A/HRC/30/49
33.
A third challenge is the lack of adequate coordination between central and local
governments. A problem also arises where laws regarding the competence sharing between
central government and local government are not simple, accessible and clear. A clear-cut
division of powers between the different tiers of government is the precondition for the
establishment of accountability, and hence the precondition for the implementation of
human rights. It must become self-understood that every authority provided with public
powers has to respect, protect and fulfil human rights. The linkage between the exercise of
public powers and the observance of human rights is often/sometimes neglected at the local
level.
34.
A further challenge is the lack of information about the requirements resulting from
human rights at the local level. Every person in charge of the local government must be
aware of the obligations imposed by human rights. Often this awareness lacks a wellfounded knowledge about the content and the scope of human rights. As a result, many
local governments fail to understand and incorporate human rights into local policy and
practice. Efforts to increase human rights coordination are marred by a lack of
transparency.12
35.
The fifth challenge to local governments is the non-recognition of the role and
contributions from civil society. This is usually coupled with a lack of understanding of
human rights at the local government level. Failure to recognize and work with civil society
curtails efforts by local governments to reach marginalized communities.
36.
Another challenge to local government is the absence of human rights obligations in
the priorities of donor and international development agencies in the context of
decentralization. For example, in Indonesia, the International Monetary Fund, the World
Bank, the Asian Development Bank, the United Nations Development Programme and
other donor agencies promoted decentralization while disregarding human rights.13
VI. Human rights mechanisms at the local level
37.
The protection of human rights requires independent human rights mechanisms.
Such mechanisms may take different forms in different communities, and there are several
examples that could serve as a model for the implementation of human rights at the local
level – local ombudspersons, consumer complaints boards, patient injury boards, antidiscrimination agencies, etc. The competences and structures of these mechanisms can be
very diverse, but they must be seen as important means of safeguarding human rights and
handling citizens’ complaints at first instance. Importantly, the establishment of a local
human rights mechanism gives visibility to the role of local authorities in human rights
protection. In order for them to effectively discharge their functions, these should be
provided with sufficient human and financial resources and be accessible to everyone
within the respective locality.
38.
The European Charter for the Safeguarding of Human Rights in the City, adopted in
Saint-Denis in 2000,14 provides for the creation of ombudspersons as a prevention
12
13
14
10
Human Rights Institute, Columbia Law School.
Christopher Silver, “Do the donors have it right? Decentralization and changing local governance in
Indonesia”, in Globalization and Urban Development, Harry W. Richardson and Chang-Hee
Christine Bae, eds. (Berlin, Springer, 2005). Quoted in Report of the Special Rapporteur on Adequate
Housing, para. 25.
This important document is the result of the preparatory work initiated in Barcelona in 1998 in the
framework of the Conference “Cities for Human Rights”, which was organized to commemorate the
50th anniversary of the Universal Declaration of Human Rights. Hundreds of mayors and political
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