Chapter 3 - Report of the Research and Policy Development Group
especially in mechanisms of the HRC such as the Universal Periodic Review (UPR), special
procedures and treaty bodies. The resolution encouraged NHRIs to intensify their engagement
with these processes, inter alia, by submitting Parallel Reports and other relevant information.
It underscored the role of NHRIs in promoting gender equality and in advancing women’s rights,
and eliminating discrimination as well as violence against women and girls.
NHRIs should
be allowed to
participate
independently in any
UN forum related to
human rights.
The UNGA, at its 68th Session in New York, adopted a resolution
on NHRIs which, in essence, was based on the UN SecretaryGeneral’s Report on NHRIs, which is presented biennially. The
thrust of the UNGA resolution was to bolster recognition of NHRIs
and its coordinating body, the ICC, as key actors in the promotion
and protection of human rights. It requested the UN SecretaryGeneral to focus, in his next report, on the participation of Paris
Principles-compliant NHRIs in UNGA and other related UN fora,
with a view to exploring the feasibility of granting independent
participation rights to NHRIs in these mechanisms.
Unlike at the HRC, NHRIs currently do not enjoy the privilege of participating independently
in most of the New York-based UN fora, including the Commission on the Status of Women
and the Open-Ended Working Group on Ageing, all of which serve as important avenues for
deliberations on human rights issues.
The Commission is of the opinion that there should not be any distinction in the granting of
independent participation rights to NHRIs among the different mechanisms within the broader
UN system. NHRIs should be allowed to participate independently in any UN forum related to
human rights. It views the adoption of both resolutions, in particular the UNGA resolution, as
an initial but crucial step towards achieving independent participation rights for NHRIs in all
UN fora.
Despite receiving wide cross-regional support and cosponsorship by numerous developed and developing countries,
both resolutions were not co-sponsored by Malaysia.
The Commission finds the Government’s stance regrettable
and is puzzled by this lack of support. It is not in keeping with
the Government’s commitment, delivered at its second UPR in
October, to continue advancing the promotion and protection of
human rights. While the Commission is mindful that an NHRI
should focus on domestic issues, input by NHRIs at the UN level
is imperative for informed discussion. In this regard, Malaysia’s
co-sponsorship would have reinforced the resolutions and
would have been the right position for a country that is a
member of the HRC and which is campaigning for a seat on the
UN Security Council.
While the Commission
is mindful that a
NHRI should focus
on domestic issues,
input by NHRIs at the
UN level is imperative
in encouraging more
meaningful and
informed discussion.
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