Statement by Ivan Šimonović, Assistant Secretary-General for Human Rights at the National human rights institutions seminar “NHRIs and conflict”, New York, 17 June 2016

Mr. Deputy Secretary-General, <br
UN colleagues, <br
Madame Chairperson, <br
Ladies and Gentlemen, <br
These are challenging times: Tensions and deadly conflicts are increasing in various parts of the world, resulting in scores of victims and large-scale displacement. Extremisms of all kinds are on the rise. The space for civil society and journalists is rapidly shrinking. Those working in defence of human rights – including NHRIs – are intimidated, harassed, and even attacked. <br
Is this a mere coincidence? I would say no. What we are witnessing has systemic reasons - it is a result of the stark discrepancy between aspirations of people and the realities they are facing. People today are better educated, have access to more information than before, and can mobilise more easily via social media. They have greater awareness of their human rights and entitlements. But the reality they live in is often very different – namely one marked by discrimination, corruption, human rights violations, impunity, and lack of opportunities. Governments that are unwilling to undertake reforms to deliver on the aspirations of their peoples often resort to repression and silencing of dissent. And this only leads to more instability, radicalisation and potentially violence. <br
Some of you here in this room are from NHRIs. I commend you for the important work you are doing, in spite of the increasingly challenging environments in which you operate. <br
In particular in times of tensions and conflict, NHRIs compliant with the Paris Principles have a unique role. It is crucial for NHRIs to engage at all stages of the conflict cycle: in preventing it from happening in the first place; by engaging during the conflict through mediation, peace-making and peace-building efforts; and in the post-conflict period by protecting equal rights of all and by preventing victor’s justice and the reoccurrence of conflict. <br
Ladies and Gentlemen, <br
Human rights violations are often early warning signs of even greater troubles ahead. When detecting such signs, NHRIs should immediately contact government representatives, army and law enforcement representatives to express concern and call for action. NHRIs should join efforts with civil society and academia in seeking to prevent further escalation. NHRIS can share experiences and learn from each other - some of them have even developed early warning mechanisms, which may be of use to others. <br
If conflict erupts, it is essential that NHRIs continue to carry out their mandate, while reaffirming their independence, integrity, and impartiality. NHRIs face additional challenges in times of conflict, such as the need to ensure that all conflict parties respect human rights and humanitarian law. They may even face security issues for their own staff and operations. I encourage NHRIs to maintain a visible presence in particular in conflict times – this reassures and provides protection to the victims. <br
It is important that NHRIs continue the important work in all circumstances and without exception. Activities may include monitoring, documenting, issuing public statements and releasing reports on human rights violations. <br
NHRIs should undertake systematic follow up, and continuously advocate for implementation of their recommendations – this is to ensure the protection of those whose rights have been violated. <br
Let us also remember the longer-term value of monitoring through NHRIs: the collection of data, investigation of allegations, and receiving of complaints is essential to restore justice, to ensure effective remedies and to combat impunity. This is fundamental for securing sustainable peace. <br
During conflict, NHRIs should pay particular attention to marginalized groups, as they become more vulnerable to, or even specific targets of, human rights violations. NHRIs must be the voice of the voiceless. I encourage them to share information and best practices on how to support these groups, including on their access to justice and effective remedies to address human rights violations. <br
Ladies and Gentlemen, <br
As we are all aware, conflict does not void the obligation of States to respect international human rights law. The protection of the rights of all must prevail in these difficult times. I urge NHRIs to vigorously monitor that exceptional measures – such as derogations of certain well defined human rights obligations – taken by State authorities during conflict are necessary, proportionate and time limited. <br
In situations of conflict, NHRIs may themselves be the subject of intimidation and threats. Even in such times of hardship, I appeal that NHRIs continue to fulfil their mandates. If and when needed, they should call upon regional networks, the Global Alliance of NHRIs (GANHRI) and the international community, including the UN human rights office, for assistance. <br
Once the conflict has ended, it is extremely important that NHRIs continue to monitor and report on human rights violations - this is a key element in the process of healing and reconciliation and strengthening of judicial and accountability mechanisms. It also contributes to the development of human rights compliant security forces and a vibrant civil society. NHRIs may be called on to assist in transitional justice processes and advice on the establishment of peace building mechanisms including truth commissions. Some peace agreements have permitted the establishment of NHRIs – as in the case of Northern Ireland – therefore setting the framework to prevent future outbreaks of conflict. <br
Thanks to the broad human rights mandate of NHRIs, they can play an important role in advancing transitional justice goals, facilitating reconciliation as well as promoting of the rule of law and accountability. This was recognised in Human Rights Council resolution 9/10 on human rights and transitional justice. Together with courts, NHRIs are a natural partner to ensure prosecution of perpetrators of gross violations of human rights. In seeking to advance justice, I encourage NHRIs to explore comprehensive approaches – as proposed in the HRC resolution – to incorporate the full range of judicial and non-judicial measures. This can include individual prosecutions, reparations, truth-seeking and institutional reforms. <br
In addition to their role in advancing post-conflict justice and reconciliation, NHRIs are well-placed to help to re-establish a human rights culture and the rule of law. <br
Ladies and Gentlemen, <br
Let me conclude: Is what I have described a mission impossible? Difficult yes, but impossible - no. I wish you fruitful discussions and information-sharing. But even more importantly, I wish all NHRIs success in their challenging work, and I call on the rest of us present here - Member States, United Nations, civil society – to step up our support to them. We need them, and they need us.