Twinning Project Fiche. Support to the Strengthening of the Commissioner for Human rights. (Ombudsman) of the Republic of Azerbaijan

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1 Twinning Project Fiche Support to the Strengthening of the Commissioner for Human rights 1. Basic Information (Ombudsman) of the Republic of Azerbaijan 1.1 Programme: European Neighbourhood and Partnership Instrument (ENPI) Annual Action Programme Twinning Number: AZ/14/ENP/JH/ Title: Support to the Strengthening of the Commissioner for Human rights (Ombudsman) of the Republic of Azerbaijan 1.4 Sector: Rule of Law/Justice and Home Affairs 1.5 Beneficiary country: Republic of Azerbaijan 2. Objectives 2.1 Overall Objective(s): Promoting independent, national, non-judicial mechanisms for the protection of Human rights in Azerbaijan 2.2 Project purpose: Support the capacity of Ombudsman Institution and its regional centres to ensure implementation of its mandate related to the National Preventive Mechanism, Rights of Child, Rights of Persons with Disabilities, Human Rights of Older People and Right to Access to Information. 2.3 Contribution to the ENP-Action Plan Human rights are a key focus area of the ENP - Action Plan. Specifically, priority area number 3 relates to the Strengthening of the protection of human rights and of fundamental freedoms and the rule of law, in compliance with international commitments of Azerbaijan (Partnership and cooperation agreement - PCA, CoE, OSCE, UN"), and in particular: Enhance the capacity of institutions dealing with the protection and promotion of human rights, in particular the Office of the Ombudsman and the Government Agent of Azerbaijan at the European Court of Human Rights. 2.4 Contribution to National Strategies The National Programme for Action on the Effectiveness of the Protection of Human Rights and Freedoms in the Republic of Azerbaijan (Presidential Decree N 1938 dated 27 December 2011) 1 underlines government commitment towards universal Human Rights values. The Ombudsman is recommended to lead the working group on coordination of the implementation of the National Programme for Action in the Decree of the President of the Republic of Azerbaijan on approval of the National Program for Action. Section 4.2 of the programme calls upon the Ombudsman Institution to ensure the effective functioning of the National Preventive Mechanism (NPM), in accordance with the Optional Protocol to the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment (OPCAT). 1 Please insert link to this document - 1 -

2 Regarding social protection, a draft programme on the rights of disabled was presented by the Ministry of Labour and Social Protection to the government in 2012, and a State Programme on increasing social protection of Older Persons was drafted by the same Ministry and transmitted to the government at the beginning of Both these drafts specifically describe the role of the Ombudsman Institution with reference to Disabled and Older Persons. In addition to this, Institutional Reform Plan 2 2 on Human rights and Rule of Law, Visa Facilitation and Readmission issues endorsed by the Government in July 2012 (hereafter IRP2), under the EU Azerbaijan Comprehensive Institutional Building Programme ( ) has clear objectives aiming to strengthen democratic principles, rule of law, good governance, human rights and fundamental freedoms. IRP2 highlights several priority areas where improvement is required from the perspective of European best practices and experience in human rights protection. These priorities are: - The human rights Commissioner of the Azerbaijan Republic (Ombudsman) has the capacity to act as National Preventive Mechanisms for the fight against torture - The Ombudsman Institution is able to fulfil its legal mandate regarding the implementation of the law on access to information - The Ombudsman s regional centres monitor professionally the human rights situation and contribute to the protection of human rights - The Ombudsman Institution is able to function as independent monitoring mechanisms under article 33.2 of the UN Convention on the Rights of Persons with Disabilities. 3. Description 3.1 Background and justification The Constitutional Law on The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan was adopted by the Parliament of the Republic of Azerbaijan on 28 December, On March 5, 2002, the President of the Republic of Azerbaijan signed a Decree on implementation of the abovementioned Constitutional Law. The first Ombudsman of the Republic of Azerbaijan was elected on 2 July, 2002 by the Parliament and the Ombudsman Office started receiving applicants and complainants and investigating applications. As an independent mechanism, the Ombudsman's role is to oversee whether public authorities have lawfully and properly deliberated on a right or interest of citizens, and if not, it may demand the error to be repaired and may recommend public authorities how to proceed. The relatively new institution of Ombudsman of Azerbaijan was accredited as a National Human Rights Institution with Status A in 2006 by the International Coordination Committee of National Human Rights Institutions at the UN High Commissioner for Human Rights. International organizations specialized in the fields of democratisation and rule of law, human rights and protection of minorities, welcomed Azerbaijan's legislative measures and efforts in order to address recommendations provided by UN treaty bodies, in particular the ratification in 2009 of the UN Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto; and the ratification also in 2009 of the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Following ratification of the latter, the Ombudsman Institution Protector of Citizens - was designated as the body to perform the National Preventive Mechanism (NPM) functions. In 2011, the NPM published its first comprehensive report on its activities as NPM against 2 Please insert link to IRP2-2 -

3 torture covering the period 2009 and 2010, followed by the reports on activities carried out in 2011, 2012 and Recently, following amendments made to the Constitution Law, the Ombudsman Institution was assigned the function to monitor the implementation by the government of the Law on Access to Information. It has also received a mandate to oversee human rights in the case of children, the disabled and the elderly. Adapting to such rapid development and its increased responsibilities is a challenge for any institution, and the Ombudsman has clear areas that need strengthening. Support is needed in two main areas. The first is in developing strategies ( vision and mission ) in order to achieve maximum impact on problems and challenges relevant to the Ombudsman mandate. Such strategies could be based on a framework, starting with existing challenges and an assessment of activities currently undertaken. Especially the work, in selected rights, should be an on-going process of development, based not only on its current experience, but also on information, advice and experience from other relevant and reliable sources. Secondly, the Ombudsman staff requires training in order to consolidate fundamental skills under the NPM, such as the ability to recognise victims of torture or ill-treatment (in particular hidden traces of ill-treatment), interviewing techniques and best practice for monitoring visits and to be able to transmit appropriate recommendations to the government. The staff working on access to information would require training on European countries best practice, on the duties of press and information officers, on dealing with public requests and complaints, and lastly on conducting thorough research and reporting. To fulfil designated assignment on the topic of disabilities the Ombudsman Institution requires a high level of competency for carrying out needs assessments for people with disabilities and especially on protecting children with disabilities. This support should help the Ombudsman Institution to affirm itself as an independent institution with the mandate to defend the citizen s rights in Azerbaijan in line with European standards and the best practices, as well as establish an efficient strong network-based system of cooperation among regional centres. 3.2 Linked activities: Human Rights and the Ombudsman institution are a clear focus for the donor community in Azerbaijan with numerous donors and programmes in various stages of development. From the EU side, a Twinning Light Project Support to the enhancement of the capacity of the Ombudsman administration and to the development of awareness on Human Rights and Discrimination was implemented in 2011 by the German Institute for Human Rights. In October 2011 a TAIEX Workshop 4 on strengthening the capacity of the regional centres of the Ombudsman Office of Azerbaijan was implemented. Another EU Twinning project Support to the Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan for the Development of a System for Medico-Social Rehabilitation of People with Disabilities started in the beginning of The EU CoE Peer-to-Peer II Targeted Project: promoting independent national nonjudicial mechanisms for the protection of human rights, especially for the prevention of torture Joint Programme was implemented in , with specific activities held in Baku. UNICEF implemented the Protection of Child Rights project in , which provided training sessions, seminars, conferences on education about child rights, analytical work and

4 monitoring on the improvement of legislation. UNICEF continues to regularly support the Ombudsman Institution in involving external experts for supporting the monitoring visits in regards of the rights of children in the country. In , the OSCE held international workshops for the NPM and also co-operated with the Parliament in harmonizing national legislation to incorporate the new NPM responsibilities into the Constitutional Law on the Ombudsman. OSCE also supported the translation into the English language of the Ombudsman s NPM annual reports. The Swedish International Development Cooperation Agency (SIDA) implemented a Capacity building of the Ombudsman Institution in Azerbaijan project in The aim of this project was to bring assistance to the newly created Ombudsman in developing its work on the protection of human rights, as well as to improve its internal management and its cooperation with relevant organisations. The Ministry of Foreign Affairs of Poland in September 2012 has supported the workshop Cooperation of Ombudsman Institutions in the Eastern Partnership States. The Association of the Prevention of Torture (APT, based in Geneva) has provided information on how to set up a National Prevention Mechanisms and translated the Handbook on Monitoring Places of Detention into Azeri. 3.3 Results 1. The Capacity of the Ombudsman Institution to act as National Preventive Mechanism (NPM) under OPCAT strengthened The NPM should mirror the requirements provided by the preliminary guide issued by the Subcommittee on Prevention of Torture entitled Analytical self-assessment tool for National Prevention Mechanisms (NPM) (OPCAT/Geneva, February 2012). The best EU practices should be reflected throughout this result. Indicators of achievement are: 1) NPM strategy and Action plan developed; 2) secure database improved; 3) staff trained. 2. Institutional Capacity of Ombudsman Institution strengthened in core areas, including development of Management Information System (MIS) The Ombudsman Institution capacity strengthened (both at central and regional level) in three selected rights, taking into consideration the best EU practice: (i) Rights of the Child, (ii) Rights of Persons with Disabilities, (iii) Human Rights of Older People. The Strategies should include principles from all relevant UN instruments, CoE recommendations, IRP 2 and National plans. Indicators of achievement are: 1) needs assessment in three areas conducted; 2) Three Strategies, including Action Plans developed; 3) communication methods to provide information via MIS developed; 4) technical specification of MIS developed; 3. Ombudsman Institutions capacity to implement Law on Access to Information is strengthened The Ombudsman capacity improved in supervisory function over execution of duties by the information owning state bodies, municipalities and state officials. Indicators of achievement are: 1) Specific guidelines to guide implementation of the law on access to information developed; 2) Methodology on conducting research regarding situation with Access to Information developed; 3) Capacity building of responsible staff and press services of state bodies conducted; 4. Staff (on central and regional level) of the Ombudsman Institution trained for more efficient administration Series of training sessions/workshops/study visits in relation to general activities of the Ombudsman Institution. Indicators of achievement are: 1) 50 employees (on central and regional level) trained; 2) training materials developed

5 3.4 Activities: In order to meet the specific mandatory results of this project, the partners may agree on alternative or complementary activities and outputs to those identified in this section. Project kick-off event A meeting aimed at the presenting the Twinning project to the main involved stakeholders and will take place in the beginning of the project implementation. Project closing event The conference would present the main results achieved during the project implementation and shall be organized before concluding the project as one of the final activities. Activities to achieve result Based on the OPCAT Optional Protocol to the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment, provide recommendations and develop supporting documents (if necessary) for more effective mechanism of efficient dialogue with local and central government authorities, International Organisations, foreign countries, Civil Society and detention facilities; 1.2 Assist in elaborating a long-term NPM Strategy and Action Plan in line with priorities from IRP 2, National Program for Action, relevant UN and CoE Recommendations and Preventive Measures; 1.3 Develop effective and secure database of all visit reports, together with responses form relevant authorities and follow-up proceedings; 1.4 Training sessions on EU best practice on Preventive Mechanisms methodology, including on monitoring of places of detention; 1.5 Study visit. Activities to achieve result Provide support in elaborating needs assessment survey for: (i) Rights of the Child, (ii) Rights of Persons with Disabilities, (iii) Human Rights of Older People; 2.2 Assist in elaborating three long term Strategies and corresponding Action Plans for each of the selected rights: (i) Rights of the Child, (ii) Rights of Persons with Disabilities, (iii) Human Rights of Older People. The Strategies should include principles from all relevant UN instruments, CoE recommendations and National plans; 2.3 Develop communication methods for providing information to staff via MIS; 2.4 Develop the technical specification of MIS to handle case loads; 2.5 Workshops/trainings on the best EU practices regarding compliance with art 33 UN Convention on the Rights of Persons with Disabilities; 2.6 Study visit. Activities to achieve result Share the EU best practice and experience on supervision of Access to Information; 3.2 Assist in development of methodology to conduct research regarding access to information provided by the state agencies; 3.3 Develop guidelines on implementation of the law on access to information; 3.4 Awareness rising of Press Services of state bodies; - 5 -

6 3.5 Methodological workshops/training on processing complaints and conducting investigations on violations of rights of access to information, and on EU best practices in this area; 3.6 Study visit. Activities to achieve result On-the job-training on research, analytical skills, reporting (including Shadow reports) and legislation analysis; 4.2 On-the-job training on effective use of Hot Line and follow up on complaints received 4.3 Training sessions for the regional staff to enable them to monitor the Human rights situation, and daily protection work; 4.4 Training sessions and study visit on effective interview methods, in particular for recognizing physiological and physical traces of ill-treatment (in accordance with the Istanbul Protocol); 4.5 Training sessions on applying preventive approach in the field of mental health including monitoring of psychiatric institutions; 4.6 Study visit to places of deprivation of liberty (at least one penitentiary institution, one psychiatric institution, one orphanage and migration centre); 4.7 Training sessions on carrying out research studies. 3.5 Means/ Input from the MS Partner Administration For all MS experts (including PL and RTA) obligations, tasks and responsibilities are in force, set up in the Common Twinning Manual (version 2012). In addition to the provisions outlined below, the following should be taken into consideration hiring of the following staff: A permanent RTA Assistant to assist the RTA in arranging logistics and fixing local arrangements such as hotel booking, administrative support etc. for short-term experts. In collaboration with the BA, the RTA assistant will also handle administrative arrangements for conferences, training, seminars, etc. including provision of interpreters and the ensuring the translations. A full-time interpreter/translator (language assistant) may also be recruited in Azerbaijan and funded by the project. (S)he will perform most of the required interpretation/translation services, for example providing day-to-day interpretation/translation to the RTA and project experts during meetings. Whenever required, e.g. for simultaneous interpretation during seminars and workshops, additional interpretation may be procured and funded by the project. Both assistants will be selected during the Twinning contract preparation period by the project RTA

7 3.5.1 Profile and tasks of the Project Leader The Project Leader (PL) from the EU MS should be a high-ranking civil servant or an equivalent senior manager in an EU MS national standards body, with sufficient work experience in the field of human rights, and should have at least 7 years management experience in the National human rights defending body. Profile At least 7 years experience of working as a senior staff member in an office of Ombudsman in EU MS; Good inter-personal and management skills; Specific experience in the field of information processing; Experience in the preparation of major strategic documents; Excellent command of written and spoken English; Working knowledge of Azerbaijani or Russian would be an asset. Tasks Overall coordination, guidance and monitoring of the project; Preparation of quarterly reports with support of the RTA; Co-chairing of PSC Meetings; Liaising with BC and BI at the political level; Ensuring the direction of the project work; Ensuring the achievement on time of the mandatory project results; Ensuring the availability on time of MS-Short Term Experts and other MS resources Profile and tasks of the RTA The RTA is required for 27 months to implement, together with a pool of STEs, the envisaged project. The RTA is expected to be actively involved in the implementation of all activities. In particular, he/she should have the technical competence to deliver a significant part of the activities in at least one component. Profile At least 5 years experience of working in EU MS civil service, at least 3 of which should be dealing with international human rights instruments and institutional mandates, policies and guidelines relating to the United Nations work in the area of rule of law and human rights; Excellent knowledge of Ombudsman mandate and experience/best practices in EU MS countries; Proven interpersonal skills and ability to work in a multi-cultural, multi-ethnic environment with sensitivity and respect for diversity; Experience in the preparation of major strategic documents. Qualifications and skills University degree in a relevant discipline or equivalent experience; Leadership and communication skills; Good inter-personal and management skills; Strong initiative, analytical and team working skills; Good PC literacy (Word, Excel, PowerPoint); Excellent command of written and spoken English; Working knowledge of Azerbaijani or Russian would be an asset

8 Tasks Overall supervision of the project implementation and coordination of all activities, as well as management of the project administration; Coordination of the activities of the team members in line with the agreed workplan; Provide technical input to the project whenever needed and provision of advice in her/his field of expertise; Liaison with the BA Project Leader and RTA Counterpart; Liaison with the EUD and the Azerbaijani PAO; Prepare and organize STEs missions; Cooperate with the MS PL to prepare quarterly reports and final report Profile and tasks of short-term experts: The RTA will be assisted by short-term experts (STEs) who will complement the know-how of the RTA in order to cover the full range of expertise required by the project. STEs will be civil servants or staff members of the selected MS institution(s) who work in the required fields. They will have appropriate qualifications and necessary skills to implement the above mentioned activities. A pool of short term experts is therefore required to implement the activities, as outlined above, covering the following indicative subjects as identified in the indicative activities: Indicative profile of short-term experts Qualifications and skills University degree in a relevant discipline or equivalent experience; Good inter-personal and communication skills; Good PC literacy (Word, Excel, PowerPoint); Excellent command of written and spoken English; Working knowledge of Azerbaijani or Russian would be an asset. General professional experience At least 5 years proven experience in the relevant field; Project and training experience would be an asset; Working experience in foreign countries would be an asset. Specific professional experience Up-to-date knowledge and current experience in the respective field of project activity

9 4. Institutional Framework Institutional Framework: The Commissioner for Human Rights (Ombudsman) is the beneficiary institution and will be responsible for the implementation of the project, as well as providing the coordination mechanism. The RTA will be based at the Ombudsman's office which will provide the necessary office space and facilities. Status of beneficiary The Ombudsman Institution in Azerbaijan is the country's National Human Rights Institution, accredited with 'A' status by the International Co-ordinating Committee of NHRIs, authorizing it to participate in preparing Government reports for the UN Treaty bodies and the Human Rights Committee (HRC); give references on these reports; prepare alternative reports; and monitor international human rights treaty commitments in the country. The main task of the Ombudsman Institution consists in representing the interests of the citizens by investigating and addressing complaints of maladministration or violation of rights perpetrated by state agents. Specific Principles relating to the status of national institutions (Competence and responsibilities): 1. A national institution shall be vested with competence to promote and protect human rights. 2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence. 3. A national institution shall, inter alia, have the following responsibilities: (a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas: (i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures; (ii) Any situation of violation of human rights which it decides to take up; (iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters; (iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government; (b) To promote and ensure the harmonization of national legislation regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation; (c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation; - 9 -

10 (d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence; (e) To cooperate with the United Nations and any other organization in the United Nations system, the regional institutions and the national institutions of other countries which are competent in the areas of the promotion and protection of human rights; (f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles; (g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs. Organizational structure: Currently the Ombudsman Institution has 80 staff, including 12 staff working in its four regional centres (Guba, Sheki, Jalilabad and Ganja). The recently established NPM team is composed of 10 members (1 head of NPM, 1 deputy, 4 working on analytical/reporting and 4 visiting places of deprivation of liberty). The NPM listed 244 institutions, as identified by the OPCAT, which need to be monitored under the NPM. So far, one Ombudsman staff has been assigned to be responsible for monitoring the implementation of the Law on Access to information. Three Ombudsman staff are tasked with monitoring the implementation of the UN Convention on the Rights of the Child (including monitoring visits and reporting), and two with the convention Regarding the Rights of Elderly Persons and Persons with Disabilities. Further information about the Ombudsman office is available in English at the official website: 5. Budget 1,360,000 EUR. 6. Implementation Arrangements 6.1 Implementing Agency responsible for tendering, contracting and accounting The Implementing Agency responsible for tendering, contracting and accounting is the European Commission represented by the Delegation of the European Union to the Republic of Azerbaijan. The Task Manager at the Delegation of the European Union to the Republic of Azerbaijan is: Ms. Maryam Haji-Ismayilova Programme Manager Delegation of the European Union to the Republic of Azerbaijan Landmark III, 11th Floor, 90A, Nizami street, AZ1010 Baku, Republic of Azerbaijan Tel (ext. 832)/Fax Maryam.HAJI-ISMAYILOVA@eeas.europa.eu Website:

11 6.2 Main counterpart in the PAO The person in charge of this project at the Programme Administration Office in Azerbaijan (PAO) is: Mr.Ruslan Rustamli Director of PAO Department of Cooperation with International Organisations Ministry of Economy and Industry of the Republic of Azerbaijan 6th floor, Government House, 84, Uzeyir Hajibeyov str. AZ 1000 Baku, Azerbaijan Tel (ext.2115) Fax Main counterpart in the BC The beneficiary country (BC) has nominated its main counterparts to the MS PL and RTA. The BC Project Leader will be: Mrs Elmira Suleymanova Commissioner for Human Rights (Ombudsman) 8, Uzeyir Hajibeyov str. AZ 1000 Baku, Azerbaijan Tel.: (+99412) ; Fax: (+99412) Website: The BC counterpart of the RTA will be: Mr. Aydin Safikhanli, Head of the Office of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan 80, Uzeyir Hajibeyov str. AZ 1000 Baku, Azerbaijan Tel.: (+99412) ; Fax: (+99412) Contracts One Twinning contract is foreseen for this project. 7. Implementation Schedule (indicative) 7.1 Launching of the call for proposals: (August 2014) 7.2 Start of project activities: (June 2015) 7.3 Project completion: (September 2017) 7.4 Duration of the execution period: The duration of the execution period will be 30 months with an implementation period of 27 months (presence of the RTA in Azerbaijan)

12 8. Sustainability To ensure that the achievements of the project (i.e. the mandatory results) remain as a permanent asset at the beneficiary, the Twinning partners have to be aware of the absorption capacity of the BI. The project is designed according to the needs and abilities of the BI, which should be reviewed during the contracting phase. The recommendations and lessons learnt from previous projects should be taken into account. Direct practical benefit from the project inputs for the actual tasks and work processes of the BI should ensure sustainability. Therefore it is important that a large part of Ombudsman staff participates in project activities or is familiarised with their outcome. It is recommended to promote the project actively within the BI and encourage participation. To ensure the continuous work on the mandatory results, the absorption of project inputs within the BI and, to prepare for the visits of STEs from the MS, the BI will set up internal working groups, which will be headed by the component leaders mentioned in section 3.5 above. This Twinning includes training activities. The BI should ensure that a constant and coordinated re-training of staff takes place after the Twinning project. Internal know howcarriers and training capacities should be established from the beginning of the project via training-of-trainers and other measures. The project shall provide the BI all training curricula and other materials that are used in training events in electronic form. All such training curricula and other materials shall be translated into the Azerbaijani language. In order to increase sustainability of the project deliverables such as strategies, recommendations and guidelines, an action plan on their implementation after the completion of the project shall be developed by BI and MS together. There are several donors co-operating with the BI. It is of great importance to liaise with them on a regular basis in order to avoid duplication of activities or even contradictory activities. Sustainability issues should be a standard item on the agenda of every meeting of the project steering committee. This includes a checking of the effectiveness of mechanisms installed by the BI to disseminate and consolidate the results of the project among its own staff and external stakeholders. 9. Cross-cutting issues Gender is an essential cross-cutting issue, and therefore should be mainstreamed throughout project implementation. Specific guidelines on strategic gender interests will be taken into account throughout this twinning project. Synergies, coherence and complementarity between the ENPI and other EU development instruments, including the European Instrument for democracy and human rights (EIDHR), have to be ensured. The new Regulation establishing an EIDHR for the period stipulates that the Union should apply a rights-based approach encompassing all Human Rights, whether civil, political, economic, social or cultural. The donor coordination mechanisms will aim at beat synergy and avoid duplication or overlapping with potential similar actions. EU Visibility will be ensured through-out this twinning project by complying with the EC Guidelines on visibility. Based on the principle of equality, participation in the project will be guaranteed on the basis of equal opportunity and without discrimination. This will be included in the Twinning contract as a joint responsibility of the EU MS partner and the BI. To protect the environment and save natural resources, this Twinning project should in principle be based on a paperless work environment. This means, in particular, minimising

13 paper use during project implementation through: use of s, establishing a project website and electronic project database for the cooperation between partners. 10. Conditionality and sequencing This is detailed in Annex II - Contracting and disbursement schedule. ANNEXES TO PROJECT FICHE I. Logical framework matrix II. Diagram of Ombudsman office structure

14 LIST OF ABBREVIATIONS BC BI CE CoE EC ENP ENPI EU EUD MS NGO NPM OPCAT OSCE PAO PCA PL PSC RTA STE TAIEX ToR Beneficiary country Beneficiary institution European Conformity Council of Europe European Commission European Neighbourhood Policy European Neighbourhood and Partnership Instrument European Union Delegation of the European Union Member State Non-Governmental Organisation National Preventive Mechanism Optional Protocol to the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment Organization for Security and Co-operation in Europe Programme Administration Office Partnership and Cooperation Agreement Project Leader Project Steering Committee Resident Twinning Advisor Short term expert Technical Assistance and Information Exchange instrument Terms of Reference

15 Annex I. Logical framework matrix Project name and number: Support to the Strengthening of the Commissioner for Human rights (Ombudsman) of the Republic of Azerbaijan AZ/14/ENP/SO/30 Programme name and number: ENPI annual Programme 2011 Overall objective Objectively verifiable indicators Sources of Verification Promoting independent national nonjudicial mechanisms for the protection of human rights - Significant progress reported in relation to the priority areas on human rights of the European Neighbourhood Policy Action Plan for Azerbaijan; - Significant progress reported in human rights and rule of law by the Ombudsman. - Reports prepared by the EU, Government, the Ombudsman Office and other relevant actors; - Media coverage overview - The Progress Report on implementation of ENP AP; - The report of the Government of the Republic of Azerbaijan on implementation of the ENP AP Total budget: 1.360,000 EUR Project purpose Objectively verifiable indicators Sources of Verification Assumptions Enhance the capacity of Ombudsman Institution and its regional centres to ensure full implementation under its mandate related to National Preventive Mechanism, Rights of the Child, Rights of Persons with Disabilities, Human Rights of Older People and Right to Access to Information Positive assessment of NPM actions by EU Positive assessment of the Ombudsman Institution staff performance - - Evaluation and expert mission reports. - Annual Reports of the Ombudsman Institution Continuous political will in Azerbaijan to raise effectiveness of protection of human rights and freedoms in accordance to universal standards and values. Dedication of the Commissioner for human rights (Ombudsman). Results Objectively verifiable indicators Sources of Verification Assumptions 1. The Capacity of the Ombudsman - Positive assessment of NPM - Reports prepared by the Continuous will of the

16 Institution to act as National Preventive Mechanism (NPM) under OPCAT strengthened. actions by EU - Developed NPM strategy and Action Plan - effective database of all monitoring visits reports and follow-up proceedings created - staff trained in EU best practices regarding NPM Government - EU Reports - Database used as a working tool by the NPM team. Ombudsman Institution and authorities to establish effective dialogue on NPM. Political will to develop effectively NPM mandate. Continuous political will in Azerbaijan to improve Ombudsman supervision on prevention torture. 2.Institutional Capacity of Ombudsman Institution strengthened in core areas, including development of MIS - Needs assessment survey for: (i) Rights of the Child, (ii) Rights of Persons with Disabilities, (iii) Human Rights of Older People - Three Strategies and respective Action Plans for each of selected rights developed: (i) Rights of the Child, (ii) Rights of Persons with Disabilities, (iii) Human rights of Older People - Annual Reports of the Ombudsman institution - Reports prepared by the Government - Guidelines provided and agreed with the Ombudsman. Continuous political will in Azerbaijan to improve Ombudsman office conditions - Developed communication methods to provide information via MIS - Developed technical specification of MIS 3.Ombudsman Institutions capacity to implement Law on Access to Information is strengthened - Strategic documents allowing the supervision of the Ombudsman Institution developed - Guidelines provided for the observation of implementation of - Annual Reports of the Ombudsman institution - Reports prepared by the Government Continuous political will in Azerbaijan to improve Ombudsman office conditions

17 the law on access to information - Effective follow up of complaints to access to information developed - Recommendations from Ombudsman Office to state authorities on how to improve access to information elaborated - Training for Ombudsman staff and press services of state bodies 4. Staff (on central and regional level) of the Ombudsman Institution trained for more efficient administration - At least 50 employees on central and regional level trained; - Training materials developed and handed-over to BA for its further usage - Project Quarterly Reports - Project Final Report No high staff turnover in regional and HQ Ombudsman. - Study visit(s) organized Activities Means Activities to achieve result 1: 1.1. Based on the OPCAT Optional Protocol to the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment provide recommendations and develop supporting documents (if necessary) for more effective mechanism of efficient dialogue with local and central government authorities, international organizations and civil society as well RTA, STEs

18 as detention facilities. 1.2 Develop a NPM Strategy and Action Plan including priorities from the Institutional Reform Plan 2, National Program for Action, UN Recommendations and Preventive Measures and recommendations from the CoE. 1.3 Develop effective database of all monitoring visits reports together with responses from relevant authorities and follow-up proceedings. 1.4 Training sessions on EU best practice on Preventive Mechanisms methodology, including on monitoring of places of detention. 1.5 Study visit Activities to achieve result 2: 2.1 Provide needs assessment for developing long-term strategies for following selected rights: (i) Rights of the Child, (ii) Rights of Persons with Disabilities, (iii) Human rights of Older People 2.2 Develop three long-term strategies and Action Plans for the selected rights 2.3 Develop communication methods for providing information to staff via MIS; 2.4 Develop the technical specification RTA, STEs

19 of MIS to handle case load; 2.5 Workshops/trainings on best EU practices regarding compliance with art. 33 UN Convention on the Rights of Persons with Disabilities; 2.6 Study visit Activities to achieve result 3: 3.1 Share the EU best practice and experience on supervision of Access to Information ; 3.2 Assist in development of methodology to conduct research regarding access to information provided by the state agencies; 3.3 Develop guidelines on implementation of the law on access to information; 3.4 Awareness raising of Press Services of state bodies; 3.5 Methodological workshops/training on processing complaints and conducting investigations on violations of rights of access to information, and on EU best practices in this area; 3.6 Study visit RTA, STEs

20 Activities to achieve result 4: 4.1 On-the job-training on research, analytical skills, reporting (including Shadow reports) and legislation analysis. 4.2 On-the-job training on effective use of Hot Line and follow up on complaints received 4.3 Training sessions for the regional staff to enable them to monitor the Human rights situation, and daily protection work 4.4 Training sessions and study visit on effective interview methods, in particular for recognizing physiological and physical traces of ill-treatment (in accordance with the Istanbul Protocol); 4.5 Training sessions on applying preventive approach in the field of mental health including monitoring of psychiatric institutions 4.6 Study visit to places of deprivation of liberty (at least one penitentiary institution, one psychiatric institution, one orphanage and migration centre); 4.7 Training sessions on carrying out research studies; RTA, STEs

21 Approved by the Decree #247 from September 14, 2012, of the Commissioner for Human Rights(Ombudsman) of the Republic of Azerbaijan THE STRUCTURE OF THE OFFICE OF THE COMMISSIONER FOR HUMAN RIGHTS (OMBUDSMAN) OF THE REPUBLIC OF AZERBAIJAN AND REGIONAL CENTERS THE COMMISSIONER FOR HUMAN RIGHTS (OMBUDSMAN) OF THE REPUBLIC OF DEPARTMENT ON PREVENTION OF TORTURE Sector on visits Sector on legal analysis and reports DEPARTMENT ON PROTECTION OF HUMAN RIGHTS HEAD OF THE OFFICE Financial administrative department Material technical provision and Department on Control over the execution of documents Chief advisor staff LEGAL EDUCATION, SCIENTIFIC-ANALITICAL, INFORMATION AND INTERNATIONAL RELATIONS DEPARTMENT on Sector on protection of civil and political rights Sector on protection of economic, social and cultural rights Sector on protection of the rights of refugees, internally displaced persons and migrants Sector protection arrested convicted persons on of and Sector on protection of the rights of servicement Legal Education Sector Scien tific analy tical Sector on Information and public relations Interna tional relatio ns sector COMMON DEPARTMENT Receptio n sector Chancelerry (on a sector status) Protocol Sector 21 Librarian archive - recorder Jalilabad Regional Center Ganja Regional Center Guba Regional Center Sheki Regional Center