OHCHR in the field: Americas
Type of presence Location OHCHR’s work in the Americas continued within a background of overall stable democracies, solid Country offices Bolivia human rights protection frameworks and an active Colombia Guatemala and engaged civil society. Nevertheless, high Mexico levels of insecurity and violence, including against women, posed increasing threats to democratic Regional offices Central America (Panama City, Panama) South America (Santiago de Chile, Chile) and human rights gains and political stability. Exclusion continued to disproportionally affect Afro- Human rights Haiti component in UN descendant populations and indigenous peoples. Peace Mission Human rights advisers Ecuador The impact of the global economic and financial in UN Country Teams Honduras crises was less prevalent in the Latin American Paraguay region as poverty and inequality have been reduced in many countries. This has primarily been the result of sustained commitments to implement policies that privilege social investment. OHCHR
OHCHR REPORT 2012 215 OHCHR IN THE FIELD: AMERICAS
continued to support data collection and the use United States, where ratification rates are lower of indicators to promote and monitor equality and and few national human rights institutions operate non-discrimination in the region in the context of in compliance with the Paris Principles, the focus pursuing economic, social and cultural rights and has been on encouraging engagement with human combating discrimination and poverty. rights mechanisms. Solid partnerships with United Nations Country Teams (UNCTs) in the Caribbean Impunity and strengthening the rule of law remained were established following the first visit of the priorities for OHCHR in the Americas, with a High Commissioner for Human Rights to the region particular focus on transitional justice and freedom in April. OHCHR’s Americas Section is now a full of expression. Work on protection mechanisms for member of the Inter-Agency Working Group on journalists and human rights defenders was a major Human Rights and regularly participates in its focus of attention, mainly in Colombia, Guatemala meetings. The Section also continued its support to and Mexico. Transitional justice continued to register the transition from emergency to development status gains, especially in South America, but judiciaries in Haiti. and law enforcement agencies throughout much of the region are in need of strengthening. Most of the The Section supported and accompanied the visits of work programmes of the field presences, supported the High Commissioner to Guatemala (March) and by headquarters, therefore include a substantive Barbados (April), and the Assistant Secretary-General’s component in supporting efforts to strengthen visit to Haiti (September). It maintained close contacts justice and the rule of law with an emphasis on with regional organizations, in particular the Inter- transitional justice, impunity, the functioning of the American Commission on Human Rights, as well as justice system and harmonization of legislation and with UN departments and agencies, governmental jurisprudence with human rights standards. institutions, national human rights institutions, members of parliament, civil society organizations, In the light of rising violence in much of the region, academia and human rights activists. In particular, the its impact on a wide range of rights and State Section maintained very close links with the Inter- responses that are often at odds with human rights American system, which came under strong attack principles, OHCHR advocated for the strengthening from countries in the region, including by issuing of State ability to protect their populations. The three press statements by the High Commissioner in Office promoted the adoption of human rights-based support for the Inter-American system. laws and policies to prevent the further erosion and violation of rights in the name of security. The During 2012, OHCHR maintained 10 field presences Office also continued its work with the Southern in the Americas region: two regional offices (Panama Common Market (MERCOSUR) and the Central City and Santiago de Chile); four country offices American Integration System (SICA) on security, (Bolivia, Colombia, Guatemala and Mexico); three as well as with the Inter-American Commission on Human Rights Advisers (Ecuador, Honduras and Human Rights (IACHR). Closely linked to its work on Paraguay); and one human rights component in a issues related to violence and insecurity and the rule peace mission (Haiti), where OHCHR continued its of law, OHCHR has undertaken efforts at different leadership of the Protection Cluster in the context levels to prevent torture, improve the situation of of the humanitarian response. In countries where those deprived of liberty and promote penitentiary OHCHR is not present, it follows human rights reform. The project initiated by IACHR, the Special issues from its regional offices and through support Rapporteur on torture, the Committee against Torture to UNCTs. In collaboration with the UPR Section, and the Subcommittee on Prevention of Torture and by using UPR funds, a national human rights to compile and analyse all recommendations to officer has been deployed in Barbados since mid- American States, continued in 2012 and is expected November to assist the UNCT and the Government to be concluded in early 2013. to implement UPR recommendations at the request of the Government. The Americas Section provided In Latin America, where there is a high rate of substantial and administrative support to all the ratification of international human rights treaties, field presences and supported the work of the OHCHR has promoted wider use of UN human Independent Expert on the situation of human rights rights mechanisms. In the Caribbean and the in Haiti.
216 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
Country Offices
Bolivia
Year established 2007 Staff as of 31 December 2012 16 Expenditure in 2012 US$ 1,577,768
Results © OHCHR/Bolivia Indigenous children at the Isiboro Secure National Park and Indigenous Territory (TIPNIS) in Bolivia looking at material on the National laws, policies and institutions (EA 1) right to prior consultation. uu In October, the Plurinational Constitutional Court (PCC) ruled that the offence of defamation against uu The National Committee against Racism and civil servants (desacato) is unconstitutional on the All Forms of Discrimination adopted an action grounds that it infringes on the right to freedom plan, the implementation of which requires the of expression. This decision came after repeated allocation of appropriate resources. Throughout recommendations from the High Commissioner to the adoption process, OHCHR advocated with eliminate this offence from Bolivian criminal law relevant authorities, including by supporting and followed concerted advocacy work undertaken an official visit in September of the Special by the Office in 2012 with the media and the Rapporteur on contemporary forms of racism, three branches of government. Many actors in the racial discrimination, xenophobia and related country view the decision as a major step forward intolerance. In addition, OHCHR provided in ensuring the independence of the judiciary. advice to departmental committees in Tarija and uu On 30 June 2012, the PCC issued a decision Chuquisaca related to the continuing development regarding the right of indigenous peoples to of their respective action plans. consultation, specifically in relation to the uu In 2012, OHCHR-Bolivia promoted the conclusion indigenous communities living in the Isiboro of a cooperation agreement between the Ministry Secure National Park and Indigenous Territory of Justice and the National Institute of Statistics for (TIPNIS). The decision outlined the nature the joint development of human rights indicators and scope of the right to consultation and the that are based on OHCHR methodologies. Both applicable principles and requirements that are institutions prioritized the following six human necessary for the enjoyment of this right, in rights for the first phase of project: right to food, accordance with international standards. OHCHR education, health, labour, housing and the right of contributed to enhancing the awareness of some women to live free of violence. The development 130 judges and magistrates on this matter through of the indicators was carried out by six technical the organization of training sessions and a committees comprised of representatives of seminar with international experts. relevant State institutions. Following a number of uu The Plurinational Legislative Assembly adopted workshops that were supported by OHCHR and two important laws related to the rights of women, included close to 300 participants, the Ministry namely Law 243 on Harassment and Political of Justice and the National Institute of Statistics Violence against Women and the Comprehensive presented a final proposal at the end of 2012. Law 263 against Trafficking of Persons, in line uu On 30 November, the National Action Plan with the national Constitution and international on Human Rights Education was adopted human rights conventions. OHCHR supported this by the National Human Rights Council, an achievement by providing technical assistance inter-institutional organ responsible for the to the Alliance for the Legislative Agenda for implementation of the National Human Rights Women, a network of legislators and civil society Action Plan, which was mandated by the Ministry organizations, in the drafting and revision of the of Education to develop a human rights education laws in conformity with international human rights plan. The elaboration of the Human Rights standards. The adoption of these laws contributed Education Plan was the result of a two-year to the fulfilment of recommendations made by participatory process which involved staff from CEDAW to the Bolivian State. the Ministry of Education, the Ministry of Justice
OHCHR REPORT 2012 217 OHCHR IN THE FIELD: AMERICAS
Developing human rights indicators in Bolivia
The Ministry of Justice and the related to the prioritized areas National Institute of Statistics and accompanied by technical INE, initiated the development staff of the INE, the Ministry of human rights indicators of Justice and OHCHR-Bolivia. with the technical assistance A participatory methodology of OHCHR-Bolivia. This was also jointly designed. turned out to be a successful The six committees prepared experience on how to coordinate the initial documents that an institutional process to were disseminated in establish a set of indicators. national workshops with the participation of other relevant The Office organized a number actors and shared with the of workshops to highlight UN agencies, headquarters the importance of developing and other governmental indicators. institutions. At the final stage, the indicators were made Based on the Office’s available through a website Methodological Guide on which was officially launched human rights indicators and on 10 December 2012, during at the suggestion of the Office, a public event in presence six human rights were prioritized live free of violence. Six technical of several Government and State for the first phase of the process: committees, one for each right, were institutions. OHCHR-Bolivia will food, education, health, labour, established with representatives of follow up on implementation of the housing and the right of women to the key governmental institutions system in 2013.
and the Office of the Ombudsperson, as well Bolivia: Expenditure in 2012 as approximately 1,000 representatives from the Regular budget Extrabudgetary nine departments of Bolivia, including indigenous expenditure expenditure communities, human rights organizations, in US$ in US$ educational institutions, persons with disabilities, Personnel & related - 952,464 women, elders, lesbian, gay, bisexual and costs transgender persons, national, departmental and Consultants - 148,975 municipal governments, the police and the armed Official travel - 64,833 forces. OHCHR closely followed the process and Contractual services - 25,200 provided technical assistance and advice. General operating - 97,840 Civil society engagement with human rights expenses mechanisms (EA 7) Supplies & materials - 7,900 u Civil society organizations drafted the first Seminars, grants & - 99,043 alternative reports to the Committee on the Rights contributions of Persons with Disabilities. OHCHR contributed Subtotal - 1,396,255 to this result by training approximately 150 Programme support 181,513 representatives of these organizations on the costs Convention on the Rights of Persons with GRAND TOTAL - 1,577,768 Disabilities, its reporting cycle and the guidelines for preparing reports.
218 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
Colombia to increasing the trust of indigenous communities towards State institutions and to the Government’s Year established 1997 understanding of the needs of indigenous peoples. Staff as of 31 December 2012 66 uu A constitutional reform that expands military Expenditure in 2012 US$ 8,389,400 criminal jurisdiction to investigate and decide cases of human rights violations, which should be under the authority of the ordinary justice Results system, was passed by Congress and promulgated by the President in December 2012. Some of the National laws, policies and institutions (EA 1) elements most detrimental to human rights were uu Information collected by the Office through its changed as a result of international and national monitoring work was the basis for the production pressure, yet concerns persist that this reform of a number of leading human rights reports will lead to impunity in cases of serious human such as the 2011 Annual Report of the High rights and humanitarian law violations. The Commissioner on the situation of human rights reform passed and is currently under review by in Colombia, presented to the Human Rights the Constitutional Court, despite advocacy efforts Council in 2012. Additionally, recommendations, undertaken by the Office, the High Commissioner, thematic reports, analytical notes and briefings on 11 special procedures mandate-holders, the Inter- land restitution and victims´ rights, among other American Commission on Human Rights, as well topics, were prepared and shared with relevant as embassies and national and international civil governmental institutions and other stakeholders. society organizations. These reports, which led to the identification uu The National Human Rights Education Plan of patterns and trends of violations of human (PLANEDH), developed with the support of rights and international humanitarian law, aimed OHCHR, was integrated into the National System at increasing the State’s responsiveness and of Human Rights and International Humanitarian accountability for these violations through changes Law. The System was created to coordinate in legislation, policies and practices. An example regulations and policies, as well as national and of the impact of OHCHR monitoring work in 2012 territorial entities, with the purpose of promoting involved indigenous communities in the Cauca human rights. PLANEDH integrated teacher region, which denounced the negative impact training policies and human rights education that the intensification of the armed conflict had programmes into municipal and departmental on their rights and daily lives and demanded development plans. Furthermore, the capacity that the State and illegal armed groups respect of 250 teachers belonging to 125 educational their territorial authority. This demonstration, institutions was strengthened through three followed by concrete actions such as removing training cycles on human rights and human barriers from police and military installations and rights education carried out by the Office. As a arresting and judging members of the FARC-EP result, these teachers were able to influence their using traditional justice mechanisms or physically institutions’ Educational Projects by introducing removing soldiers from their territory increased a human rights-based approach. Additionally, the risk of violent suppression. This risk was The Ministry of Justice created a programme neutralized by the interventions of OHCHR, the Special Rapporteur on the rights of indigenous peoples, the UN Resident Coordinator and other partners, through their presence, written communications, press releases and op-eds. After some weeks of discussion, the President of Colombia met with indigenous authorities from the region, apologized for the human rights violations they had suffered during the conflict and established a high-level process with indigenous authorities to review the situation. Over several months, indigenous authorities met with Ministers, Vice Ministers and other high-level officials to discuss recognition of and respect for autonomy, property, territorial control and self-government,
in addition to prior consultation, health, education © OHCHR/Colombia and communication. This process has contributed OHCHR staff undertaking a consultation with the Chimila indigenous population in Colombia, April 2012.
OHCHR REPORT 2012 219 OHCHR IN THE FIELD: AMERICAS
called “Eduderechos,” based on quality standards and systematizes existing developments in developed by the former UN Special Rapporteur relation to these rights, including the standards on the right to education. This programme offers of the Convention on the Rights of Persons with practical means to include a human rights-based Disabilities, which was ratified by Colombia approach into teacher training programmes, and incorporated into domestic legislation. which is considered an added value to PLANEDH. The Office advocated for the ratification of the uu The Office conducted an assessment on the Convention and provided technical assistance functioning of the Ombudsman’s Office and on the preparation of implementing legislation, presented its recommendations to the new which includes the creation of an independent Ombudsman, who took office in August. mechanism for the promotion, protection During the first few months of his mandate, the and monitoring of the rights of persons with Ombudsman began to implement some of the disabilities. recommendations made by OHCHR, including on uu As a result of recommendations made by OHCHR strengthening support to victims at the national, in 2011, the Ministry of Defence held a three-day regional and municipal levels. event on strengthening the role of operational uu As a result of support provided by the Office legal advisors as prevention mechanisms and to the National Working Group on Guarantees another workshop on the integration of human to Human Rights Defenders, a coordination rights in operational documentation processes mechanism that includes key State institutions, to identify shortcomings, solutions and best such as the Ministries of Interior and Defence, as practices. During 27 joint missions to military well as NGOs, acknowledged the importance of units carried out in 2012, OHCHR facilitated the the Early Warning System of the Ombudsman’s identification of solutions with regard to obstacles Office and committed to its strengthening. and advances in the implementation of internal OHCHR also promoted strengthening its risk- control mechanisms to prevent and respond to assessment and response-capacity to ensure alleged extrajudicial executions and other human more effective protection measures for human rights violations. rights defenders at risk. In particular, OHCHR´s advocacy contributed to the prioritization Ratification (EA 2) of urgent cases by the Committee for Risk uu On 11 July 2012, Colombia deposited the Assessment and Recommendation of Protective instrument of ratification of the International Measures and the granting of urgent measures. Convention for the Protection of All Persons from uu A seminal nationwide human rights process Enforced Disappearance, becoming the 34th State enabled the Government to collect inputs for Party. The Convention entered into force in the developing a national public policy on human country on 10 August 2012. rights and international humanitarian law. The process, led by the country’s Vice-President, Justice and accountability mechanisms (EA 3) was accompanied and supported by the uu The concept of protection has changed for Ombudsman’s Office, the Public Prosecutor’s victims and public institutions from being Office, the National Congress and representatives an issue restricted to the police towards an of civil society and the international community. enhanced concept of security and sustainability Overall, approximately 12,000 persons and 8,000 which also contemplates the full realization of social organizations participated in 25 forums victims’ rights to truth, justice, reparation and held across the country. OHCHR was part of guarantees of non-repetition. OHCHR played the technical team in charge of designing and a crucial role in this change by monitoring, monitoring the methodology of the process reporting and advising authorities to take prompt and was responsible for moderating almost all and effective action in cases of threats, attacks 25 forums to collect inputs on topics, including and persecution of persons, in particular those human rights education, victims’ rights and involved in land restitution processes (in the violations of the right to life, which will serve context of the implementation of the Victims’ and as a basis for designing relevant public policy. Land Restitution Law 1448 /2011) and provided The process for collecting inputs culminated in a support to authorities to ensure more effective three-day National Human Rights Conference in protection. For instance, in the department of Bogota in December 2012. Bolivar, protection measures were granted by uu In its judgment regarding statutory provisions the National Protection Unit to a land restitution to ensure the full realization of the rights of claimant whose life was threatened by post- persons with disabilities, the Constitutional demobilization groups. In another case, the Court ruled that the related legislation collects intervention of OHCHR in Becerril helped a group
220 OHCHR REPORT 2012 © OHCHR/Colombia OHCHR staff carrying out awareness-raising activities with children in Guaiania, Colombia.
of investigators and journalists working on cases communities initiated a process of internal related to land grabbing to receive protection reflection and discussion that led to the adoption from the police to carry out their work. of local guidelines on ways that external actors uu In the context of the peace process that began in must consult with them. OHCHR is using the 2012, the Head of the Colombia Office published outcomes of this participatory process to assist three op-eds and was interviewed numerous duty-bearers to comply with their obligations and times by the media on human rights issues consider a review of existing procedures for the related to the process. OHCHR held an ongoing full realization of this right. dialogue with Government representatives and uu OHCHR encouraged victims to use national sent messages through various interlocutors to the protection mechanisms and fostered protection FARC-EP regarding the need to confront their past measures by the National Protection Unit to human rights violations in order for the process several persons at risk. The impact has been to meet international standards. The Office also immediate in almost all cases, including, for stressed on several occasions that the peace example, in 19 cases in Cauca, Putumayo and process should take into account the opinions Valle del Cauca. and desires of the victims of past violations to meet international obligations. Colombia: Expenditure in 2012 Participation (EA 5) Regular budget Extrabudgetary expenditure expenditure uu Indigenous peoples and Afro-descendant in US$ in US$ communities were able to express their views on Personnel & related - 5,563,321 the existing regulations on the right to free, prior costs and informed consent through a participatory Consultants - 329,682 consultation process carried out by OHCHR, Official travel - 233,926 which collected and analysed the expectations Contractual services - 159,800 and recommendations of more than 3,300 rights- holders. The process contributed to an increase General operating - 733,282 expenses in the knowledge of ethnic Colombian peoples, organizations and traditional authorities on Supplies & materials - 334,559 the international norms related to free, prior Seminars, grants & - 69,678 contributions and informed consultation and consent. It also contributed to strengthening indigenous, Afro- Subtotal - 7,424,248 descendant and Rom organizations and promoted Programme support 965,152 costs dialogue between them and State authorities at the local level. Additionally, a number of ethnic GRAND TOTAL - 8,389,400
OHCHR REPORT 2012 221 OHCHR IN THE FIELD: AMERICAS
Guatemala prosecuting members of these bodies, such as in the case of three local security members accused Year established 2005 of inflicting injuries in Panajachel, Sololá. Staff as of 31 December 2012 28 uu Technical assistance and advice was provided Expenditure in 2012 US$ 3,546,221 by OHCHR to the Congress, through its different commissions, to ensure the compliance of legal reforms with international standards. In this Results regard, the Office retained its permanent seat in the Working Group on Security and Justice, National laws, policies and institutions (EA 1) through which it participated in the discussion on uu The Office provided recommendations to the proposed constitutional reforms and presented Government of Guatemala on a number of a document on reform processes and their security policies to improve their compliance with compliance with international standards. The international standards. For instance, the Covenant Office also worked closely with the Commission for Security, Justice and Peace developed by on Migrants on the revision of the Law on the Ministry of Interior, incorporated some of Migration, the draft of which incorporated the Office´s recommendations, such as the recommendations made by the Special Rapporteur application of a human rights-based approach to on the rights of migrants and the Committee on public security, rather than a military approach. the Protection of the Rights of All Migrant Workers In another example, the Government reviewed and Members of their Families. Decree 40-2000 on the intervention of armed uu In 2012, the Rome Statute of the International forces and included some human rights elements Criminal Court was ratified, and a law on criminal recommended by the Office. Nevertheless, the investigation and the regulations for the Law on the Decree does not clearly exclude the use of the Penitentiary System were adopted following years armed forces in situations social protest. of engagement and advocacy work undertaken by uu OHCHR documented and brought to the attention the Office with authorities and civil society. of authorities a number of abuses committed by uu Following an OHCHR assessment of challenges members of local security bodies. As a result, faced by the Labour Inspectorate in the protection the Public Prosecutor´s Office and the Judiciary of the rights of land workers which was shared responded positively by investigating and with the Ministry of Labour, the capacity of © OHCHR/Guatemala The High Commissioner visits a human rights photography exhibition in Guatemala.
222 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
the General Labour Inspectorate (GLI) was strengthened with the hiring 100 inspectors. Furthermore, to contribute to the increased number and quality of rural inspections carried out by the inspectors, OHCHR and the GLI developed a protocol to monitor the labour rights of land workers which is expected to be adopted in 2013. In addition, OHCHR continued to monitor the human rights situation of land workers in 2012 and five cases of violations were documented. uu The Constitutional Court made important decisions that incorporate human rights standards in specific cases, including on indigenous peoples’ rights, housing and access to information, due in part to technical assistance provided by OHCHR to magistrates and lawyers and capacity-building activities carried out with © OHCHR/ Guatemala legal clerks. OHCHR staff on a monitoring mission to San Marcos, Guatemala. uu The Office provided technical advice to members of the judiciary to ensure that the proposed administrative or judicial courts. Of these cases, reforms to the Law on the Judicial Career are seven have resulted in decisions which could lead in compliance with international human rights to changes in the national protection system with standards. The Office will continue working regards to the right to participation of indigenous with the President of the Court to ensure that representatives in Departmental Development the proposed reforms are presented before the Councils and the recognition of indigenous forms Congress. Additionally, the Office carried out of organization for land tenure. For example, one an evaluation of the training programme that organization that is composed of representatives has been in place since 2009 at the School of from eight indigenous communities obtained Judicial Trainers. The review showed positive recognition by the Government of their right results, including an increased use of international to collective ownership of lands. In another standards in judicial decisions. example, an organization initiated two legal actions on constitutional grounds against the Participation (EA 5) General Electric Power Law, seeking transparency uu The Office continued providing technical from the National Electrical Energy Commission, assistance to indigenous leaders in different which defines the tariffs. The Constitutional departments of Guatemala to enhance their Court admitted the challenges at the first instance participation in decision-making processes. for public audience, after which 30 additional The Office opened a space for dialogue on communities adhered to the process. and analysis of various themes related to the protection of their rights, including in light of the State engagement with human rights proposed Constitutional Reform. These spaces mechanisms (EA 6) facilitated coordination between indigenous uu The Office supported the Presidential Secretariat leaders and indigenous organizations which for Women in the preparation and submission publicly expressed their opposition to the of a follow-up report to the Committee on the proposed Constitutional Reform. The proposal Elimination of Discrimination against Women was subsequently withdrawn by the President. in August 2012. The Office also engaged with uu The Court ruled in favour of eight indigenous authorities throughout the year to support the women who had been detained for opposing the elaboration of the Government’s report to the installation of electricity posts on their respective Universal Periodic Review (UPR). properties. OHCHR advised the indigenous women’s organization, Tzununija, which defended Civil society engagement with human rights the women. mechanisms (EA 7) uu By the end of 2012, 18 of the 20 indigenous uu Further to OHCHR’s provision of technical advice organizations which are supported by OHCHR to civil society, more communications were sent through the Maya Programme had formally to special procedures mandate-holders by civil presented legal claims based on international society organizations or individuals, in particular human rights standards before competent to the Special Rapporteur on the situation
OHCHR REPORT 2012 223 OHCHR IN THE FIELD: AMERICAS
of human rights defenders and the Working by OHCHR. The Law provides for the creation Group on Arbitrary Detention. In addition, the of a National Mechanism for the Protection Office provided support to civil society for the of Human Rights Defenders and Journalists preparation of an alternative report to the Human with human rights activists and journalists as Rights Committee and for the reports from civil permanent members. The Office was accorded society and the national human rights institution the status of permanent guest with no vote. which were submitted to the UPR. uu The Office in Mexico continued to promote and follow up on the implementation of indicators, based on OHCHR’s methodology, which are Guatemala: Expenditure in 2012 developed to assist the State in evaluating the Regular budget Extrabudgetary impact of public policies on the national human expenditure expenditure in US$ in US$ rights situation and to monitor its compliance with international human rights instruments Personnel & related - 2,222,656 costs and standards. In 2012, the Superior Tribunal of Consultants - 135,321 Justice of Mexico City continued to implement indicators on the right to fair trial which have Official travel - 65,141 also been proposed for adoption by all local Contractual services - 147,826 Tribunals in Mexico. The elaboration of fair trial General operating - 344,442 indicators has been formally approved and its expenses implementation made compulsory at the Federal Supplies & materials - 122,730 level by the Supreme Court of Justice of Mexico Seminars, grants & - 100,133 and the Federal Judicial Council. In parallel, the contributions Prosecutor’s Office of Mexico City established and Subtotal - 3,138,249 formally adopted its own set of fair trial indicators Programme support 407,972 at the stage of prosecution. Additionally, the costs Ministry of Interior adopted OHCHR´s framework GRAND TOTAL - 3,546,221 for measuring violence against women and published, jointly with OHCHR, a book entitled How to Measure Violence against Women in Mexico? Volume I: Structural Indicators, which introduces 111 indicators approved and validated Mexico to measure violence against women in Mexico. uu A constitutional amendment that will authorize Year established 2002 federal authorities to investigate crimes against Staff as of 31 December 2012 22 journalists entered into force in June 2012. The Expenditure in 2012 US$ 2,771,838 amendment endorses a specific recommendation made by the Special Rapporteurs on freedom of expression from the UN and the Organizations of Results American States (OAS) following their joint visit to Mexico in 2010. OHCHR, together with civil National laws, policies and institutions (EA 1) society organizations, academics and organizations uu The General Law on Victims, which was of journalists, drafted a proposal for the legislation approved by the Federal Congress in 2012 and needed to implement the amendment. promulgated on 9 January 2013, establishes a National System for the Attention to Victims and aims at protecting a number of rights of victims of violence and human rights violations, including access to truth, justice and reparation, as well as guarantees of non-repetition. OHCHR provided technical assistance during the legislative process by facilitating dialogue between congresspersons and victims and advocating for its approval during the final stages of the debates. uu The Law for the Protection of Human Rights Defenders and Journalists entered into force in
June 2012 as a result of advocacy by civil society © OHCHR/Mexico organizations and technical assistance provided Consultation with the Wirrárika indigenous population in Mexico, February 2012.
224 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS © OHCHR/Mexico Inauguration of the International Conference on Constitutional Protection of Human Rights organized by the Mexican Supreme Court, November 2012. uu Throughout 2012, OHCHR conducted 36 field the Coyoacan District. Further to this process, missions in 16 states to monitor 110 cases of spaces were opened for the participation of civil alleged human rights violations. Approximately society in policy-making and implementation. 120 interviews with victims of human rights uu Judicial authorities have increasingly incorporated violations, detainees, their families, advocates and international human rights standards in their rulings. witnesses were carried out. OHCHR presented For instance, the 2011 constitutional reforms on all documented cases to the human rights human rights and amparo and seminal rulings ombudsperson and law enforcement authorities by the National Supreme Court of Justice have at the federal or local levels. The Office used enhanced the application of international human these opportunities to familiarize prosecutors with rights standards by the judiciary. OHCHR played international standards on human rights in general a key role in this development by preparing and and the administration of justice in particular and submitting compilations of relevant international to promote the compliance of the Government norms and standards to the National Supreme Court with its international obligations on human rights of Justice and other jurisdictions and by organizing matters. These efforts allowed the Office to forums, seminars and regional consultations on establish a relationship of trust with authorities international standards with the judiciary. The which led to an improvement in official responses Office also actively participated at the November to cases raised by OHCHR in 2012. This International Conference on Constitutional improvement was measured by the increase of Protection of Human Rights organized by the first-hand information provided to the Office, the Supreme Court in Mexico City which was attended ability to interview prosecutors regarding the lines by representatives of the International Court of of investigations and the possibility of following- Justice, the European Court of Human Rights, up on prosecutions in all cases. the Inter-American Court of Human Rights, the uu OHCHR triggered the elaboration of assessments African Court on Human and Peoples’ Rights and on the mainstreaming of international human the Courts and Constitutional Courts of over 20 rights standards in Baja California, Oaxaca, countries from different continents. Morelos and the Coyoacan District in the City of Mexico. Progressive ownership of the human State engagement with human rights rights assessment process by relevant authorities mechanisms (EA 6) is gradually resulting in the incorporation of uu In order to support State efforts to implement international human rights standards in decision- human rights recommendations, OHCHR, the making processes. Examples include the revision Ministry of Foreign Affairs and a private university and development of public budgets with a human jointly updated an online search tool which rights perspective in the case of the Federal District contains all recommendations issued in relation of Mexico and the creation of a human rights to Mexico by international and regional human directorate within the administrative structure in rights mechanisms.
OHCHR REPORT 2012 225 OHCHR IN THE FIELD: AMERICAS
A new law protecting journalists and human rights defenders
The precarious conditions in of the growing risks encountered by participated in working meetings which human rights defenders HRDs on the public agenda. with authorities in order to elaborate (HRDs) work has been a priority the administrative regulation concern of OHCHR-Mexico which The culmination of these and and operative protocols of the has addressed this problem subsequent efforts was the Protection Mechanism, as well as comprehensively for the past several entering into force of the Law for promoting the participation of civil years. Following the amplification of the Protection of Journalists and society in this process. At the end the Office´s mandate in Mexico to Human Rights Defenders on 26 June of November, the administrative include public reporting, in 2009, 2012. The contents of the Law regulation of the Law was published OHCHR-Mexico published a public were the result of a process pushed in the Official Gazette. This report on the situation HRDs, which through the Congress by civil regulation describes the operation included analysis of particular society organizations with technical of the Mechanism and contains the cases and recommendations to the assistance from OHCHR. description of the attributions of the Mexican Government. The 2010 various component bodies. OHCHR- follow-up report demonstrated the The Law creates a Protection Mexico contributed extensively with severity of the situation and stressed Mechanism for Human Rights technical advice in the elaboration the Government’s binding duties to Defenders and Journalists that of these documents and promoted improve the environment in which provides protective measures their approval. HRDs carry out their activities. As to guarantee the life, integrity, a result, OHCHR-Mexico has been security and freedom of HRD’s able to successfully place the issue and journalists. OHCHR-Mexico
u In the case of a ruling of the Inter-American Court Regional Offices on Human Right focused on military jurisdiction, the Supreme Court of Mexico, with technical support from OHCHR, resumed its original competence to resolve conflicts that have arisen Regional Office for Central America between the military and the ordinary jurisdiction. (Panama City, Panama) Among the main legal elements adopted by the Supreme Court was the recognition that none of Year established 2007 the crimes in which the active or passive subject is Staff as of 31 December 2012 8 a civilian may be brought before a military court. Expenditure in 2012 US$ 959,178
Mexico: Expenditure in 2012 Regular budget Extrabudgetary Results expenditure expenditure in US$ in US$ National laws, policies and institutions (EA 1) Personnel & related - 1,885,472 costs u Staff of the national human rights institution (NHRI) Consultants - 126,660 in Panama increased its awareness on the human rights situation of indigenous and Afro-descendant Official travel - 139,108 populations. OHCHR facilitated a dialogue between Contractual services - 68,564 the NHRI and indigenous and Afro-descendant General operating - 154,109 populations, which led to an enhanced credibility expenses of the NHRI and is expected to contribute to Supplies & materials - 40,318 the improvement of its monitoring capacities. In Seminars, grants & - 38,723 addition, following efforts of the Regional Office, contributions the National Commission against Discrimination Subtotal - 2,452,954 was reactivated and its strategic plan and internal Programme support 318,884 rules of procedure were developed. costs u A training of trainers on human rights for GRAND TOTAL - 2,771,838 21 judges was designed and carried out by OHCHR in collaboration with the National
226 OHCHR REPORT 2012 © OHCHR/Central America Participants at an OHCHR workshop for indigenous women in Panama.
Judicial Academy of the Dominican Republic. Rica, members of an inter-institutional commission, All participants successfully completed the which was established with support from OHCHR, training and will in turn provide training for other were also trained on international human rights judges and prosecutors. The training will be mechanisms, racial discrimination and ICERD. The institutionalized in the National Judicial Academy’s Regional Office prepared a draft compilation of curricula and in 2013, OHCHR will work with the recommendations issued in relation to Costa Rica by National Judicial Academy to elaborate a detailed the international human rights mechanisms which is proposal in this regard. currently under review by the Costa Rican Ministry of Foreign Affairs. Access to justice and basic services (EA 4) uu Further to a recommendation of the Universal uu In El Salvador, the Regional Office’s Protocol on Periodic Review (UPR), a draft National Action Plan femicide1 investigation was adopted by the Public against Racial Discrimination is being developed in Prosecutor’s Office and is being used to train Costa Rica through a participatory process involving prosecutors throughout the country. civil society organizations and representatives of African-descent and indigenous peoples. OHCHR State engagement with human rights advocated for the participation of rights-holders in mechanisms (EA 6) the process and is providing technical advice to uu In Panama, the National Permanent Commission, the inter-institutional commission in charge of the an inter-institutional body created to follow up elaboration of the plan. on recommendations formulated by human rights uu In Costa Rica, OHCHR contributed to the mechanisms, received additional support from the increased awareness of indigenous peoples’ Regional Office, which trained members of the organizations on the recommendations Commission and shared lessons learned in other concerning the Diquis hydroelectric project countries. The Regional Office participated in formulated by the Special Rapporteur on the three of the Commission’s meetings, including its rights of indigenous peoples. A road map for working-level meeting on the Convention on the the implementation of these recommendations Elimination of all Forms of Discrimination against was established through a participatory process Women (CEDAW), the International Convention on between the Government, indigenous peoples the Elimination of All Forms of Racial Discrimination and UN agencies and was facilitated by the (ICERD) and the Convention on the Rights of Regional Office. Persons with Disabilities (CRPD) and published a compilation of all recommendations issued in Civil society engagement with human rights relation to Panama by the international human rights mechanisms (EA 7) mechanisms to facilitate effective follow-up. In Costa uu Indigenous peoples and Afro-descendant organizations in Belize, Costa Rica, Nicaragua 1 Femicide refers to an extreme form of gender-based violence; the and Panama increased their knowledge on the intentional killing of women for being women.
OHCHR REPORT 2012 227 OHCHR IN THE FIELD: AMERICAS
use of international human rights mechanisms following technical advice they received from the Successful negotiations between the Government Regional Office. As a result, indigenous peoples’ and indigenous peoples in Panama organizations and an Afro-descendant coalition in Belize presented a shadow report to CERD. In February 2012, massive protests against a proposed In addition, OHCHR brought together Afro- law regulating mining and hydroelectric development descendant and indigenous peoples organizations in indigenous lands took place in Panama (Comarcas). for the drafting of a report to the Human Rights Violent clashes between indigenous Ngabe Bugle Committee and to the second cycle of Belize’s and police forces practically paralyzed the country UPR. This was the first time these organizations for several days. Subsequently, the OHCHR Regional collaborated to advocate for their rights. In Office and the UN Resident Coordinator were asked to Panama, with guidance from the Regional Office, facilitate the negotiation process. the National Coordinator of Indigenous Women of Panama prepared a report on their human rights OHCHR’s direct involvement in the negotiations concerns for the Special Rapporteur on the rights between the Government and the indigenous Ngabe of indigenous peoples. In Nicaragua, the Regional Bugle representatives was crucial to the establishment Office trained 38 indigenous women from 18 of an environment of mutual trust between the diverse ethnic groups on the use of international different actors and facilitated a constructive mechanisms. This training included an open discussion. In particular, the Office was asked by the discussion with members of the judiciary aimed Resident Coordinator to facilitate the negotiation on at improving access to justice for indigenous how to draft the conflictive article of the proposed law women. In the Dominican Republic, the Regional regulating mining and hydroelectric development in Office provided technical assistance to non- indigenous Ngabe Bugle lands. After several days of governmental organizations on the presentation of negotiations, an agreement was reached on 15 March shadow reports to CERD, HRC and CEDAW. and the resulting text was approved by the Parliament.
Responsiveness of the international community (EA 10) elaborated by the Regional Office, was launched u As a result of the Regional Office’s engagement during the 10th session of the Permanent with the Central American Integration System Forum for Indigenous Issues in New York. The (SICA), human rights elements were included in Regional Office supported the participation in the the final declaration of SICA’s XXXIX Meeting of Permanent Forum of one indigenous member of Heads of States and Governments. Additionally, OHCHR’s Regional Consultative Mechanism, who the Plan of Action adopted during the meeting presented the report and provided her views on explicitly instructed SICA’s General Secretariat the situation of indigenous peoples in the region. to coordinate with OHCHR to develop joint initiatives aimed at strengthening the integration of a human rights dimension into the regional Regional Office for Central America security strategy. (Panama City, Panama): Expenditure in 2012 Regular budget Extrabudgetary expenditure expenditure Human rights mainstreaming within the United in US$ in US$ Nations (EA 11) Personnel & related 589,565 111,981 u The annual meeting between the Regional costs Interagency Group on Indigenous Peoples Consultants 7,834 12,776 and the Regional Consultative Mechanism of Official travel 40,711 23,245 Indigenous Peoples concluded with a series of recommendations on how UN agencies Contractual services 2,793 300 should address two major issues of concern for General operating 65,204 20,400 expenses indigenous peoples, namely climate change and the right to consultation. The Regional Office Supplies & materials 8,633 - supported the participation of three indigenous Seminars, grants & 26,181 24,446 contributions peoples’ representatives from the region (members of the Regional Interagency Group), Subtotal 740,921 193,148 who provided their views and guidance to UN Programme support - 25,109 costs agencies on these issues. GRAND TOTAL 740,921 218,257 u The Assessment on the situation of indigenous peoples human rights in Central America,
228 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
Regional Office for South America (Santiago, Chile)
Year established 2009 Staff as of 31 December 2012 5 Expenditure in 2012 US$ 1,553,265
Results
National laws, policies and institutions (EA 1) © Roberto Stuckert Filho The OHCHR Regional Representative for South America delivers uu Following advocacy efforts undertaken by the a speech at the inauguration of the National Truth Commission Regional Office, the Judicial Academy in Chile in Brazil, May 2012. The event was attended by the current and included an OHCHR training module in its former Presidents of Brazil and other authorities of the country. curricula on the use of international human rights treaties by national courts. Further to this, the increased the distrust of indigenous communities Regional Office conducted two training sessions towards State authorities. Consequently, the in 2012 on international human rights treaties Regional Office prepared a detailed analysis of the and standards for future judges. The trainings draft decree and shared it with the Government, were highly rated by the Judicial Academy which other UN agencies working on indigenous peoples’ decided to continue collaborating with the Office. rights and the Special Rapporteur on the rights of uu In Argentina, the law creating a National indigenous peoples. The Special Rapporteur used Preventive Mechanism was passed on 28 this analysis to prepare an official and public report November. Throughout 2012, the Regional on the draft decree which was shared with the Office promoted the establishment of National Government and presented by video conference Preventive Mechanisms in the context of the during a meeting attended by approximately 250 Southern Common Market (MERCOSUR) by, for indigenous leaders on 30 November. As a result instance, preparing a publication in collaboration of this strategy undertaken by the Regional Office, with MERCOSUR’s Institute on Public Policies indigenous leaders and the Government benefited in Human Rights and by holding meetings with from the advice of the Special Rapporteur and regional officials to promote their establishment. discussions on the decree resumed. uu In June 2012, the Uruguayan national human uu In Chile, the Regional Office provided technical rights institutions became operational and advice on the draft law on public order, five members of its executive council were highlighting several provisions that were contrary designated. OHCHR advocated for the to human rights standards. Additionally, several establishment of the institution, including through special procedures mandate-holders (on freedom a number of meetings with Government officials of expression, freedom of association, and human and parliamentarians. rights defenders) sent a joint communication to uu In Peru, the Regional Office provided support for the Government of Chile on the draft law. The the establishment of the Vice-Ministry of Human Government responded that several amendments Rights and Access to Justice within the Ministry of would be introduced in line with comments Justice, including by providing technical advice received from the Regional Office and the special on the law establishing the new Vice-Ministry and procedures. The current draft differs widely its related regulation and sharing a compilation of from the original draft and is currently being normative, structural and operational frameworks considered by Congress. of other governmental human rights institutions in the region. The law creating the Vice-Ministry was Ratification (EA 2) adopted in December 2011 and the new Vice- uu Peru ratified the International Convention for Minister was appointed on February 2012. the Protection of All Persons from Enforced uu On 8 August 2012, the Government of Chile Disappearance. The Regional Office raised the presented a draft decree on the regulation of awareness of actors in Peru on the importance consultation processes with indigenous peoples of ratifying this treaty by conducting training which called on indigenous communities of sessions and meetings with representatives the country to present their observations and of the Ministry of Foreign Affairs, Ministry of comments by the end of 2012. The draft decree Justice and Human Rights, parliamentarians, the contained several provisions that failed to comply national human rights institution and civil society with international human rights standards and organizations.
OHCHR REPORT 2012 229 OHCHR IN THE FIELD: AMERICAS
State engagement with human rights mechanisms (EA 6) Videos tell human rights stories u The Governments of Brazil, Argentina and Peru submitted their national reports for the second Video is a very effective way to illustrate stories. The cycle of the Universal Periodic Review (UPR) based Regional Office in South America produced two videos on the new general guidelines adopted by the for the colloquium organized in connection with Human Human Rights Council. Prior to these submissions, Rights Day 2012. The colloquium, entitled My voice the Regional Office conducted a training session counts: public and political participation of women in for Government representatives in Argentina and Chile, addressed the issue of the inclusion of women in Peru on the second cycle of the UPR and also public and political life. The two videos were presented advised the Brazilian Government in this regard. before participants to contextualize the discussion. Video 1 – Women and participation in politics Civil society engagement with human rights The video provides figures of women participation mechanisms (EA 7) in politics and introduces the recent concluding u During 2012, the Regional Office promoted the observations of CEDAW Committee on the issue. It engagement with human rights mechanisms through also features the opinion of women who participate in several workshops carried out in Chile, including politics in different areas (such as State institutions, for indigenous leaders in Temuco (April 2012), civil society and social movements) who highlight the Antofagasta (November 2012) and Santiago (May importance of the participation of all women in public and November 2012) and for the Ombudsman’s life. The video is available at the following link: Office in Tucuman, Argentina (July 2012). During http://youtu.be/1Rnwbtukdo4 the year, the Special Rapporteur on the rights of indigenous peoples received several communications Video 2 – Voices echoing: opening new spaces for from various participants of those trainings. women u Reports prepared by civil society actors in This video introduces the discussion on the participation Argentina and Peru, who benefited from the of women in other areas of social life such as labour, Office’s technical advice and cooperation, were culture, family, education, and particularly in traditionally submitted to the Committee Against Torture male-dominated areas. It also includes masculine and communications were sent to the Human perspectives on the issue and the role played by men Rights Committee, the Special Rapporteurs on in the eradication of gender discrimination in society. the independence of the judiciary, human rights The video is available at: defenders and freedom of expression and the http://youtu.be/1Rnwbtukdo4 Working Group on Arbitrary Detention. u The Regional Office conducted training sessions on the UPR reporting procedure for civil society for UNCT staff and providing technical advice on organizations in Argentina and Peru and, incorporating this approach into the UNDAF. consequently, 20 Argentinian and 17 Peruvian civil society organizations sent individual or joint submissions in anticipation of the UPR Regional Office for South America second cycle for their respective countries. The (Santiago, Chile): Expenditure in 2012 Office also supported the national human rights Regular budget Extrabudgetary expenditure expenditure institutions in Argentina and Peru which sent in US$ in US$ information for the UPR process. Personnel & related 709,152 299,736 costs Human rights mainstreaming within the United Consultants - 142,410 Nations (EA 11) Official travel 9,700 140,835 u In December 2012, the Government approved the Brazilian United Nations Development Assistance Contractual services - 6,700 Framework (UNDAF) 2012-2015. A human General operating 115,800 22,131 expenses rights-based approach was partially applied for the development of the document, primarily in Supplies & materials 2,400 5,450 relation to citizen security policies and other public Seminars, grants & 14,300 3,900 contributions policies particularly affecting vulnerable groups. The Regional Office provided technical assistance Subtotal 851,352 621,162 to the UN Country Team (UNCT) since 2010 by, Programme support - 80,751 costs for instance, conducting trainings on human rights instruments and a human rights-based approach GRAND TOTAL 851,352 701,913
230 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
Human Rights Component in UN OPC by participating in joint monthly visits of Peace Mission detention facilities; participating in the comités de la détention provisoire prolongée (committees on prolonged pre-trial detention); and providing financial as well as logistic support to the OPC’s regional presences. By the end of 2012, close to 300 persons illegally or arbitrarily deprived of United Nations Stabilization Mission in their liberty had been released as a result of the Haiti work of the comités de la détention provisoire Year established 2004 prolongée. uu The Magistrate School, with support from the Staff as of 31 December 2012 58 HRS, included a module on international human rights in its regular training. In addition, the HRS organized a public debate between selected Results Haitian judges and a judge and senior staff lawyer from the Inter-American Court of Human Rights National laws, policies and institutions (EA 1) on the applicability of international human rights uu The Organic Law on the Office de la Protection law in the domestic system. The proceedings of du Citoyen (OPC), Haiti’s national human the debate have been published and 100 copies rights institution, was adopted on 17 July will be distributed among judges and prosecutors. 2012. The Human Rights Section (HRS) of the The publication will serve as a reference and United Nations Stabilization Mission in Haiti advocacy tool for enhanced use of international (MINUSTAH) contributed to this result through human rights standards in national courts. the provision of technical advice at the drafting uu The Police Academy adopted a human rights stage to ensure the Bill’s compliance with the curriculum which has been integrated into Paris Principles and advocated for its adoption the global training programme for new police by Parliament. The adoption of the Law resulted officers. The HRS facilitated training-of-trainers in a significant, though still insufficient, increase sessions to support the Academy in implementing of budgetary resources for the OPC. OHCHR this curriculum. In addition, the Police Academy also contributed to the increased capacity of the adopted an action plan in relation to the new © UN Photo/Logan Abassi © UN Photo/Logan A girl waits in line for food aid being distributed by the Haitian government in the aftermath of Tropical Storm Isaac.
OHCHR REPORT 2012 231 OHCHR IN THE FIELD: AMERICAS
curriculum which includes initiatives such as the of special procedures, treaty bodies and the reinforcement of initial training. This demonstrates Universal Periodic Review were implemented the Academy’s institutional commitment to in the area of rule of law (appointments of the teaching international human rights standards High Judicial Council, the Chairperson of the through initial and continuous training of Cassation Court and the six Inspectors General members of the police force. of the National Police); social policies (approval uu The capacity of relevant State entities to integrate of legislation on responsible paternity and on human rights and protection measures into disability); and ratification of treaties (ICESCR). return and relocation programmes for internally This progress was achieved with essential support displaced persons was strengthened through provided to the relevant national institutions continuous advocacy by OHCHR, including by HRS, in particular the Inter-Institutional through the elaboration of an advocacy note. Committee on Human Rights and the Ministry of The note provided specific recommendations and Human Rights and Fight against Extreme Poverty. outlined vulnerability criteria for the selection of uu All visit requests sent by special procedures camps for return and relocation programmes and mandate-holders resulted in official missions to was developed in consultation with the Camp Haiti. The Independent Expert on the situation Coordination and Camp Management/Emergency- of human rights in Haiti sent two requests which Shelter, Education and Protection Clusters and the were accepted. His missions were conducted from Child Protection Sub-Cluster. The vulnerability 31 January to 8 February and from 25 November criteria have been used by the Government to 1 December, with substantive and logistical of Haiti and the International Organization for support provided by the HRS. Migration (IOM) in the prioritization of camps. uu On 30 November, Haiti submitted its first report Furthermore, protection principles have been under the International Covenant on Civil and integrated in the Government’s 16/6 programme, Political Rights, a treaty it had ratified in 1991. implemented jointly with IOM, which aims to This resulted from consistent advocacy and provide durable return solutions to people living support provided by the HRS and the Inter- in camps. Institutional Committee on Human Rights.
Ratification (EA 2) Human rights mainstreaming within the United uu The Haitian Parliament adopted the Law for the Nations (EA 11) ratification of the International Covenant on uu As a result of substantive support provided by the Economic, Social and Cultural Rights (ICESCR) HRS, the four pillars of the UN Integrated Strategic on 31 January 2012. The HRS contributed to this Framework 2013-2016 for Haiti include human achievement through advocacy activities targeting rights concepts. Its indicators were developed Parliament Committees, civil society and the taking into account the UPR recommendations. Ministry of Foreign Affairs. The ICESCR entry uu The HRS contributed to a MINUSTAH paper on into force is subject to the promulgation of the pre-trial detention, ensuring that the rights of the Law by the President of Haiti and the deposit of detainees to a full defence and a fair trial are fully the instrument of ratification with the Secretary- reflected and integrated in the Mission’s approach General. to this issue. Likewise, the HRS developed a strategy on sexual and gender-based violence, Participation (EA 5) in collaboration with MINUSTAH’s Justice, uu Civil society participation in decision-making Gender and Child Protection Sections and the processes increased at the national and local UN Police, ensuring that human rights standards levels. OHCHR contributed to this through the and principles are integrated into the Mission’s delivery of training sessions on public policies approach to the issue. and budget monitoring with human rights-based uu The Protection Cluster, led by the HRS, organized tools. The sessions were attended by duty- workshops for and held regular meetings bearers and rights-holders, including women with members of the Water, Sanitation and from grassroots organizations, in Port-au-Prince, Hygiene; Health; and Camp Coordination and Gonaives, Hinche, Jeremie and les Cayes. Camp Management/Emergency-Shelter Clusters regarding the integration of protection and State engagement with human rights human rights standards and principles into their mechanisms (EA 6) programming and activities. This contributed to uu In 2012, Haiti implemented a significantly ensuring the humanitarian community is more increased number of recommendations issued cohesive in upholding human rights standards in by UN mechanisms. Several recommendations its advocacy efforts and operations.
232 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
Human Rights Advisers in UN Country u OHCHR promoted the implementation of Teams Universal Periodic Review recommendations by contributing to their systematization and widespread dissemination through the development of a database which can be easily accessed from the webpage of the Ministry of Ecuador Justice, Human Rights and Cults.
Year established 2007 Civil society engagement with human rights Staff as of 31 December 2012 3 mechanisms (EA 7) u By conducting training activities, OHCHR contributed to the increased knowledge of Results civil society organizations on how to interact with international human rights mechanisms. National laws, policies and institutions (EA 1) Consequently, a number of these organizations u Approximately 120 public planning officials prepared their first alternative reports to the human increased their knowledge on methodologies rights monitoring bodies. Four non-governmental for the formulation of public policies from organizations submitted reports to the Committee a human rights perspective as a result of on the Elimination of Racial Discrimination and specialized training facilitated by OHCHR. A three non-governmental organizations submitted new version of the Guidelines to formulate sector specific public policies developed with the support of the Office, to be released in 2013, will constitute a tool for human rights Human rights-based approach in public policies in mainstreaming in development planning and Ecuador therefore strengthen the capacities of the National Secretariat for Development and For the last four years, OHCHR has been supporting Planning (SENPLADES). the National Secretariat for Development and Planning u A training module on human rights was (SENPLADES) to integrate a human rights-based institutionalized in the National Institute of approach in national development planning processes Higher Education (IAEN) and is now part of the and tools. This has been a mutual learning process regular courses offered to all public officials in which human rights, development and planning of the Government. The module, which was have reinforced each other in order to promote the full jointly developed by OHCHR, the Ministry of realization of human rights through public policies. Justice, Human Rights and Cults and IAEN, makes use of non-formal methodologies in The year 2012 was crucial in positioning the order to sensitize State actors on human rights human rights approach as the methodology needed issues and obligations. to close existing gaps in the enjoyment of rights by providing knowledge, skills and tools to public State engagement with human rights planning officials. Methodologies and tools developed mechanisms (EA 6) in previous years are being reviewed according to u Indigenous justice authorities and civil feedback provided by public officials after their society actors improved their knowledge and practical application. understanding about an intercultural approach to human rights and legal pluralism in line with ILO In early 2013, an initial group of multipliers within Convention No. 169 and key recommendations the Government has been consolidated, trained and made by the Special Rapporteur on indigenous ready to provide advice on how to integrate a human peoples. OHCHR contributed to this result by rights-based approach in public policies. Another facilitating a number of activities, including a important development includes the elaboration workshop and seminar on coordination and process of a national atlas of inequalities, supported cooperation between indigenous and ordinary by 11 UN agencies led by the HRA, that will provide justice systems which were attended by disaggregated information (by gender, age, ethnicity, representatives of the Government, indigenous location, etc.) needed to target public policies and as communities, judges, prosecutors and civil the base-line for the next National Development Plan. society.
OHCHR REPORT 2012 233 OHCHR IN THE FIELD: AMERICAS
alternative reports to the Committee on Economic prison system and made recommendations to the Social and Cultural Rights. Government for improvement of the system.
Human rights mainstreaming within the United Participation (EA 5) Nations (EA 11) uu Rights-holders actively participated in the uu In coordination with the Resident Coordinator’s elaboration of the First National Policy on Office and ILO, OHCHR organized a workshop Human Rights: Human Rights Action Plan, which for UN agencies which led to the increased is expected to be approved in 2013. With the knowledge and understanding of the right to prior assistance of OHCHR, a group of consultants consultation of indigenous peoples by relevant analysed recommendations issued in relation to UNCT members. This led to the reactivation of the Honduras from international human rights bodies Inter-Agency Group on multiculturalism, which is to ensure their inclusion in the Plan. OHCHR currently elaborating a cooperation proposal to also trained 15 civil society organizations support the Confederation of Indigenous Peoples representing vulnerable groups, such as of Ecuador on the right to prior and informed indigenous peoples, Afro-descendants, women consent. and lesbian, gay, bisexual and transgender persons, on strategic litigation in order to improve their knowledge of national, regional and international human rights protection Honduras systems and support their participation in the drafting of the Human Rights Action Plan. Year established 2010 Staff as of 31 December 2012 -
Paraguay Results Year established 2010 National laws, policies and institutions (EA 1) Staff as of 31 December 2012 3 uu The Ministry for Justice and Human Rights drafted a Human Rights National Action Plan in consultation with stakeholders, including civil Results society organizations. The guidance of the Human Rights Adviser, supported by three consultants, National laws, policies and institutions (EA 1) contributed to the Ministry’s work to develop a uu A National Human Rights Action Plan was comprehensive State policy on human rights. The elaborated with the active involvement of draft Plan will be presented to the Government in departments from the three branches of the 2013 for its adoption. Government, civil society organizations and academia. The Human Rights Adviser (HRA) Justice and accountability mechanisms (EA 3) accompanied the process and ensured that uu A total of 39 judges and 21 public defenders recommendations from international human rights increased their knowledge on international mechanisms were included in the Plan. human rights standards in the administration of uu The National Plan on Human Rights Education justice following training sessions organized by was adopted in 2012 and its implementation is OHCHR, with the participation of international underway. Civil society organizations participated experts from Europe and Latin America. The in the development of the Plan, which was Public Prosecutor’s Office received technical coordinated by the Ministry of Education assistance on strengthening the investigation and Culture with the support of the HRA. capabilities of the Special Prosecutor for Human Furthermore, the Ministry formally requested Rights (FEDH) and the Special Prosecutor the HRA’s continued cooperation during the for Indigenous Peoples (FEEPC). In addition, implementation of the Plan, including for the a proposal for a more efficient structure of design of indicators on the right to education. the FEDH was presented to the Attorney uu Following HRA’s advocacy and advice, the General and the FEEPC received assistance in definition of torture was amended in the penal systematizing its cases. code to bring it in line with international human uu The Human Rights Adviser conducted a rights standards. comprehensive assessment of the Honduran
234 OHCHR REPORT 2012 OHCHR IN THE FIELD: AMERICAS
uu A Commission for the selection of members of for instance, sharing the OHCHR methodology the National Torture Prevention Mechanism was on human rights indicators, which was taken into established and all members were selected by account by NGOs in their own monitoring and December 2012, in compliance with national reporting processes. legislation and the Optional Protocol to the Convention against Torture and Other Cruel, State engagement with human rights Inhuman or Degrading Treatment or Punishment. mechanisms (EA 6) The Commission was composed of a wide uu Following a request by the Ministry of Foreign range of stakeholders, including representatives Affairs for technical cooperation to facilitate the of the Government and civil society. The latter follow-up to recommendations of international were supported by the HRA to ensure their human rights mechanisms, the HRA updated the participation. contents of the search portal on international uu A total of 71 indicators on the right to health human rights recommendations (created in 2011) were designed by the Executive Human issued in relation to Paraguay. Rights Network, the Ministry of Health and the Department of Statistics, Census and Surveys, with Civil society engagement with human rights guidance from OHCHR and other UN agencies mechanisms (EA 7) and were presented in December 2012. Once uu The HRA contributed to the increased capacity implemented, the indicators will provide details of NGOs to engage with international human on the effectiveness of public policies related to rights mechanisms by conducting a workshop, in the right to health as they will disaggregate data coordination with CODEHUPY, on the protection according to age, sex, ethnic group, location, of human rights in Paraguay and by developing disability and people affected by and living with and disseminating the Guidelines for reporting HIV. The indicators will provide NGOs and civil to the UN mechanisms for protection. As a society with a valuable tool to monitor the impact consequence of these activities, NGOs began of public policies on the most vulnerable groups. engaging with the special procedures and more uu Human rights indicators on the right to fair trial than eight communications were sent to six were developed, with the participation of more special procedures asking for urgent actions than 100 judges and court officials and the UN and calling on the Government to fulfil its Country Team, and were adopted by the Supreme international human rights obligations. Court of Justice on December 2012. OHCHR closely followed the process and provided Human rights mainstreaming within the United guidance and technical advice. Nations (EA 11) uu The HRA and the UN Inter-Agency Working Participation (EA 5) Group on HIV/AIDS were involved in the drafting uu The December 2012 publication of the annual of the first report on the human rights situation of report of CODEHUPY, a network of Paraguayan lesbian, gay, bisexual and transgender persons in human rights NGOs, provides information on Paraguay, especially in relation to discrimination the evolution of the human rights situation in and the rights to identity, health, education, Paraguay. The HRA contributed to the increased work and integrity. The report is expected to be capacity of NGOs to monitor human rights by, launched in 2013. © OHCHR/Paraguay The Human Rights Adviser speaks at the launch of the indicators on the right to fair trail, December 2012. The event was attended by the President of Paraguay and other authorities of the country.
OHCHR REPORT 2012 235 OHCHR IN THE FIELD: AMERICAS
Actor promotes human rights in Paraguay
Celso Franco, an actor from the perfect motto for Celso to Paraguay, has helped raise champion human rights culture in awareness for human rights in his homeland. his country through his roles and his collaboration with OHCHR. Since then, Celso has become a He became popular following his figurehead for human rights in role in 7 Cajas (7 boxes), a film Paraguay. His warm personality which exposes the daily lives of and charisma have made human desperate, yet ordinary people rights messages accessible to in Asuncion’s infamous Central all. Celso is now preparing his Market. Throughout his young performance in a play, Cementerio adult, real, life, Celso has been a de Vivos (The living Cementery) staunch supporter of child, youth which is a timely portrayal of and environmental protection the degrading conditions in causes. Paraguayan prisons and the lack of justice for poor people, and When approached by the Human shows that people deprived of Rights Adviser in Paraguay about their liberty have also rights. forming part of a human rights campaign, he replied yes without Celso’s example shows that it is hesitation. “Celso instinctively not necessary to be a doctor or a embraced the cause because he lawyer to promote human rights. deeply believes in it”, commented Anybody can be a human rights the Human Rights Adviser. You’re defender, and raise awareness that a person, you have rights, the all human beings are born free and
slogan of the campaign, was © OHCHR/Paraguay equal in dignity and rights.
236 OHCHR REPORT 2012