Asia Pacific Forum of National Human Rights Institutions
Appendix 3:
Model Memorandum of Understanding
between the NHRI and the APF for the
conduct of a capacity assessment
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made between [insert name of the NHRI] and the Asia
Pacific Forum of National Human Rights Institutions (APF) to provide for the conduct of a capacity
assessment (CA) of the [NHRI].
Recitals
A. In 2008 the APF, together with the United Nations Development Programme (UNDP) and the
Office of the High Commissioner for Human Rights (OHCHR), commenced a project to provide
CAs for APF members. Since 2008 the project has been responsible for the conduct of [insert
number of CAs] CAs for NHRIs in the region. CAs are conducted according to the procedure set
out in a manual for CAs published by the APF with the support of the UNDP Asia-Pacific Regional
Centre (APRC).
B. The APF has provided the [NHRI] with a Concept Note to enable the [NHRI] to consider whether
to request assistance for the conduct of a CA.
C. The [NHRI] has requested assistance and the APF has agreed to provide assistance in the
conduct of a CA.
D. The APF and the [NHRI] have agreed to enter this MOU as the basis for the conduct of the CA.
Agreement
1. The [NHRI] agrees to conduct a CA and the APF agrees to assist the [NHRI] in the conduct of the
CA, generally in accordance with the procedure set out in the latest edition of the CA manual.
2. The APF agrees to
a. consult and agree with the [NHRI] on the timetable for undertaking the CA
b. provide a CA team, at least two of whose members are appointed by the APF (including from
the staff of APF members) and, if possible, one of whose members is appointed by each of
UNDP and the OHCHR
c. ensure that members of the CA team
i. are not based in [insert name of the country of the NHRI]
ii. are independent in participating in the CA
iii. come to the CA open to learning about the [NHRI], willing to listen and to question, and
able to conduct the CA in a fully professional manner
iv. have expertise that is relevant to the CA, either in the nature and work of NHRIs or in the
CA process itself
v. understand the responsibilities of members of the CA team
62