23 March 2011

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

I wish to thank the Human Rights Council (HRC) for this opportunity to introduce country-related reports submitted by the Secretary-General and the High Commissioner. 

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/16/20/Add.1).  The report notes with concern that alarming levels of insecurity and impunity persist in the country.  Mounting insecurity marked political debates, with strong calls for repressive measures, while a weak judicial system remained unable to tackle impunity.  The Office in Guatemala thus focused on impediments to addressing impunity and strengthening the rule of law. It coordinated its work with other UN agencies and the International Commission against Impunity (CICIG) and offered advice to the Legislative in drafting and adopting appropriate legislation.

Protection of human rights defenders was also an important priority because of their crucial work to institutionalize meaningful democracy and the rule of law. More than 200 human rights defenders were attacked in 2010 including union, community and indigenous leaders, environmental rights defenders, journalists, women leaders and youth defenders. Eight were killed.

The Office also worked to support women’s rights, including to address violence and to protect sexual and reproductive rights.

In Guatemala, indigenous peoples’ calls for inclusion are undermined by structural patterns of racism and discrimination.  In 2010, the Office conducted a comprehensive assessment of constraints on indigenous peoples’ rights to political participation and consultation and to collective rights. The report stresses the need for structural reforms and measures that promote a multicultural approach to protecting indigenous peoples’ full range of rights and a formal process of consultation, in compliance with international standards.

The report urges the Government of Guatemala to implement the recommendations formulated in the High Commissioner’s previous annual reports.  In particular, it is suggested that the Government in cooperation with civil society and the international community conduct an annual evaluation of progress toward full implementation.

The activities of the OHCHR office in Bolivia are also presented as an addendum to the High Commissioner’s Annual Report (A/HRC/16/20/Add.2).  At the outset, I would like to reiterate our appreciation to the Government of the Plurinational State of Bolivia for the renewal, in May 2010, of the mandate of the Office for three more years.
During the year under review, the Government enacted important laws aimed at promoting compliance with the Constitution and international human rights standards.  The Law against Racism and All Forms of Discrimination addresses historic discrimination of indigenous peoples, Afro-Bolivians and other groups; the Law on Judicial Boundaries formally establishes jurisdictional mandates for indigenous and national / local justice systems. The situation of the Guarani people, however, continues to be of high concern.
The report refers to cases of death, torture and other inhuman, cruel or degrading treatment, mostly attributed to the police. The report commends the Government for opening investigations into all cases reported during the year.  However, despite these efforts, impunity for most of these cases and for past violations committed by unconstitutional regimes persists. The report encourages further judicial reform and enhanced access to justice, especially for marginalized populations.

At this session, the High Commissioner has submitted a report on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights (A/HRC/16/67), where OHCHR works as an integral part of the United Nations Assistance Mission (UNAMA).  The report notes that in 2010, the armed conflict intensified throughout the country with a rise in civilian casualties.  Compared to 2009, women and children made up a greater proportion of those killed and injured. This situation is thoroughly described in the latest report of UNAMA on the Protection of Civilians in Armed Conflict launched earlier this month.

The report highlights that impunity remains a fundamental impediment to building the rule of law and respect for human rights. The launching of the Afghan Peace and Reintegration Programme and the establishment of the High Peace Council raised concerns about governmental priorities in combating impunity. A major issue is that some suspected perpetrators of serious crimes and human rights violations are released for political reasons rather than on legal grounds.  

The report also focuses on the situation of women. In December 2010, UNAMA published a report on “Harmful Traditional Practices and the Implementation of the Law on Elimination of Violence against Women” which documents customary practices that cause suffering, humiliation and marginalization among millions of women and girls. The UNAMA Human Rights Section is working to address this issue and, more generally, endeavours to ensure that women’s rights remain firmly on the agenda in all political processes aimed at restoring peace.

The report also underlines concerns about widespread arbitrary detention and refers to a country-wide monitoring and advocacy project undertaken by the UNAMA Human Rights Section on conditions of detention and respect for detainees’ right to judicial guarantees.

Finally, the report highlights UNAMA’s support to civil society, the Afghan Independent Human Rights Commission, the Ministry of Foreign Affairs and the Ministry of Justice. In September, the Ministry of Justice inaugurated its Human Rights Support Unit which aims at strengthening the Government’s capacity to fulfil its international human rights obligations.

This year’s report of the High Commissioner on the situation of human rights and the activities of the OHCHR office in Nepal (A/HRC/16/23) refers to the broad range of activities undertaken by the office, including monitoring of the human rights situation and provision of technical assistance to State institutions and civil society.
 
The report highlights the consequences of the prolonged political stalemate on the peace process, including delays in finalising the new constitution and the establishment of transitional justice mechanisms crucial to addressing impunity.   We are hopeful that the election of a new Prime Minister and appointment of special committees to address key aspects of the peace process will generate a new momentum.

The report also focuses on efforts to address impunity, inequality and discrimination, all root causes of the conflict.  The Office continued paying particular attention to widespread discriminatory practices on grounds of caste, gender and sexuality. Thus, the report welcomes developments such as the draft bill on Caste-based Discrimination, and progress achieved by the Office of the Prime Minister and Council of Ministers in the implementation of the National Plan of Action against Gender Based violence. We also commend Nepal for being the first country in South Asia to finalize the National Plan of Action on Security Council Resolutions 1325 and 1820.

The Office is pleased to continue its support to the National Human Rights Commission and other specialised institutions on women and caste issues.  The Office also assisted the Government and other stakeholders in preparations for the UPR process and the launch of a new National Human Rights Action Plan.

OHCHR remains fully committed to supporting the Government, national institutions and civil society of Nepal in meeting these challenges and hopes to be able to continue its mandate in the country.

Excellencies,

This year the Council has before it the Report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran (document A/HRC/16/75), submitted pursuant to General Assembly resolution 65/226.  The report reflects the patterns and trends in the human rights situation in Iran and provides information on progress made in the implementation of the resolution.

The report notes that UN Human Rights mechanisms continued to express concerns about torture, arbitrary detention, unfair trials and the death penalty.  It also refers to the intensified crackdown on human rights defenders, women’s rights activists, journalists and opponents. It underlines the spike in executions since early 2011, mostly for drug-related crimes, but also political offences, along with the continued risk of execution of juvenile offenders.

The report welcomes Iran’s signing of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict, its examination before the Committee for the Elimination of Racial Discrimination, and the holding of a judicial colloquium together with OHCHR in December 2010. It also notes the completion of Iran’s Universal Periodic Review.

The Secretary-General renews his call on the Government to receive the special procedures in conformity with the standing invitation issued by Iran in 2002. He encourages the Government to address the concerns highlighted in the report and to fully respect its human rights obligations, in law and in practice.

Regarding the High Commissioner’s report on the situation of human rights and the work of OHCHR in Guinea (A/HRC/16/26), this is her first report on this country. It examines human rights issues in the context of the electoral process and also highlights main human rights challenges, stressing the need to urgently address impunity, including in relation to the September 2009 events. During her visit to the country last week, the High Commissioner reiterated her call that Guinea must end the culture of impunity, noting that the perpetrators of the most serious crimes remain free due to the lack of an independent justice system and security forces. 

 Although the panel of judges set up to investigate the 2009 events has interviewed more than 200 victims, its work has been severely constrained due to lack of political support and inadequate material and human resources. Consequently, no prosecution has been initiated yet.

The report addresses prevalent impunity for sexual and gender-based violence and harmful traditional practices. None of the victims of rapes committed during the September 2009 events have received any form of redress. OHCHR welcomes the adoption by the Government of a national strategy to effectively combat all forms of gender-based violence and calls for legislative reform in line with international standards.

The report describes the Office’s advocacy and capacity-building activities, including assistance to the authorities in preparing a national plan of action to implement the UPR recommendations; and advice to strengthen the rule of law and the administration of justice, particularly for the establishment of a national truth, justice and reconciliation commission and of an independent national human rights commission.

Important developments in Guinea over the last year will contribute to improving the human rights situation. In addition, the Government’s commitment to national reconciliation and accountability for past human rights abuses is encouraging.

I will now turn to the report of the High Commissioner on the situation of human rights in the Democratic Republic of the Congo and OHCHR activities in the country (A/HRC/16/27).  The report focuses on progress in implementing key recommendations from the High Commissioner and UN human rights mechanisms, including this Council, to improve the situation of human rights in the DRC.
 
OHCHR welcomes efforts to implement such recommendations but remains concerned about the overall human rights situation. Many human rights violations are linked to the persistent conflict in the eastern part of the country. Armed groups, including the combatants of the Democratic Forces for the Liberation of Rwanda (FDLR) and the Maï Maï, have increased attacks against civilian populations, which resulted in killings, sexual violence, kidnapping and looting. Incidents of killings, torture, rape, arbitrary arrests and illegal detention by the government forces have also been documented. 

The persistence of sexual and gender-based violence remains of particular concern. In October and November alone, MONUSCO recorded nearly 2,000 incidents of sexual violence throughout the country. The joint Human Rights Office has substantially assisted local prosecutorial efforts towards accountability of perpetrators.  In addition, the High Commissioner deployed a high-level panel to the DRC last fall to hear victims in different provinces and assess whether remedies and reparations for victims were available and adequate.  The panel released its report on 3 March. I note with appreciation the efforts made by the authorities to bring to justice the FARDC elements involved in the mass rapes perpetrated in Fizi, South Kivu province, on the night of 1 to 2 January, and call upon the authorities to ensure that justice is also pursued for the victims of the mass rapes perpetrated in Bushani, North Kivu Province, on 31 December 2010 and 1 January 2011.

The report commends the Government of the DRC for its cooperation in the context of the Mapping Report on the most serious violations of human rights and international humanitarian law committed in the DRC between 1993 and 2003, which was released in October 2010.The report notes the recommendations of the Mapping Report, which include the need for a national consultation process to determine the judicial and non-judicial mechanisms to address impunity.

The report commends the Government’s commitment to implementing many UPR recommendations, including the establishment of a screening mechanism for the army. It is however noted that the Government rejected some key recommendations, including granting human rights monitors access to detainees and arresting the ICC indictee General Bosco Ntaganda.

Excellencies,

The activities of the OHCHR office in Colombia are presented in the report of the High Commissioner (A/HRC/16/22).  On behalf of the High Commissioner, I would like reiterate our appreciation to the Government of Colombia for the renewal, in October 2010, of the OHCHR’s mandate.

The report acknowledges the commitment of the Government towards human rights and its willingness to engage in dialogue with human rights organisations. It has taken important steps to address past violations of human rights and humanitarian law including: a new law related to victims of forced disappearances; a draft law on reparation for all victims of the armed conflict; and a new Military Criminal Code that excludes human rights violations from military jurisdiction. The Government also proposed an ambitious bill to return stolen land to the rural IDPs, an important initiative which could contribute to the realization of victims’ rights. However, there is concern about the possibility of increased violence against people  participating in the land restitution process.

The internal armed conflict continues to pose significant challenges and all parties to the conflict continue to violate human rights and humanitarian law. In addition, following the demobilization of paramilitary organizations, illegal armed groups contribute to widespread violence. Of particular concern is a 40% increase in massacres in the context of violent disputes among and within these groups, including around the control of drug trafficking. This violence disproportionately affects indigenous people and Afro-Colombian populations, particularly women and children. The report also stresses continued attacks against human rights defenders, trade unionists and teachers, including homicides.

The High Commissioner commends the Government for the significant reduction of “false positives” – where victims of extrajudicial killings by army personnel are presented as having been killed in combat. With the Ministry of Defence, the Office in Colombia is monitoring implementation of policies adopted to promote the army’s compliance with human rights and international humanitarian law.

However, many violations of human rights and breaches of international humanitarian law continue to be treated as matters of military justice. The report therefore recommends that these should fall within the competence of civilian courts as a fundamental measure to fight impunity and ensure justice and transparency. Another important recommendation in the context of the Government’s reform efforts it to establish effective mechanisms to submit intelligence services to independent review and to purge intelligence files.

Excellencies,

I will now turn to the report of the High Commissioner on the assistance to Sierra Leone in the field of human rights (A/HRC/16/78). In 2010, Sierra Leone improved its capacity to promote and protect human rights. In particular, the legal framework protecting the rights of vulnerable groups was improved with the adoption of laws related to women and children rights. Nevertheless, discrimination against women and harmful traditional practices, including female genital mutilation, persist.
Major challenges include pervasive poverty which significantly affects economic and social rights. In addition, the constitutional review process has been delayed and crucial recommendations of the Truth and Reconciliation Commission, including abolishing the death penalty and amending discriminatory legal provisions, have yet to be implemented.  Lack of financial resources and political will have also constricted implementation of the Reparations Programme.

The Human Rights Section of the United Nations Integrated Peacebuilding Mission in Sierra Leone (UNIPSIL) continued to monitor the human rights situation and, on this basis, to provide advice to the authorities on a number of human rights issues. For instance, it has worked with the Government to promote legislation that protects human rights and has supported the Human Rights Commission of Sierra Leone and civil society in their efforts to advance human rights. The Section also conducted training and advocacy activities with a wide range of stakeholders. It has also been active in preparing for the May 2011 review of Sierra Leone under the UPR.

The report of the High Commissioner on the question of human rights in Cyprus (A/HRC/16/21) focuses on freedom of movement, human rights pertaining to the question of missing persons, discrimination, the right to life, freedom of religion, and economic, social and cultural rights.

The division of Cyprus continues to negatively affect human rights and it is hoped that efforts by the Cypriot leaders to achieve a comprehensive settlement will provide avenues to improve the human rights situation on the island.

Due to resource constraints, and in the absence of an OHCHR presence on the island, the Office relies on information received from its UN partners and other sources.

Excellencies,

At its June session last year, this Council requested the High Commissioner to continue to provide technical assistance through her office in Bishkek and to work with the Government of Kyrgyzstan and other actors, as needed, to identify additional areas of assistance that will aid Kyrgyzstan in its ability to fulfill its human rights obligations, to brief the Council on progress and to submit a report thereon to the Council for consideration at its seventeenth session. Pursuant to this request I would like to provide the Council with an oral update on progress in technical assistance and cooperation on human rights in Kyrgyzstan. I wish to note at the outset that the Government of the Kyrgyz Republic continues to cooperate in a very constructive manner with OHCHR.

Since its establishment in 2008, the OHCHR Regional Office for Central Asia (ROCA), based in Bishkek, has been providing technical advice to authorities at the national and local level.  ROCA assisted the Government in the preparation of its UPR, which took place in May 2010, and has subsequently contributed to the dissemination of the outcome document. It has also facilitated follow-up activities, including consultations with government officials, NGOs and international organizations, which should pave the way for the effective implementation of the accepted recommendations in time for the second UPR cycle.

In response to the violence which erupted in June 2010 and the ensuing human rights crisis, OHCHR deployed a mission to Osh and Jalal-Abad to monitor, document and report on the human rights situation, to provide protection, and to support the provision of legal assistance. In this context, OHCHR, together with NGO partners, has directly intervened with local enforcement and judicial authorities in cases of ongoing or imminent human rights violations. By February 2011, lawyers supported by OHCHR had provided more than 7,000 legal consultations.

Through its monitoring work and the cases brought to its attention, OHCHR has identified a number of critical human rights issues and, on this basis, has assisted the authorities to address them. Major concerns include: the lack of an independent and effective administration of justice, lack of fair trials and due process, ill-treatment and torture by law enforcement officials, gender-based violence, extortion, and discriminatory practices towards the Uzbek community - particularly evident in the economic sphere and with regards to access to public services.

During a visit to Osh earlier this month, an OHCHR delegation heard firsthand the broad spectrum of challenges still facing the victims of the June violence. Repeated allegations were heard of ethnic Uzbek young men still being detained, beaten and asked for money by law enforcement officials.

Such violations seriously undermine efforts towards stability and reconciliation. In support of the Government, OHCHR intends to particularly focus on the key systemic shortcomings in the rule of law institutions and plans to assist in the development of a medium and long-term comprehensive strategy to ensure that these institutions perform in line with relevant international human rights standards.

This concludes my presentation.  I thank you for your attention and wish you a very productive continuation of your work.