Office of the United Nations High Commissioner for Human Rights
Palais Wilson. 52 rue des Pâquis. CH-1201 Geneva, Switzerland
Background
The Office of the United Nations High Commissioner for Human Rights (OHCHR), guided by the mandate provided by General Assembly resolution 48/141, OHCHR represents the world’s commitment to the promotion, protection and realization of the full range of rights and freedoms set out in the Universal Declaration of Human Rights.
OHCHR has a central role in safeguarding the integrity of the three pillars of the United Nations: peace and security, human rights and development. For the four year period from 2018-2021, the Office has identified six thematic pillars, four major shifts, with person centered spotlighting particularly women, young people and persons living with disabilities. The six thematic pillars that
from the continued solid base on which the work of the Office stands include (1) Support to the United Nations human rights system; (2) Mainstreaming human rights within the United Nations other pillars, namely development and (3) peace and security; (4) Advancing the core human rights principles of non-discrimination, (5) accountability, (6) participation. The Four major ‘Shifts’ in OHCHR mandate focus on key threats to rights and key opportunities for leveraging support to better protect and promote rights. This means that across our six thematic pillars, OHCHR will also work to take steps to help prevent conflict, violence and insecurity; Help protect and expand civic space; Support and further develop a global constituency for human rights; Deliver human rights in the context of emerging concerns (‘frontier issues’).
All the six areas have a strong focus on women’s human rights and gender issues, including in line with OHCHR internal policies on gender equality and the Secretary General System Wide Strategy on Gender Parity.
Institutionally, OHCHR is committed to strengthening the United Nations human rights programme and to providing it with the highest quality support. OHCHR is committed to working closely with its United Nations partners to ensure that human rights are at the center of the work of the United Nations.
Policy framework
See gender-related resolutions and decisions of the General Assembly, Security Council and Human Rights Council, and relevant subsidiary bodies.
Areas of Focus
The mission of OHCHR is to work for the protection and promotion of all human rights for all people; to help empower people to realize their rights; and to assist those responsible for upholding such rights in ensuring that they are implemented. In carrying out its mission with respect to violence against women, and within the overarching strategies to ensure country engagement, leadership, partnership, and support and strengthening of the Office and the human rights machinery, OHCHR is focusing on:
*Gender sensitive administration of justice, through the provision of expert legal analysis of international (and, where appropriate, regional and national) jurisprudence with commentary, relating to the effective prosecution of gender-based violence as well as legal analysis of obligations in relation to social and economic rights and the impact of the enjoyment of such rights for women on access to justice for victims of sexual violence.
*Piloting of integrated and thematic gender strategies for country engagement, including on violence against women.
*Mainstreaming gender and women’s human rights in OHCHR and with UN system partners.
OHCHR is an active member of UN Action against sexual violence in conflict. Since August 2008, the Coordinator for UN Action Against Sexual Violence in Conflict, previously based with UNIFEM in New York, is hosted on OHCHR premises in Geneva. Since 2009, OHCHR has chaired the Resource Management Committee of the UN-Action Multi-Donor Trust Fund.
Human rights monitoring and investigations, including in relation to sexual violence, are also key features of the field presences of the Office of the High Commissioner for Human Rights (OHCHR), particularly country offices and human rights components of UN peace operations.
Monitoring of the human rights situation, including advocacy and public reporting, is a fundamental tool for OHCHR to assess human rights problems, support the identification of adequate solutions, promote accountability and deter further violations. In particularly serious human rights violations including collective rape cases, the Office also conducts human rights investigations, by conducting detailed interviews with victims and witnesses, when possible visiting the location of the violations, and undertaking circumstantial analysis of facts, mapping of perpetrators to promote accountability through follow up with judiciary authorities.
OHCHR supportsthe Human Rights Council and its special procedures, including the Special Rapporteur on violence against women, its causes and consequences, the Working Group on discrimination against women in law and in practice, and the Special Rapporteur on trafficking in persons, especially in women and children, as well as human rights treaty bodies, including the Committee on the Elimination of Discrimination against Women.
In its’ work, the Committee on the Elimination on the Discrimination against Women (CEDAW) urges States parties to give priority attention to eliminating all forms of violence against women and to adopt comprehensive measures to address it in accordance with the Committee’s general recommendation No. 35.
Resources
Report on laws discriminatory to women, prepared by Dr. Fareda Banda, 2009
Commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking
In Serbia, OHCHR organised and facilitated capacity building training sessions, including on topics of VaW and gender-based violence for Government officials.
In Colombia, OHCHR continued to strengthen its capacity to address sexual and gender based violence in conflict-affected areas, in the context of the Peace Agreement implementation. This included training sessions on the use of SGBV reference documents, such as the sexual violence case investigation manual and a practical guide to understanding the protocol to follow in the context of SGBV.
In the margins of CSW62 in March 2018, OHCHR organised a consultation bringing together international and regional women’s rights mechanisms to exchange experiences and practices in the protection and promotion of women’s rights. Another event was held on “Defending the Right to Life: Securing Accountability for Violence against Women and LGBTI Persons during Conflict” in support to the SR on summary extra judiciary killings.
In Mali, OHCHR training military and government officials in relation to the prevention of CRSV by Malian actors. In 2017, 446 security officials, 132 members of the civil society organizations and 89 officials of the governmental institutions were trained to address and prevent CRSV.
In Ukraine, OHCHR documented and reported instances of CRSV, affecting women and men, both in the territory controlled by armed groups, and in Government-controlled territory. Following the release of the report in February 2017, OHCHR in Ukraine participated in 15 events to present the key findings of the report and recommendations. Overall approximately 495 people participated in these events at national and local levels from various groups – civil society, State institutions, international community. The report was instrumental to get the Government commitment to work towards addressing CRSV. OHCHR and UN Women helped the Government to develop the Strategy to prevent and address CRSV. In 2018, OHCHR and UN Women will continue joint work to integrate the developed Strategy to prevent and address CRSV into 1325 National Action Plan.
OHCHR-Guatemala provided technical assistance and closely followed up on key transitional justice cases in the country related to sexual violence committed during the armed conflict. This includes the Sepur Zarco case, in which two ex-military officials were found guilty (affirmed on appeal in July 2017), of crimes against humanity in the form of sexual violence and slavery against Q’eqchi’ women during the armed conflict and the ongoing Molina Theissen case, which involves the alleged 1981 rape of Emma Molina Theissen and the disappearance of her 14-year-old brother.
In 2017, the WG Discrimination against women and the Special Rapporteur on VAW sent out at least 71 communications on individual cases and legislation/policies not complying with international human rights law.
In Honduras, OHCHR has been monitoring cases of domestic violence, and the protection mechanisms for victims, including through protection shelters for women and girl’s victims or survivors of gender-based violence in several cities.
In CAR, OHCHR developed protection measures for victims of sexual violence and through engagement with key GBV actors.
In Haiti, OHCHR provided life skills trainings, psychosocial and rehabilitation activities for about 150 women in detention.
In Guatemala, 2017 OHCHR carried out monitoring on the human rights situation of women working in Guatemala’s two larges employment sectors - the textile industry (sweatshops) and agriculture – including with respect to situations of violence and a violation of labour rights. The Office also worked closely with the Ministry of Labour to address these issues, such as through joint labour inspections and the development of action protocols.
In Mali, OHCHR managed to fully establish the Monitoring, Analysis and Reporting Arrangements (MARA) technical working group and strategic group that provides systematic, timely, reliable, and objective information on conflict-related sexual violence (which in Mali affects essentially women).
OHCHR is currently engaged in the development of the UN policy on conflict-related sexual violence for peace operations.
In Ukraine, OHCHR jointly with UN Women led the drafting and finalisation of the UN Country Team Submission to the CEDAW Committee. It also participated in the consultations organised CSOs shadow reports to the CEDAW Committee. The Office thereby participated in the confidential briefing of the CEDAW committee, which led to the insertion of some of their recommendations in the Committee concluding observations – followed by the dissemination of the recommendations.
In 2017, OHCHR supported the elaboration by the CEDAW of General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, including through the active participation of the Special Rapporteur on violence against women. Support was also provided for the development of global compact for safe, orderly and regular migration envisaged in the New York Declaration for Refugees and Migrants (A/71/1) of the General Assembly. Including during the Fifth Informal Thematic Session on “Smuggling of migrants, trafficking in persons and contemporary forms of slavery, held on 5 September 2017 in Vienna. Besides this, the SRVAW campaigned for the inclusion of the human rights aspects of possible victims of trafficking, especially women and children from among migrants and refugees, via high-level bilateral discussions.
In Ukraine, OHCHR is part of the UN Gender Theme Group (GTG) comprising all UN agencies and was involved in the 16-days of Activism against gender-based violence Campaign as a part of the UNSG UNiTE campaign. OHCHR also contributed to the development of the prevention of and response Plan to sexual exploitation and abuse (PSEA) released in February 2018.
In Serbia, OHCHR contributed through the UN Trust Fund to support, jointly with UNW, a local NGO projects to combat violence against women living with disabilities in closed institutions.
In Honduras, in the framework of the 16 Days of Activism OHCHR was involved on advocacy campaigns to raise awareness about the impact of gender based violence on women human rights defenders.
In Haiti, OHCHR provided support to the chair of the PSEA Task Force (DSRSG) with substantial information continued working towards the prevention of sexual abuses and exploitation.
In Honduras, in September 2017, during a workshop organised with CEJIL for WHRD, a review of the main HR regarding of the interamerican and universal system regarding WHRD was developed. Also as part of their engagement in the drafting of the new Criminal Code, OHCHR provided technical assistance and accompaniment in their presentation of proposals before Congress, regarding crimes concerning violence against women and femicide.
In Gambia, OHCHR and the Government co-organized a workshop to adopt a national action plan on combatting VAW. The action plan enabled the inter-ministerial task force which acts as national mechanism on reporting and follow-up to treaty bodies
In Senegal, OHCHR in May 2017, a symposium with religious leaders on the rights of women and children in Islam using CRC and CEDAW recommendations as a basis for discussion. This event was particularly important to raise awareness on misperceptions about Islam and human rights and the importance of increasing knowledge on the human rights mechanisms where religious and traditional values play a major role and can have an impact on respect for human rights especially on Women and girl child.
In Liberia, OHCHR in efforts to support the Government in combatting impunity for SGBV crimes organized a consultative meeting in several cities with traditional and community leaders to discuss SGBV, its impact on society, and to establish linkages between remote communities and the formal SGBV response mechanisms through strong and engaged traditional and cultural structures.
At HQ level, OHCHR organised the following activities:
On 15 March, 2018 a side-event focusing specifically on sexual violence was organized at the HRC. The OHCHR Women’s Human Rights and Gender Section (WHRGS) provided support to the CoI by organizing a workshop with experts to help the Commission set-out its investigation plan on sexual and gender-based violence.
On 27 and 28 March, 2018 the WHRGS team hosted an expert workshop with various participants, such as UN entities and CSOs working on issues related to the protection of victims of sexual violence in a lessons learned exercise with the aim to identify best practices which will then be gathered in for internal and external use.
In Honduras, OHCHR organised several conference and meetings addressing challenges in combatting VAW, including sexual and reproductive health and rights, and the promotion of the work of women’s networks. It also organised information campaigns on gender based violence and women human rights defenders.
In Haiti, OHCHR funds helped for the development and production of communication tools (audio-visual)/ messages to build resilience and prevent natural disasters for groups and populations at risk with a gender approach.
In Liberia, during the International Day of Zero Tolerance for FGM, OHCHR and the UNCT provided support for the organisation of a conference on “Consolidating National Efforts against FGM’, with the participation of government officials, traditional and community leaders and other stakeholders.
In Haiti, priority is given during monitoring activities on collection of disaggregated data by sex on the number and proportion of persons held in police custody without charge for more than 48 hours.
In Guatemala, OHCHR carried out a study to analyse the judgments of the specialized tribunals on the crime of femicide and other forms of violence against women.
In CAR, OHCHR regularly monitors, analyses and reports on patterns and cases of conflict related sexual violence. Data collect and analysis have been done through gender and human rights perspectives owing to the consolidation of protection functions in peace missions
In Cambodia, OHCHR provided technical assistance for the drafting of a Law on Surrogacy in line with international human rights standards.
In Ukraine, OHCHR report on conflict related violence influenced the content of the amended the Criminal Code considered in December 2017 by the Parliament. In particular, a gender sensitive definition and the criminalization of sexual violence.
In Serbia, OHCHR provided substantive and legal advice for the drafting of and amendments to the Law on Domestic Violence and the Criminal Code.
In Honduras, OHCHR jointly with UNWomen, through technical assistance contributed to the strengthening of the definition of the crime of rape – in relation to the concept of “consent” – it also provided support for drafting a proposal on decriminalizing abortion in line with HR standards.
In Guatemala, OHCHR provided technical assistance to Congress in relation to draft bills both to support rights of women in the context of violence (such as the recently adopted reforms to the Criminal Code to prevent child marriage under 18 years) and to ensure that there are not regressions in this regard (draft bill 5272 to criminalize abortion).
In Haiti, OHCHR helped national stakeholders in identifying and addressing discriminatory laws against women for revision of the draft SGBV law in relation to the draft criminal code and criminal procedure code, in accordance with international standards.