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
On 20 July 2018, CEDAW signed a framework of cooperation with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Under this framework of cooperation, CEDAW and the Special Representative of the Secretary General on Sexual Violence in Conflict seek to advance the rights of women and girls by combating conflict-related sexual violence and supporting the implementation of the United Nations Security Council resolutions on women, peace and security and CEDAW’s General Recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. Based on the framework of implementation, CEDAW and the SRSG-SVC have exchanged information on countries of concern that the two entities have been seized of under their respective mandates. In 2018 OHCHR supported the mandate of the UN Special Rapporteur on trafficking in persons, especially women and children, on her thematic report to the General Assembly on the gender dimension of trafficking in persons and on integrating a human rights- based approach to trafficking in persons in the women, peace and security agenda of the Security Council, where she strengthened the link between trafficking in persons and conflict-related sexual violence(A/73/171)
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 Kosovo, OHCHR conducted research on potential conflict related SGBV (Sexual and Gender Based Violence) survivors among non-majority communities in Kosovo. The research included desk review of all relevant documents, meetings and interviews with all stakeholders that might possess information including governmental entities, victim associations, international organizations and religious communities. It enabled access to information about 51 potential non-majority survivors. The follow-up consist in contacting survivors and facilitating verification of status and subsequent access to reparation programs.
The "Secretary-General Guidance Note on Reparations for victims of Conflict-related Sexual Violence" was launched in June 2014 by OHCHR and UN Women. The implementation of the note has been promoted in a number of contexts and has resulted into legislative revision (Kosovo), introduction of a specific reparation programme (Moldova) and pilot assistance programmes for victims (DRC).
OHCHR advocated the adoption of laws for reparations of survivors of sexual violence and worked to strengthen capacities of national rule of law and justice actors in order to address impunity for conflict-related sexual violence. OHCHR’s Guidance Note on reparations for victims of conflict-related sexual violence was published in June 2014 during the UK Summit on Sexual Violence in Conflict. This guidance note provided policy and operational guidance for Member States, UN agencies, development actors, and civil society organizations regarding reparations for victims of conflict-related sexual violence. In 2015, OHCHR provided support to strengthen the capacity of human rights component in Mali to monitor and investigate conflict-related sexual violence. Inputs and comments were provided on legislation on sexual gender based violence in a variety of countries to ensure compliance with international norms (including in Zambia, Belarus Bolivia, Paraguay, Chile, Somali, and Papua New Guinea). As part of the Team of Experts on the Rule of Law on Sexual Violence in Conflict, OHCHR continued to provide technical advice and capacity-building assistance to national authorities in addressing accountability for conflict-related sexual violence (in Central African Republic, Colombia, Côte d’Ivoire, the Democratic Republic of the Congo, Guinea, Liberia, Somalia and South Sudan).
UNODC was involved in the work of the global focal point for police, justice and corrections in post-conflict and other crisis situations, in relation to joint field missions, planning and programming, and in strategic and operational discussions at headquarters. Led by UNDP and the Department of Peacekeeping Operations, in partnership with Office of the United Nations High Commissioner for Human Rights (OHCHR), UN-Women and UNODC, the global focal point supports UN country presences in mission and non-mission settings.
As a member of the Team of Experts, OHCHR supported efforts to strengthen the capacity of national rule of law and justice actors to address impunity for conflict-related sexual violence.
OHCHR supported fact-finding missions and Commissions of Inquiry which, inter alia, look into violence against women including sexual violence in Mali, and Central African Republic. In October 2013, OHCHR, in collaboration with UN WOMEN, organised a meeting to review efforts to strengthen expertise of Commissions of Inquiry and Fact-Finding Missions in the area of sexual and gender-based violence.