to the Work of Lesotho Parliamentary Committees Follow up to CEDAW Observations to Lesotho (2011) Follow up to LESOTHO UPR Recommendations (2010)

16 16 HUMAN RIGHTS BASED APPROACHES HUMAN RIGHTS BASED APPROACHES TO LEGISLATIVE PROCESS, POLICY, PROGRAMME AND PROJECT DESIGN, IMPLEMENTATION MONITORING AND EVALUATION Mostly developed in the area of cooperation for development Make use of the international human rights framework of standards and principles as a guide for legislative process, policy, programme and project design, implementation monitoring and evaluation Put concerned people and opportunities for their participation at the centre of legislation process, policies, programmes and projects cycle Have proved to strengthen the effectiveness and desired positive impact of legislation, policies and programmes

17 17 HUMAN RIGHTS BASED APPROACHES Implication of adoption of a Human Rights Based Approach to legislative process, policy, programme and project design, implementation, monitoring and evaluation Legislation, policies, programmes and projects are designed purposely not accidentally - to further the realisation of human rights Human rights principles to be taken into account include: Universality and inalienability Everyone is entitled, no one can give up his or her rights Indivisibility and equal importance (economic, social, cultural, civil, political rights have the same weight)

18 18 HUMAN RIGHTS BASED APPROACHES Implication of adoption of a Human Rights Based Approach Inter-dependence and inter-relatedness Conducive to the adoption of a holistic approach to the work of Parliament Non-discrimination and equality Participation and inclusion Entitlement to free, informed, meaningful participation The right of everyone to have a say, and contribute to the decision making process that affects their development

19 19 HUMAN RIGHTS BASED APPROACHES Implication of adoption of a Human Rights Based Approach Accountability and the rule of law Respect by States and other duty-bearers of their human rights obligations Mechanisms in place (judiciary, quasi-judicial, administrative) for the citizens to claim their rights Legislative process, laws, policies programmes and projects are designed and implemented in a way that they contribute to strengthen the capacities of: Citizens to raise their concerns and claim their rights Duty bearers to meet their obligations to respect, protect, and fulfil human rights

20 20 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF PARLIAMENTS Human Rights and the Representation Function Gender equality and women in Parliament Diversity in Parliaments Parliamentary structure and procedures provide opportunities for continuous and diverse participation of all citizens in the decision, oversight, and law making process

21 21 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF PARLIAMENTS Human Rights and the Oversight Function Scrutiny of Budget Ensure adequate balance in budget allocation of resources to fulfil human rights obligations and implement UN recommendations Ex. ESCR immediate obligation: to the maximum resources available Combating corruption to ensure all resources are available Establishment, strengthening of, and relationship with independent national institutions Ombudsman, National Human Rights Institutions in compliance with the Paris Principles, etc. Independent institutions reporting directly to Parliament

22 22 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF PARLIAMENTS Human Rights and the Oversight Function Ensuring follow up to recommendations from independent national institutions Monitoring implementation of international and national human rights obligations Monitoring follow up to recommendations from the UPR, treaty bodies and special procedures Participation in consultations in preparation of reports to the Human Rights Council and treaty bodies on the status of implementation of the recommendations

23 23 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF PARLIAMENTS Human Rights and the Legislative Function Active role in ensuring legislation respects gender equality and take into account prohibited grounds of discrimination Active role in ensuring legislation contribute to promote, protect and fulfil human rights and do not have a negative impact on human rights (direct or indirect)

24 24 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF PARLIAMENTS Human Rights and the Legislative Function Active role in implementation of recommendations that falls under the responsibility of the Parliament ratification of international instruments development and review of national legislation establishment and strengthening of national human rights institutions, etc.)

25 25 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF PARLIAMENTS Human Rights of Parliamentarians Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. (UDHR 19) Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. (UDHR 20) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (UDHR 21.1)

26 26 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF THE PARLIAMENT OF LESOTHO Human Rights Based Approaches to the Work of Lesotho Parliamentary Committees Follow up to CEDAW Observations to Lesotho (2011) Follow up to LESOTHO UPR Recommendations (2010)

27 27 HUMAN RIGHTS BASED APPROACHES TO THE WORK OF THE PARLIAMENT OF LESOTHO International Human Rights Instruments ratified by Lesotho and follow up on UPR recommendations and observations from Treaty Bodies: Useful reference framework and guidance for identification of the role of the Parliament of Lesotho in supporting the implementation of international human right obligations at the national level

28 28 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF TREATY BODY RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO Committee on the Elimination of Discrimination against Women (CEDAW) Considered the combined initial to fourth periodic report of Lesotho on 11 October 2011 Concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW /C/LSO/CO/1-4, 8 November 2011) Status of implementation 6. The Committee calls on the State party to disseminate the present concluding observations to all relevant ministries, the Parliament and the judiciary, so as to ensure their full implementation. Parliament 7. While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation of the State party s obligations under the Convention, the Committee stresses that the Convention is binding on all branches of the State apparatus, and it invites the State party to encourage Parliament, in line with its procedures, where appropriate, to take the necessary steps with regard to the implementation of the present concluding observations and the State party s next reporting process under the Convention. 13. The Committee urges the State party to: (a) Speed up its Constitutional review and urgently repeal sections of the Constitution that allow discrimination based on sex/gender in matters relating to adoption, marriage, divorce, burial, devolution of property, death or other matters that fall within the provisions of personal law; (b) Include in its Constitution and other appropriate legislation prohibition of discrimination against women, which encompasses both direct and indirect discrimination in the public and private spheres, in line with article 1 of the Convention, and also to include provisions prohibiting all forms of discrimination against women on all grounds, including adoption, marriage, divorce, burial, devolution of property, death or other matters that fall within the provisions of personal law, as well as where customary law is applicable. (Note: 47. The Committee requests the State party to provide, within two years, written information on the steps undertaken to implement the recommendations contained in paragraphs 13 and 39 above.)

29 29 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF TREATY BODY RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO Committee on the Elimination of Discrimination against Women (CEDAW) Considered the combined initial to fourth periodic report of Lesotho on 11 October 2011 Concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW /C/LSO/CO/1-4, 8 November 2011) Status of implementation 19. The Committee encourages the State party to strengthen the use of temporary special measures, in accordance with article 4, paragraph 1, of the Convention and as interpreted in the Committee s general recommendation No. 25, in all areas covered by the Convention, where women are underrepresented or disadvantaged. To that end, it recommends that the State party: (b) Raise awareness among members of Parliament, Government officials, employers and the general public about the necessity of temporary special measures; provide comprehensive information on the use of such measures and their impact in its next periodic report. 23. The Committee urges the State party to: (a) Give high priority to the enactment of the draft Domestic Violence Bill; (b) Provide mandatory training for judges, prosecutors and the police, especially those who conduct mediation in cases of domestic violence, on the strict application of legal provisions dealing with violence against women; and train police officers on procedures to deal with women victims of violence; 27. The Committee urges the State party to: (a) Amend its legislation on citizenship in order to bring it into full compliance with article 9 of the Convention;

30 30 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO (Recommendations with the number 96 enjoy the support of Lesotho. Recommendations with number 97 enjoy the support of Lesotho, which considers that the recommendations below are either already implemented or in the process of implementation ) UPR FOLLOW UP - KEY DATES GOOD PRACTICES 1 st cycle of the UPR The review of Lesotho was held on 5 May 2010 The outcome was adopted during HRC 15 th regular session on 21 September 2010 Next review The next review for Lesotho is scheduled for January/February 2015 The deadline for the national report is 27 October 2014 The deadline for the submission of information by the stakeholders (NGOs, NHRI) is 1 st June 2014 ACCOUNTABILITY / OVERSIGHT Outcome of the UPR Presentation of the UPR Outcome by the Executive to the Parliament / Examination of the Outcome by Parliament Vouluntary mid-term report on the status of implementation of accepted recommendations National Report for the 2 nd cycle (including new developments since the previous review and status of implementation of accepted recommendations (deadline 27 October 2014) Presentation of voluntary mid-term report by the Executive to the Parliament and to the Human Rights Council / Examination of voluntary mid-term report by Parliament Presentation of National Report for the 2 nd cycle by the Executive to the Parliament / Presentation of National Report for the 2 nd cycle to the UN Human Rights Council (Jan./February 2015) REPRESENTATION Consultation with all stakeholders in the follow up of the UPR Parliament supports the awareness rising and dissemination of the information on UPR Outcome and Follow up / Parliament supports the diversity of contribution from stakeholders in its deliberations on the UPR

31 31 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO LEGISLATIVE (GENERAL) Example of accepted UPR Recommendation Status of Implementation Enact and implement outstanding bills and policies to fulfil its obligations under international human rights instruments to which it is a party (Canada); Finalize its reform of the Penal Code as rapidly as possible, and improve conditions of detention, in particular combating prison overcrowding (France); Enact the Children s Protection and Welfare Bill 2004 (Australia); Include in the Children s Protection and Welfare Bill the prevention of the worst forms of child labour and the provision of equal access to education for all children (United States);

32 32 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO THE WORK OF LESOTHO PARLIAMENTARY COMMITTEES Parliamentary Committee Example of accepted UPR Recommendation Status of implementation National Assembly - Portfolio Committees A. Portfolio Committee on the Social Cluster, responsible for the ministerial portfolios of Health and Social Welfare, Education and Training, Gender, Youth, Sport and Recreation; Continue to strengthen its education policy, with international cooperation and technical assistance, enabling the required infrastructure to provide an inclusive education that meets the needs of its people, in conditions that guarantee full equality in terms of access (Bolivarian Republic of Venezuela); Continue to strengthen its poverty eradication strategies, as well as programmes aimed at improving maternal health and conditions of employment, including the need to obviate child labour, particularly for those children orphaned by the HIV and AIDS pandemic (South Africa); Prioritize enacting a Domestic Violence Bill (United Kingdom); enact legislation to address domestic violence (Canada); B. Portfolio Committee on Law and Public Safety Cluster, responsible for the ministerial portfolios of Finance and Development Planning, Trade and Industry, Co-operatives and Marketing, Employment and Labour, Agriculture and Food Security; Take the measures necessary to protect children from hazardous work in the informal sector (Germany)4;

33 33 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO THE WORK OF LESOTHO PARLIAMENTARY COMMITTEES Parliamentary Committee Example of accepted UPR Recommendation Status of implementation National Assembly - Portfolio Committees C. Portfolio committee on Law and Public Safety Cluster, responsible for the ministerial portfolios of Home Affairs and Public Safety, Justice, Human rights and Rehabilitation and of Law and Constitutional Affairs; Intensify efforts to conclude the submission of overdue reports to the various treaty bodies (Spain); Incorporate international human rights instruments into domestic law, including the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child (Australia); Integrate the various regional and international human rights instruments to which it is a party into its domestic legislation, particularly concerning torture, the state of prisons, freedom of the press and of assembly, child welfare, gender equality and so on (Chad); Review the legislation related to the minimum age of criminal responsibility in order to comply with international standards (Slovakia); Elaborate and promote a national human rights plan that integrates all of its administration, harmonizes its internal legislation with its international obligations, includes awareness-raising programmes on diverse human rights subjects, links public and private actors in its defence and guides its public policies with strategies to protect human rights, in order to achieve greater systematization of its human rights action (Spain);

34 34 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO THE WORK OF LESOTHO PARLIAMENTARY COMMITTEES Parliamentary Committee Example of accepted UPR Recommendation Status of implementation National Assembly - Portfolio Committees D. Portfolio Committee on Natural Resources, Tourism and Land Cluster, responsible for the ministerial portfolios of Natural Resources (Water, Lesotho Highland Water Project, Meteorology, Energy and Mining), tourism, Environment and Culture, Forestry and Land Reclamation, and Public Works and Transport; E. Portfolio Committee on the Prime Minister's Ministries and Departments, Governance, Foreign Relations and Information, responsible for the ministerial protfolios of Local Government, Foreign Affairs, Communication, Information, Broadcasting, Science and Technology, Public Service, Defence and National Security, and Parliamentary Affairs Pursue aggressively its efforts to achieve its goals stated in the Vision 2020, through effective international cooperation and technical assistance (Ethiopia); * Lesotho s Vision 2020 identifies seven pillars of development including: democracy, unity, peace, education and training, economic growth, management of the environment, and advancement in technology Implement measures to permit State-owned media to operate independently and at arm s length from government (Canada); Adopt the Media Policy in Parliament (Norway);

35 35 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO THE WORK OF LESOTHO PARLIAMENTARY COMMITTEES Parliamentary Committee National Assembly - Sessional Select Committees (3) HIV and AIDS Committee: The committee's membership shall be determined by the Business Committee. The committee shall ensure the facilitation of a broad-based Parliamentary advocacy, debate and discussion; formulate, oversee and monitor policy and legislation on HIV and AIDS through a process of facilitation, training and information exchange; prepare and table occasional reports before the House. The committee may call for papers, seek expert advice and hear testimonies and oral evidence which may, by resolution of the committee, be recorded and transcribed Redouble efforts in the field of primary, secondary and tertiary prevention of HIV/AIDS in order to drastically reduce its prevalence, especially among women and children (Argentina);

36 36 PARLIAMENTS AND HUMAN RIGHTS FOLLOW UP AND IMPLEMENTATION OF UPR RECOMMENDATIONS THE ROLE OF THE PARLIAMENT OF LESOTHO THE WORK OF LESOTHO PARLIAMENTARY COMMITTEES Parliamentary Committee Senate Committees Committee on MDGs: Terms of Reference for the Senate Committee on the MDGs and Sustainable Development Function and Scope of the Committee. The committee shall: 1. Be familiar and knowledgeable with the MDGs. 2. Facilitate broad based parliamentary advocacy, debate and discussion of MDG and sustainable development issues including the post 2015 development framework. 3. Play watchdog role providing a platform for Parliament to monitor and evaluate Government programmes and initiatives toward achieving the MDGs by Scrutinize development policies, projects, budget and legislative bills related to MDGs and sustainable development. 5. Arrange workshops and stakeholder forums where the Executives implementation of MDG policies and plans is reviewed. 6. Facilitate public participation of a broad range of stakeholders in committee activities through public hearings and outreach programmes. 7. Prepare and table occasional reports on committee inquiries, findings and recommendations before the Senate. 8. Perform any other functions, tasks and duties as may be resolved by the Senate. 9. Tracking National MDGs progress and other MDGs related reports and projects. Example of accepted UPR Recommendation Continue its effective measures to fight poverty, in particular through the pursuance of its Interim National Development Framework towards the attainment of the ideals under the country s Vision 20/20, and also to meet the Millennium Development Goals targets (Botswana); Issue

37 37 PRACTICES CANADA: PARLIAMENTARY COMMITTEES AND HEARINGS ON INTERNATIONAL AND NATIONAL HUMAN RIGHTS OBLIGATIONS The Standing Senate Committee on Human Rights (SSCHR) Standing Committee on Foreign Affairs and International Development s Subcommittee on International Human Rights

38 38 PRACTICES: CANADA The Standing Senate Committee on Human Rights (SSCHR) The Standing Senate Committee on Human Rights has a mandate to deal with such issues relating to human rights generally as may be referred to it by the Senate. Within this broad policy field, the committee focuses on examining, exploring and monitoring issues of human rights, including: Educating the public and ensuring the proper application of, and adherence to, international human rights principles and laws; Ensuring that federal legislation and policies are properly applied and adhere to the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act; Encouraging and managing the balance between security and other human rights concerns in the post-9/11 context; Providing a forum for dialogue on human rights issues in the federal and provincial spheres; and Monitoring and seeking to ensure the equal treatment of members of minority groups.

39 39 PRACTICES: CANADA The Standing Senate Committee on Human Rights (SSCHR) The latest report of the SSCHR entitled The implementation of international human rights treaties was published in June 2013 The Committee has continued to monitor the implementation of international human rights treaties in Canada and held hearings pertaining to the United Nations Human Rights Council on 6 February 2012 and to the United Nations Convention on the Rights of the Child on 25 March During these hearings, we heard from representatives from the Government of Canada, members of civil society organisations and other experts. The Committee previously recommended in its 2012 report, Canada and the United Nations Human Rights Council: Charting a New Course, that the Government of Canada ensure that its operations in relation to its human rights treaty obligations are more transparent and open to public scrutiny. We recommended the creation of a central public database on the Internet to inform Canadians about: the status of Canada s accession to or ratification of international treaties; any public consultations that will be held in this respect; any programs designed to meet Canada s human rights treaty obligations; and information pertaining to reports and complaint mechanisms. We also recommended that the Government of Canada immediately develop a plan for its next Universal Periodic Review preparations that would outline a process to ensure open and transparent, timely and substantive engagement with civil society, Aboriginal peoples organizations, parliamentarians, and the Canadian public with respect to Canada s human rights obligations.

40 40 PRACTICES: CANADA Standing Committee on Foreign Affairs and International Development s Subcommittee on International Human Rights In 2010, the Standing Committee on Foreign Affairs and International Development s Subcommittee on International Human Rights published its report: Canada s Universal Periodic Review and Beyond Upholding Canada s International Reputation as a Global Leader in The Field of Human Rights. Report of the Standing Committee on Foreign Affairs and International Development. Subcommittee on International Human Rights, November Government Response to the Report of the House of Commons Standing Committee on Foreign Affairs and International Development: Canada s Universal Periodic Review and Beyond Upholding Canada s International Reputation As A Global Leader In The Field Of Human Rights

41 41 PRACTICES: CANADA DISSEMINATION OF INFORMATION BY THE PARLIAMENT The Parliament has also published background notes on the UPR and other mechanisms on its website including on Canada s Second Universal Periodic Review Before the UN Human Rights Council (April 2013) and Government of Canada Responsibilities for Domestic and International Human Rights Walker, Julian. Canada s Second Universal Periodic Review Before the UN Human Rights Council, Publication no E. Parliamentary Information and Research Service, Library of Parliament, Ottawa, 24 April Walker, Julian. Government of Canada Responsibilities for Domestic and International Human Rights. Publication no E. Parliamentary Information and Research Service, Library of Parliament, Ottawa, 15 September

42 42 PRACTICES SOUTH AFRICA Coordination of policy and legislative work through a cluster system President s Performance Agreements with Cabinet Ministers on implementation of international human rights obligations

43 43 PRACTICES: SOUTH AFRICA Coordination of policy and legislative work through a cluster system: Often by design or coincidence, the policy and legislative mandates of various government departments are cross-cutting and /or mutually reinforcing. In recognition of the fact, with a view to maximizing the benefits thereof [ ] government coordinates its policy and legislative work through a cluster system, which brings together government departments with policy and legislative mandates that tend to cut across or mutually reinforce each other (South Africa National Report for the UPR 2 nd Cycle)

44 44 PRACTICES: SOUTH AFRICA President s Performance Agreements with Cabinet Ministers on implementation of international human rights obligations: In order to strengthen the new performance monitoring and evaluation system, the President signed Performance Agreements with Cabinet Ministers to ensure the achievement of national goals and the fulfilment of South Africa s international obligations as a State Party to the South African Development Community (SADC), African Union (AU) and United Nations (UN) international human rights instruments and other multilateral bodies. (South Africa National Report for the UPR 2 nd Cycle)

45 45 PRACTICES GHANA National Anti-Corruption Action Plan

46 46 PRACTICES: GHANA National Anti-Corruption Action Plan: To further combat corruption in the public sector, a work plan which will pave the way for the execution of an anticorruption project has been prepared. The work plan is intended to improve and strengthen the anti-corruption regime in the country. To that end, the Ministry of Justice has initiated the process for the passing by Parliament of the following: The Public Officers (Code of Conduct) Bill which will regulate the conduct of public officers in the course of their employment. This Bill seeks to give effect to Chapter 24 of the Constitution which relates to the code of conduct for public officers and domesticates the United Nations Convention against Corruption, and the African Union Convention on Combating Corruption. The Bill is before Parliament. An anti-corruption manual has also been published, and it serves as an educational tool to create awareness about corruption. The manual was officially launched on 1st June, The Whistleblower (Amendment) Bill to broaden the scope of the law and plug loopholes in the Whistleblower Act, 2006 (Act 720) is also before Parliament (Ghana National Report for the UPR 2 nd Cycle)

47 47 PRACTICES BOTSWANA Parliamentary motion on the establishment of an Independent Police Complaints Commission (IPCC)

48 48 PRACTICES: BOTSWANA Parliamentary motion on the establishment of an Independent Police Complaints Commission (IPCC): In March 2011 the Parliament of Botswana adopted a Parliamentary motion on the establishment of an Independent Police Complaints Commission (IPCC) for Botswana. A Task Team was constituted inclusive of the Ministry of Defence, Justice and Security to conduct a study and make proposals to Government on the processes and systems relevant for the establishment of an IPCC. As a follow-up the Botswana Police Service Act is to be amended to make provision for the establishment of the IPCC, expected to be passed by Parliament in November (Botswana National Report for the UPR 2 nd Cycle)

49 49 Examples of HRU Initiatives Support and technical assistance to the participation of a Member of Parliament of Antigua and Barbuda on the HRC 23 rd regular session Panel discussion on the contribution of parliaments to the work of the Human Rights Council and its UPR (29 May 2013). Caribbean Regional Seminar on the role of Parliamentarians in the promotion and protection of human rights, in Port-of-Spain, Trinidad and Tobago, 4-6 March Upcoming: Africa Regional Seminar on the role of Parliamentarians in the promotion and protection of human rights, Seychelles, November 2013.

50 50 CONCLUSION Need to strengthen the capacity of Parliaments and parliamentarians to fully play their role in the promotion, protection and realisation of human rights Creation of regional networks of parliamentarians to support the exchange of practices (e.g. Commonwealth Caribbean Parliamentary Human Rights Group (CCPHRG)) HRU will continue to support capacity building initiatives and networks of parliamentarians in cooperation with its partners, including CPA, IPU and OHCHR

51 51