MOU between OHCHR and UNDPKO

MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS AND THE DEPARTMENT OF PEACE-KEEPING OPERATIONS

5 November 1999

The maintenance of international peace and security and international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all are purposes of the United Nations as defined by the Charter. Respect for human rights is itself fundamental to the promotion of peace and security, and a unified United Nations approach to these ends is essential to the fulfilment of these two Charter-mandated objectives. The protection and promotion of human rights are also essential elements of United Nations efforts to prevent conflicts, to maintain peace, and to assist in post-conflict reconstruction endeavours and - with due regard to the specific mandate of each peace-keeping operation - due attention to their human rights aspects is instrumental to the success of United Nations work in these areas. United Nations peace-keeping operations are increasingly multi-dimensional, with the frequent inclusion of human rights mandates and components, tasks and duties.

DPKO and OHCHR will, through enhanced cooperation, seek to increase the effectiveness of United Nations peace-keeping and human rights activities. To these ends, DPKO and OHCHR, in strengthening and expanding their cooperation, will seek to establish, institutionalize and maximize the mutual exchange of expertise, advice, information, training and support, drawing upon their respective capacities and mandates.

Human rights components of peace-keeping operations should normally combinemonitoring and promotion so as to ensure a comprehensive approach to human rights, in accordance with international human rights standards. The Security Council or the General Assembly, after considering recommendations by the Secretary-General, determines the specific mandate of a peace-keeping operation, including tasks relating to human rights. The early involvement of OHCHR in the planning and implementation of human rights activities by peace- keeping operations can contribute to the sustainability of the achievements of peace-keeping operations after their withdrawal.

The strengthening of national human rights structures and capacities can be an important element in ensuring the sustainability of the achievements of a peace-keeping operation after it withdraws. In such circumstances the early involvement of OHCHR, normally as part of the interdepartmental task forces established for countries in which a peace-keeping operation is being planned, is crucial. DPKO and OHCHR have agreed to the annexed statement of areas and methods of cooperation, which may be reviewed as required. DPKO and OHCHR will undertake a joint review of the implementation of the MOU one year after the date of signature.

Mary Robinson United Nations High Commissioner for Human Rights
Bernard Miyet United Nations Under-Secretary-General for Peace-Keeping Operations

ANNEX TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS AND THE DEPARTMENT OF PEACE-KEEPING OPERATIONS

A. Planning, design and establishment of human rights components of peace- keeping operations

1. In order to facilitate an integrated approach to peace-keeping and human rights at the earliest possible moment, consultations between DPKO and OHCHR shall take place at the planning stage of peace-keeping operations, it being understood that as the lead Department for peace-keeping operations, DPKO is responsible for planning the operation as an integrated whole, in consultation with other departments, offices, agencies, funds and programmes. OHCHR will participate in the interdepartmental task forces that are normally established for countries in which a peace-keeping operation is being planned or whose possible establishment is discussed, contributing proposals on the function and structure of the human rights component for the Secretary-General's reports to the Security Council on the establishment of new peace- keeping operations. It will participate, as appropriate, in assessment and preparatory missions conducted by DPKO related to the formulation of proposals for the establishment of such operations, especially as regards the human rights component of an operation.

2. Recruitment of the Head and other staff of the human rights components of peace-keeping operations shall be made through consultation between DPKO and OHCHR. OHCHR shall identify candidates for the available positions based on its roster of human rights officers, which shall be shared with DPKO. DPKO shall, as well, identify suitable candidates, who will be submitted to OHCHR for consultation.

3. DPKO and OHCHR shall work towards the establishment of a joint roster of qualified candidates of human rights staff to be considered for assignment to peace-keeping operations.

B. Institutional arrangements for human rights components of peace-keeping operations

4. Human rights components of peace-keeping operations shall be under the authority of the SRSG or Head of the operation and shall enjoy the same status as other components, including with regard to participation in the internal policy-making process and access to documentation. They shall benefit from substantive support and backstopping by OHCHR. This will include provision of relevant training, documentation, materials and methodological tools developed by OHCHR as well as advice as required. Staff of the human rights component of peacekeeping operations should feel free to communicate informally with colleagues at OHCHR in this regard. The SRSG should be kept fully informed of any informal communication with OHCHR which could have an impact on the mission, bearing in mind paras. 2 and 12 of the Standard Directives for SRSGs dated 31 August 1998 (relevant paragraphs attached).

5. The activities of human rights components of peace-keeping operations shall be based on international human rights standards, as defined in the relevant international treaties, declarations, guidelines and other instruments. In the implementation of their activities, whether of a monitoring or of a technical cooperation nature, and within the framework of their mandate, human rights components of peace-keeping operations will seek to promote an integrated approach to human rights promotion and monitoring, paying due attention to civil, cultural, economic, political and social rights, including the right to development, and to the special needs of women, children, minorities, internally displaced persons, and other groups requiring special protection. The involvement of other United Nations agencies and programmes with special focus on these areas shall be sought to facilitate such integrated approach.

C. Reporting and public statements

6. The heads of human rights components of peace-keeping operations shall, in the fulfilment of their duties, submit periodic and ad hoc reports on the human rights situation and the activities of the component to the SRSG with a copy to OHCHR, using OHCHR formats issued after consultation between OHCHR and DPKO.

7. Human rights components of peace-keeping operations shall be responsible for drafting of the human rights sections of any internal or public reports issued by the peace-keeping operations including, for example, reports of the Secretary-General to United Nations bodies. OHCHR will be consulted on the draft of public reports before they are published.

8. OHCHR may consider, in consultation with DPKO, issuing public reports on selected issues or countries based on information received from human rights components of peace- keeping operations.

9. The SRSG and the High Commissioner for Human Rights will as far as possible consult prior to issuing public statements on human rights developments in the country of operation. Public statements by the human rights component shall be authorized by the SRSG in consultation with OHCHR. The SRSG may bring to the attention of the HCHR situations requiring her public intervention, and recommend the issuance of statements. The HCHR could likewise bring to the SRSG's attention human rights situations that could benefit from the HCHR or SRSG public intervention.

D. Administration and funding

10. When a human rights component is included in the mandate of a peace-keeping operation, funding for that component, including personnel and logistics, shall be provided from assessed contributions to the peace-keeping operation concerned, for the activities mandated for that operation.

11. DPKO and OHCHR may engage in joint fundraising for activities of human rights components of peace-keeping operations, as appropriate. OHCHR shall seek to mobilize resources for technical cooperation activities of human rights components of peace-keeping operations, including through existing agreements with other organizations.

E. Human Rights Training for staff of peace-keeping operations

12. The SRSG or Head of the peace-keeping operation shall ensure that all staff of the operation - whether military or civilian - are aware of, and abide by, international human rights and humanitarian law standards. Instructions to this effect shall be issued by the SRSG or Head of operation.

13. Human rights training - as relevant to their functions - shall be provided to all deployed peace-keeping personnel - whether military or civilian - by OHCHR in cooperation with the human rights component of the peace-keeping operation. The SRSG or head of operation will make the necessary arrangements in this regard. Human rights standards shall also be part of any briefing or induction programme provided on site to newly appointed staff of peace-keeping operations.

14. DPKO and OHCHR shall promote the integration of human rights in the training provided by Member States to their peace-keeping personnel; they shall continue to cooperate in the organization of joint training programmes for national trainers of peace-keeping personnel - such as the joint "United Nations Training Programme for Military and Police Trainers on Peace- Keeping, Human Rights and Humanitarian Assistance" - and continue to develop these programmes. OHCHR and DPKO shall call upon each other to participate in training activities organized at the national and regional level, including the United Nations Training Assistance Teams (UNTATs).

15. OHCHR shall produce training materials on human rights for civilian police and military components of peace-keeping operations, which will be made available free of charge to DPKO for dissemination. DPKO shall make available to OHCHR free of charge its training materials, as necessary. Existing DPKO materials shall be revised with a view to including human rights sections, as appropriate.

16. Within training activities conducted separately, DPKO and OHCHR shall seek to promote and reinforce human rights and peace-keeping principles and standards, respectively.

17. Staff of human rights components of peace-keeping operations recruited in accordance with the procedure under paragraph 3 above shall be considered to participate in OHCHR inter- field office staff exchange programmes, field-Geneva rotation programmes, staff training, and pre-deployment briefings in Geneva, subject to availability of resources and the SRSG's approval of their absence from the mission area.

F. Information alert and exchange

18. OHCHR shall share in a timely manner with DPKO information available from human rights treaty bodies, mechanisms of the United Nations Commission on Human Rights, and OHCHR field presences, with a view to alerting DPKO and integrating human rights concerns in United Nations responses to crises and emergencies. DPKO shall share, on a confidential basis, with OHCHR its situation reports as compiled by the Situation Center.

19. When a human rights presence is not part of a peace-keeping operation, information relevant to the protection and promotion of human rights available to the peace-keeping operation shall be shared in a timely manner with OHCHR for advice and/or complementary action, as appropriate.

G. Joint initiatives

20. DPKO and OHCHR endeavour to arrange appropriate exchanges of staff, to establish an inter-departmental team to work on issues of common concern, and the joint production of public information materials.