24 March 2010

 

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,

I thank you for this opportunity to introduce OHCHR’s country-related reports. 

Let me begin with the report on the activities of the OHCHR office in Guatemala, which appears as an addendum to the High Commissioner’s Annual Report (A/HRC/13/26/Add.1).  OHCHR-Guatemala continued to monitor the human rights situation and to provide advisory and technical assistance services to State institutions and civil society, paying particular attention to the impact of the security situation on human rights, challenges to the fight against impunity, the development of strategies to bolster the rule of law, and the fight against discrimination and poverty. 

During the reporting period, the level of insecurity remained alarmingly high and the National Civilian Police unable to address the significant challenges posed by this situation. Not enough active officials, frequent changes and dismissals within the Ministry of Interior, numerous cases of police corruption, and weak judicial institutions perpetuated the high level of impunity. In this regard, it is important to note the extension of the mandate of the International Commission against Impunity (CICIG) in July 2009. This Commission continued to assist the Government in the fight against impunity and in strengthening the rule of law.

Important progress was made in the fight against impunity for past violations, including in particular a landmark decision by the Constitutional Court, in July 2009, recognizing enforced disappearances as a continuing or permanent crime, in accordance with international standards. A month later, this decision was reflected by the Court of Chimaltenango in its first conviction for such a crime. These first steps are critical to the achievement of justice for all enforced disappearance cases that have yet to be tried. In 2008, OHCHR had presented an amicus curiae brief before the Constitutional Court on this matter.

The report also refers to the severe food crisis that hit the country in 2009, affecting an estimated 2.5 million people. The impact of the crisis was particularly heavy in the departments of the “Dry Corridor”.

The situation of indigenous peoples is a major focus of OHCHR in Guatemala. In this context, two important initiatives implemented with partners are mentioned in the report: a project to improve the rights of indigenous women, and the “Maya Programme” which aims at creating legal clinics and strengthening the capacity of individuals and civil society in strategic litigation on the rights of indigenous peoples.

The report also provides an overview of the activities of OHCHR-Guatemala in 2009, the technical assistance and advice extended to various government counterparts and national institutions, as well as civil society.

The activities of the OHCHR office in Bolivia are also presented as an addendum to the High Commissioner’s Annual Report (A/HRC/13/26/Add.2).  I wish to take this opportunity to thank the Government of Bolivia for its political will in renewing the mandate of the office and in extending a standing invitation to the Human Rights Council’s special procedures, as voluntarily pledged at the outcome of its UPR last month.

The report refers to landmark developments, such as the adoption of a new Constitution which grants increased levels of recognition to the rights of indigenous peoples. However, legislative initiatives and institutional reinforcement are necessary to give practical effect to these rights, and concerted and sustained efforts are required to assist the majority of indigenous peoples, who live in particularly adverse social and economic conditions.  In addition, some members of the Guaraní communities are subjected to servitude and forced labour.

The new Constitution also recognizes economic, social and cultural rights. Commendable also are the relevant follow-up measures, such as the creation of the subsidy aimed at reducing maternal and infant mortality, as well as progress made in the implementation of the National Human Rights Action Plan.

There have been some advances in the fight against impunity, including the search for the remains of those who disappeared during past military dictatorships and the trial of former President Sánchez de Lozada and others. Such efforts need to be broadened in order to ensure effective reparation for all victims of human rights violations. There has also been progress in the investigations into the Pando massacre of September 2008 and into the racist incidents that occurred in Sucre in May 2008.

However, for the gains against impunity to be sustained, the judicial system must be strengthened. This is a particularly serious challenge in the context of a deep institutional crisis, as illustrated by the failure to fill senior judicial posts and the consequent paralysis of the Constitutional Court.  Last month, as a transitional measure, President Morales directly appointed eighteen interim judges to three national judiciary bodies.  We fully appreciate the necessity of finding a solution to allow for the full functioning of the judiciary.  However, we urge the Government and other relevant institutions to ensure that the ongoing judicial reform fully incorporate the principles of judicial independence.

During the year under review, our Office in Bolivia also monitored the human rights situation in the context of the national referendum in January 2009 and the general elections in December 2009.  The Office also supported the main stakeholders, including the Government, the Ombudsman’s Office, human rights NGOs and the UN Country Team in preparation for and during Bolivia’s engagement with the UPR last month.

Excellencies,

I now turn to the report of the High Commissioner for Human Rights on the question of human rights in Cyprus (A/HRC/13/24). The United Nations has been engaged on this issue for more than 35 years and the report before you is one of the longest-standing UN human rights country reports. Despite commendable efforts on all sides, the underlying situation of the country has not been resolved. The report is based on a long series of legislative mandates, starting with Resolution number 4 (XXXI), adopted by the Commission on Human Rights in 1975.

A UN human rights presence exists in all countries dealt with in the reports presented to the Council.  However, this is not the case regarding Cyprus. Thus, the sources for this report are carefully chosen and include other UN reports, judgments of the European Court of Human Rights, and information supplied by regional organizations, such as the Council of Europe. This year we were also able to include information from the UPR.

The report focuses primarily on aspects of the human rights situation related to the unresolved conflict across the entire island. For instance, it offers an update on the tracing and identification of missing persons and notes the acute emotional pain experienced by family members of the disappeared. The European Court of Human Rights has found that the suffering of those family members could in some instances amount to inhuman and degrading treatment.

On the question of property rights, the report notes some progress in the implementation of a series of key European Court of Human Rights judgments in cases where property was compensated for, restituted or exchanged.  Other human rights issues covered by the report include freedom of movement, equality and non-discrimination, freedom of expression, right to life, freedom of religion and the right to education.

This year’s report of the High Commissioner on the assistance to Sierra Leone in the field of human rights (A/HRC/13/28) refers to the broad range of activities undertaken by the Human Rights and Rule of Law Section of the United Nations Integrated Office in Sierra Leone (UNIOSIL), including training, advisory services, joint programming and material support for the promotion and protection of human rights.

The Section has supported the Ministry of Foreign Affairs with the drafting of a national strategy on treaty reporting. In an effort to increase the operational effectiveness of the National Human Rights Commission, technical assistance has been provided for the preparation of its annual report and for the finalisation of its strategic plan for 2009-2011.

Sierra Leone has continued to progress in building its national capacity for the promotion and protection of human rights. There have been important legislative developments, including the ratification of the Convention on the Rights of Persons with Disabilities. Progress has also been achieved in strengthening the rule of law: various projects to support the justice sector have been initiated and the Anti-Corruption Commission is operational. 

As part of the Agenda for Change a second poverty reduction strategy has been adopted as well as a plan to address challenges in the health sector. We have no doubt that civil society, which has been strengthened, will play a key role in monitoring and advising in this context.

Serious challenges remain however. The law reform process, including the constitutional review, is making little progress. There persists a need to separate the office of the Attorney-General from the Ministry of Justice, to remove the death penalty provision from the Constitution, and to review the seditious libel provision of the Public Order Act. Financial resources are needed to ensure the operational effectiveness of the Independent National Human Rights Institution, and the reparations programme, identified by the Truth and Reconciliation Commission as central to achieving national healing and reconciliation in the aftermath of the war.

I will now turn to the High Commissioner’s report on the situation of human rights and on the achievements of technical assistance in the field of human rights, in Afghanistan (A/HRC/13/62), where OHCHR works in partnership with the United Nations Assistance Mission (UNAMA).

In 2009, Afghanistan was engulfed by levels of violence not experienced in the recent past. The report highlights the challenges of addressing human rights issues in an environment characterized by intensifying armed conflict, heightened insecurity, poor governance, disputed elections, widespread poverty, deeply entrenched impunity, and persistent discrimination against women.

Last year, Afghanistan suffered the highest civilian death toll since the fall of the Taliban regime in 2001, although the proportion of casualties inflicted by pro-government forces during the reporting period showed an encouraging decline following new directives and precautionary measures. OHCHR/UNAMA has issued regular reports on the protection of civilians in armed conflict and has continued to advocate measures to secure compliance with international humanitarian law and respect for the protection of civilians, including women and children.

Conflict-related detention policies continue to be a major concern given the lack of a legal framework, policies and practices which comply with Afghanistan’s obligations under international and national law. While recent improvement to the US’ detention policies is welcome, such policies must be matched with genuine guarantees to ensure that detainees are provided with a meaningful way to challenge allegations against them.

OHCHR/UNAMA is paying particular attention to the situation of women. In a report entitled “Silence is Violence: Stop the Abuse against Afghan Women and Girls” which was published in July 2009, we documented the degree to which violence against women, in both the public and private spheres, remains pervasive and widespread. The Shi’a personal status law, endorsed by presidential decree in July last year, was a particular setback for women’s rights. On the other hand, the Law on the Elimination of Violence against Women, also endorsed by presidential decree, represents a critical and positive development in the protection and promotion of women’s rights.  This law needs to be strengthened to avoid legal ambiguity and to facilitate implementation. In general, sustained efforts must be made to ensure that all legislation is in line with Afghanistan's constitutional guarantees and international human rights obligations.

The Government should address the issue of widespread fraud and irregularities which damaged the integrity of the presidential and provincial elections. It must take appropriate steps to foster an open political environment and debate which will also facilitate the parliamentary election process later this year. To this end, the protection of freedom of expression is of paramount importance. Certain provisions of the new Media Law, which came into force in July 2009, could potentially undermine this right and must be reviewed and amended.

Efforts to develop accountable governance and the rule of law in Afghanistan continue to be thwarted by the impunity enjoyed by abusive power holders. Perpetrators of human rights violations and abuses not only enjoy impunity, some have even been elected to public office, allowing the enactment of a Resolution on National Reconciliation and General Amnesty which will grant amnesty to perpetrators of serious human rights violations during the conflicts in Afghanistan.  This law, which has now been formally gazetted, risks further entrenching the cycle of impunity and injustice, undermining prospects for genuine reconciliation and, by extension, peace and stabilization efforts. It should be repealed. Effective vetting mechanisms must also be put in place, which exclude alleged human rights abusers from standing as candidates in the forthcoming parliamentary elections. Any negotiation process with the armed opposition must take full account of human rights principles, in particular with respect to the lives of women.
 
The report also highlights the technical cooperation initiatives undertaken by OHCHR/UNAMA with various stakeholders, such as the Ministry of Justice and the Afghan Independent Human Rights Commission, provincial authorities and the Ministry of Foreign Affairs, notably with respect to its submission of a high-quality report under the UPR.

Let me now introduce the report of the High Commissioner on the activities of OHCHR in the Democratic Republic of the Congo (A/HRC/13/64). The report begins by noting that the country is starting to suffer from “recommendation fatigue”. For many years, various parts of the UN human rights system, including our Office, this Council, many of its special procedures, as well as the treaty bodies have reported on the situation in the DRC and made recommendations to the Government. Implementation of those recommendations has been very limited.

The report describes a number of daunting human rights challenges, including arbitrary and/or illegal arrests and detentions; appalling conditions in the penitentiary system, the torture and ill-treatment of prisoners; sexual violence and impunity of offenders; and violations of economic and social rights and illegal exploitation of natural resources. The situation of journalists, human rights defenders, and victims and witnesses of abuses continues to be very precarious. Failures in the administration of justice and widespread impunity, including with regard to violations committed by members of the Congolese armed forces remain of grave concern. For each challenge, the report recalls a number of selected past recommendations, outlines actions taken by the Government, assistance provided by the joint UN/Human Rights Office (UNJHRO) and offers an assessment of the obstacles to the implementation of the reviewed recommendations.

OHCHR acknowledges positive efforts by the Government to align its policies and practices with international human rights obligations. Yet, the human rights situation in the DRC remains extremely problematic. Poor governance, absence of the rule of law and lack of political will continue to compound an already dire situation. The public sector is under-resourced and access to basic economic, social and cultural rights, such as health and education remains severely limited. All these factors hamper progress in human rights, security and development.

The issue of impunity is central in this report. Failure to hold to account the Congolese security forces has engendered continuing waves of violations. Scant progress has been made, for instance, in arresting and prosecuting FARDC elements suspected of sexual violence, in particular high-ranking commanders. The case of the five senior army officers, which was handed over by the Security Council to high level authorities in May 2009, is notorious in this regard. A crucial step in the direction of accountability would be the arrest of Mr. Bosco Ntaganda, who is the subject of an international arrest warrant issued by the International Criminal Court in 2006. In addition, no tangible steps have been taken by the Government to initiate a vetting process that would exclude perpetrators of human rights violations from military ranks or prevent them from joining the armed forces.

Let me also underscore that the protection of civilians remains of grave concern and must be an utmost priority. Any military operations must fully respect international human rights, humanitarian and refugee law.

Moreover, the Government should grant the UN/Joint Human Rights Office and other independent mechanisms, free access to places of detention of the National Intelligence Agency and the National Guard and all other detention centers.

We welcome DRC's support for a number of recommendations made under the UPR as well as the renewed commitment to fully implement the 2006 law on sexual violence and to monitor its application to ensure that impunity is addressed.

To evaluate progress over time, we recommend that the Human Rights Council set up priorities among the body of existing recommendations, and develop pertinent benchmarks to monitor progress in the DRC. We call on the Council to continue monitoring very closely the human rights situation in the DRC.

Given the gaps in ensuring human rights protection in the DRC, OHCHR urges that planning for the eventual withdrawal of MONUC should give due consideration to the existing capacity to protect civilians threatened by armed groups, especially in the East. Such planning should also take into account the need to establish State authority across the country, as well as security, law enforcement, and judicial institutions capable of protecting the population. This is imperative both to consolidate peace in the DRC and to protect the human rights of a long-suffering population.

Excellencies,

Now let me turn to the High Commissioner’s report on the situation of human rights in Colombia (A/HRC/13/72).  It is gratifying to note the Colombian Government’s openness to international scrutiny with regard to human rights. Its cooperation with OHCHR and the acceptance of the review mechanism of the Security Council Resolution 1612 (children in armed conflict) are illustrative. In 2009, Colombia received more visits of Special Rapporteurs than any other country. It was also reviewed by a number of treaty bodies and initiated a process of self-monitoring of the recommendations which stemmed from the UPR. The latter initiative is a good practice and I would like to note that Guatemala and Bolivia are also establishing or have established follow-up mechanisms to the UPR.

During the reporting period some progress has been achieved in implementation of human rights policies in different areas. The commitment and efforts to significantly reduce extrajudicial executions are a case in point. In this context, we welcome the invitation of the Ministry of Defense for OHCHR to monitor its implementation of measures aimed at strengthening compliance by the Armed Forces with human rights and international humanitarian law.

The Government has undertaken bold steps to address the illegal use of intelligence services, including against human rights defenders.  To prevent a recurrence of similar violations, it is important to ensure that all intelligence services are held up to human rights standards and are subject to strict civilian and legal controls. Critical steps still to be taken include investigations of past abuses, implementation of an effective mechanism for purging intelligence files and the development of systems for the protection of personal data.

The report demonstrates how the internal armed conflict continues to pose serious challenges, including the complete disregard for international humanitarian law by guerilla groups. This situation is exacerbated by violence against civilians by illegal armed groups that emerged after the paramilitary demobilization, links between illegal armed groups and drug trafficking, and the acute impact of the conflict on indigenous and Afro-Colombian communities, for example in form of a significant increase in assassinations of indigenous people. The recruitment of children and an increased registration of cases of sexual violence by such groups are alarming.

The Government has undertaken steps to protect vulnerable populations. For example, it is considering a draft law to enforce the right to prior, free and informed consultation with members of these vulnerable communities in coordination with OHCHR. It is urgent to intensify such endeavors and ensure their effectiveness.

Continued efforts are also necessary to better address the issue of impunity. The report analyzes difficulties related to the “Justice and Peace Law” and calls upon the Government to look into possible ways to review its gaps. The adoption of measures to protect witnesses, families of victims and judicial officials working on cases of human rights violations is also critical.

OHCHR-Colombia has registered serious threats against those involved in judicial processes related to extrajudicial killings, ranging from pressure against attorneys and witnesses, to death threats, and even killings. It is critical that all cases of human rights violations involving members of the armed forces are handled by civilian courts.

Furthermore, the report stresses increases in threats against human rights defenders while at the same time welcomes progress in dialogue between Government and civil society on better guarantees for human rights defenders.

The office will continue to work in close cooperation with the Government and others to strengthen the protection of human rights, further building on the existing, cooperative relationship.

Finally let me refer to the High Commissioner’s report on the situation of human rights and the activities of her office, including technical cooperation, in Nepal (A/HRC/13/73). OHCHR has continued to monitor the human rights situation in Nepal and provide advice and technical cooperation to the Government, national human rights institutions, the Constituent Assembly and civil society, consistently highlighting the centrality of human rights to the peace process.

While the peace process was stalled for much of 2009, recently there have been signs of progress. Parliament has resumed, and ‘disqualified’ combatants, including minors, were discharged from the Maoist Army, which has been cantoned under the Comprehensive Peace Agreement (CPA) since 2007. OHCHR will play a central role with UNICEF in monitoring the Action Plan for the discharge of disqualified Maoist Army personnel and implementation of UN Security Council Resolution 1612. 

Further, the Government has taken a number of significant steps to address human rights issues. Allow me to mention, in particular, measures to eliminate discrimination, the campaign against sexual and gender-based violence, and the ratification in December of the Convention on the Rights of Persons with Disabilities.

These are important initiatives, but many human rights issues remain to be addressed to ensure a sustainable peace.

OHCHR is pleased to be supporting Nepal’s transitional justice process, through a United Nations Peace Fund project. In 2009, OHCHR supported Government-led consultations and legislation drafting for a commission on disappearances and another commission on truth and reconciliation. A small grants program for civil society is being implemented to facilitate grass-roots involvement in transitional justice processes. But determined and consistent efforts are required to end impunity and restore confidence in rule of law institutions. Indeed, there has been no prosecution as yet of conflict-related human rights violations, and families of more than a thousand disappeared continue to wait for information about their loved ones.

Preventing and addressing ongoing violations is also a top priority as militant groups continue to threaten public security, particularly in the Tarai region.

OHCHR in Nepal also pays close attention to economic and social rights. Last year, it dedicated the entire program in the far western region to the implementation of projects aimed at improving access to justice, and at realizing the economic and social rights of marginalized communities.

The coming months offer opportunities for the consolidation of the peace process and the protection of human rights. The finalization of the new Constitution which will form the basis for the protection of human rights and the democratic process is expected in May. With persistence and political will, we are convinced that the outstanding obstacles to the peace process in Nepal can be surmounted and the root causes of conflict addressed, and our Office remains committed to supporting the people and Government of Nepal in the critical period ahead.

I thank you for your attention.