Address by Ms. Navanethem Pillay, United Nations High Commissioner for Human Rights to the Annual Meeting of the Coordination Council of sub-national Ombudspersons of the Russian Federation

National Human Rights Protection Systems:
the first ports of Call

St. Petersburg, 18 February 2011

Excellencies,
Distinguished Representatives,
Ladies and Gentlemen,

          I am grateful for this opportunity to address the Annual Meeting of the Coordination Council of sub-national Ombudspersons of the Russian Federation. Let me begin by conveying to you and to the Russian people my deepest condolences for the terrorist attack at Moscow's Domodedovo Airport. I condemn this deplorable and unjustifiable act of violence which is an assault against the most fundamental human right of all: the right to life.

          Whether perpetrated with such heinous flagrance, or carried out in less violent ways, or inflicted with subtly debilitating methods, human rights abuses challenge us to remain vigilant, to do our utmost to prevent them or, at a minimum, ensure that those responsible are brought to justice.

          National human rights institutions are one of the first lines of defence against abuse of human rights, and one of the first ports of call for the victims.

          It has been argued that democracies do not need NHRIs because checks and balances on human rights are provided by a plethora of other institutions.  Yet, since no country enjoys a pristine human rights record, NHRIs represent indispensible conveyor belts between government and civil society and between local, national and international human rights systems.  Today there are more than 100 NHRIs worldwide.

          These institutions facilitate a better understanding and a more expeditious absorption of international law into domestic legislation.  They typically help spot weak links in the national protection system and help devise appropriate measures and necessary reforms.  NHRIs are instrumental in connecting the dots between the various initiatives developed at all levels of societal interaction, including in the ever-expanding realm of regional human rights provisions and mechanisms. 

          In order to do so they need a robust mandate in full consonance with the “Paris Principles,” which are the main normative source for these bodies.  These principles establish the minimum standards that NHRIs should comply with to function effectively, including   independence, pluralism, and a broad mandate to protect and promote human rights.

          Amending traditional models, ombudsman institutions have recently expanded their public watchdog functions to include a specific human rights protection mandate, often in relation to rights set forth in national constitutions and legislation, and also international obligations.  Although the roles of the ombudsmen and NHRIs may differ, such distinction is becoming less pronounced.  The complaints received by ombudsman institutions may frequently dovetail with human rights concerns. Public authorities take action in areas that are extremely relevant for individuals’ enjoyment of human rights, such as education, housing, health care, and social services. 

          This approach is highly welcome because there is a constant need everywhere to give effect to long-established, as well as newly adopted, international human rights standards at the national level.  Indeed, the credibility of a national protection system stems from, and depends on being in consonance with, universal human rights.  These rights represent a common standard of achievement for all peoples and all nations and are applicable everywhere with no exceptions.  They are all interrelated.  Their connectivity and resonance with one another ensure that no aspect of human well-being—in the political, cultural, economic, social and cultural spheres—is neglected.
 

•           The vital process of absorbing human rights domestically is often hindered by the weakness or dysfunction of governing institutions, structural and institutional impediments, armed conflicts, and long-standing discriminatory laws. 
•           Corruption and lack of accountability also play a debilitating role.  Let me briefly expand on this concept, since many human rights abuses are connected with maladministration, administrative malfeasance, or a lack of government transparency and administrative impunity. The essential notion of procedural fairness, which underpins the administrative law standards ombudsman institutions are mandated to uphold, are thus key to protecting the rights of individuals in their interactions with public authorities.

          For these reasons, OHCHR regards the establishment and support of NHRIs and ombudsman offices in compliance with the relevant international standards as a high priority. 

          I have learned with great satisfaction of the close cooperation that my office in Moscow enjoys with many of the sub-national human rights institutions.  There are many areas that warrant intensification, or expansion of our interaction.

          We can share publications and information regarding human rights development of mutual interest at the community, national and international levels. I am also informed that OHCHR expertise could be brought to fruition regarding matters that concern the daily operations of ombudsman institutions, such as the rule of law, conditions of detention, and security sector reform. 

          In preparation for this visit, I have been made aware that you process a great number of petitions related to economic, social and cultural rights.  There, too, my office can extend assistance. We can also help you bolster societal understanding of how these rights are connected and enhanced by the enjoyment of civil and political rights, including public advocacy and citizen participation.

          Many ombudsman institutions are increasingly engaged in promoting human rights through educational activities and information programmes.  In this regard, I would like to draw your attention to the master’s degree in human rights program, the first in this country, which stems from an agreement linking OHCHR and three of Moscow’s universities.   Run over four semesters, this program will give students an opportunity to study abroad for one full semester to research their thesis, broaden their cultural horizons and gain practical experience.

          I encourage you to provide input into the course curriculum to make the acquisition of human rights skills ever more fine-tuned and responsive to the need of the Russian national protection system.  Ultimately, it is my hope that this innovative project will be consolidated in Moscow and can then also serve as a model for similar initiatives in other regions of the country and in the greater Commonwealth of Independent States region.

          This latter point brings me to note the unique experience of the Russian protection system at the regional level.  I am aware that 60 sub-national human rights institutions are operational here.   Territorial “diffusion” seems an apt model for vast countries and federal forms of state administration.  Other countries could also benefit from a similar system and learn from your experience.   I am thinking not only of large nations and those with decentralized administrative systems, but also of archipelago States that may be hard pressed to provide assistance from the capital to the peripheries of national territory.

          The intrinsic risk of this model is insularity, that is, a proclivity to concentrate only on pressing community problems and to be cut off from the larger human rights picture.  Certainly, sub-national institutions can get access to, and benefit from, the coordination and exchanges which take place at the international level through the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. 

          Let me also draw your attention to the September 2010 report of the Secretary-General in which he encouraged ombudsman, mediator and other human rights institutions to cooperate in order to better promote and protect human rights and to interact with the international and regional human rights mechanisms. I reiterate the Secretary-General’s call and encourage you to enhance your engagement with the United Nations treaty bodies and the special procedures mechanisms of the Human Rights Council. 

          In particular, you can submit information on the human rights situation in your constituencies as well as promote the implementation of these mechanisms’ recommendations at the local level.  For participation at the Human Rights Council, where the A status NHRIs have the right to submit documents or take the floor under any item of discussion, I appeal to the Federal Ombudsman to create space for the sub-national institutions to interact with this premier intergovernmental human rights body.
         
          In concluding, allow me to reiterate that the current challenges to the protection of human rights can only be effectively addressed if the international and regional human rights mechanisms, as well as all States, work hand in hand with a growing number of independent and effective national human rights institutions.  Closer partnership with civil society organizations is also a crucial component of protection systems.  

          My Office stands ready to facilitate such cooperation.   Our shared goal is to ensure that ever stronger national human rights protection systems are firmly in place to carry out their vital functions and thus to translate international norms into consistent national law and practices. 

          Thank you.