Address by Ms. Kyung-wha Kang, United Nations Deputy High Commissioner for Human Rights to the Introduction to country reports of the Secretary-General and the High Commissioner under item 2, 19th session of the Human Rights Council

Geneva, 21 March 2012

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

                Thank you for this opportunity to introduce country-related reports submitted by the Secretary-General and the High Commissioner under Item 2.  

Let me begin with the report of the High Commissioner on the activities of our Office in Guatemala (A/HRC/19/21/Add.1), as the High Commissioner recently returned from a very productive mission to that country.  The High Commissioner reiterates her appreciation to the new Government of Guatemala for their hospitality and frank dialogue during her visit as well as the commitment of the new authorities to human rights and the rule of law.   

As stated by the High Commissioner at her closing press conference, fifteen years after the Peace Accords were signed, these have not been complied with and the structural problems remain unresolved.  These Accords are not only valid but contain the agenda to achieve lasting peace, development and reconciliation within a framework of the rule of law and respect for the rights of all Guatemalans. During the visit, the High Commissioner met with President Otto Perez Molina, who reaffirmed his commitment to implement the Accords.

During her visit, the High Commissioner addressed the most pressing issues highlighted in this annual report with the Government, the Attorney General, Congress, the Judiciary, the Ombudsman, Indigenous peoples’ ancestral authorities, human rights defenders, and the private sector, among others. 

The High Commissioner is concerned about widespread violence and public insecurity, exacerbated by the expansion of organised criminal networks. Human rights defenders, indigenous and community leaders, as well as environmental, youth and women’s rights activists have been exposed to targeted violence related to their activities.

Noting that strong calls for repressive measures to address insecurity featured prominently in last year’s electoral campaign, the report reiterates the importance of a comprehensive, rights-based response, which would also aim at addressing the root causes of violence. The deployment of the military on public security tasks should be limited in time and scope and must be in a police support capacity and without diverting resources from the police. OHCHR will continue working with UN Agencies and the International Commission against Impunity (CICIG) to assist national counterparts in that context.

We would like to praise the work and courage of the Attorney-General, Ms. Paz y Paz, whose decisive actions in the prosecution of sensitive cases - involving organised crime, drug trafficking and past human rights violations - have resulted in substantial progress in the fight against impunity. However, impunity remains widespread and urgent measures are required to curtail it, including the adoption of relevant legislation on security as well as a thorough justice and police reform. It is also heartening that in the past two years, for the first time, cases of past human rights violations have been brought to justice, including recent convictions for a 1982 massacre and ongoing prosecutions on genocide charges.

The report once more underlines the need for profound structural reforms and measures to eradicate racism and discrimination against indigenous peoples. Guatemala should develop a multi-cultural approach to matters affecting their lives, including their collective rights to land and territories, and the right to prior consultation.

Another issue of concern highlighted in the report is gender-based discrimination, manifested in the high level of femicide and other violence against women and the denial of sexual and reproductive rights, particularly for indigenous women.

We are also concerned about persistently high rates of malnutrition in rural and low income families. We welcome the recent approval by Congress of the tax reform law, which follows up one of the High Commissioner’s recommendations in this and previous reports to this Council. Tax reform will hopefully generate the resources necessary to redress, as a matter of priority, the structural inequalities that undermine the basic rights of the population.

Let me turn to the High Commissioner’s report on the activities of OHCHR’s office in Bolivia (A/HRC/19/21/add.2), which includes an overview of the human rights situation in the country.   In 2011, noteworthy progress was made with regard to policies and institutions to eliminate racism and discrimination. These include the establishment of a plural National Committee against Racism and All Forms of Discrimination as the leading national body for public policy on these matters, and the completion of the National Plan of Action against Racism and All Forms of Discrimination (2012-2015), which is at its final stage of approval.

                The report also reflects advances in the field of economic and social rights.  Bolivia is to be commended for becoming the sixth State Party to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, in January 2012. OHCHR also welcomes measures which have led to a reduction of child and maternal mortality and of chronic malnutrition of children. However, important gaps remain to be overcome.

                In the fight against impunity, the conviction by the Supreme Court of two former ministers and five senior military officers for their involvement in the death of over 60 people during anti-government demonstrations in 2003 represents a significant step which the High Commissioner has publicly praised. OHCHR further encourages the Government to take all necessary measures to provide reparation to victims or their surviving relatives. Other emblematic human rights trials proceeded at a slow pace amid continuous deferrals.

                The long-standing crisis in the administration of justice deepened pending the implementation of profound reforms. Thanks to the first elections of highest judicial authorities in October 2011, the composition of the Judiciary better reflects the country’s multicultural nature and the gender balance.  We are confident that the new judicial authorities will contribute to the independence and effectiveness of the judicial system.

In 2011, indigenous peoples’ right to consultation was of particular concern with regard to planned or existing infrastructure and natural resources projects. The situation of highly vulnerable indigenous peoples, particularly the Guaraní people, remains preoccupying.
               
The High Commissioner’s report also highlights concerns about continued violence against women, violations of the rights of detainees and the rights of victims of human rights violations by unconstitutional regimes of the past, as well as about the situation of human rights defenders and restrictions on freedom of expression.

The High Commissioner’s report on the situation of human rights in Colombia (A/HRC/19/21/add.3) highlights significant developments undertaken by the Government of President Juan Manuel Santos in relation to transitional justice, particularly the adoption of the Victims’ and Land Restitution Law, ratified in June 2011. This landmark law establishes an ambitious reparations and land restitution programme for approximately four million victims of human rights violations – most of them displaced - committed in the context of the armed conflict. This law is an important measure for transitional justice, and recognizes the basket of rights affected by being forced from one’s land, such as food, work, health and education. OHCHR is working with the Government to assist to beneficiaries in knowing and using their rights, and to develop systems to protect victims and other persons involved in the implementation of the Victims’ and Land Restitution Law.

Furthermore, the Government is proposing its first agrarian reform, through the law on rural development. This will also be important for Colombia to overcome the history of inequality in the country.   Colombia is also currently considering important legal reforms to address a large number of human rights related crimes. In this context, it is important to ensure victims’ access to justice and to persecute those accused in a prompt manner. One worrying proposal in this context is the idea to remove human rights cases related to the security services from the jurisdiction of civil authorities to military jurisdiction. We would recommend that the Government consider the jurisprudence of the United Nations Human Rights Committee and other human rights mechanisms in this respect. Rarely has the Committee found such change in conformity with the State’s legal obligations. OHCHR stands ready to support the Government to address this challenge.

The High Commissioner’s report also raises concerns regarding the increased violence generated by criminal gangs which emerged after the demobilization of paramilitary organizations. The abuses committed by these groups in the context of the land restitution processes are highlighted in the report.

I now turn to the High Commissioner’s last report to this Council on the situation of human rights in Nepal (A/HRC/19/21/add.4).

As you know, OHCHR’s Office in Nepal is in its final stage of closing, following the decision of the Government, in December 2011, to terminate its mandate.

The OHCHR office in Nepal was established in 2005, during the internal armed conflict, following an agreement with the then Government of the Kingdom of Nepal, pursuant to resolution 2005/78 of the Commission on Human Rights. Overtime, the Office came to be regarded as OHCHR’s flagship field presence, widely credited with helping to reduce conflict related violations. In the 2006 Comprehensive Peace Agreement, the parties requested OHCHR to continue monitoring implementation of the human rights provisions of the Peace Accord. The agreement with the Government further provided OHCHR with a robust mandate to conduct monitoring and public reporting and to advise and support the authorities, national institutions and civil society on the human rights aspects of the peace process.

Over the past seven years, OHCHR adapted to the evolving context. As law and order improved, it deepened its engagement on issues of impunity and discrimination, two of the underlying causes of the conflict. Partnerships between OHCHR and the Government, the National Human Rights Commission and human rights defenders, have contributed to increase confidence in and stability to the peace process and to maintain the focus on human rights. A noteworthy achievement of this partnership was the passage, in May 2011, of a law criminalizing untouchability and caste-based discrimination.

We regret that our office in Nepal is closing while significant elements of the peace process, relevant to human rights, remain unresolved. Impunity for violations, whether perpetrated during the conflict or after, remains entrenched. Transitional justice institutions have yet to be established and there are concerns that they may sanction amnesties for serious international crimes. The fate of those disappeared during the conflict has yet to be clarified. Some 500 cases have already been withdrawn from the courts by successive governments since the election in 2008. Further, the recent legislation underpinning the Nepal Human Rights Commission falls short of compliance with the Paris Principles. Contentious issues for the new Constitution remain unresolved, including the independence of the judiciary and limitations and derogation of rights.  At the same time, deeply troubling reports of harassment and intimidation of human rights defenders are increasing.

We would like to thank successive Nepali governments for supporting OHCHR‘s work in the country over the years. OHCHR remains fully committed to supporting the Government of Nepal and its people to address outstanding human rights challenges. We commend civil society, including courageous human rights defenders, who have ensured that human rights remain central to the peace process. We also thank member States for their invaluable support to OHCHR’s work in Nepal and for their generous financial contributions. OHCHR has been honoured to support Nepal and its people in their historic yet arduous journey to peace and democracy, and looks forward to continuing such support.

The High Commissioner for Human Rights on the Question of Cyprus (A/HRC/19/22) provides an overview of human rights concerns in Cyprus, including the right to life and the question of missing persons, the principle of non-discrimination, freedom of movement, property rights, freedom of religion and cultural rights, freedom of opinion and expression as well as the right to education. The report also contains a chapter entitled “gender perspective”, in line with the Security Council’s call on all actors involved, when negotiating and implementing peace agreements, to adopt a gender perspective.

While the persisting division of Cyprus continues to constitute an obstacle to the full enjoyment, in mutual confidence, by the whole population of Cyprus of all human rights and fundamental freedoms, it is hoped that the current efforts by the Greek Cypriot and Turkish Cypriot leaders to achieve a comprehensive settlement of the Cyprus problem will provide avenues to improve the human rights situation on the island.

Addressing the underlying human rights issues should be an increasingly important part of the peacekeeping efforts and should also underpin the political dialogue for a comprehensive settlement.

Finally, you have before you the report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran (A/HRC/19/82), submitted pursuant to General Assembly resolution 66/175 which requested the Secretary-General to submit an interim report to the Human Rights Council at its 19th session.

The report reflects the patterns and trends in the human rights situation in Iran with respect to the issues highlighted in the pertinent General Assembly resolution, including the death penalty, torture, women’s rights and the rights of minorities. The report expresses great concern about the significant increase in executions, including in public. It also highlights the intensified crackdown on media professionals, human rights defenders and lawyers ahead of the parliamentary elections of 2 March 2012.

The report also highlights noteworthy developments. It welcomes Iran’s appearance before the Human Rights Committee in October 2011, for the first time in many years, and the invitation of an OHCHR working-level mission, in December 2011, to prepare for a future visit of the High Commissioner. It also notes that the new Islamic Penal Code, adopted in January 2012, omits the penalty of stoning and reduces the range of offences for which the death penalty may be applied against juveniles, although other areas of concern remain. 

The report notes Iran’s intention to invite two Special Rapporteurs for a visit in 2012 and urges the Government to fully cooperate with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran and facilitate his access to the country. The Secretary-General is concerned about the low rate of reply to the large number of communications sent by the Special Procedures, alleging very serious human rights violations, and renews his call upon the Government to strengthen its collaboration with the international human rights mechanisms.

This concludes my presentation of reports under Item 2.

Thank you for your attention.