A/HRC/43/37
information on shortfalls or barriers to further progress, and request international
capacity-building and technical assistance to help them overcome such barriers. It will
also provide a space for recipients of international support for human rights capacitybuilding and technical assistance to report back regularly to their international
partners and give them an opportunity to document good practices.
61.
The creation of a mechanism combining all the existing efforts and initiatives to
enhance the implementation of human rights recommendations would be invaluable.
It is therefore recommended that the Council set up a human rights recommendations
implementation facility,16 to be administered by OHCHR. States could seek support to
assess their specific needs and to identify possible partners to help them meet those
needs, including through the development and delivery of assistance and support for
capacity-building. Training materials, case studies, and information on good practices
would be made available. In addition, assistance to States would be provided to
facilitate access to assistance from regional and multilateral agencies, bilateral donors
and other stakeholders offering various programmes, as appropriate, with a view to
ensuring a comprehensive and holistic approach to the implementation of human
rights recommendations. In addition, the facility would advocate with States for
increased funding for the funds administered by OHCHR, to be made available to
States that cannot meet their human rights obligations through other means.
Furthermore, the facility would use the proposed voluntary platform for dialogue and
cooperation on human rights capacity-building and technical cooperation to enhance
dialogue and cooperation for the implementation of human rights recommendations
under agenda item 10. The facility would operate under the guidance of a governance
structure, consisting of an advisory committee composed of one member from each
region. Such a committee would draw up application procedures for assistance by the
facility, develop detailed criteria for assistance and screen all requests.
C.
Need for enhanced early warning/action capacities
62.
In assessing the preventive role of the Council and its mechanisms, due regard
should be given to their capacity to respond promptly to human rights emergencies, in
line with General Assembly resolution 60/251. Such capacity first requires sufficient
information through early warnings about emerging situations of concern. In addition,
the type of situations that should trigger early warnings needs further definition.
Within the Council, there have been proposals for a range of criteria, including calls
to action by the Secretary-General, OHCHR or special procedures; whether a State
facilitates or obstructs the access of humanitarian actors, human rights defenders and
the media; and whether a State cooperates with treaty bodies and the Council. While
these are useful signals, the first requirement ought to be the existence of a pattern,
rather than isolated instances, of human rights violations. Furthermore, violations
must be of a serious or grave nature. Thus, spikes in enforced disappearances,
extrajudicial killings or emerging patterns of torture and ill-treatment should trigger
attention. The targeting by State or non-State actors of human rights defenders,
journalists or civil society organizations, who are often the main transmitters of
information about human rights emergencies, is also of particular concern as this may
also lead to information about any deterioration in the situation not reaching the
international community.
63.
The Council’s mechanisms have an early warning potential. The High
Commissioner also has a critical role to play in bringing early signs of human rights
emergencies to the attention of the Council. She does so through statements delivered
at the start of each Council session, as well as under agenda item 2. Nevertheless, the
early warning capacity of her Office should be strengthened through the setting up of
a roster of human rights experts available for deployment at short notice, notably to
investigate human rights violations, and through increased capacity to receive and
thoroughly analyse early warning signs emanating from all sources, including from
special procedures, national human rights institutions, civil society, human rights
16
14
This could be modelled along the lines of the Trade Facilitation Agreement Facility of the World
Trade Organization.
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