A/HRC/43/31
I. Introduction
1.
The present report is submitted by the Advisory Committee to the Human Rights
Council pursuant to its resolution 37/23, in which the Council requested the Committee to
conduct a study on the role of technical assistance and capacity-building in fostering mutually
beneficial cooperation in promoting and protecting human rights, and to submit a report
thereon to the Council before its forty-third session.
2.
At its twenty-first session, the Advisory Committee established a drafting group
composed of Mohamed Bennani, Alessio Bruni, Ion Diaconu, Ludovic Hennebel, Xinsheng
Liu (Chair), Ajai Malhotra, Obata Kaoru, Elizabeth Salmon, Dheerujall Seetulsingh and
Changrok Soh. At its twenty-third session, the Committee heard presentations from experts
on the topic.
3.
In order to prepare the report, the Committee addressed a note verbale to States and
other stakeholders in which it invited them to provide input. A total of 15 States replied to
the invitation of the Committee: Australia, Canada, China, Côte d’Ivoire, France, Germany,
Japan, Kuwait, Mauritius, Morocco, New Zealand, the Philippines, the Russian Federation,
Switzerland and the United Kingdom of Great Britain and Northern Ireland. One human
rights institution and three non-governmental organizations also replied to the invitation.
II. Definition and history of technical assistance and capacitybuilding
4.
Technical assistance has been defined as a form of aid given to less developed
countries by, in particular, the international community, represented by the United Nations
and its specialized agencies and, to a lesser degree, by developed States and nongovernmental organizations.
5.
Capacity-building has been defined by the Handong Global University as the process
of developing and strengthening the skills, abilities, processes and resources that
organizations and communities need to survive, adapt and thrive in a fast-changing world.
6.
According to the Office of the United Nations High Commissioner for Human Rights
(OHCHR), technical cooperation refers to both technical assistance and capacity-building. It
is aimed at identifying and addressing knowledge and capacity gaps by facilitating
constructive dialogue and positive change with national counterparts. It is led by OHCHR at
the request and with the agreement of States, and includes a comprehensive assessment of
the situation of human rights in a given country, with a view to aligning laws, policies,
institutions and practices with international standards and obligations (A/HRC/27/41, paras.
8–9).
7.
Technical assistance and capacity-building may take different forms, such as training,
scholarships, the organization of seminars and conferences on specific subjects, or country
visits by experts.
8.
Technical assistance and capacity-building cover different fields and subjects, such as
improving domestic legislation and the administration of justice, monitoring political
elections, promoting economic and social development in general, agriculture, health,
education, employment, environment, training of public officials, improving places of
detention and treaty reporting.
9.
Technical assistance and capacity-building have a history that goes back to the
conference of San Francisco of 1945. States at that conference were aware that building and
maintaining peace and security in the world required the promotion of economic, social and
humanitarian development, especially of less developed countries, since there was a large,
even dangerous disparity in the level of development and standard of living between
developed and less developed countries.
10.
Since the United Nations and its specialized agencies cannot, however, provide direct
loans for financing investments and development projects in less developed countries, they
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