Ministry of Foreign Affairs Department for Human Rights File no.: 104.A.1.b.1-1.a-3.

Ministry of Foreign Affairs Department for Human Rights File no.: 104.A.1.b.1-1.a-3. External Grant Committee Meeting 4 th of February 2014 Agenda Item no.: 2 1. Title: Danish Institute for Human Rights Cooperation Agreement 2014 2. Partners: The Danish Institute for Human Rights 3. Amount: 29.2 million DKK 4. Duration: 1 year (2014) 5. Presentation to the programme Committee: 3 rd of December 2013 6. Previous Grants: Cooperation agreements have been presented to the Danida board since 1997. Most recently in March 2012 (DKK 29.2 million.). Presentation to the External Grant Committee in March and May 2013 (DKK 29.2 million.) 7. Strategies and policy priorities: Strategy for Denmark s development cooperation The Right to a Better Life (2012); Denmark's approach to International Human Rights Cooperation (2009). 8. Danish Budget account code: 06.32.08.70. Democracy and human rights. 9. Desk officer: Jakob Haugaard 10. Head of Department: Mette Nørgaard Dissing-Spandet 11. Summary: The Danish Institute for Human Rights (DIHR) is a strategic partner for Denmark s international support to human rights. Within the framework of improving and protecting human rights, DIHR focuses on interventions with partners in three areas: 1) Geographic Focus, 2) Knowledge and Methods and 3) International Influence. The 2014 Cooperation Agreement is primarily a continuation of existing activities guided by DIHR s strategy. In 2014 DIHR will undertake a strategy process and prepare an application to the MFA to become a Framework Organization with direct authorization on the Finance Act.

1 Objective and problem formulation: Denmark s national human rights institution (NHRI), the Danish Institute for Human Rights (DIHR) is established by law to promote and protect human rights nationally and internationally in accordance with the UN Paris Principles 1. In an international context, DIHR s long-term objective is to contribute to the establishment of well-functioning national human rights systems, which improve and protect human rights. Within this framework, DIHR s specific objective is to strengthen the policy and legislative framework for protecting human rights as well as the institutional capacity to respect and protect these rights primarily through the justice system, but also through informal justice systems. A human rights compliant legal framework, as well as well-functioning institutions is key to the effective protection of human rights, just as civil society and businesses play their respective and important roles. A human rights based approach to development involves engaging with the duty bearers and rightsholders relevant in a given societal context. The overall DIHR strategy 2013-2016 covers the national as well as the international dimension. The latter is anchored around three main intervention areas: Geographic Focus Knowledge and Methods International Influence DIHR engages in a range of international development activities, partly funded by an annual grant of DKK 29.2 million under a Cooperation Agreement with the Ministry of Foreign Affairs (MFA) Department for Human Rights. DIHR also receives grants from other departments, embassies and development partners (see Annex 8). The present 2014 application of DKK 29.2 million supports the implementation of DIHR s international work, which will be guided by the current strategy. It primarily finances a continuation of existing activities. However, the 2014 grant is also considered a bridging grant to a new multiyear grant from 2015, which is intended to be included in the Finance Act preparations for 2015. Based on a capacity assessment in 2014, it will be decided if DIHR meets the requirements of becoming a Framework Organisation with direct authorization on the Finance Act 2. Special considerations and priorities: Human rights play a central role in Denmark s foreign policy and for Denmark s development cooperation 3. DIHR s is a strategic and relevant partner for the implementation of the strategy for Denmark s development cooperation. DIHR s main added value 1 DIHR is established as an NHRI by law (see Act No. 553 of 18 June 2012), which states that DIHR is an independent and self-governing body within the public sector. The act describes DIHR s mandates. 2 The current Cooperation Agreement is based on yearly commitments financed by the frame Democracy and Human Rights on the Finance Act ( 06.32.08.70). Framework Organisations have a direct authorization on the Finance Act through a specific reference text approved by Parliament. 3 See the Danish Act on International Development Cooperation (2012) and strategy for Denmark s development cooperation, The Right to a Better Life (2012).

2 The value of DIHR s status as Denmark s NHRI in development cooperation is expressly recognised in the 2013 review. It is assessed in the 2013 review as DIHR s most important comparative advantage vis-à-vis other institutions and organisations working with human rights and democracy. The following added values are mentioned: Status: The NHRI mandate provides legitimacy and independence that few other actors possess. DIHR is able to enter into long-term engagements that create ownership and change within partners ranging from state actors and independent public institutions to civil society actors and regional/international actors, and it can play a bridging role between rights holders and duty bearers. Expertise: DIHR s knowledge and working methods are based on independent research and analyses. DIHR is able to draw on national experiences as an NHRI thus strengthening its legitimacy as an independent actor. DIHR is the only NHRI that combines its national and international mandate on this scale. Context: DIHR has the ability and experience to work at national, regional and international levels, in diverse geographic contexts, and with a wide range of actors. DIHR s Human Rights Based Approach (HRBA) and partnership approach DIHR applies the Human Rights Based Approach (HRBA) as the underlying theory of change to assist people in realizing their rights. The Institute possesses significant practical expertise in using a HRBA to promoting development and human rights. The MFA has received advice from the DIHR on the use of HRBA, and the Institute has participated in the development of the MFA s current e-learning tool. DIHR operationalizes its HRBA by systematically using the United Nation s human rights conventions, standards, norms and instruments to set the goals of its work. DIHR further applies methods derived from a HRBA to reach these goals. For example, the DIHR partnerships aim to empower partners and keep them in the driver s seat thus emphasizing principles of participation, transparency and accountability. Through local partnerships and by targeted interventions (human rights advice or human rights education), DIHR seeks to develop the capacity of duty-bearers to meeting their human rights obligations and of rights-holders to claiming their rights. DIHR s activities seek to develop systemic interaction between rights-holders and duty-bearers to implementing human rights through dialogue, interaction and activities according to their rights and/or obligations. DIHR s programmatic approach is based on a longstanding concept of partnership. DIHR engages in partnerships on the basis of an assessment of the following criteria: a contextual human rights analysis, needs of the partner and relevance if DIHR s technical support. The partners are responsible for implementation. DIHR coaches the partners and offers advice, tools, methods, concepts, etc. to enable partners to reach their goals. Previous results (an overview of selected results is provided in annex 7) The 2013 review confirmed that DIHR is considered a valuable partner bringing sound technical advice to projects in the field. DIHR s country interventions were found relevant, effective, sustainable and relatively efficient. The review also found that DIHR has substantial technical capacity in its thematic areas, especially in rule of law and human rights and business, but

3 also in the area of participation, research and education. The review concluded that the thematic result areas assessed will have continued relevance in future agreements with the MFA. The international activities supported under the annual Cooperation Agreement with the MFA have been subject to reviews in 2001, 2005, 2009 and 2013. Furthermore, DIHR programmes are evaluated internally and externally on a regular basis to document lessons learned and results. 4 Measuring progress in the improvements of human rights at impact level is often a challenge. Achievements in relation to the impact of protection and advancement of human rights are generally results of concerted efforts of different actors, making it difficult to attribute results to one actor alone. Political will, local capacity and socio-economic factors are equally important elements for improving the enjoyment of human rights in practice. With these caveats in mind, DIHR s the long-term interventions over the last decade are likely to have contributed to overall policy impact and human rights changes, such as: Fostering of political champions Through long term partnerships, DIHR has fostered and advised key change agents in several focus countries. The present Minister of Justice and Human Rights in Niger is a long term DIHR partner with a background in civil society. The Minister is spearheading the development of the first policy on human rights in Niger with DIHR as a technical partner. Access to justice DIHR has achieved substantive policy impact in the area of access to justice in Zambia and in Rwanda, particularly in regard to legal aid. The new law on the legal profession in Rwanda contains key provisions on legal aid that were consistently promoted by DIHR and its national partners. Human Rights and Business Based on DIHR expertise The International Coordinating Committee of NHRI (ICC) and the ICC working group on Human Rights and Business have influenced key international standards such as UN Guiding Principles on Transnational Corporations and Human Rights. Challenges, resource efficiency and DIHR s strategy process: While DIHR has proven to be a relevant and effective institution with a high degree of capacity in several areas, the discussions in the External Grant Committee in 2013 and the 2013 review also highlighted a number of challenges. Some of the administrative challenges are related to internal reorganisations and to the recent transition period after the demise of the Danish Centre for International Studies and Human Rights (DCISM) in January 2013, following which new systems and procedures have been set up. Whereas some immediate changes have been made in follow-up of the review, the following strategic challenges will be addressed by DIHR as part of the strategy process in 2014: Strategic focus: A thorough strategic process shall be undertaken in 2014 with a view to strengthening the role and value of DIHR as an NHRI in international development cooperation, including synergies with DIHR s national programmes as an NHRI. 4 See some of the most recent evaluations in Annex 3 (supplementary literature)

4 Research: The link between research activities and programme work should be strengthened as part of the new strategic direction. Efficiency: It has been a challenge for DIHR to document efficiency since indicators do not adequately measure the value of DIHR inputs, and output-based budgeting and expenditure reporting is currently not done. Hence, documentation of efficiency shall be improved primarily by introducing output-based budgeting. Funding framework and coordination: The current one-year funding structure has been identified as an administrative burden. Coordination and coherence between different MFA-funded programmes will be improved through a NGO-focal point scheme in the MFA, including a joint annual policy meeting and future joint reporting. Results-framework and M&E: DIHR has in recent years taken steps to improving the M&E system in general, but further improvements, including clear and measurable indicators and more focus on results and outcomes are needed. The strategy process in 2014 will have a particular focus on areas where DIHR may add value by virtue of its status as an NHRI and will be based on its experience and lessons learned. As a followup to the main recommendations by the review undertaken in late 2013, the MFA and DIHR have identified a set of milestones for 2014 (see Annex 6). Project description: The main objectives of the proposed Cooperation Agreement support in 2014 relate to the current strategy period for 2013 2016, which defines three interlinked strategic intervention areas for the international activities: Geographic Focus; Knowledge and Methods and International Influence. 5 1. Geographic Focus: The overall aim of the DIHR country level cooperation is to support an effective system of national promotion and protection of human rights through cooperation and capacity development of selected key national actors for human rights protection and promotion. The programmatic activities funded under the Cooperation Agreement are in 2014 concentrated in two regions in order to sharpen focus, promote synergies and prioritize resources: West Africa (Burkina Faso, Mali and Niger) and Southern Africa (Zambia and Zimbabwe). The number has been reduced from seven in 2011-13 to five in 2014 (see Annex 4). The selection of partner countries under the Cooperation Agreement is made on the basis of entry/exit criteria. Danida is currently present in four of the five countries. Coordination is secured through close interaction with embassies and representations. The overall objectives of the two regional programmes are to support the development of a wellfunctioning national human rights system, with key human rights actors effectively exercising their mandate and/or mission. DIHR may engage in partnerships with selected key human rights actors in selected countries if DIHR is found, on the basis of an analysis of causes of human rights challenges, to add value. Depending on the context and local needs, DIHR works in partnership with four different types of 5 Selected key objectives, outcome indicators and targets are reflected in the results framework in Annex 3. The entire Logical Framework with corresponding detailed information on DIHR s planned activities, outputs, outcome indicators etc. has been submitted by DIHR as an annex to the DIHR-application to the MFA.

5 partners: 1) state institutions and bodies, ministries and government focal points responsible for human rights, including National Human Rights Commissions, 2) civil society with a particular focus on organizations working with human rights advocacy and documentation, 3) the business sector and 4) regional human rights actors. To facilitate these partnerships and to provide technical support DIHR employs international human rights advisors who are posted in Mali and Zambia. In addition, local project management staff and local advisors operate small DIHR liaison offices in the five countries. 2. Knowledge and Methods: Knowledge and Methods are preconditions for developing practical responses to structural human rights challenges. A cross-cutting priority in the DIHR Strategy 2013-2016 is therefore to strengthen the capacity to carry out research and analysis with a view to generating new insights, developing better methods and tools and creating more effective learning processes. The importance hereof is acknowledged in the review. DIHR s activities in this area comprise three different, but interrelated, types of activities, namely: 1) Research and analysis: serve to provide new insights into human rights and development and to support geographic programmes. 2) Methods and tools: lessons, experiences and needs from DIHR s programmes and research are captured, documented, evaluated and matured into knowledge and methods that can be applied in other areas of DIHR s intervention areas (geographic programmes and international influence) and by other actors. 3) Human Rights education: is included on a needs-basis when DIHR carries out activities with partners that include learning dimensions, e.g. an e-learning package on HRBA and an e- learning tool for NHRI working with the UN Global Compact and business. The overall objective is to strengthen the effective implementation of human rights in a development context through research, analysis, methods, tools and education. The thematic issues of particular relevance across the intervention area are: HRBA; Universal Periodic Review (UPR); economic social and cultural rights; human rights and business; human rights education; the right to participation and the rule of law. These different types of activities will be directed towards the current thematic priorities of particular significance to DIHR s entire international programme thus extending beyond the scope of the Cooperation Agreement (see the budget forecast for 2014 in Annex 8). 3. International Influence: As an NHRI with an international mandate, DIHR has a role to play in relation to the international human rights system and in enhancing the capacity, role and recognition of NHRIs globally. In areas where DIHR has specific expertise, it will further seek to channel its knowledge into international institutions and systems. The overall objective is to strengthen the role of national human rights institutions and the international systems for the protection and promotion of human rights. The intervention area consists of two pillars: National Human Rights Institutions: collaboration with NHRI networks and individual NHRIs in order to protect and promote human rights regionally and internationally and to improve

6 the ability of individual institutions to carry out their mandate and fulfil their roles as defined in the Paris Principles. International Human Rights Systems: the context for national human rights implementation is influenced by human rights norms and structures within the regional and international human rights systems. There is a continuous need to strengthening these in areas where they are underdeveloped. This includes for example human rights norms related to the private sector or the right to participation, or it may include structures such as the Universal Periodic Review, UN Treaty Bodies and Special Procedures. Budget for the Cooperation Agreement in 2014 and changes from 2013 Strategic focus areas 2013 Budget 2014 Budget (1,000.DKK.) (1,000.DKK) 1. Geographic Focus 13,378 13,271 Southern Africa (Zimbabwe, Zambia) 6,355 6,075 Western Africa (Burkina Faso, Niger, Mali) 4,514 7,196 Asia (Cambodia, Nepal 6 ) 2,509 0 2. Knowledge and Methods 8,711 8,411 Research and analysis 5,519 3,925 Education 3,192 2,804 Methods and tools 0 1,682 3. International Influence 3,308 4,206 National Human Rights Institutions 2,133 2,360 International HR Systems 1,175 1,846 4. management 1,669 1,402 Monitoring and Evaluation 1,122 935 Communication 547 467 5. Audit 7 224 0 6. Admin (7%) 1,910 1,910 Total (1-6) 29,200 29,200 In 2014, the Asia programme (DKK 2.3 million in 2013) has been phased out to allow for stronger geographic focus. The West Africa allocation has increased by DKK 1.2 million, to offset the phasing out of the Freedom Fund (Frihedspuljen), and increase resources available for partner activities in the region, the latter being a recommendation of the review. The allocation for Knowledge and Methods has increased with DKK 1.6 million in line with the review recommendations to improve linkages with programme activities and international influence. The direct transfer to partners amounts to DKK 4.2 million, which is an increase from 2013. DIHR s total income for 2014 is budgeted at DKK 136.4 million based on the budget approved by DIHRs board in November 2013 (see Annex 8). International activities comprise DKK 83 million, of which DKK 68 million come from the MFA. Apart from the Cooperation Agreement, DIHR 6 DIHR has a MoU with the Nepalese Human Rights Commission on human rights education in 2014 and the activity in 2014 is covered by the NHRI-programme. It will be decided during 2014 whether the engagement with the Commission will be continued. 7 Expenses for audit has been included in the budget for programme activities in 2014

7 receives funding from the MFA for country programmes in the Middle East and Northern Africa (Libya, Tunisia, Yemen) and Asia (Afghanistan and China). The non-mfa funds come from a multitude of sources of which the EU and Swiss Development Cooperation are currently are the largest. Other significant partners include DfID, SIDA, Nestlé, Shell, and Novo Nordic. Significant risks: A list of the main risk factors is attached as Annex 9. This section gives an overview of some of the main risks to the overall Cooperation Agreement programme. In terms of likelihood and impact, contextual risks are significant in the geographic projects. In Zimbabwe, the new ZANU-PF dominated government poses a risk to the engagement with DIHR partners. In West Africa, security challenges and political instability are the key risks. Delayed implementation has been experienced, but overall objectives have so far not been abandoned. The main reason is an effective risk mitigation strategy based on context knowledge and partnerships with diverse actors from the state and civil society. This allows DIHR to act in a flexible manner. One of the key programmatic risk relates to timely and long-term availability of funds for DIHR and partner activities. The restructuring of the annual Cooperation Agreement grant into a multiyear grant following an application to become a Framework Organization is key to mitigate this risk. The likelihood of not continuing the present programme activities in the future for financial reasons is considered unlikely, but the impact would be significant. A second overall programmatic risk is related to DIHR s decreasing purchasing power of the current Cooperation Agreement as DIHR has been operating under a fixed ceiling of DKK 29.2 million for many years. Corruption, misappropriation of funds, and inadequate financial controls are common institutional risks in partner countries in West Africa and in Southern Africa. To mitigate these risks, DIHR requires partners to undergo regular audits by international accountants and to adhere to a policy of zero-tolerance on corruption. Contracts with partners, as in all previous years, include the Danida anti-corruption clause, and DIHR has established an integrity management system regarding anticorruption practices. The likelihood is considered likely and the impact could be minor to major depending on the response from DIHR. DIHR s financial management and administrative safe-guard mechanisms could also be identified as an institutional risk, but improvements have been accomplished in this area as confirmed by the Auditor General s Office, the MFA controller team and the MFA Department for Quality Assurance (KVA). It is thus considered unlikely that DIHR s financial management would affect the overall programme negatively in the future, but the impact of new irregularities would be significant. In December 2013, the Auditor General s Office was informed by the MFA about possible financial irregularities with respect to a DIHR consultancy agreement with the Zambian Ministry of Justice and the UNDP in New York. The issue, identified by the 2013 review, concerned the use of Cooperation Agreement funding in relation with two commercial contracts in 2008-10. In January 2014, the DIHR responded to the MFA s request for clarifications. Already in 2012, DIHR changed its accounting practice and took steps in 2012-2013 to secure a correct categorization of external funding as commercial contracts ( Indtægtsdækket virksomhed ) and other externally funded activities ( Anden Tilskudsfinansieret Aktivitet ).

8 Annex 1 - Partners: Partners in the Cooperation Agreement 2014 Regions Country Partner Africa Regional Network of African National Human Rights Institutions (NANHRI) Southern Africa West Africa Zambia Zimbabwe Mali Niger Burkina Faso Benin The Gambia Zambia Judiciary: Legal Aid Board Zambia Judiciary: Local Courts Action Aid The Prison Care and Counselling Association (PRISCCA) Zambia Human Rights Commission Zambia Council for Social Development Zambian Governance Foundation (ZGF) National Association of Non-Governmental Organisations (NANGO) Zimbabwe Human Rights Commission Zimbabwe Environmental Law Association (ZELA) CNDH : Commission Nationale des Droits de l Homme = Mali s National Human Rights Commission La Police Nationale = National Police DEME SO = Clinique d Aide juridique = legal aid clinic The Ministry of Justice and Human Rights CODDHD : Collectif des organisations de Défense des Droits de l Homme et de la Démocratie = network of organisations for the defense of human rights and democracy GNN : Garde Nationale du Niger = National Guard La Police Nationale = the national police ROTAB = Le Réseau des organisations de la Société Civile pour la Transparence dans les industries extractives et l analyse budgétaire. FSEJ = Faculté des Sciences Economiques et Juridiques (HR Resource Centre) La Police Nationale = national police Ministère des Droits Humains = Ministry for Human Rights promotion Association Femmes Juristes (Women Laywers) The UNESCO Chair of Human Rights at the University Abomey Calavi in Cotonou - Benin The Secretariat of the African Commission on Human and Peoples Rights

9 Annex 2 - Background Organizational structure DIHR is divided in a national and an international division teams in the international division are responsible for developing programme strategies and documents, collecting programme documentation, and developing baseline and monitoring framework, maintaining reference groups, internal and external reporting. Approximately 50 full-time staff members are engaged in DIHR s entire international work. COMMUNICATIONS Dept. Director: Ulla Dyrborg MANAGEMENT Executive Director Jonas Christoffersen MANAGEMENT SECRETARIAT Dept. Director: Ann Lisbeth Ingerslev Administration and Finance HR & Infrastructure NATIONAL DIVISION Deputy Director Louise Holck EDUCATION Dept. Director: Theresia K. Boesen RESEARCH Dept. Director: Thomas Gammeltoft- Hansen EQUAL TREATMENT Dept. Director: Susanne Nour MONITORING UNIT Dept. Director: Christoffer Badse INTERNATIONAL SECRETARIAT INTERNATIONAL DIVISION Deputy Director RULE OF LAW Dept. Director: Lisbet Ilkjær PUBLIC PARTICIPATION Dept. Director: Jakob K. HUMAN RIGHTS & BUSINESS Dept. Director: Allan L. Jørgensen

10 Financial management DIHR is an independent, self-governing institution within the public sector audited by the Danish Auditor General (Rigsrevisionen). Funds transferred to partners abroad are audited locally by internationally reputed audit companies. DIHR uses the official financial management software of the Agency for the Modernisation of Public Administration (Moderniseringsstyrelsen) to manage its finances. In 2013, DIHR completed the transfer to a new version (Navision 5.4). Monthly budget and expenditure follow-up procedures have been implemented during 2013 as required by Ministry of Finance regulations, just as a number of financial guidelines and instructions were adopted and implemented during 2013. Significant improvements to the financial administration have been implemented since the DIHR uncovered the flawed accounting practice in 2011. All conditions under the 2013 Cooperation Agreement grant have been met. The MFA (ØKO/KVA) has recognized the positive impact of the initiatives undertaken in 2012 and 2013 and steps are currently being taken to change the modalities of the future funding of DIHR s work in the field of international development.

11 Annex 3 Selected key indicators (results framework): 1. Geographic focus Objective ( 2013 2016) Impact Indicator West Africa - Burkina Faso To support the development of well-functioning national human rights systems, where key human rights actor effectively exercise their mandate and/or mission and complements the role of other actors. National actors for human rights promotion and protection are effective in the realisation of their mandate and role and therefore able to address the UPR recommendations accepted by Burkina Faso in 2013. Rule of law Outcome indicator Association of Women Lawyers has a well-functioning legal aid clinic. Baseline Year 2013 No formal baseline exist however statistics for clients are available Target Year 2014 A 10% increase in the number of clients registering at the legal aid clinic (250 registered in 2013). Rule of law and participation Outcome indicator The Human Rights Ministry of Burkina Faso coordinates the discussion of adopted Universal Periodic Review recommendations with the government and line ministries and have consultations with the civil society Baseline Year 2013 No formal baseline exists but the Ministry has not started this work on coordinating the integration of recommendations. Target Year 2014 3 government initiatives based on the UPR following consultations with civil society. Objective (2013-2016) Impact Indicator West Africa - Mali To support the development of a well-functioning national human rights system, where key human rights actor effectively exercise their mandate and/or mission and complements the role of other actors. National actors for human rights promotion and protection are effective in the realization of their mandate and roles to address the UPR recommendations accepted by Mali Rule of law Outcome Mali s Human Rights Commission s national mandate has been strengthened in relation to monitoring of human rights including UPR recommendations. Outcome indicator Draft legislation discussed with all concerned stakeholders Baseline Year 2013 The legislation is not in accordance with the Paris Principles (B-

12 status with the ICC) Target Year 2014 UN Paris Principle legislation has been drafted Outcome indicator Formal decision by the National police to integrate human rights in their curriculum Baseline Year 2013/1 No human rights courses in the curricula 4 Target Year 2014/1 5 The survey of the perceptions of human rights by the police and how the population look at the police s work in relation to human rights is validated by the police as the basis for the material developed for human rights courses. Objective (2013-2016) Impact Indicator Outcome indicator (9) West Africa - Niger To support the development of a well-functioning national human rights system, where key human rights actor effectively exercise their mandate and/or mission and complements the role of other actors. National actors for human rights promotion and protection are effective in the realisation of their mandate and roles to implement the new national policy on justice and human rights. Participation Initiatives are taken by the government to improve conditions of detention on the basis of an advocacy campaign from Niger civil society network (CODDHD) Baseline Year 2013 No formal baseline exists but CODDHD has made recommendations in its human rights rapport on conditions of detention in 2013. Target Year 2014 CODDHD dialogue with the government is based on welldocumented human rights monitoring and investigation regarding conditions of detention. Outcome indicator (10) Human rights and business The knowledge of relevant ministries and mining companies working in Niger is increased on legal and policy frameworks with regard to the mining industries in Niger Baseline Year 2013 Base line is currently being developed

13 Target Year 2014 Baseline report on the human rights impact of mining industries in Niger written by civil society actors (human rights activists, trade union members and researchers) coordinated by the ROTAB (NGO network) Objective (2013-2016) Impact Indicator West Africa - Regional To support the development of a well-functioning national human rights system, where key human rights actors effectively exercise their mandate and/or mission and complements the role of other actors. National actors for human rights promotion and protection are effective in the realisation of their mandate and roles. Rule of law Outcome indicator (11) The draft guidelines on pre-trial detention examined and discussed by the African Commission Baseline Year 2013 No guidelines on pre-trial detention exist on the African continent Target Year 2014 One official discussion among the commissioners Objective (2013-2016) Impact Indicator Southern Africa - Zambia To support the development of well-functioning national human rights systems, where key human rights actors effectively exercise their mandate and/or mission and complements the role of other actors Legal Service Unit (a Unit based at the Lusaka Subordinate Court providing legal representation, information, advice and assistance for those facing criminal charges) is integrated as one of the delivery models for justice in the current development of legal aid policy in Zambia in accordance with the National Development Plan for Zambia and approved recommendations to the 2012 UPR on reducing the burden on the court system. Justice Component Outcome indicator (1) Legal Service Unit functions as a best practice model for public access to legal services, including legal advice and representation Baseline Year 2013 Baseline shows that lack of support to those entering into the court system, especially poor and uneducated, is a key challenge in the provision of justice. Few legal aid services (occasional presence of legal aid assistant in court) provided at subordinate court level prior to 2013. 1'139 LSU clients assisted in 2013 at LSU Pilot at Lusaka Subordinate Court. Target Year 2014 Legal service unit elaborated and documented as a model for

14 improved justice delivery in Zambia and pilot results and challenges documented through. Continuation of the LSU Pilot at Lusaka Subordinate Court, based on renewed cooperation between Judiciary, Legal Aid Board and partner civil society organization. 10% increase number of LSU clients and increased documentation of client outcomes. Business Component Outcome indicator (2) Zambia Human Rights Commission integrates guiding principles on Transnational Corporations and human rights in their action planning. Baseline Year 2013 No formal baseline exists. However, the Human Rights Commission (prior to partnering with DIHR) has not before been engaged in the issues of human rights and business in Zambia. Target Year 2014 Zambia Human Rights Commission participates in the development and promotion of a Business Guide to Human Rights in Zambia through statements and recommendations to government Objective (2013-2016) Impact Indicator Southern Africa - Zimbabwe To support the development of well-functioning national human rights systems, where key human rights actors effectively exercise their mandate and/or mission and complements the role of other actors. The Zimbabwe Human Rights Commission plans and implements its activities based on strategic planning based on their mandate and the Paris Principles and is respected both with state and civil society as an independent human rights voice which is in line with approved UPR recommendation of making the Commission Operational. Business Component Outcome indicator Human rights and business actors in Zimbabwe have identified initiatives for engagement in relation to implementation of guidelines on human rights and business in mining and extractive industries. Baseline Year 2013 Initial stakeholder meeting in 2013 (non-framework project) indicates there is political will by stakeholders to engage in human rights and business in relation to mining and extractive industries. Target Year 2014 Recommendations on Human rights and business due diligence are formulated by national actors from government, civil society and business relevant for the mining sector as a result of the multi-stakeholder forum deliberations Stakeholder recommendations on mining sector and disseminated. NHRI Component

15 Outcome indicator (4) Zimbabwe Human Rights Commission has the capacity to identify and develop activities based on strategic planning Baseline Year 2013 As a new NHRI, which only started functioning in 2013, the Commission has not previously engaged in any strategic planning exercises. Target Year 2014 Strategic Plan for ZHRC developed and adopted by board by year s end. 2. Knowledge and Methods Objective (2013-2016) Impact Indicator Knowledge & methods: Research The purpose of DIHR CA research during 2014-16 is to develop relevant knowledge and methods in the field of human rights and development, and to support program effectiveness through analysis and knowledge dissemination. Research and analysis are an integral component of all DIHR CA programs Methodology Outcome indicator Draft manuscripts for pedagogical book on cross-disciplinary approaches in human rights submitted for international editorial committee among which DIHR staff. Baseline Year 2014 Committee from Norwegian Centre, Raul Wallenberg and DIHR assesses need (meeting planned for 31 st January 2014) Target Year 2015 Publication of book by international publishers. Human Rights-Based Approaches and Social Development Outcome indicator Field work report from Eastern or Central Africa/DIHR project sites completed at the end of 2014. Baseline Year 2013/ WBG Community Development Program Baseline Year zero 2014 Target Year 2014 Field report data measure characteristics of the extremely poor in rights terms and assess how these groups benefit from community development and rights-based programs. Objective (2013-2016) Impact Indicator Outcome indicator Knowledge & methods: Methods & tools Human rights in development contexts promoted through solid human rights knowledge, empirically validated methods, tools and learning processes. Clear understanding of role and mandate of the government focal points in the organisation and follow- up to UPR process. Development of Availability, Accessibility, Acceptability, Quality framework for monitoring ESCR rights Methods are available and taken up in other DIHR partnerships with CSO partners for assessing the availability, accessibility, appropriateness and

16 quality of economic, social, and cultural rights. Baseline Year 2014 Methods not consolidated or publically available. One partner engaged in pilot project Target Year 2015 Methods and indicators publically available in easy to use format. Two non-framework partners are engaged in using the AAAQ framework Universal Periodic Review Outcome indicator Methods to follow up on UPR recommendations are developed with partners in national human rights governmental focal points and NHRIs Baseline Year 2013 No formal base line, but a study from West Africa from 2013 shows a confusion of mandates and roles among human rights actors and their obligations. Target Year 2014 Analysis of role and human rights actors and UPR methods developed Human Rights Based Approach. Outcome indicator Completion of DIHR HRBA policy, strategy, and action plan Analytical paper on the theoretical and methodological framework of a HRBA developed to clarify the legal foundation and other rationales for the approachhrba documents adopted by management (Policy, Strategy, and Action Plan). Baseline Year 2014 2013 Review recommends DIHR to finalise HRBA policy knowledge base for strategic and programmatic decisions regarding HRBA Target Year 2015 Clear policy and DIHR approach to HRBA Integration of HRBA in different programming, procedures and analytical tools. Objective (2013-2016) Impact Indicator Education Institutions with a human rights education (HRE) mandate work effectively with human rights education in order to support the protection and promotion of human rights in development contexts. 1. NHRIs effectively implement their mandate on HRE 2. HRE methodologies and tools are applied in DIHR programmes with educational components ( where needed and relevant) Support to NHRIs through human rights education (upon request) Outcome indicator NHRIs have used human rights-based approach to HRE to strengthen their strategic work Baseline Year 2014 Partner NHRIs currently do not have any policy or strategic framework reflecting their roles, responsibilities and planned actions within the field of HRE and HRBA. Target Year 2015 Partner NHRIs have mapped and incorporated HRE and HRBA roles, responsibilities and activities into their policies and

17 strategic frameworks allowing them to fulfil their mandate d role and functions. Mainstreaming human rights education in relevant DIHR programmes Outcome indicator HRE form an integral part of DIHR programming Baseline Year 2014 DIHR has an HRE toolbox to be applied into all training activities. However, no systematic roll out of same has been conducted, only introductions to departments. Target Year 2015 The HRE toolbox is systematically rolled out in the organisation, through tailor made mandatory courses for all employees, leading to employees using HRE methods and tools in their work on projects and/or with partners on a needs basis (to be determined by assessments). Concretely, will the West Africa programme countries receive contextualised roll out activities. 3. International influence Objective (2013-2016) Impact Indicator Engagement title International Human Rights System National Human Rights Institutions are able to fulfil their national functions and collaborate internationally, and international systems and frameworks provide basis for human rights protection and promotion. NHRIs have the mandate, status resources and expertise needed to fulfil their roles as defined in the Paris Principles and according to the role afforded to them in the UN General Assembly Resolution November 2013. The aligns with Universal Periodic Review, the ICC Subcommittee on Accreditation and key strategies and work plans including Danish policy on human rights, OHCHR Strategic priorities, priorities of UN special procedures on business and participation as well as the strategies and work plans of the International Coordinating Committee of National Human Rights Institutions, and relevant NHRI regional networks. NHRI Capacity and Collaboration Outcome indicator A concept and funding modality is established, endorsed by the International Coordinating Committee of NHRIs (ICC), for a global platform for NHRI capacity exchange on issues related to their mandates. ICC and Network of African National Human Rights Institutions have developed plans for organisational capacity building. Baseline Year 2013 No formal baseline. However, DIHR studies and stakeholder consultation show lack of capacity building mechanisms in global NHRI network. Target Year 2014 ICC and donor support for concept secured. 4 substantive capacity building engagements conducted by DIHR with NHRIs in developing countries.

18 NHRI Working Group on Business and Human Rights Outcome indicator Human rights and business training resources, tools and methods for NHRIs are used. NHRIs collectively participate in international policymaking processes on human rights and business (e.g. in UN, OECD, Council of Europe) in line with their mandates. Baseline Year 2013 No published global baseline, but Network of African National Human Rights Institutions (NANHRI) Mapping Survey 2012 on Business and Human Rights for African NHRIs, European Network National Human Rights Institutions (ENNHRI) Membership Survey 2013 for European NHRIs, ICC Working Group survey 2010 have all indicated need for capacity building of NHRIs on business and human rights. UN Working Group on Business and Human Rights reports have called for increased action and capacity development of NHRIs on business and human rights. Target Year 2014 NHRI blended learning programme on human rights and business completed and used by 3 NHRIs. Five formal oral and/or written interventions are delivered on behalf of NHRIs in international fora (UN, OECD, Council of Europe) during sessions related to human rights and business. This refers to formal delivery of statements by NHRIs in formal processes of international organisations. Re website these may be afterwards published on various websites, but this is not the primary outlet UN Working Group on Human Rights and Transnational Corporations and other Business Enterprises Outcome indicator UN Guiding Principles on Business and Human Rights among key actors in State, Business and Civil Society, and expansion of capacity of actors to implement the Guiding Principles. Decision on prolonging the mandate of the UN Working Group on Human rights and Business by the UN Human Rights Council end 2014. Baseline Year 2013 No formal baseline. However, official UN Working Group reports provide overview of existing situation. Target Year 2014 Annual surveys demonstrate awareness and implementation of the UN Guiding Principles by States, business and civil society. UN Working Group addresses other standard setting bodies (UN special procedures e.g UN Special Procedure (UNSP) on Human Rights and the Environment, or UNSP on Extreme Poverty) and initiatives in meetings, presentations and public statements on the subject of alignment with the UN Guiding Principles. Two official country visits conducted by the UN Working Group.

19 International Working Group on the Right to Participation Outcome indicator Standards and tools on public participation are developed by DIHR and international expert group acted as reference group in process. Tested with DIHR state and civil society partners from West and Southern Africa, MENA region, Central Asia and submitted to key UN fora. Baseline Year 2013 DIHR studies shows lack of standards on public participation in international systems and in country programmes. Target Year 2014 Public participation tools submitted to relevant UN for a (UN Human Rights Committee and the Special Procedure on Assembly and Association), and applied by DIHR and selected partners in two developing countries Annex 4 - Approved response by representation to summary of recommendations in the appraisal report: N/A

20 Annex 5 - List of relevant supplementary material: Ministry of Foreign Affairs (MFA) - Civilsamfundsstrategien, MFA, December 2008 - Denmark's approach to the International Human Rights Cooperation, MFA, 2009 - Democratization and human rights for the benefit of the people. Strategic priorities for Danish support for good governance, MFA, June 2009 - The Right to a Better Life, Strategy for Denmark s Development Cooperation, MFA, 2012 - Priorities for Danish Development Cooperation 2014-2017, MFA, August 2013 - Review of the Danish Institute for Human Rights. NCG and IHRS (on behalf of the MFA), MFA, September 2009 - Review Report: Danish Institute for Human Rights China, MFA, March 2013 - Review of Danish Institute for Human Rights, MFA, November 2013 Danish Institute for Human Rights - Cooperation Agreement Application 2014, January 2014, including a detailed logical framework - Reporting on the Cooperation Agreement 2012, June 2013 - Framework Agreement between the Danish Ministry of Foreign Affairs and Institute for Human Rights, April 2013 - DIHR Strategy 2013 2016, November 2012 - Statement of Compliance with the Paris Principles, September 2012 - DIHR Annual Report 2012, 2013 - Internal evaluation of the first phase of the NHRI Working Group on Business and Human Rights 2009-2011 (2012). Copenhagen: DIHR. - Evaluation of DIHR s partnership programme with the General Secretariat Council of Legal and Judicial Reform (GS-CLJR). Implementation of Legal and Judicial Reform in Cambodia. 2012. Copenhagen: DIHR - West Africa Strategy Evaluation 2007-2011. 2012. Copenhagen: DIHR. Other material - Act no. 553 of 18/06/2012: Act establishing the Danish Institute for Human Rights Denmark s National Human Rights Institution, 2012 (and amendment 12 June 2013) - National institutions for the promotion and protection of human rights ( Paris principles ). General Assembly resolution 48/134 of 20 December 1993 - Re-accreditation of A-status to DIHR in accordance with Paris Principles. UNHCHR 3 December 2012

21 Annex 6 - Milestones in relation with framework agreement (2015 and beyond) The following milestones have been agreed as a response to the 2013 review and in preparation of the Framework Organization application, which is subject to the approval by the Minister for Development Cooperation and the Parliament. Area/ action Explanation Timeframe Strategic issues Strategy process of DIHR s international work for 2015 and beyond New strategy for research and analysis Clarification of the role of the Board Policies and guidelines Concept for capacity development of partners This will aim to strengthen the strategic direction of the international work, including greater coherence between DIHR s national and international work; clarification of aims and objectives within the scope of the current strategy 2013-2016 Ensure greater coherence between research and programme activities. Strategy to be adopted by the Board. Enhance the role and capacity of DIHR board in relation to the international activities A comprehensive concept for capacity development, including a new concept for human rights training courses 1 st - 2 nd quarter 2014 To be approved by the DIHR Board in August 2014 1 st quarter 2014 2 nd - 3 rd quarter 2014 2 nd - 3 rd quarter 2014 New internal DIHR policies - HRBA, - partnerships, - anti-corruption Management and programme issues Capacity assessment Institutional capacity assessment according to the 15 criteria for becoming a Framework Organization Annual report Discuss formats and prepare a consolidated annual report of all MFAfunded activities Review of current project portfolio Revised M&E system, including establishment of baselines, evaluations and results-reporting New system for output-based budgeting and expenditure reporting Assessment of progress, relevance and effectiveness of existing activities in light of the strategy process. Baselines studies for Mali, Burkina Faso, Niger and Zimbabwe completed This system will allow DIHR to track costs of services and technical assistance in relation to outputs and results 2 nd - 4 th quarter 2014 1 st quarter 2014 1 st - 2 nd quarter 2014 1 st - 2 nd quarter 2014 1 st - 3 rd quarter 2014 2 nd - 4 th quarter 2014