OHCHR IN THE FIELD: AMERICAS
OHCHR in the field: Americas
Type of presence Location During 2011, OHCHR maintained its 10 field Country offices l Bolivia presences in the Americas region: two regional l Colombia offices (Panama City and Santiago de Chile); four l Guatemala country offices (Bolivia, Colombia, Guatemala, and l Mexico Mexico); three human rights advisers (Ecuador, Regional offices l Central America (Panama City, Panama) Honduras, and Paraguay); and one human rights l South America (Santiago de Chile, Chile) component in a peace mission (Haiti), where
Human rights l Haiti OHCHR continued its leadership of the Protection component in UN Cluster in the context of the humanitarian response. peace missions As the presence of the Human Rights Adviser in Human rights l Ecuador Nicaragua was discontinued at the end of 2010, advisers in UN l Honduras Country Teams OHCHR covered human rights issues in the country l Paraguay from its regional office in Panama with the support
266 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
of the United Nations Country Team (UNCT), which taken in many countries to advance transitional maintained a Human Rights Officer for most of the justice, especially in the Southern Cone, judiciaries year. The Americas Section provided substantial and and law enforcement agencies throughout much of administrative support to all the field presences and the region are in need of strengthening. Most of the supported the work of the Independent Expert on work programmes of the field presences, supported the situation of human rights in Haiti. by headquarters, therefore include a substantive component in supporting efforts to strengthen justice OHCHR’s work in the Americas continued within a and the rule of law with an emphasis on transitional background of overall stable democracies and solid justice, impunity and the effective functioning of the legal frameworks for the protection of human rights justice system. and in which the human rights community continued to play a critical role in the consolidation The response by States to the challenges posed by of national and regional protection systems. In this violence and insecurity has often been at odds with context, OHCHR’s support was sought by both States human rights principles. OHCHR has advocated for and civil society. Nevertheless, growing levels of strengthening the ability of States to protect their insecurity and violence, including against women, populations and the adoption of human rights-based together with prevailing deficiencies in the justice laws and policies to prevent the further erosion and administration system and widespread impunity, violation of rights in the name of security. It has built posed increasing threats to democratic and human on its previous work with regional and subregional rights gains and political stability. Exclusion organizations, as well as the 2009 Report on Citizen continued to disproportionally affect Security1 and Human Rights, and the 2011 Report on Afro-descendant populations and indigenous Juvenile Justice, produced in partnership with the peoples. Inter-American Commission on Human Rights and UNICEF. OHCHR has worked with the Central In economic terms, the impact of the global American Integration System and the Institute of economic and financial crises were less prevalent in Public Policies in Human Rights of the Southern the Latin American region as poverty and inequality Common Market (MERCOSUR) to develop human have been reduced in many countries, primarily due rights-based security policies. Closely linked to its to a sustained commitment to the implementation of work on issues related to violence and insecurity social policies that privilege social investment. and the rule of law, OHCHR has undertaken efforts OHCHR will continue to work supporting data at different levels to prevent torture, improve the collection and the use of indicators to promote and situation of those deprived of liberty and promote monitor equality and non-discrimination in the penitentiary reform. region in the context of pursuing economic, social and cultural rights, and combating discrimination OHCHR has based its work on the promotion of a and poverty. wider use of UN human rights mechanisms in Latin America, where there is a high rate of ratification of Impunity and strengthening the rule of law remained international human rights treaties, and on priorities for OHCHR in the Americas, with a encouraging engagement with human rights particular focus on transitional justice and freedom mechanisms in the Caribbean and the United States, of expression. Work on protection mechanisms for where ratification rates are lower and few national journalists and human rights defenders was a major human rights institutions operate in compliance with focus of attention. While important steps have been the Paris Principles.
1 “The concept of citizen security is the one that best lends itself to addressing the problems of crime and violence from a human rights perspective. In lieu of concepts such as ‘public security,’ ‘internal security’ or ‘public order,’ it represents an uncontroversial move towards an approach that focuses on building a stronger democratic citizenry, while making clear that the central objective of the policies established is the human person, and not the security of the State or a given political system. The expression ‘citizen security’ emerged, for the most part, as a concept in Latin America, as Governments made the transition to democracy, as a way to distinguish the concept of security under a democracy from the notion of security under the earlier authoritarian regimes. In the latter case, the concept of security was associated with concepts like ‘national security,’ ‘internal security’ or ‘public security,’ all of which refer specifically to the security of the State. Under democratic regimes, the concept of security against the threat of crime or violence is associated with ‘citizen security’ and is used to refer to the paramount security of individuals and social groups. By contrast to other concepts used in the region, namely ‘urban security’ or ‘safe city,’ citizen security refers to the security of all persons and groups, both urban and rural. Nevertheless, it is worth highlighting that the concept of ‘public security’ is still widely used in the United States and Canada to also refer to the security of the individuals and groups who make up society” (OEA/Ser.L/V/II. Doc.57, 2009, p. 7).
OHCHR REPORT 2011 267 OHCHR IN THE FIELD: AMERICAS
Country Offices
Bolivia
Year established 2007 Staff as of 31 December 2011 23 Expenditure in 2011 US$1,334,547
Background © OHCHR/Bolivia The country continued to advance through the OHCHR staff monitoring a demonstration in Bolivia. transition process towards the implementation of the reforms envisaged by the 2009 Constitution. In this with different actors in the justice sector, allowing it context, noteworthy progress was registered to enhance its assistance and advocacy with the regarding policies and measures to eliminate racism judiciary, the General Attorney’s Office and the and all forms of discrimination, including the police on policies and measures addressing racism creation of a plural and participative National and discrimination, violence against women, as well Committee against Racism and All Forms of as economic and social rights. Discrimination and adoption of an action plan to fight those phenomena. The social programmes, together with other factors such as the country’s Results economic growth, helped to reduce poverty, extreme poverty, maternal mortality rates and the National laws, policies and institutions (EA 1) number of school dropouts. These initiatives, u The National Committee against Racism and All however, have yet to address long-standing Forms of Discrimination was created with the exclusion and discrimination affecting indigenous support of OHCHR. Sixty-one institutions are peoples and Afro-Bolivians, in particular women and members of the Committee, which is composed girls in rural areas. of State institutions at national, departmental and local levels, indigenous and Afro-Bolivian The existing crisis in the administration of justice organizations, civil society organizations and worsened during 2011. The new judicial authorities, others representing vulnerable sectors of the elected for the first time by popular vote on 16 population, such as women, youth, children and October, face the challenge of implementing adolescents, lesbian, gay, bisexual and profound reforms designed to broaden access to transgender (LGBT) people and persons with justice, improve the judiciary’s efficiency, strengthen disabilities. The Ombudsman and OHCHR-Bolivia its independence, reduce impunity and combat participate as observers. The Committee held corruption among justice officials. Also noteworthy is three sessions during which, amongst other the altered composition of the Judicial Body and the things, it supervised the elaboration of its internal Plurinational Constitutional Tribunal, which now regulations and reviewed an assessment of the include, as a result of those elections, an intercultural situation of racism and discrimination in the and gender balance. country, as well as its related plan of action against racism. With the support of OHCHR, the The realization of indigenous peoples’ rights did not Committee also oversaw the establishment of a advance as expected particularly in relation to their registry and monitoring system for complaints right to consultation on projects or administrative within the Vice-Ministry of Decolonization, which and legislative measures that could affect them. has received more than 139 complaints to date. Levels of violence against women continue to raise Likewise, two departmental committees against concern. racism and all forms of discrimination were created. Within this framework, OHCHR-Bolivia continued to u In December 2011, the National Committee provide technical assistance and support to State against Racism and All Forms of Discrimination authorities and civil society organizations aiming at adopted the plan of action against racism and all contributing to the full implementation of the wide forms of discrimination in compliance with the range of human rights guaranteed in the 2009 Durban process and Bolivia’s Law No. 045. This Constitution. The Office has built strong relationships plan draws from a participative assessment on the
268 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
current situation of racism and discrimination that than 90 hearings in different regions of the was initiated in 2010 and concluded in 2011. The country and met with judges, public prosecutors, Office provided technical and financial support to defence lawyers, defendants and victims. Legal the Vice-Ministry of Decolonization for the opinions related to the above-mentioned cases elaboration of both the assessment and the plan. were also prepared. In some instances, the u Following a request by the General Attorney, interventions of OHCHR-Bolivia played a key role OHCHR-Bolivia submitted comments and in increasing the protection of people at risk (i.e., recommendations concerning a bill presented by witnesses, victims or lawyers) or mitigating the General Attorney related to reform of the tension at hearings. Despite some progress made, regulation and functioning of the General most trials proceeded at a slow pace amidst Attorney’s Office. This bill was one of the inputs continuous deferrals. and proposals taken into consideration during the reform process of the Law of the General Attorney. Justice and accountability mechanisms (EA 3) As a result, another bill is now being discussed in u OHCHR-Bolivia conducted 60 field missions, for a the Plurinational Legislative Assembly. total of 183 days, in all nine departments of the u In coordination with OHCHR-Bolivia, the Vice country. To a certain extent, these activities Ministry of Equal Opportunities organized a contributed to strengthening the knowledge of three-day event on violence against women and human rights international standards among rule femicide2 which was attended by approximately of law institutions and enhancing the protection 100 participants from civil society and the public of victims of human rights violations. In one sector. The event focused on the submission to powerful example, this included the monitoring the Legislative Plurinational Assembly of a bill on of an indigenous demonstration in defence of the violence against women and a proposal to typify Indigenous Territory and Natural Reserve Isiboro the crime of femicide in the Penal Code, which Sécure (TIPNIS). This particular activity involved will be discussed in early 2012. the presence of human rights officers for 45 out u The National Council for Afro-Bolivian People of the 60 days of demonstration. (CONAFRO) was established in September 2011 and soon after became a member of the National Access to justice and basic services (EA 4) Committee against Racism and All Forms of u The Ministry of Education elaborated a Discrimination and the National Human Rights Plurinational Action Plan on Human Rights Council. OHCHR-Bolivia contributed to this result Education in a participatory manner. A technical through the organization of workshops and team was established, composed of the Ministry seminars and by providing financial and technical of Education, the Ministry of Justice, the support. Ombudsman and OHCHR-Bolivia. The team u In 2010, the Plurinational Legislative Assembly organized departmental consultations to elaborate adopted Law No. 025 on the Judicial Body, which a draft plan. Approximately 1,000 representatives modified the structure of the judiciary and of indigenous organizations, human rights and provided that the body of legislation concerning education non-governmental organizations the administration of justice must be amended in (NGOs), public and private educational line with the 2009 Constitution. To this end, institutions, police, armed forces and other civil various technical commissions began to work in servants participated in the consultations. A first 2011 on the reform of criminal, civil, labor, and draft of the plan was publicly presented at a agro-environmental laws and codes, among meeting in La Paz in December. others. In addition, the Office provided technical assistance to the Judicial Body for the Participation (EA 5) implementation of Law No. 025 and will continue u OHCHR-Bolivia contributed to enhancing the supporting the work of the technical legislative visibility of the rights of indigenous peoples commissions to finalize legislative reform through monitoring activities. The Office’s proposals in 2012. monitoring and advocacy activities contributed to u A number of cases regarding human rights the taking of office of two indigenous members violations and the fight against impunity, in the Department Legislative Assembly (DLA) of including, inter alia, the trials for violent racist Santa Cruz who had thus far been prevented incidents that occurred in Sucre and the massacre from doing so by the majority of the DLA. Both of El Porvenir, both in 2008, were followed up by members were elected through procedures that the Office. To this end, the Office attended more respected their traditions.
2 Femicide refers to an extreme form of gender-based violence; the intentional killing of women for being women.
OHCHR REPORT 2011 269 OHCHR IN THE FIELD: AMERICAS
State engagement with human rights Committee on Racism and Discrimination, in close mechanisms (EA 6) cooperation with the Vice-Ministry of u OHCHR-Bolivia elaborated a comprehensive Decolonization, paved the way for a participatory categorization of all the recommendations made assessment that led to the elaboration and by the international human rights mechanisms, adoption of a National Action Plan against Racism including those resulting from the Universal and All Forms of Discrimination. The Committee Periodic Review (UPR), to facilitate the on the Elimination of Racial Discrimination has identification of priorities by the Bolivian State recommended this action multiple times over the and civil society organizations. The Office made past 40 years. The participation of different sectors this tool available to the Ministry of Justice and from the public administration and civil society will provide support to the Ministry in its efforts organizations enriched the content of both the to prioritize and implement these assessment and the national action plan and also recommendations in 2012. legitimated the elaboration of a public policy against racism and all forms of discrimination. It Civil society engagement with human rights further allowed for the inclusion of a plurality of mechanisms (EA 7) State organs and civil society organizations with u OHCHR-Bolivia supported the Coalition of Women specific responsibilities in the National Committee. (comprised of 15 women’s organizations including Challenges in the coming years include the five NGO networks) in regional workshops held to implementation of a national public policy and gather information for the elaboration of an building the capacity to increase the visibility and alternative report to the Committee on the address the exclusion of Afro-Bolivians and other Elimination of Discrimination against Women vulnerable groups. (CEDAW). The workshops were held in all nine departments of Bolivia and each one gathered The implementation of UPR recommendations will closeto60participants.Thealternativereportwill be a main challenge in the coming years. Drawing be submitted to the CEDAW Committee after the from the lessons learned and following the State Party report has been submitted. revision of the UNDAF and its elaboration for 2013-2017, the Office decided to take a more Human rights mainstreaming within the United proactive role vis-à-vis the different actors that will Nations (EA 11) participate in the implementation process, u The 2013-2017 United Nations Development particularly the UNCT. To facilitate the Assistance Framework (UNDAF) incorporates a implementation process, the Office will also work human rights- and gender-based approach and with partners to prioritize and cluster the was signed with the Bolivian Government on 16 recommendations around key themes. January 2012 in the presence of the President. OHCHR-Bolivia actively participated in the Bolivia: Expenditure in 2011 meetings of the United Nations Country Team (UNCT) Inter-Agency Technical Group Regular budget Extrabudgetary responsible for the evaluation of the current expenditure expenditure in US$ in US$ UNDAF and the elaboration of the new one. u An inter-agency funding proposal was submitted Personnel and - 747,035 to the UN-Indigenous Peoples' Partnership related costs (UNIPP) to address the right to consultation and Consultants - 134,277 the extreme vulnerability of indigenous peoples’ Official travel - 70,363 rights. The proposal has been approved by UNIPP. OHCHR-Bolivia actively participated in Contractual services - 62,050 the UNCT’s Inter-Agency Group on Intercultural General operating - 74,005 Affairs by providing technical support and advice expenses
on indigenous peoples’ rights and participating in Supplies & materials - 9,209 the elaboration of the proposal. Seminars, grants & - 84,076 contributions
Challenges and lessons learned Subtotal - 1,181,015
Programme support - 153,532 One of the main results achieved in Bolivia was in costs relation to the fight against racism and GRAND TOTAL - 1,334,547 discrimination. The establishment of a National
270 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
The National Committee against Racism and All significant piece of legislation adopted by Colombia Forms of Discrimination was created in February to promote and protect the rights of victims of the 2011. Over 120 representatives from civil society, armed conflict. The current challenge is to ensure indigenous organizations, vulnerable groups and civil that its practical implementation corresponds with servants from various Ministries, departmental and the spirit of the law and will require a collective municipal authorities came together to discuss and effort to which OHCHR-Colombia should make a take decisions on the fight against discrimination. For contribution. On the other hand, land restitution the first time in the history of Bolivia, a plurinational processes for victims of land dispossession had the and intercultural body, chaired by the Vice-Ministry of unintended effect of increasing the threats to their Decolonization, became the main decision-making life and integrity. and deliberation body with regard to policies and programmes against racism and all forms of discrimination. The richness of the Committee comes Over the last 14 years, OHCHR-Colombia has made from its wide representation and the equal numerous widely recognized contributions in the participation of its members in the analytical and field of technical cooperation and legal advice. The decision-making processes. In 2011, amongst other Office’s impartial and respected position with the activities, the Committee’s members coordinated the Government and civil society has enabled it to elaboration of an assessment on the situation of facilitate and foster dialogue between them, racism and discrimination and, based on the particularly in relation to sensitive issues. The commitments undertaken by Bolivia during the Ministry of Defence accepted and used the Durban process, supervised the drafting of a plan of action. The Committee also mandated the international oversight mechanism provided by Vice-Ministry of Decolonization to establish a unit to OHCHR to monitor implementation of the Ministry’s deal with complaints on racism and all forms of measures designed to prevent extrajudicial discrimination. The Committee’s first year culminated executions and bring justice to identified cases. with the adoption of a plan of action and the initial OHCHR also contributed to the implementation of measures needed for its implementation. the National Plan on Human Rights Education OHCHR-Bolivia was involved throughout the process (PLANEDH). OHCHR facilitated a joint analysis of and worked side by side with the members of the the strengths and weaknesses of national human Committee and the Vice-Ministry of Decolonization. rights institutions (NHRIs) in order to identify gaps in The Office provided technical and financial support their protective role and strategies that will be before and during the sessions of the Committee and implemented in the coming biennium. The cooperated in the implementation of its decisions. cornerstone of the Office´s many achievements has been its capacity to monitor human rights violations and breaches of humanitarian law. These Colombia independent monitoring activities have resulted in the recognition of the positive role of the Office, Year established 1997 both nationally and internationally, and are Staff as of 31 December 2011 76 considered to have had an important impact on the protection of the population from human rights Expenditure in 2011 US$8,987,341 abuses. Since 2011, two satellite offices located in Villavicencio and Pasto strengthened the presence of Background the Office in the field. Monitoring activities are also conducted through four sub-offices that are located The year 2011 was marked by the adoption of in Bogota, Bucaramanga, Cali and Medellin. important measures to improve the human rights situation in Colombia, although important human Results rights challenges must still be overcome in key areas, such as security, justice, impunity, the fight against National laws, policies and institutions (EA 1) discrimination and poverty reduction. The u Target: Significant improvement of the level of Government’s efforts to strengthen the legal compliance of legislation and policy in framework included the adoption of the Victims’ and compliance with international human rights Land Restitution Law, which was signed by the standards in two areas (extrajudicial executions President of Colombia in the presence of the and intelligence). Secretary-General in June. The Law placed the rights During 2011, OHCHR continued working with of victims at the centre of public policy and the Ministry of Defence on the implementation of incorporated provisions for undertaking an the 15 measures adopted in 2008 to prevent ambitious programme of reparation and restitution extrajudicial executions and other gross human for stolen lands. The Victims´ Law is the most rights violations, including through regular
OHCHR REPORT 2011 271 OHCHR IN THE FIELD: AMERICAS © EPA/Mauricio Duenas
The Colombian President signs the Victims' and Land Restitution Law in the presence of Secretary-General Ban Ki-moon, June 2011.
monitoring of their implementation at operational preparation of initial documentation, planning of level. The police authorities requested that field activities and the identification of OHCHR replicate this innovative project and methodologies for the collection of inputs. It is methodology to strengthen their capacity to anticipated that the Government will consider prevent human rights violations in line with its these elements when developing legislative and human rights policies, including through public policy measures on informed prior strengthening command and control in police consultation. Throughout 2011, a number of operations and activities. The project began in activities, including exploratory missions and field June 2011 with meetings with senior authorities at participatory processes, took place in 14 of the the national and regional levels who country’s 32 departments and included the demonstrated their commitment to prioritizing participation of more than 700 people, prevention based on OHCHR's advice and representing approximately 50 indigenous and technical assistance. OHCHR provided technical Afro-Colombian communities. As a result of the advice to different State institutions and field participatory processes undertaken, it was contributed to several legislative and policy decided that subregional documents should be changes in the intelligence sector. For instance, elaborated to serve as guidelines for duty-bearers new legislation on intelligence was adopted by and rights-holders and supplement the originally Congress in June and included OHCHR’s planned national document that will be the main suggestions on compliance with international output of this project. standards. Through this Law, a new intelligence u Target: Significant improvement of the level of institution was created with new democratic compliance of policy with international human control mechanisms in line with OHCHR’s advice. rights standards in one policy area, i.e., human u Target not achievable within the biennium: Public rights education. policy on previous, free and informed consultation The Government of Colombia, through the with indigenous peoples and Afro-descendent Ministry of Education, initiated the implementation communities implemented in compliance with of PLANEDH in 25 municipalities. OHCHR international human rights standards. contributed to this process by providing spaces for During 2011, the Office contributed to the dialogue, developing materials for supporting staff establishment and functioning of a national training to include the formal inclusion of technical assistance committee composed of PLANEDH in schools workplans and advocating representatives from indigenous and for positioning the Plan in local public agendas. In Afro-Colombian organizations, universities, UN addition, the National Human Rights Conference, organizations and the Ombudsman’s Office. which is setting the ground for the development of Regional committees were also established in five a human rights national policy, included OHCHR's cities. The committee played a leading role in the methodological suggestions, particularly regarding
272 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
the need to develop regional preparatory forums OHCHR-Colombia facilitated contacts and that ensure wider participation by local civil meetings between women’s NGOs and the society representatives. Thanks to OHCHR's Attorney General’s Office. advocacy, this participation was evidenced in the On children’s rights, OHCHR-Colombia provided preparation process of the National Conference. comments on a draft law that proposes to OHCHR facilitated the development of a pilot increase imprisonment terms for the crime of workshop to test the proposed methodologies and child recruitment. The draft is currently under make relevant adjustments. As a result of this consideration by Congress. workshop, members of the Committee agreed In 2011, the Office contributed to policy changes on upon a results systematization tool that was enforced disappearances through, inter alia: the designed with the support of OHCHR. facilitation of a participatory mechanism to regulate u Target: Significant improvement in the compliance the law to pay homage to victims of enforced of legislation/policy with international human disappearances (Law 1408); support for discussions rights standards in relation to victims’ rights, in Congress on a draft law on issues related to including sexual violence against women, children enforced disappearances and declaration of in armed conflict and enforced disappearances. absence; and contribution to the follow-up report In June 2011, a law on victims’ rights and land on the Colombian situation by the UN Working restitution was adopted. Its final text includes a Group on Enforced or Involuntary Disappearances. number of recommendations from u Target: Significant improvement in compliance OHCHR-Colombia to ensure compliance with with international human rights standards by the international principles and standards. The Attorney General’s Office in the elaboration of suggestions were primarily related to the investigative strategies in the areas of torture, principle of non-discrimination, the integration of enforced disappearances and children in armed a human rights-based approach, protection, conflict. access to justice and a comprehensive concept of The new Attorney General took office in January reparation measures, including land restitution. 2011. OHCHR-Colombia immediately began to Advocacy activities included numerous meetings establish dialogue with the new administration to and written communications with Congress identify potential areas for cooperation. members, Government authorities and u Target: Significant improvement in compliance non-governmental organizations (NGOs), with international human rights standards by the participation in public hearings of Congress, open Supreme Court in relation to judicial proceedings discussions with relevant stakeholders and press on alleged links between paramilitary releases. Following the adoption of the Law, organizations and politicians. OHCHR-Colombia contributed with an analysis of During 2011, there was an increase in the public its benefits and gaps. This analysis fed into the and political awareness of the need to fully UN’s position on the matter (included in the 2011 comply with the right to appeal in these types of Human Development Report) and contributed to proceedings. As a result, in the legislative a better understanding of this important piece of governmental proposal to reform justice, this legislation among the international community, civil society and the public-at-large. In July 2011, OHCHR-Colombia provided comments and advice to the Ministry of Defence on a proposed modification to their guidelines to prevent and address sexual violence within the armed forces. Although the proposed changes have not yet been accepted, OHCHR-Colombia continues to advocate for the adoption and enforcement of a zero-tolerance policy on sexual violence by members of the security forces. Throughout 2011, OHCHR-Colombia continued to participate in the NGO working group established by the Constitutional Court in 2008 to follow up on judicial investigations of allegations of sexual violence submitted to the Attorney General’s Office. Partially in response to the request of NGOs, the Attorney General took
positive steps to promote progress in these cases. © OHCHR/Colombia
OHCHR REPORT 2011 273 OHCHR IN THE FIELD: AMERICAS
issue has been included and is under consideration Participation (EA 5) by Congress. Since the Supreme Court began these u Target not achievable within the biennium: proceedings, OHCHR-Colombia has consistently Rights-holders, particularly women and groups at advocated for the strengthening of due process, risk, increasingly use existing national protection including, in particular, by introducing the right to systems and monitor the recommendations of appeal. OHCHR continues to advocate for the full international human rights mechanisms. compliance of other international standards relating During 2011, OHCHR continuously advocated for to, inter alia, pre-trial detention and evidence the need to incorporate international human consideration. This result has yet to be achieved. rights standards in the implementation of u Result achieved for which no target was set: effective protection measures that include a Thanks to the monitoring activities undertaken by differential approach for especially vulnerable the Medellin field office, OHCHR was able to groups that are subject to the State's protection make visible and document cases of ill-treatment measures. OHCHR's statements were reflected in and torture committed by the police in Medellin. the adopted Decree 3375 which included the As a result of OHCHR’s monitoring activities and issue of differential approach in the recommendations, the police implemented a implementation of protection measures. Similarly, sanction and accountability mechanism for Police the Government of Colombia adopted Decree Station Commanders to prevent ill-treatment and 4065 on the creation of the National Protection torture committed by their subordinates or Unit, which will undertake most of the different omissions in the exercise of their duties. protection schemes under one institution of the u Result achieved for which no target was set: Colombian State. OHCHR-Colombia undertook a total of 298 missions (some of which were undertaken Challenges and lessons learned simultaneously). This represented a total of 946 days in the field, of which 163 related to Through a community-based participatory process, human rights follow-up and monitoring missions, rights-holders (i.e., indigenous peoples and representing 556 days in the field. Afro-Colombian communities) contributed to the identification of appropriate procedures that respect
Defending human rights defenders
“OHCHR Colombia has made the OHCHR contacted authorities in lack of evidence or after the difference between life and death for Bogota and Santander to follow-up individuals had been found innocent some human rights defenders,” said on my case and requested of the charges against them. Since Ana María Díaz, a Colombian observance of due process. “The being freed, these human rights human rights defender, during a Office knew of my work. It was defenders have faced continued forum organized by OHCHR in because of the Office´s persistence threats and stigmatization. Colombia to discuss the role of and high-level follow-up with According to the governmental human rights defenders, as well as authorities that I got out of jail after programme entitled “We are the challenges they currently face. two days. Since then, the Office has defenders,” 1,327 cases of OHCHR´s role has not only been to closely monitored the legal documented aggressions against constantly accompany them, but proceedings against me and that defenders occurred between 2002 also to maintain a fluid dialogue has ensured the respect of my and the first quarter of 2011. In with Colombian State authorities to rights,” explained Carolina Rubio. 2010, 18 per cent of attacks were improve protection policies and murders, especially against mechanisms and increase their According to OHCHR, arbitrary indigenous leaders and leaders possibilities to continue with their detention and prosecution of human claiming stolen lands; 75 per cent valuable work. rights defenders in Colombia of victims were men and 25 per continue to be matters of concern cent were women. Threats “I have been a human rights because they are solely based on constituted the most generalized defender for 10 years, advocating uncontested statements from form of aggression and represent for the rights of political prisoners. informants, demobilized combatants 61 per cent of attacks against In 2005, I received the first death from illegal armed groups or military defenders, followed by arbitrary threats because of my work and intelligence reports. In 2012, in detentions that represent 6 per cent then I was prosecuted and detained Arauca, absolutory sentences were of attacks. Bogota is the city with in a jail during pregnancy,” said handed down in favour of human the highest number of attacks Carolina Rubio, human rights rights defenders that had been against defenders, followed by defender. “I was eight-months detained for more than two years. Cauca, Santander, Valle del Cauca, pregnant when I was arrested.” The decisions were reached due to Quindío and Meta.
274 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Colombia advances towards a Human Rights Education Plan
“He was walking through the hot application of human rights in Colombia (Bolívar, Boyaca, Choco, dusty roads of Carmen de Bolivar. education and schools has many Córdoba, Guaviare, Huila, Meta, Many more arrived with him from approaches; one of them is to Nariño, Santander and Valle) have Salado and Macayepo, but an absent guarantee that girls have access to been working towards this goal. The look projecting distant and sombre the same educational opportunities national human rights education memories differentiated him from the as boys, which is only achievable if plan establishes opportunities for others. Those who knew him from Colombia designs and implements the realization of quality education before admired him for being a public policies that integrate a and includes non-discrimination teacher, a good community leader human rights-based approach. guarantees for women, indigenous and even a writer’s apprentice. peoples, Afro–Colombians and the Amidst anguish and hardships, he OHCHR Colombia has been disabled, among other vulnerable was just another displaced person supporting the Colombian State in groups. For OHCHR, human rights who sought refuge from violence. He developing a public policy on human education is founded on three had left behind the house he had rights education, through the aspects: knowledge, value formation built thanks to efforts and sacrifices delivery of technical assistance to and attitude-building. These three over many years, the place where he the Ministry of Education, the elements are the basis for the hadburiedhisdeadones,thesad Ombudsman’s Office and the Vice enhancement of empowered citizens farewell from his students and his President’s Office. Following the and rights-holders. The advances plans to expand the school with a approval of the Human Rights achieved thus far must be built garden in which hope could grow Education Plan (PLANEDH), these upon. The National Council for the green again…” said Manuel Restrepo institutions created a National Human Rights Education Plan will Yusti, Colombian human rights Council for the Human Rights have a short-term role in developing education and pedagogy specialist. Education Plan, which will function a public policy that contributes to as the State institution in charge of fostering equality from early Teachers in Colombia not only face overseeing the operational plan that childhood and will help ensure that the consequences of the internal will in turn facilitate the formal and informal education armed conflict, they also face the implementation of public policy. brings knowledge and human rights consequences of a limited Several public officers and teachers application to all Colombians. realization of human rights. The from at least 10 departments of
the right to consultations in order to obtain their restitution is a key opportunity to build up an prior, informed and free consent. The Office has holistic strategy for development, which includes emphasized that expert advice should be practically strengthening income-generating programmes to reflected and inform the political and legal ensure a sustainable and dignified standard of living frameworks, bearing in mind the interests, positions for victims. and ideas of diverse peoples and communities. Colombia: Expenditure in 2011 OHCHR faces an important challenge in the coming Regular budget Extrabudgetary years with regard to the implementation of the expenditure expenditure Victims’ Law and the protection of those seeking in US$ in US$ land restitution. OHCHR will strive to position itself Personnel and - 5,267,158 in a way that allows adding value while ensuring the related costs observance of human rights throughout the process. Consultants - 692,279 The Office and the United Nations Country Team Official travel - 328,137 (UNCT) in Colombia are committed to assisting Contractual services - 258,650 authorities and civil society, in particular, victims and General operating - 621,001 their organizations, to ensure that the rights of expenses victims are fully realized. The Secretary-General Supplies & materials - 468,250 stated that “a good law is not enough; it needs to have a real transforming effect on the ground.” Thus, Seminars, grants & - 317,925 contributions the participation of victims in the implementation of legal provisions, the adequate and coordinated Subtotal - 7,953,400 execution of responsibilities by competent State Programme support - 1,033,941 entities and the protection for all actors involved will costs be of paramount importance. The issue of land GRAND TOTAL - 8,987,341
OHCHR REPORT 2011 275 OHCHR IN THE FIELD: AMERICAS
Guatemala supported civil society organizations working to promote transitional justice and the eradication of Year established 2005 violence against women, delivered training sessions Staff as of 31 December 2011 29 to the judiciary and the General Attorney’s Office and promoted the justiciability of indigenous and Expenditure in 2011 US$3,319,644 economic, social and cultural rights.
Background Results
Notable progress was made in criminal investigations National laws, policies and institutions (EA 1) and prosecution of emblematic cases, including as a u Target: Significant improvement in compliance result of better coordination between the General with international human rights standards of two Attorney’s Office and the Ministry of the Interior. institutions, namely, the judiciary and the There is, however, a pending agenda of urgent General Attorney’s Office, in relation to handling actions to address important, long-standing gaps in human rights violations, especially regarding the enjoyment of human rights in Guatemala, such discrimination against indigenous peoples and as reducing high levels of insecurity and poverty, the independence of judges and prosecutors. widespread impunity, combating malnutrition and Significant progress was observed in the General eradicating violence against women and Attorney's Office with the adoption of internal discrimination against indigenous peoples. Violence regulations on strategic investigation and and insecurity affect the daily lives of Guatemala’s prosecution, particularly in cases related to the population and generate an atmosphere of mistrust, internal armed conflict. The General Attorney also social dissatisfaction and fear. Due to its geographic promoted in Congress the reform of the Statutory situation, as well as corruption and the absence of Law of her Office to ensure greater compliance State institutions in some departments, Guatemala with international standards, primarily with regard has become a base for illegal operations by regional to professional careers. The law is pending drug cartels. In addition, some inherited patterns of approval in Congress. OHCHR provided technical violence have yet to be overcome. Necessary assistance to the General Attorney's Office in reforms of the justice sector to combat impunity these and other activities. have not been implemented. The situation of The Constitutional Court incorporated indigenous peoples epitomizes the structural international human rights standards in some of patterns of racism and discrimination that persist in its policies and decisions, including in relation to Guatemala. Emerging social conflicts related to the cases of torture and violence against women and demand for certain rights, such as the right to land those related to indigenous peoples, such as the and territory, environmental rights and the right to right to consultation. The Office contributed to participate in decisions affecting indigenous peoples, this result by disseminating material on have not been dealt with by the State through international standards on key human rights effective mechanisms. Existing mechanisms do not cases, capacity-building activities and sustained target the root causes of these conflicts, nor do they advocacy. The Supreme Court of Justice operate with a multicultural perspective. In this incorporated elements of international human context, human rights defenders are frequently rights standards in an initiative to reform the subjected to attacks, intimidation, harassment and judicial career, as advocated by the Office, but death, as a result of their work. some gaps remain regarding the independence of the judiciary. In September 2011, the presence of u Target: Significant improvement in compliance OHCHR-Guatemala was extended for its third with international human rights standards of four three-year period. In compliance with its mandate, institutions, namely the Commission on OHCHR-Guatemala intensified its monitoring Discrimination and Racism, the Office for the activities at the local level. Through press releases, Defence of Indigenous Women, the Presidential opinion pieces, public events and interviews, the Secretariat for Women and the National Council Office promoted public debates on key human for the Attention to Persons with Disabilities rights-related topics. OHCHR-Guatemala continued (CONADI), in relation to the use of human rights to provide technical assistance on a variety of issues standards and indicators to plan, implement and to authorities of the Government, Congress and the monitor their public policies. Judicial and Constitutional Courts, as well as other Significant improvement was observed in the stakeholders. In particular, the Office provided Commission on Discrimination and Racism assistance on a number of legislative initiatives, (CODISRA) and the Office for the Defence of
276 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Indigenous Women (DEMI) related to the assistance on the methodology of preparing investigation of cases involving racism and periodic reports to the Committee. These efforts discriminatory practices. Following technical facilitated the preparation by SEPREM of the assistance provided by OHCHR to staff of both periodic report that Guatemala must submit by institutions, there was an increase in the cases July 2012. dealt with by those institutions and an The National Council for the Attention to Persons improvement in the use of international human with Disabilities is in the process of consolidating rights standards in the analysis and follow-up of and implementing its mandate and has indicated cases. In an emblematic case dealt with by DEMI, its commitment to applying human rights the Constitutional Court handed down a positive standards in practice. The Office organized a decision in November 2011 in favour of three number of training sessions addressed to staff of imprisoned indigenous Mayan women who were CONADI and non-governmental organizations granted the possibility of having an interpreter in (NGOs) on how to implement the Convention on their language. In addition, the database the Rights of Persons with Disabilities. Following established by the Office, which includes these activities, NGOs presented their inputs to information on all complaints received by those CONADI for the preparation of the report to the institutions, has facilitated the monitoring and Committee on the Rights of Persons with follow-up of these cases. Disabilities. The Presidential Secretariat for Women (SEPREM) u Target: Key teaching units from the judiciary and increased the awareness and knowledge of the the General Attorney’s Office have basic integration of international human rights knowledge and capacity to implement human standards in its workplan, reports and design of rights standards. public policies. OHCHR-Guatemala participated The Training Unit of the General Attorney’s in a working group established by SEPREM on Office has progressively incorporated the the elaboration of the follow-up report to the contents of the trainings in its curriculum, Committee on the Elimination of Discrimination although a systematic institutional approach has against Women (CEDAW) and provided technical yet to be adopted. The Office provided trainings © OHCHR/Guatemala
OHCHR presents its recommendations to the Guatemalan Congress regarding a legislative initiative for constitutional reform on security and justice.
OHCHR REPORT 2011 277 OHCHR IN THE FIELD: AMERICAS
to the Human Rights Unit which contributed to order to ensure that initiatives and legal reforms improving the quality of allegations and were in conformity with international standards. investigations related to human rights violations The Office developed and presented analytical committed during the internal armed conflict. The documents to Congress on constitutional reform, Office also worked in coordination with the particularly related to the judicial career. Training Unit of the General Attorney’s Office to Legal reforms in the area of security were not plan and implement a human rights training approved. In 2011, the Office coordinated with programme for the Amparos Unit, which will civil society organizations and the Presidential continue in 2012. Notable progress was made in Commission for Human Rights (COPREDEH) to 2011 by the General Attorney’s Office, through promote the election of members to the National the Human Rights Unit, in investigating and Torture Preventive Mechanism. The Office prosecuting those responsible for serious human expressed its grave concern to relevant rights violations committed during the internal authorities of Congress about the selection armed conflict. process which was not in compliance with The Constitutional Justice Institute, created in international standards. 2010, has progressively assumed the capacity- u Result achieved for which no target was set: building programme led by OHCHR for their OHCHR-Guatemala conducted 52 field missions clerical assistants and magistrates, which serves as to monitor the human rights situation throughout the only systematic and consistent training the country. The findings of the missions helped programme. Following the technical assistance to inform concerned duty-bearers of the need to provided by the Office, key judicial decisions, undertake appropriate measures to provide particularly those handed down by the redress for a number of situations and ensure Constitutional Court, have reversed previous access to justice for affected rights-holders. precedents on topics such as illegal adoptions and the rights of indigenous peoples, in line with Access to justice and basic services (EA 4) international standards. u Target: Legislation and policies are in place to u Target not achievable within the biennium: By ensure access to justice by indigenous peoples to a 2011, a human rights-based approach and reasonable extent. human rights standards have begun to be As a result of OHCHR’s training programme for incorporated into policies and programmes legal clerks of the Constitutional Court, the Court related to food and health, particularly for adopted several decisions (precedents in case law) indigenous peoples. incorporating and applying international standards, The Office assisted national stakeholders and civil particularly with regard to indigenous rights. One society organizations in their claims on policy of the Constitutional Court's sentences included an changes in areas such as sexual and reproductive explicit reference to the 2008 OHCHR report on health and food security. With the support of the access to justice for indigenous peoples. Office, key women’s organizations promoted the incorporation of human rights standards on Participation (EA 5) sexual and reproductive health into a resolution u Target: High use of national protection systems by issued by the Ombudsman that contravened key NGOs, especially indigenous organizations, in human rights standards. In accordance with relation to indigenous rights. recommendations from the Office and special In the context of the Maya Programme, within rapporteurs, the Government increased its social which the Office provided capacity-building and spending between 2009 and 2011 and presented training to key indigenous organizations involved proposals to Congress to institutionalize the Cash in strategic litigation, there was an increase in the Transfer Programme. number of strategic cases brought before the u Target: Significant improvement in compliance of national justice system. In 2011, 10 of the 11 legislation with international human rights organizations included in the first phase of the standards in two areas, namely justice and security. programme presented emblematic cases before In 2011, due to the electoral process, no progress the national justice system. For instance, an was made in relation to the legislative agenda. indigenous organization sought an injunction Despite the fact that initiatives on the legal reform (amparo) before the Constitutional Court against of key issues in the area of justice were the General Law of Communications alleging that considered by Congress, none of them were it limited the freedom of expression of approved. The Office continued to provide indigenous peoples. The case was admitted and advice and technical assistance to Congress is now pending final resolution by the Court. In through various committees and roundtables in another emblematic case, a number of
278 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
indigenous organizations sought an injunction concerning the right to food in line with before the Constitutional Court in relation to the international standards. Government’s attempt to establish an initiative that would regulate the right of indigenous OHCHR-Guatemala provided technical assistance to peoples to consultation. The Court decided to women’s organizations which incorporated grant the injunction and definitively suspend the international human rights standards in their legal process as it limited the scope of the right to claims. These organizations obtained positive consultation established in ILO Convention No. decisions, such as one issued by the local tribunal in 169. The judgment also called on the President to Salama on a case of femicide which condemned the redirect the initiative. killing of two indigenous women.
Following OHCHR’s provision of technical assistance Challenges and lessons learned to key civil society organizations, five legal claims were filed against the State for the violation of the Following the 2011 presidential, local and right to food and admitted by the Zacapa Court. The congressional elections, new authorities will take aim of these cases is to establish jurisprudence office in early 2012. OHCHR-Guatemala will emphasize the importance of placing human rights Claiming the right to food promotion and protection at the top of their agendas in the coming four years. Furthermore, one of the For the first time, individual claims against Guatemala main priorities of the newly elected Government is were initiated by Ch’orti Maya families in the to address the situation of insecurity in Guatemala. municipality of Camotán, department of Chiquimula, The Office will face the challenge of ensuring that for the violation of the right to food. The cases were human rights are incorporated as a core element of submitted to the Children’s Court located in the security policies and actions adopted by State department of Zacapa and admitted on 7 December institutions. OHCHR-Guatemala will stress the need 2011. “Many families have never seen any for the preparation and adoption of comprehensive representative of the State. For many, the State is and strategic policies for preventing and combating totally absent. Moreover, the State does not know who crime and violence that are also in compliance with the families are or where they live. When children reach the hospital, the public health system does not human rights standards. have the ability to solve their problem," said the lawyer of the families, Jaime Tecú. The country’s The judiciary continues to face the challenge of nutritional situation is geographically and ethnically overcoming discriminatory practices in cases of inequitable. The Ch’orti linguistic community presents violence against women, particularly when it comes the highest rates of chronic child malnutrition of the to indigenous women. To face this challenge, country (80.7 per cent). The number of victims who OHCHR-Guatemala provided technical assistance to file legal claims to protect their economic, social and local women’s organizations networks in bringing to cultural rights is extremely low. Therefore, these cases justice cases of violence against women. represent an unprecedented opportunity on the road towards full and equal rights for all in Guatemala. The lawsuits were initiated by NGOs working under the Guatemala: Expenditure in 2011 campaign, “Guatemala without Hunger,” which has Regular budget Extrabudgetary been working with the communities of the families to expenditure expenditure promote the justiciability of the right to food. The in US$ in US$ strategic litigation sought to establish jurisprudence in Personnel and - 1,959,502 line with international standards concerning the right related costs to food. It also called upon the Government to Consultants - 159,117 immediately respect its human rights obligations, Official travel - 112,114 particularly with regard to the right to food of Contractual services - (16,520) indigenous children. OHCHR-Guatemala has advised on alternatives for dealing with this issue, including General operating - 424,487 expenses by: monitoring the justice system and providing technical assistance to both civil society organizations Supplies & materials - 46,703 and the judicial system through capacity-building Seminars, grants & - 252,334 activities related to economic, social and cultural contributions rights standards and their justiciability; coordinated Subtotal - 2,937,737 meetings and developed strategic joint actions with Programme support 381,907 UN counterparts, such as UNICEF and the Food and costs Agricultural Organization of the United Nations. GRAND TOTAL - 3,319,644
OHCHR REPORT 2011 279 OHCHR IN THE FIELD: AMERICAS
Mexico of civil society and academia to collaborate on issues of common concern. The expected impact of the Year established 2002 reform is the strengthening of Mexican authorities’ Staff as of 31 December 2011 26 understanding and compliance with recommendations made by international human Expenditure in 2011 US$2,513,945 rights bodies and mechanisms so as to increase human rights protection in the country. Background Results Mexico’s new legal framework, enacted through the 2011 Constitutional Reform on human rights, National laws, policies and institutions (EA 1) represents outstanding progress towards the u Target: Significant improvement in compliance of harmonization of Mexican law and international legislation with international human rights standards. In addition, the federal judiciary has taken standards in one area, namely the Federal increasingly progressive stances on a number of key Constitution. human rights-related issues. Mexico’s most pressing On 11 June 2011, a constitutional reform which human rights challenges continue to be intertwined amended 11 articles of the Constitution entered with the escalating violence between various into force. The reform provides for the improved criminal groups that are disputing their territorial integration and protection of human rights, boundaries and the ensuing Government responses, according constitutional status to all rights which includes the use of the military in public enshrined in the international human rights treaties security actions and arraigo (40-day pre-charge to which Mexico is party. Among other detention). The strategies employed by the amendments, the reform establishes greater authorities have been accompanied by an increase in restrictions on the declaration of a state of human rights violations attributed to the security emergency; elevates the right to asylum to forces and take place in the absence of strong constitutional status; provides foreign citizens with civilian control and accountability mechanisms. the right to a hearing prior to deportation; Efforts to reform civilian police bodies have been strengthens the role of the human rights impeded by weak local coordination measures, Ombudsman; calls for educational and penitentiary different degrees of political wrangling and alleged systems to include human rights principles and corruption. Prevailing impunity and the weaknesses practices and strengthens constitutional procedural of the justice system have contributed to an increase protection for human rights. Other important in social discontent and exhaustion. In this context, constitutional amendments that entered into force victims’ movements have adopted a more vocal and in 2011 include the overhaul of amparo prominent role in calling for the revision of policies (injunction) to extend its reach to the protection of and actions related to security. Human rights all human rights enshrined in international human defenders and journalists are often among the most rights instruments; and the enshrinement of the visible critics of the approach of authorities, as well rights to food and water. OHCHR-Mexico’s as of the activities of organized crime, which contribution to this result began in December 2006 increases their vulnerability. Access to justice for when it signed a collaboration agreement with the marginalized groups is a gap that has yet to be filled. Federal Congress to develop a series of activities In 2011, these issues were played out against a designed to encourage discussion of constitutional backdrop of preparations for the presidential and reforms related to human rights. OHCHR-Mexico congressional elections scheduled for July 2012. The also facilitated a broad dialogue between electoral process, including the transition to the new academics, human rights experts and administration, may affect the ability of the current non-governmental organizations (NGOs) which authorities to fully comply with their commitments in resulted in the publication of a “Comprehensive the field of human rights. During this time, a number Proposal for Constitutional Human Rights Reform” of states will elect new governors. in February 2008. The document included progressive proposals to integrate the body of OHCHR-Mexico played a positive role in actively international human rights law into Mexico´s contributing to the constitutional reform approval Constitution. Since 2008, OHCHR has undertaken process. In order to establish a strong human rights a series of advocacy activities, including press legal framework, initiatives and activities were conferences, press releases and private dialogue developed over several years that promoted with Members of Congress and Government consensus and advocacy within the Congress of the officials to build consensus for approval of the Union and local congresses and built the capacities amendments.
280 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
u Target: Significant improvement in compliance Mexican State undertook responsibility for of federal legislation with international human adhering to 111 indicators related to combating rights standards in five areas, namely: freedom violence against women. of expression, rights of indigenous peoples, u Target: Two human rights institutions work migrants’ rights, human rights defenders and significantly in conformity with international enforced disappearances. standards in relation to the incorporation of In May 2011, the new Immigration Act, which international human rights standards in their takes into account various recommendations work on the situation of human rights defenders. issued by UN human rights mechanisms, entered Three human rights institutions worked in into force and established the protection of the conformity with international standards in their rights of all migrants regardless of their activities related to human rights defenders. In immigration status. OHCHR-Mexico closely October 2011, the Federal Ombudsman was followed the drafting process and facilitated re-accredited with “A” status by the International access of UNHCR so that it could provide Coordinating Committee of National Institutions technical input and guidance. for the Promotion and Protection of Human By the end of 2011, Congress approved the Rights (ICC). In addition, some state-level abolition of libel and slander as crimes. The human rights institutions expressed their interest corresponding law has yet to be promulgated. in participating in a similar process. OHCHR On the request of Congress, OHCHR provided facilitated the process of information-sharing technical input and guidance for the drafting of between national institutions and the ICC. the bill. u Result achieved for which no target was set: u Target: Significant improvement in compliance OHCHR-Mexico conducted 64 field missions in of state legislation with international human 18 states, which represented 190 days in the rights standards in one area (personal integrity). field. Three Mexican states have begun discussing the drafting of legislation on enforced Access to justice and basic services (EA 4) disappearances. OHCHR-Mexico followed the u Target: Specific policies are in place to enhance drafting process, alongside Members of Congress access to justice for indigenous peoples in and civil society, providing technical input and relation to the provision of legal assistance in guidance in accordance with good practices indigenous languages through, or by means of, communicated by the UN Working Group on the official establishment of a national roster of Enforced or Involuntary Disappearances, which interpreters. visited Mexico in March 2011. OHCHR-Mexico provided technical advice in u Target: Significant improvement in compliance cases related to access to justice by indigenous with international human rights standards of the peoples. The Office’s monitoring and advocacy MexicoCityHumanRightsPlanasaresultofthe activities based on international human rights development of indicators. standards led to the release of a Mayan woman The Mexico City Governmental Mechanism was who had been unfairly detained for over three established to implement and evaluate the local years. These activities also led to a watershed human rights programme. OHCHR-Mexico judgment issued by the Electoral Tribunal of the collaborated with the Mexico City Government Federal Judiciary that integrated international in the earliest stages of its design. Substantive human rights standards and ordered a progress was also achieved in relation to the community-based public consultation for the elaboration of two new human rights assessment election of their own authorities. OHCHR processes in Oaxaca and Baja, California. In continued to monitor and advocate for the cases Oaxaca, OHCHR maintained regular contact of other individuals, including the arbitrary with 90 civil society organizations from five detention of two indigenous Nahua human regions and six academic institutions to rights defenders in Atla, Puebla. They remain in disseminate the Office’s methodology for the prison while the case is pending resolution. elaboration of human rights assessments. In Baja, California, OHCHR contributed to the State engagement with human rights assessment process by providing the operational mechanisms (EA 6) guidelines for the Coordinating Committee, u Result achieved for which no target was set: To organizing capacity-building activities with its support efforts to implement recommendations members and promoting the open participation issued by international human rights of civil society organizations in the process. In mechanisms, OHCHR, the Foreign Ministry and adopting OHCHR’s framework on indicators, the a university jointly launched an online search
OHCHR REPORT 2011 281 OHCHR IN THE FIELD: AMERICAS
tool (http://recomendacionesdh.mx/) which Discrimination (CERD). In terms of engagement contains 1,496 human rights recommendations with special procedures mandate-holders, issued by international special procedures, 13 documents were submitted to the Working quasi-judicial bodies and human rights courts in Group on Enforced and Involuntary relation to Mexico. Disappearances (two of which were submitted by national human rights institutions) and two Civil society engagement with human rights others were submitted to the Special mechanisms (EA 7) Rapporteur on the right to food. To contribute u Target: Three shadow reports submitted, namely to to these results, OHCHR supported the visit of the Human Rights Committee, the Committee on a number of mechanisms to Mexico; the Elimination of Discrimination against Women coordinated the participation of civil society (CEDAW) and the Committee on the Rights of organizations during these visits; followed up Persons with Disabilities (CRPD), and 14 on the outcomes of the missions; facilitated a substantive documents submitted to special series of meetings to support the effort of a procedures. coalition of NGOs in the preparation of two Civil society organizations submitted two joint reports to CRPD; and provided training to documents to CRPD and three to CEDAW, people of African descent in Mexico which, while one individual submitted a document to inter alia, resulted in the submission of a the Committee on the Elimination of Racial document to the CERD Committee.
“Declare Yourself a Defender” campaign
During her visit to Mexico in July, dedicated to human rights in unheard of for other OHCHR videos. the High Commissioner launched Oaxaca. The distribution of The website exceeded the 90,000 the 'Declare Yourself a Defender' promotional materials, such as visitor limit and the video was campaign. Eight hundred people cards, posters and information on shared on social networking sites attended the launch - 150 of whom human rights defenders helped to such as Facebook, Twitter and were media representatives - while increase awareness. As part of a YouTube. The campaign hashtag on an additional 400 people followed strategy to internationalize the Twitter became a trending topic in the events on Livestream. campaign, the website Mexico during the week of the Advertising for the campaign Yomedeclaro.org was translated into launch thanks to the efforts of a appeared in 45 different eight languages to promote the team of dedicated human rights newspapers and magazines and message that anyone can be a enthusiasts. OHCHR-Mexico 12 civil society organizations carried defender of human rights. The video became the first office and UN a link on their websites. “Declarate,” the main product of the agency in 2011 to carry out a OHCHR-Mexico believed it was campaign, has had more than campaign using social networking crucial to form alliances with public 340,000 views, a figure previously sites as its main promotional tools. figures, such as Saul Hernández (singer, songwriter and guitarist for Caifanes, one of Mexico's most iconic rock bands), Lydia Cacho (one of the most recognized journalists in Mexico), Cecilia Suárez (a Mexican actress who has shown an impressive commitment to social causes over the last 10 years) and Javier Solórzano (one of the most reputable journalists in Mexico). In order to strengthen the campaign, a wide range of promotional activities were organized throughout the year. These included presentations at universities, organizations, public events in Mexico City’s main square, a human rights fair, the International Book Fair in
Guadalajara and a cultural evening © OHCHR/Mexico
282 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Challenges and lessons learned Mexico: Expenditure in 2011 Regular budget Extrabudgetary Full implementation of the 2011 Constitutional expenditure expenditure in US$ in US$ Reform on human rights requires a complete Personnel and - 1,469,201 overhaul of various frameworks within the related costs Executive, Judicial and Legislative branches. It is Consultants - 119,505 also essential for public servants to assume ownership over the implementation process in line Official travel - 204,960 with international standards. The reform process Contractual services - 119,317 requires the approval within one year of secondary General operating - 173,805 legislation on a number of issues. The general expenses election of 2012 will renew the whole Federal Supplies & materials - 52,299 Congress (as Members of Congress are not eligible Seminars, grants & - 85,643 contributions for re-election) and therefore threatens to undermine the success of these legislative Subtotal - 2,224,730 amendments and the ability of OHCHR-Mexico to Programme support - 289,215 costs fulfil its planned objectives for 2012. GRAND TOTAL - 2,513,945 In the context of violence and insecurity, there is no visible change regarding the military’s role in public security actions. In fact, there are an increasing number of allegations of human rights violations attributed to military personnel. Regional Offices According to Mexico’s National Human Rights Commission (CNDH), 32.6 per cent of its 2011 recommendations were directed at the armed Regional Office for Central America forces. The Office is facing new challenges in (Panama City, Panama) relation to military forces due to, inter alia, major security challenges, pressure for results, the fight Year established 2007 against drug trafficking and new modalities of Staff as of 31 December 2011 11 operations, the involvement of military units in Expenditure in 2011 US$810,467 security issues and the absence or weakness of internal control mechanisms. In addressing this challenge in accordance with the required respect Background for human rights, the Office has adopted a tailored strategy which includes the monitoring of cases, the provision of advice to authorities and cooperation In Central America, the recovery from the negative with State institutions. In July 2011, the Office impact of the global economic and financial crisis signed an agreement with the Ministry of Defence. remained fragile in 2011. Despite positive The challenge for 2012 will be the full macroeconomic indicators, social and economic implementation of its workplan. inequality persists and poverty and extreme poverty rates remain high, primarily affecting As a result of working in a federal state, indigenous peoples and Afro-descendants. Citizen OHCHR-Mexico has more fully appreciated the security continues to generate significant political impact of its efforts at the local level in specific attention across the region due to increasing states, particularly in relation to the development of crime. High rates of violence and violence against public policies and indicators and its specific women remain widespread. Other issues of interventions. The challenge for 2012 will be to concern include: racism and racial discrimination further develop sustainable programmes at the state against indigenous peoples and Afro-descendants; level, including through assessments and public trafficking in persons and human rights violations policy programmes that integrate a human rights related to migration; as well as corruption, weak perspective. democratic institutions and ineffective accountability mechanisms. Most countries in the region have a good record of ratification of international human rights instruments and domestic frameworks generally recognize and protect human rights. Implementation, however,
OHCHR REPORT 2011 283 OHCHR IN THE FIELD: AMERICAS
continues to be a challenge and a number of procedural handbook for dealing with cases of instruments have not yet been ratified. discrimination is being drafted to systematize the way that discrimination cases are addressed During 2011, the Regional Office for Central by the NHRI. It has also initiated a process of America continued to engage with Governments, engagement with Afro-descendant national human rights institutions (NHRIs), civil organizations on how it can strengthen its society organizations, regional and subregional case-handling procedures with respect to cases organizations and United Nations Country Teams of racial discrimination and racism. The (UNCTs) in order to: promote the ratification of Regional Office contributed to this increased international human rights instruments and capacity through training, the exchange of support the implementation of the experiences and the provision of technical recommendations formulated by the Universal advice in relation to the elaboration of Periodic Review (UPR), treaty bodies and special procedures to deal with cases of racial procedures; strengthen the capacities of States to discrimination and racism. address human rights violations; assist groups that u Target for Nicaragua: NHRI in Nicaragua works suffer discrimination in accessing justice and partially in conformity with international making use of the international protection human rights standards in relation to mechanisms; and support the elaboration of Afro-descendants. human rights-based United Nations Development The NHRI has taken steps to review its Assistance Frameworks (UNDAFs) across the modalities on how to deal with cases relating region. In particular, the Regional Office to Afro-descendant populations, particularly contributed to raising public awareness about the through a procedural protocol for dealing with critical issues being faced by indigenous peoples cases and situations of racial discrimination and and Afro-descendants and strengthened the racism. The Regional Office’s training events capacities of States to fight discrimination against have opened up a new space for these groups. The Regional Office also Afro-descendant civil society to question and strengthened alliances with other international make demands to its NHRI, which has proven actors in the area of citizen security, working in to be a useful forum of discussion and close partnership with the Inter-American exchange. The work of the Regional Office has Commission on Human Rights (IACHR) and served to sensitize the NHRI and enhance the collaborating with the System for Central American promotional functions performed by the Integration (SICA). institution as expressed by the Afro-descendant communities. Results Ratification (EA 2) National laws, policies and institutions (EA 1) u Target for El Salvador: One international u Target for Panama: NHRI in Panama works human rights treaty ratified by El Salvador (the partially in conformity with international Optional Protocol to the International Covenant human rights standards in relation to on Economic, Social and Cultural Rights Afro-descendants. (OP-ICESCR)). The NHRI has shown an increased willingness El Salvador ratified the OP-ICESCR on 20 to enhance its work against racism and racial September 2011. The Regional Office met with discrimination. The creation of an the International Affairs Commission of anti-discrimination unit charged with Congress on several occasions to explain the establishing procedures on how to deal with content and objectives of the Protocol and its cases of racial discrimination within the NHRI implications for the country. The Office was agreed to by the Ombudsperson. The distributed relevant material related to the NHRI has taken a more active lead in the Protocol. The National Congress approved the Commission against Discrimination. A strategic recommended text by consensus. plan is being drafted with the support of the u Target for Costa Rica: One international human Regional Office. rights treaty ratified by Costa Rica (OP-ICESCR). u Target for Costa Rica: NHRI in Costa Rica works The OP-ICESCR was signed in April but still partially in conformity with international needs to pass through the National Assembly human rights standards in relation to for ratification. The Regional Office was Afro-descendants. formally received by the Commission of The NHRI has recently begun taking up cases International Affairs of the National Congress of racism and racial discrimination. A and, with the support from an expert adviser
284 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
from headquarters and a member of the of an inter-institutional committee to follow up Committee on Economic, Social and Cultural on the recommendations of international Rights, was able to clarify doubts regarding the human rights mechanisms. national-level impact and benefits of u Target for Costa Rica: One of the outstanding ratification. The Office has begun engaging priority UPR recommendations with significant with the National Congress to ensure swift implementation progress in Costa Rica. ratification of the OP-ICESCR once it has been In response to a UPR recommendation, an submitted by the Executive in 2012. inter-institutional committee to follow up on the recommendations formulated by Access to justice and basic services (EA 4) international human rights mechanisms was u Target for El Salvador: Adequate legislation and established by presidential decree and policies are in place to ensure access to justice published in Costa Rica’s official journal on 30 by women to a partial extent. September 2011. The Regional Office In 2011, El Salvador improved access to justice advocated with the Ministry of Foreign Affairs for women victims of gender-based violence for the establishment of the committee and through the elaboration of a protocol for the provided inputs to the drafting of the decree. investigation of cases of femicide. The protocol The inter-institutional committee will be in for the investigation of cases of femicide was charge of drafting a national action plan against developed with the assistance of the Regional discrimination, as recommended by the UPR. Office and has now been finalized. It provides OHCHR provided technical and financial prosecutors, judges and the police with a assistance for a project that supported the guidance tool for the effective prosecution of process under the leadership of the Ministry of such cases. The Office provided technical Foreign Affairs. advice and hired an international consultant u Target for Panama: Three of the outstanding that adapted the model protocol developed by priority UPR recommendations with significant UNWomeninMexicoforapplicationtoEl implementation progress in Panama. Salvador’s legislative framework and In response to a voluntary pledge and two UPR investigation procedures. The Office also recommendations, Panama ratified the Optional developed the capacities of prosecutors and Protocol to the Convention against Torture and professionals from the justice sector through a Other Cruel, Inhuman or Degrading Treatment training course on the investigation of femicide or Punishment (OP-CAT), extended a standing and equipped the Prosecutor´s Academy invitation to special procedures and established School with a pool of 70 trainers to replicate an inter-institutional commission to follow up the process. on the recommendations formulated by international human rights mechanisms. The State engagement with human rights Regional Office advocated with the Ministry of mechanisms (EA 6) Foreign Affairs for the implementation of these u Target for Belize: Two of the outstanding recommendations and to ensure the priority UPR recommendations with significant participation and inclusion of civil society implementation progress in Belize. organizations, in addition to providing The UPR recommendations requested that technical inputs to the presidential decree Belize continue its efforts in submitting establishing the commission. overdue reports under the various international conventions to which Belize is a party and seek Civil society engagement with human rights technical assistance for the establishment of an mechanisms (EA 7) inter-institutional committee to prepare the u Targets for Costa Rica, El Salvador, Honduras, reports and follow up on implementation of Nicaragua and Panama: Indigenous or the recommendations. Progress was made in Afro-descendant organizations from these implementing these recommendations. With the countries submit substantive documents to support of the Secretariat of the Committee on special procedures, treaty bodies or the UPR. the Elimination of Racial Discrimination Indigenous peoples organizations from El (CERD), OHCHR trained Government officials Salvador and Honduras drafted and submitted on the preparation of its report and advocated communications to the Special Rapporteur on with the Ministry of Foreign Affairs to speed up the rights of indigenous peoples. Seven the drafting process of its initial report. The Afro-descendant organizations from Nicaragua Office also provided technical advice to an jointly submitted two communications to the initiative of UNDP promoting the establishment Special Rapporteur on contemporary forms of
OHCHR REPORT 2011 285 OHCHR IN THE FIELD: AMERICAS
racism and the Special Rapporteur on adequate Challenges and lessons learned housing. In Panama, an alternative report to the Committee on the Rights of the Child (CRC) In 2010, the Regional Office established an was presented by an indigenous women’s Indigenous Regional Consultative Mechanism to organization; one communication to the Special guarantee the principle of free, prior and informed Rapporteur on contemporary forms of racism consent of indigenous peoples, establish priorities was jointly drafted by an Afro-descendant for action and ensure their participation in all organization and several individuals; and one stages of the programming process in relation to communication was drafted by an indigenous issues affecting their lives. The mechanism is peoples' leader and submitted to the Special composed of 15 indigenous representatives from Rapporteur on the rights of indigenous Costa Rica, El Salvador, Honduras, Nicaragua and peoples. The Regional Office provided Panama. As a result of this mechanism, indigenous technical advice to these organizations through peoples and the Regional Office are in a better regional seminars and trainings to enhance position to strengthen collaboration and identify their capacity to engage with UN human rights common initiatives. The process leads to a more mechanisms. realistic contextual, meaningful and culturally specific assessment of the human rights situation Human rights mainstreaming within the as experienced by each group. The establishment United Nations (EA 11) of this mechanism was instrumental in the creation u Target for El Salvador: Common Country of a relationship of trust with indigenous groups Assessment (CCA)/UNDAF of El Salvador in the region, resulting in OHCHR’s increased integrated human rights standards and engagement and leadership in this area. The principles to a substantial degree. initiative was presented to the 2011 UN Permanent The UNDAF in El Salvador, signed on Forum on Indigenous Issues as an example of a 18 February 2011, integrated human rights successful means of guaranteeing the principle of standards and recommendations of free, prior and informed consent of indigenous international human rights mechanisms. El peoples through effective consultation processes Salvador´s UNDAF included specific indicators that can be replicated by other OHCHR field focusing on the situation of indigenous peoples presences. and the implementation of recommendations from the Special Rapporteur on violence Regional Office for Central America against women. OHCHR participated in the (Panama City, Panama): Expenditure in 2011 drafting of the UNDAF and provided specific inputs in relation to indigenous peoples and Regular budget Extrabudgetary expenditure expenditure violence against women. in US$ in US$ u Target for Panama: CCA/UNDAF of Panama Personnel and 575,971 - integrated human rights standards and related costs principles to a partial degree. Consultants 8,000 9,583 The CCA/UNDAF in Panama (UNDAF signed on 2 September 2011) integrated human rights Official travel 19,553 36,834 standards and recommendations of Contractual services 4,006 12,600 international human rights mechanisms. The General operating 43,794 16,957 UNDAF included one outcome dedicated to the expenses implementation of recommendations issued by Supplies & materials 5,569 - UPR and treaty bodies. The Regional Office Seminars, grants & 37,779 26,500 promoted the participation of Afro-descendant contributions civil society organizations in the UNDAF Subtotal 694,672 102,474 process in Panama and provided advice on the inclusion of the outcome dedicated to the Programme support - 13,321 costs implementation of recommendations issued by the UPR and treaty bodies. GRAND TOTAL 694,672 115,795
286 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Regional Office for South America (Santiago, Chile)
Year established 2009 Staff as of 31 December 2011 8 © OHCHR/South America Expenditure in 2011 US$1,406,793
Background
Most countries in the subregion have strengthened their democracies and developed solid legal frameworks for human rights protection. Argentina, Peru and Venezuela have established national human rights institutions (NHRIs) in compliance with the Paris Principles. In Uruguay, the law creating the NHRI was approved in December 2008, although it has yet to be established. The Students attend the Human Rights Day celebration in Chile, South America. ratification rate of the international human rights treaties is high and most countries have extended improve the promotion and protection of the full standing invitations to special procedures. A range of human rights in conformity with considerable number of mandate-holders have international human rights standards. undertaken missions to the region during the last biennium. Despite positive developments achieved Results during 2011, large proportions of the population living in the region continue to experience National laws, policies and institutions (EA 1) difficulties in relation to the enjoyment of their u Target not achievable within the biennium for human rights, including as a result of poverty, Chile: NHRI established in accordance with the discrimination and social violence. Gaps in human Paris Principles. rights protection exist, particularly in relation to In March 2011, the Chilean Senate adopted a citizen security, prison conditions, impunity and resolution recommending that the Government past human rights abuses committed under give priority to the legal initiative aimed at the dictatorial regimes. Discrimination against creation of an Ombudsman according to the indigenous peoples and Afro-descendants is Paris Principles. During the reporting period, the widespread and manifested in a failure to recognize Regional Office raised the awareness of their rights to lands and territories and the parliamentarians and the NGO Ombudsman ineffective enforcement of their right to Chapter about the importance of the consultation. Racial stereotypes are common and establishment of a Paris Principles-compliant national programmes designed to prevent racial NHRI, which is also included in the United discrimination have not yielded sufficient results for Nations Development Assistance Framework the worst affected groups. Lack of independence of (UNDAF) signed by the Government. The the judiciary and attacks against human rights Regional Office was instrumental to the defenders are additional concerns in the region. adoption of the Senate’s resolution which was based on arguments provided by OHCHR in The Regional Office for South America (ROSA) was factsheets and letters to parliamentarians. re-established in Santiago, Chile, following the u Target not achievable within the biennium for signing of an agreement between OHCHR and the Uruguay: Uruguayan human rights institution is Government of Chile on 23 September 2009. ROSA functioning according to the Paris Principles. covers six countries, namely: Argentina, Brazil, At the end of 2011, the Congress created a joint Chile, Peru, Uruguay and Venezuela. OHCHR commission (Senate and Representatives works in close cooperation with Governments, Chambers) to select the five commissioners of parliaments, the judiciary, NHRIs, civil society the NHRI. It is anticipated that the first organizations (CSOs), regional and international commissioners will be appointed in April 2012, organizations, institutions of the Southern Common initiating the process of the progressive Market (MERCOSUR) and United Nations Country establishment of the Uruguayan NHRI, as Teams (UNCTs) to develop their capacities to outlined in the Uruguayan UNDAF 2011-2015
OHCHR REPORT 2011 287 OHCHR IN THE FIELD: AMERICAS
signed by the Government. The Regional Office Rights Division. The Office delivered its own supported these efforts by raising the factsheets on the OP-ICESCR, the ICPPED and awareness of parliamentarians and the the CRPD to the six countries it covers. In Government about the importance of taking November 2011, the Regional Office organized steps for the functioning of the NHRI and a regional seminar in Santiago on the participating in the development of a strategy OP-ICESCR for representatives of the Ministry for its functioning, taking into account best of Foreign Affairs and parliamentarians from practices from around the region. Argentina, Brazil, Chile, Peru, Uruguay and u Target for Peru: Significant improvement in Venezuela. The participants analysed the main compliance with international human rights content of the OP-ICESCR, the current status of standards of one institution (the judiciary) in this treaty in each country, the forthcoming relation to the use of standards on cases challenges for its future ratification, as well as relating to indigenous peoples. exchanging best practices and lessons learned Fifty public prosecutors and judges have aimed at raising awareness about the increased their awareness of and developed importance of the OP-ICESCR and exploring their knowledge and skills about the ways for the respective parliaments to achieve application of relevant human rights treaties, ratification. instruments and standards regarding indigenous peoples. In alliance with the ILO, State engagement with human rights the Regional Office organized and conducted a mechanisms (EA 6) two-month course focused on the direct u Target not achievable within the biennium for applicability or interpretative effect of Brazil: Brazil has taken steps to ensure international human rights treaties in domestic follow-up to the UPR recommendations through courts. The course was also broadcast live on participatory processes. the judiciary’s television channel in order to Support was provided to Brazil to follow-up on reach public prosecutors and judges in several UPR recommendations in the areas of poverty judicial regions throughout the country, and economic, social and cultural rights, citizen including the main indigenous regions. security, torture (particularly the National In Peru, the law on consultations with Preventive Mechanism in line with the Optional indigenous peoples was adopted in September Protocol to the Convention on Torture and 2011 and a new Vice-Ministry of Intercultural Other Cruel, Inhuman or Degrading Treatment Affairs was created. The Regional or Punishment (OP-CAT)) and the adoption of Representative of OHCHR held meetings to human rights indicators through ongoing advocate for the approval of this Law with the engagement with governmental and Government, Congress, the judiciary, the non-governmental stakeholders, in-country Ombudsman and the Director of the National missions, media appearances and the Department on Indigenous Peoples. dissemination of information. u Target for Venezuela: UPR report by Venezuela Ratification (EA 2) substantially or fully conforms to reporting u Target not achievable within the biennium for guidelines. the region: Increased ratification of the The Government of Venezuela submitted its Optional Protocol to the International Covenant UPR report in conformity with the general on Economic, Social and Cultural Rights guidelines adopted by the Human Rights (OP-ICESCR), the Convention on the Rights of Council. Among other activities to promote the Persons with Disabilities (CRPD) and the UPR process in the country, the Regional Office International Convention for the Protection of conducted a training session on the UPR for All Persons from Enforced Disappearance representatives of national institutions, (ICPPED) in countries covered by ROSA. including the Executive Branch and the The Government of Argentina ratified the National Congress. OP-ICESCR at the end of October 2011. In u Result achieved for which no target was set: Peru Peru, the Regional Office presented the main submitted outstanding reports to the Committee aspects of the OP-ICESCR to the Ministry of on Economic, Social and Cultural Rights on 20 Foreign Affairs, the NHRI and a group of key January 2011 and to the Human Rights NGOs working on economic, social and Committee on 18 September 2011. The Regional cultural rights. In Uruguay, the Regional Office Office contributed to this result by carrying out a conducted training on the OP-ICESCR for the workshop on reporting to treaty bodies. UNCT and the Ministry of Education’s Human
288 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Civil society engagement with human rights Human rights mainstreaming within the mechanisms (EA 7) United Nations (EA 11) u Target for Argentina: Five stakeholders (NHRIs, u Targets for Chile, Peru, and Uruguay: Common CSOs and individuals) submit substantive Country Assessment (CCA)/UNDAF significantly documentstotreatybodiesandspecial integrates human rights standards and procedures. principles. In 2011, a total of 21 documents were The UNDAFs of Chile, Peru and Uruguay were submitted by Argentinian CSOs to human rights developed using a human rights-based mechanisms, including the monitoring approach and included human rights committees of ICESCR, the International interventions to be implemented by OHCHR Convention on the Protection of the Rights of directly or in collaboration with other agencies. All Migrant Workers and Members of Their The Regional Office participated in the drafting Families (ICRMW), the International Covenant of these documents and provided technical on Civil and Political Rights (ICCPR) and the advice and relevant input in order to Special Rapporteur on the rights of indigenous incorporate a human rights-based approach. peoples. The Regional Office contributed to this result by disseminating material on the Challenges and lessons learned international human rights mechanisms among CSOs and conducting a training session for Maintaining working relationships with State actors more than 120 Argentinian indigenous leaders and civil society organizations facilitates the work in collaboration with the NHRI. of the Regional Office in providing assistance and u Target for Chile: Three stakeholders (NHRIs, advisory services. OHCHR’s presence in the region CSOs and individuals) submit substantive makes it easier to engage with Governments and documentstotreatybodiesandspecial other stakeholders, regularly visit the countries procedures. covered by the Office, establish contacts and build In Chile, 14 CSOs sent documents to human relationships with various partners. Furthermore, rights mechanisms including the monitoring OHCHR’s regional perspective has allowed it to committees of CAT, ICRMW, and the Special have a better understanding of the complexity of Rapporteur on the rights of indigenous the human rights issues faced in the region while peoples. The Regional Office contributed to also enabling it to share the experiences and good this by: conducting two training sessions for practices implemented by various countries that indigenous representatives on the use of UN could be replicated in others. human rights mechanisms and international standards related to the rights of indigenous Regional Office for South America peoples; distributing fact sheets on the (Santiago, Chile): Expenditure in 2011 mechanisms; and providing technical advice to Regular budget Extrabudgetary NGOs working with indigenous peoples. expenditure expenditure u Target for Peru: Six stakeholders (NHRIs, CSOs in US$ in US$ and individuals) submit substantive documents Personnel and 570,417 304,493 to treaty bodies and special procedures. related costs Five Peruvian CSOs and the NHRI sent Consultants - 94,014 documents to human rights mechanisms Official travel - 78,446 including the monitoring committees of Contractual services - 1,409 ICESCR, CRPD, the International Convention on General operating - 175,549 the Elimination of Racial Discrimination expenses (ICERD) and the Special Rapporteur on torture. Supplies & materials - 36,852 The Regional Office contributed to this by Seminars, grants & - 49,393 distributing material on the human rights contributions mechanisms in collaboration with the UNCT Subtotal 570,417 740,156 and carrying out two training sessions in Peru Programme support - 96,220 on the rights of indigenous peoples which costs were organized in collaboration with the NHRI. GRAND TOTAL 570,417 836,376
OHCHR REPORT 2011 289 OHCHR IN THE FIELD: AMERICAS
Defending the rights of indigenous peoples in South America
“Indigenous communities have racism and discrimination and we Salgado, Yañez and Rivera work to always structured their way of life find that our actions are often bridge the legal gaps by promoting the and customs around the use and de-legitimized,” laments Rivera. rights of indigenous peoples provided enjoyment of natural resources, but “But we have been gaining ground under international human rights today, economic globalization because people are changing; times instruments, including: the United discriminates against these are changing. I have so much hope Nations Declaration on the Rights of traditional forms of development,” in this regard.” Indigenous Peoples, the International explains Nancy Yañez, a Chilean Convention on the Elimination of All lawyer and native rights activist with In many countries in the region Forms of Racial Discrimination, and the NGO Observatorio Ciudadano. there has been a renaissance in ILO Convention No. 169, among Yañez has dedicated much of her life recent years, with both rural and others. OHCHR’s Regional Office for to defending ancestral land rights as urban natives recognizing their South America works with all States well as the right to water and other culture and taking a stand for their to ensure that international human natural resources, while empowering rights. In Chile, Peru and several rights law is taken into account. In native communities to do the same. other countries, programmes to September and October, the Office “The biggest obstacle we face when ensure multicultural and bilingual offered a training programme for defending indigenous rights is education have been introduced high-level Peruvian judges and public inequality in power relations,” says with great success. Nevertheless, prosecutors on indigenous Yañez. “If the counterpart is the State significant challenges remain and jurisprudence and provided legal or a big corporation, they have have been highlighted by several training for young Chilean indigenous access to economic resources that UN human rights mechanisms: leaders in November. ensure them legal and technical entire communities have been services that we do not have. That forcibly displaced; indigenous “In a country like Chile where there disparity translates into unequal peoples still lack consultation is no Ombudsman and where the access to justice.” mechanisms and proportional State doesn’t provide legal services to political representation; their land the population, instances like the Discrimination against native claims are largely ignored; rates of Observatory and other human rights peoples is endemic in South poverty, infant mortality, illiteracy organizations are the only options for America, where estimates of the and suicide are often twice as high communities with such scarce number of indigenous peoples range as the national average; and many resources to access professional widely. In the six countries covered human rights defenders and help,” Yañez says, “Our main by OHCHR´s Regional Office for individuals face violence and obstacle is excessive demand.” South America (Argentina, Brazil, persecution by security forces. “In Yañez admits that the heavy Chile, Peru, Uruguay and cases of institutional violence by workload can take a personal toll: “It Venezuela), there are roughly 10 police, in cases of discrimination is full-time, 24 hours a day, and million indigenous peoples, against indigenous peoples and sometimes that is just unsustainable. comprising close to 6 per cent of the others, and in cases of generic Still, it is a line of work she says she population. The country with the violations of economic, social and would not trade for anything. “From highest proportion is Peru, where cultural rights, there are no local a personal perspective, working with one in four people is indigenous. It mechanisms to force authorities to human rights provides tremendous is important to make indigenous comply with their obligations,” says gratification,” says Yañez, “not only peoples the “authors of our own native rights defender Juan Manuel becausewemanagetoupholdthe changes,” says Tarcila Rivera, a Salgado. He is a lawyer and Director rights of a person or a vulnerable native leader with the Indigenous of the Observatory for the Human group, but also because when you Cultural Centre CHIRAPAQ, which Rights of Indigenous Peoples, based work with indigenous communities has been active in Peru for the past in the southern Argentine province you have the opportunity to get to 25 years. She focuses on raising of Neuquén. Argentina, like many know their cosmovision, which awareness among native women. countries in South America, lacks a contributes so much to our “Our region still has a strong national law that typifies racial understanding of human beings and colonial presence. There is a lot of discrimination as a crime. of the universe.”
290 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Human Rights Components in UN Lead. The HRS’s mandate, in support of MINUSTAH’s Peace Missions core stabilization responsibility, is to promote and protect human rights, including through monitoring and reporting, and to support the Haitian State, the United Nations Stabilization Mission in Office of the Ombudsperson and civil society organizations. Haiti
Year established 2004 Results Staff as of 31 December 2011 58 National laws, policies and institutions (EA 1) u Over the past two years, there was an Background improvement in the police’s respect of the 48-hour maximum delay, under law, of detaining people before being presented before a judicial Before the earthquake of January 2010, the human authority. The HRS contributed to this by training rights situation in Haiti was characterized by deep national police officers which resulted in a poverty, poor realization of economic and social significant decrease in the ill-treatment of rights, continued impunity for violations of civil and detainees in police stations. political rights, weak national institutions and a u In the context of the presidential elections, the fragile civil society. The earthquake exacerbated this HRS released a note on election-related arrests dire situation, caused the deaths and injuries of that led to the subsequent release of 18 people. many thousands of people and destroyed public and u On 22 July 2011, President Martelly declared that private infrastructure, thereby diminishing an already his Government was opposed to forced evictions weak capacity of the State to fulfil its human rights and requested that municipalities put a hold on obligations. It also created new challenges, in any evictions. This was a result of long-term particular, the protection of populations living in advocacy undertaken by the HRS and its partners. camps. The HRS monitored forced evictions of camp inhabitants and responded in specific cases by The year 2011 began with the most serious cholera engaging with municipal authorities, landowners outbreak seen in the world in recent decades, and camp populations to avoid or delay forced leading to more than 7,000 deaths and the illness of evictions. The Protection Cluster contributed to hundreds of thousands of people within a 12-month the development and dissemination of Standard period. Throughout 2011, the humanitarian response Operating Procedures (SOPs) that served as to the earthquake continued, primarily through guidelines for municipal authorities, the police, support to camps, debris removal and reconstruction camp managers, members of the Protection projects. At the end of the year, a humanitarian Cluster and UN partners to contribute to the Consolidated Appeal was launched for 2012 and the prevention of forced evictions and protection of humanitarian Clusters, including the Protection human rights. The HRS issued two press releases Cluster, began to implement plans to transition their calling on national authorities to oppose forced responsibilities to State-led structures. This transition evictions and identify viable solutions for persons includes building the capacity of State authorities to living in camps within the broader framework of manage emergency preparedness and response. the right to adequate housing. Above all, the HRS Contested presidential and parliamentary elections at and the Protection Cluster continued to advocate the end of 2010 continued in 2011 with a delay of for a comprehensive State plan for the closure of several months of the second round elections. The camps. Despite the President’s statement, new President took office in May but was unable to municipalities and landowners continued to get the necessary support from Parliament for his threaten people living in camps with forced nominees for Prime Minister, effectively leaving the evictions and no comprehensive national plan country without an operational Government for has been developed to provide them with several months and further affecting the planned feasible long-term solutions. activities in the field of human rights. u Out of 52 cases of human rights violations brought to the attention of the State justice and The Human Rights Section (HRS) is the entity within accountability mechanisms, the offices of relevant the United Nations Stabilization Mission in Haiti prosecutors across the country opened (MINUSTAH) responsible for human rights. Its Head investigations into at least 22 cases. The 52 is also the representative of the High Commissioner investigations into human rights violations for Human Rights and the Haiti Protection Cluster conducted by the HRS, involving more than
OHCHR REPORT 2011 291 OHCHR IN THE FIELD: AMERICAS
100 police officers across the country, included cases of more than 25 civilian deaths, alleged summary executions and torture. The HRS used its investigations to advocate for and support action by State justice and accountability mechanisms. Information collected by the HRS during its investigations was regularly shared with the Inspectorat Générale de la Police Nationale Haitienne and the judiciary. The HRS also supported several juges d’instruction (investigating judges) in carrying out their investigations, leading to the arrest and detention of approximately 10 police officers. u Within two weeks of the public release by HRS of two reports entitled “Report on alleged killings by Haitian National Police and the response of State © UN Photo/Victoria Hazou Haitians celebrate as the new President of the country takes office, authorities” and “Report on the torture and May 2011. murder of Serge Démosthène,” one alleged perpetrator, a police officer, was arrested. and budgets. Parliamentarians in the North-East u The trial regarding the case of the killing of at Department publicly endorsed the report and least 11 inmates in the Les Cayes prison in 2010 presented it to the new Prime Minister. Civil took place in 2011. The HRS advocated in favour society members attended several meetings held of a trial and monitored the proceedings. While by public authorities related to health and the authorities were able to complete several economic planning and programming to ensure investigations and bring the case to trial, the compliance with the identified regional priorities. results of the initial investigations were deemed The HRS provided support to civil society inconclusive due to an absence of information on organizations on public-policy monitoring and essential elements. This affected the strength of identification of development priorities within the the prosecution’s arguments, but did not local public budgets. In 2012, this same initiative necessarily affect the outcome. The trial will be carried out in seven departments in the proceedings were frequently chaotic and there country. were allegations of threats against witnesses. u The Office of the Ombudsman (OPC) is State engagement with human rights implementing its decentralization plan and mechanisms (EA 6) maintains regional offices in nine jurisdictions u The Human Rights Council reviewed Haiti’s outside Port-au-Prince. It is supported by the Universal Periodic Review (UPR) report on 13 HRS, together with MINUSTAH. In particular, the October 2011. The Section supported the HRS worked with OPC personnel at regional governmental committee in charge of preparing levels to address human rights violations in the Haiti’s report, including through the organization context of detention. The OPC indicated it of a public consultation with civil society successfully addressed 735 cases of illegal representatives. The HRS also coordinated the detention. contributions from MINUSTAH and the United Nations Country Team (UNCT) to the UPR and Access to justice and basic services (EA 4) compiled the joint United Nations report for the u The HRS provided support to six Haitian UPR on Haiti. After the review by the Human non-governmental organizations (NGOs), directly Rights Council, the HRS widely disseminated the benefiting over 12,000 people, to prevent sexual recommendations issued from the UPR and and gender-based violence and inform victims of maintained a close working relationship with the how to seek judicial redress. newly created interministerial committee for the preparation of the addendum to be submitted to Participation (EA 5) the Human Rights Council in early 2012. u In the North-East Department, civil society organizations finalized a report on human rights Responsiveness of the international community priorities and presented it to different actors, (EA 10) including local officials, civil servants and elected u The HRS advocated for, and provided substantive parliamentarians, to be used as a reference support to, the visits of the Deputy High document in the preparation of public policies Commissioner, three visits by the Independent
292 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Expert on Haiti, and one working visit to Haiti by Human Rights Advisers to UN Country the Independent Expert on the right to adequate Teams housing. Each of these visits resulted in recommendations and reports presented to the Human Rights Council. They also provided Ecuador opportunities to raise human rights issues in Haiti at the highest levels and keep Member States Year established 2007 informed of the human rights situation. Staff as of 31 December 2011 3 Human rights mainstreaming within the United Nations (EA 11) Background u As a result of the awareness-raising efforts on protection and forced evictions undertaken by In 2011, the current Government completed its fifth the HRS and the Protection Cluster, the United year in office, during which it achieved progress and Nations Police (UNPOL) developed internal faced ongoing challenges. Social investment and guidelines that clarified its personnel would not protection programmes increased and several national provide any support to the national police in and international socioeconomic research institutions carrying out forced evictions and outlined the reported a reduction in poverty rates. For instance, steps that must be followed in cases of alleged or the United Nations Economic Commission for Latin threatened eviction. America and the Caribbean (ECLAC) highlighted u The HRS actively participated in the preparation Ecuador as one of five countries that experienced a of the joint MINUSTAH and UNCT Integrated significant decline in poverty rates between 2002 and Strategic Framework for 2012 and contributed 2011 (poverty from 49 per cent to 37.1 per cent and 13 new human rights indicators. The HRS also indigence from 19.4 per cent to 14.2 per cent). Other substantively contributed to the Rule of Law governmental initiatives have, however, generated Contract between the UN and the Government opposition from various social sectors, including in which established the human rights priorities. relation to: the Government’s use of natural resources which indigenous groups identify as a violation of Challenges and lessons learned their collective rights; confrontations and judicial actions against press agencies and journalists; and the The year 2011 saw numerous challenges for the development of controversial laws on communication, HRS. The absence of sitting Ministers until water and mining. Despite constitutional guarantees, September, especially the Minister of Justice, was a racism and discrimination against indigenous peoples major constraint. The cholera epidemic added to the and Afro-descendants persist, affecting the enjoyment humanitarian and human rights crises with which the of their rights. Citizen insecurity is also an important HRS was confronted under its Protection Cluster and concern. Ecuador is a member of the Human Rights human rights mandates, including fear of, violence Council, has ratified all nine of the international and discrimination against those associated with human rights treaties and their Optional Protocols and cholera. issued a standing invitation to the Council’s special procedures. Ecuador has also recognized the Despite the different challenges faced by the HRS, jurisdiction of the Inter-American Commission and the including in relation to resources, a revised strategy Inter-American Court of Human Rights. and revisions to the HRS structure and methodology enabled the HRS to vastly improve its programme In 2007, a Human Rights Adviser was deployed to implementation and fund disbursement rates. The Ecuador to support the strengthening of the judiciary HRS maximized resources by focusing on and advise the United Nations Country Team (UNCT) emblematic instances of human rights concerns on human rights-based programming. Advice has across a wide range of issues, including the response included the need to integrate a human rights-based of law enforcement and justice to sexual and approach into public policies and support for gender-based violence, human rights and detention compliance with international human rights standards and the right to adequate housing, in addition to by key institutions in the form of the establishment of sustained action on issues like police violence and a human rights indicator system to monitor Ecuador’s support to the OPC. In the context of humanitarian compliance with its human rights obligations. In transition, the HRS found that its strategy of addition, the Human Rights Adviser fostered initiatives community-level approaches to protection aimed at increasing compliance with throughout 2011 served as an excellent basis for recommendations issued by the Universal Periodic transition to local authorities at the end of the year. Review (UPR), treaty bodies and special procedures.
OHCHR REPORT 2011 293 OHCHR IN THE FIELD: AMERICAS
Results and ordinary justice. At the end of December 2011, a National Assembly Commission submitted a bill National laws, policies and institutions (EA 1) to the plenary of the Assembly for a first debate. u Target: The level of compliance of policy with The bill largely complies with international human international human rights standards, rights standards regarding collective rights. The particularly through the adoption of a human Human Rights Adviser provided technical advice rights-based approach has significantly improved to the Commission, reviewed the bill and in one area, i.e., water and sanitation. facilitated the participation of the Special On 20 July 2011, Ecuador adopted a guide on the Rapporteur on indigenous issues in the process. formulation of human rights-based sector-specific u Target: A significant level of institutionalized public policies through a ministerial decree. The training in human rights has been established in guide was developed by the National Secretariat one area, i.e., the collective rights of indigenous of Development and Planning with the technical peoples and Afro-Ecuadorians, for police, the assistance of the Human Rights Adviser and is a armed forces, national human rights institutions groundbreaking document which adopts a and the judiciary. human rights-based approach to planning as a By the end of 2011, the content of the training mandatory methodology for all branches and modules on collective rights was finalized and departments of the Executive. It also makes initially approved by the Government. While the operational the equality agendas enshrined in the modules have not yet been fully institutionalized, Constitution (migration, gender, age, disability preliminary agreements have been reached on their and multiculturalism). Furthermore, it establishes implementation with the armed forces, the police the mandatory and systematic use of the and NHRIs. The Human Rights Adviser, in recommendations of international and regional coordination with relevant stakeholders, developed human rights mechanisms in the diagnosis and the content of the modules and is preparing an formulation of public policies. The level of implementation strategy to be rolled out in 2012. compliance of sector-specific policies with human rights standards is expected to progressively State engagement with human rights improve with the implementation of the guide. mechanisms (EA 6) u Target: The level of compliance of policy in the u Expected accomplishment: Increased compliance areas of citizen security, detention and use of and engagement by Ecuador with UPR reporting force has significantly improved. and implementation of recommendations. In 2010, guidelines and a policy on detention and Upon a request from the Ministry of Foreign the use of force and firearms were adopted by Affairs and the Ministry of Justice, Human Rights the Ministry of Interior through a ministerial and Cults, the Human Rights Adviser provided decree. In 2011, the National Police initiated the technical support for the drafting process of process to expand such standards into more Ecuador’s report to the second cycle of the UPR. detailed regulations applicable to the police. The The Adviser also facilitated the participation of Human Rights Adviser provided technical advice the UNCT and civil society organizations in the to the elaboration and revision of the guidelines. process. In addition, UPR recommendations from u Target: The national human rights institution the first cycle were published and widely (NHRI) works in conformity with the Paris distributed to State institutions, civil society and Principles in the areas of appointment and the the UNCT. implementation of functions to a substantial extent. Civil society engagement with human rights The new Ombudsman (Defensor del Pueblo) was mechanisms (EA 7) appointed at the end of 2011. The Human Rights u Target: Three civil society organizations have Adviser provided technical advice and training to submitted substantive documentation/information the Council of Citizen Participation for the to treaty bodies, special procedures, and the UPR. appointment of the new Ombudsman to carry out Nineteen civil society organizations submitted this process according to the Paris Principles. documents to special procedures and the UPR u Target: The level of compliance of legislation with process. The Human Rights Adviser ensured that international human rights standards has civil society organizations were informed about significantly improved in one area, i.e., the schedule for presenting reports to the treaty indigenous justice. bodies, provided advice on the process to submit As of the end of 2011, the National Assembly had communications to special procedures and not yet adopted the law on encouraged them to submit information to the harmonization/cooperation between indigenous second cycle of the UPR.
294 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Challenges and lessons learned expected to be approved in 2012. Despite these developments, allegations of human rights abuses The 2008 Constitution of Ecuador recognizes the continue and evidence has arisen regarding the right of indigenous peoples to impart their own involvement of police agents in summary and normative systems. The competences of the extrajudicial executions and organized crime indigenous and ordinary systems, however, are not activities. As a consequence, the Government has clearly defined or differentiated from each other, dismissed a number of high-ranking police officers leading to institutional and social conflicts. The and expressed its decision to undertake National Assembly is currently debating a draft law comprehensive police reform. Impunity persists in on coordination and cooperation between the two the killing of journalists, women, young people, systems which has brought to light the different street children and members of the lesbian, gay, positions held by legislators, indigenous leaders and bisexual, transgender (LGBT) community. Violence academics. There is a general perception that against women is increasing at an alarming rate. The indigenous justice is a violent and non-legal way of National Congress has adopted a constitutional imparting justice, due in part to misinformation amendment allowing the armed forces to have a generated by the media about indigenous justice broader role in public order enforcement activities. practices. The Commission of Justice and State Within the context of widespread impunity, no State Structure of the National Assembly organized a series official has been held responsible for serious human of meetings to debate key aspects of the draft law rights violations committed under the de facto with indigenous leaders and academics. The Government in 2009. Furthermore, no significant participation of the Special Rapporteur on the rights reforms have been adopted, despite specific human of indigenous peoples was crucial in the provision of rights recommendations made in the report of the human rights guidance during the debate. The Truth and Reconciliation Commission. The Human Rights Adviser facilitated the participation of Government is facing a variety of social conflicts that the Special Rapporteur in an interactive are related to access to, and use of, the land and videoconference with members of the National other natural resources, such as in the Bajo Aguan Assembly during which he presented his Valley. observations and recommendations concerning the draft law on Coordination and Cooperation between The Human Rights Adviser provides technical advice Indigenous and Ordinary Justice Systems. In and assistance to the UN Resident Coordinator and December 2011, the Commission submitted a first the United Nations Country Team (UNCT) to report of the draft law. Compared to the initial promote a human rights-based approach in UN version, the current draft largely represents the programmes and activities. The Human Rights demands of indigenous leaders and academics and Adviser also provides assistance for the reflects the guidelines provided by the Special strengthening of the national human rights Rapporteur. Despite the fact that a visit of the Special protection system and promotes increased Rapporteur was not possible, his participation compliance with international human rights through the videoconference enabled him to provide standards and recommendations made by human his feedback on the draft law. rights bodies and mechanisms. Finally, the Human Rights Adviser provides technical advice to civil Honduras society actors with a particular focus on the situation of women, indigenous peoples, Afro-descendants Year established 2010 and LGBT groups to reinforce their abilities to engage with national and international human rights Staff as of 31 December 2011 1 bodies and mechanisms.
Background Results
In 2011, the Government of Honduras took positive National laws, policies and institutions (EA 1) steps in enhancing the protection of human rights, u Target: One institution (National Preventive including by creating the State Secretariats for Justice Mechanism) has significantly improved its and Human Rights and Development of Indigenous compliance with international human rights Peoples and Afro-descendants. It also established the standards. National Torture Preventive Mechanism (NPM). A Supported by technical assistance provided by standing invitation was sent to the special OHCHR, the NPM approved a strategic plan procedures. Preparatory work began in 2011 to which significantly improved its compliance with elaborate a national human rights plan that is international human rights standards.
OHCHR REPORT 2011 295 OHCHR IN THE FIELD: AMERICAS
Implementation of this plan is ongoing and some president of the Supreme Court within the key goals have already been reached, such as the Council of the Judiciary potentially jeopardizes December 2011 publication of a report on the the independence of the Council as its functions status quo of the penitentiary system in relate to the supervision and administration of the Honduras. The Human Rights Adviser was also judicial sector. key in advocating before the Government of Honduras, in coordination with the Subcommittee Civil society engagement with human rights on Prevention of Torture, to ensure that the mechanisms (EA 7) National Preventive Mechanism was equipped u Target: Nine civil society organizations submit with appropriate resources to fulfil its mandate. substantive documents to the international u Expected accomplishment: Increased compliance mechanisms. of national legislation with the international An increased number of civil society human rights standards in the areas of gun organizations (eight) made use of international control, the penitentiary system and the judiciary. human rights mechanisms, particularly to raise In 2011, the National Congress of Honduras issues concerning threats against human rights adopted new legislation on issues related to defenders. More specifically, six communications judicial governance and judicial careers. The were submitted to the Special Rapporteurs on the Human Rights Adviser advocated for compliance situation of human rights defenders; on of this legislation with international human rights extrajudicial, summary or arbitrary executions; principles on independence and impartiality and on torture. In some of these cases, special applicable to the administration of justice by: procedures mandate-holders sent organizing a seminar with international experts; communications to the State of Honduras to participating at a plenary session on the issue at address the issues raised by the civil society the National Congress of Honduras; and organizations. The Human Rights Adviser publishing a book on the above-mentioned conducted a series of training activities and international principles. While the legislation is disseminated relevant material in 2011 to positive and largely in compliance with reinforce the capacities of civil society internationally recognized human rights organizations to engage with international human standards, the continuing presence of the rights mechanisms. © REUTERS/Edgard Garrido
An activist holds a poster that reads "Stop impunity. No more murdered women. Stop femicide." during a rally against femicide in Honduras, March 2011.
296 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
Human rights mainstreaming within the United habeas data. The current Government has shown a Nations (EA 11) commitment and openness to human rights issues u Target: Integration of the international human and asked for international cooperation, particularly rights standards in the United Nations from OHCHR, to assist it in making the necessary Development Assistance Framework (UNDAF) of reforms and implementing programmes to overcome Honduras to a partial extent. the many human rights challenges that are faced by Honduras’ UNDAF for 2012 -2016, approved in the country. Despite the Government’s commitment March 2011, includes key human rights and efforts, the population in Paraguay is still considerations, such as references to observations experiencing difficulties in the full enjoyment of their issued by UN human rights mechanisms and rights and many practices that characterized the Universal Periodic Review commitments. The authoritarian period, such as impunity, widespread adoption of the National Plan on Human Rights corruption, weak institutional capacity and a solid and the strengthening of non-governmental patronage system, continue to be obstacles to the organizations that act on behalf of indigenous consolidation of democracy. and Afro-descendant peoples have been integrated as UNDAF goals. The Human Rights OHCHR’s previous engagement with Paraguay was Adviser participated in the coordination group limited to a number of technical cooperation projects which developed the UNDAF. In doing so, he with selected Government bodies and the United provided advice to UN agencies on international Nations Country Team (UNCT). The Human Rights human rights standards and recommendations Adviser was deployed to Paraguay in September issued by the international human rights 2010. In 2011, the Adviser’s three main areas of work mechanisms in relation to Honduras. included the provision of: 1) support for the elaboration and adoption of the National Human Challenges and lessons learned Rights Action Plan; 2) support for the revision process of the draft National Plan on Human Rights Honduras’ National Preventive Mechanism was Education; and 3) assistance in the implementation established in 2010, but due to limited resources of and follow-up to recommendations issued by the allocated to it, the NPM has been seriously restricted Universal Periodic Review (UPR) and other in the exercise of its mandate. The advocacy efforts international human rights mechanisms. of the Human Rights Adviser before the Government and the international community led to an increase Results in the availability of funds, particularly from international donors which enabled it to take National laws, policies and institutions (EA 1) concrete steps in approving a strategic plan that is u Target: Increased compliance of policy and compliant with international human rights standards. legislation with international human rights This experience demonstrates the added value of standards in the areas of human rights (National OHCHR’s presence in the country, particularly in Human Rights Action Plan), human rights situations where it can effectively coordinate support education (National Plan on Human Rights from international donors and raise the awareness of Education and cultural rights) and torture the Government about critical human rights issues. (adoption and implementation of a law establishing the National Preventive Mechanism Paraguay and amendment to the definition of torture). The National Human Rights Action Plan, Year established 2010 presented in December 2011, was prepared Staff as of 31 December 2011 3 following a participatory process with the active involvement of State institutions, universities and civil society organizations (CSOs). The plan Background incorporates recommendations from UN human rights mechanisms. Its overall goal is to enhance From 1954 to 1989, Paraguay endured one of the harmonization between State institutions working longest dictatorships of the 20th century, during on human rights issues and ensure compliance of which serious human rights violations took place. In public policies with human rights standards. The 1992, a new Constitution was adopted establishing a Human Rights Adviser provided technical support democratic Government, recognizing a detailed for the elaboration of the plan. series of fundamental rights, granting supremacy to A new version of the National Plan on Human ratified international treaties and enshrining legal Rights Education was drafted and is under revision. guarantees, such as habeas corpus, amparo and Its formal approval and adoption is anticipated in
OHCHR REPORT 2011 297 OHCHR IN THE FIELD: AMERICAS
2012. The drafting process was conducted in a State engagement with human rights participatory manner and included the active mechanisms (EA 6) involvement of representatives from different u Target not achievable within the biennium: directorates within the Ministry of Education and Progress towards the implementation of selected consultations with key actors, such as teachers, outstanding recommendations. students, principals, supervisors, parents, experts OHCHR increased the awareness of authorities and CSOs. The Plan complies with the on follow-up to international human rights recommendations from the first and second phases recommendations and the knowledge of civil of the World Programme for Human Rights society, the media and representatives of Education, the Vienna Declaration and Programme academia on the monitoring of Paraguay’s of Action and OHCHR guidelines. OHCHR provided implementation of its international obligations. technical support and training for the revision of the This was supported by OHCHR through, inter Plan and formulated recommendations, in alia, specialized training, as well as the compliance with international standards, that were establishment of a searchable internet portal integrated in the document. which compiles the international Congress adopted a law that approves the recommendations issued by international human establishment of a National Preventive rights mechanisms in relation to Paraguay. Mechanism in compliance with the Optional General public awareness was also increased Protocol to the Convention against Torture and through the dissemination of information, Other Cruel, Inhuman or Degrading Treatment or particularly in the areas of torture and the rights Punishment (OP-CAT). It is also considering the of indigenous peoples. harmonization of the definition of torture with u Target: 100 per cent of reports submitted by international standards. To advocate for adoption Paraguay (under the International Covenant on of the draft law, the Human Rights Adviser Economic, Social and Cultural Rights (ICESCR) disseminated the recommendations addressed to and UPR) in conformity with reporting guidelines. Paraguay by the Subcommittee on Prevention of The State’s report to the CESCR Committee was Torture and Other Cruel, Inhuman or Degrading submitted on time and in compliance with the Treatment or Punishment (SPT) as well as the reporting guidelines. OHCHR supported the international standards on torture through the positive involvement of different actors which distribution of publications related to the included a consultation session with civil society Convention against Torture and the OP-CAT. She organizations. The Human Rights Adviser also organized a seminar in Congress with the provided technical advice and carried out training Human Rights Network of the Executive Branch, activities on the reporting guidelines of treaty institutions involved in the implementation of the bodies. The UPR national report was presented to SPT recommendations and CODEHUPY the Human Rights Council in February 2011. The (a national network of non-governmental Human Rights Adviser supported the Government organizations (NGOs)). The Vice-President of the in the elaboration of the report, in particular, by SPT also provided support to the seminar and organizing a workshop to share regional highlighted good practices in the region. experiences with MERCOSUR countries. The UNCT was invited to participate in order to facilitate the involvement of UN programmes and agencies. A number of materials, including documents and a DVD on the UPR session on Paraguay, were prepared and issued by the Human Rights Adviser to promote follow-up to © OHCHR/Paraguay UPR recommendations.
Civil society engagement with human rights mechanisms (EA 7) u Target: Two substantive documents submitted to treaty bodies (the Committee on the Elimination of Racial Discrimination (CERD) and the Human Rights Council (UPR)). A total of 45 substantive documents were submitted to treaty bodies (10); special The Human Rights Adviser together with the Paraguayan President and other authorities at the presentation of the National Human procedures (22); and the Human Rights Council Rights Action Plan, December 2011. (13). The documents were submitted by the
298 OHCHR REPORT 2011 OHCHR IN THE FIELD: AMERICAS
national human rights institution, the Defensoría del Pueblo, (one); civil society organizations (36); and individuals (eight). As a further demonstration of the use of international human rights mechanisms by NGOs, recommendations © OHCHR/Paraguay from the Committee on the Elimination of Discrimination against Women (CEDAW) and the UPR were included in the National Human Rights Action Plan, on their request. OHCHR developed training modules to increase the knowledge and capacity of civil society organizations to prepare documents and reports to human rights mechanisms; advocated for the participation of NGOs in the reporting processes of the treaty bodies; and used country visits by Special Rapporteurs to increase civil society organizations’ knowledge of, and direct contact with, special procedures.
Human rights mainstreaming within the United Nations (EA 11) u Target: The UN guidelines on incorporating rights-based approaches have been used in the The Deputy High Commissioner visited an indigenous community UN policy on indigenous peoples living in during her mission to Paraguay, October 2011. voluntary isolation and by the UNDP programme on strengthening the Social Secretariat to a partial manner. Its objective was to obtain important results extent. in the area of human rights, while also helping The Human Rights Adviser participated in the different actors to work together. As an example of a preparation and delivery of a presentation at a lesson learned, this participatory process, which workshop convened by UNDP on indigenous resulted in agreements from a plurality and diversity peoples in voluntary isolation. UNDP was also of sectors, confirmed the importance of fostering and actively involved in several human rights events strengthening spaces of dialogue and articulation carried out by the Human Rights Adviser, such as that are needed for the exchange of different supporting the visits of the Special Rapporteurs perspectives in order to overcome difficulties faced on freedom of religion and on extreme poverty in the process. and human rights. This collaboration allowed for an exchange of ideas on how to better integrate a human rights-based approach into programmes and projects, including a project on agrarian In 2011, the Human Rights Adviser and her team carried out a number of activities to promote a human reform prepared by UNDP. rights culture in Paraguay. One of the activities was a photo contest entitled “It’s time to live our rights,” Challenges and lessons learned inspired by the Universal Declaration of Human Rights. The 12 selected photographs in three categories (children and adolescents, professional and Paraguay is a country with great potential to advance non-professional) will be published and disseminated the protection of human rights. Despite the through UN and Government documents, printed Government’s efforts and the active engagement of materials and multimedia tools. The winning photo civil society organizations, the country suffers from from the children and adolescent’s category was taken by a 13 year-old girl who lives in a shelter home. structural problems and practices, as well as weak Thanks to this event, which was attended by the institutional capacities, which in turn impinge on the Director of a well-known photography institute in possibility of achieving significant results. Due to Paraguay, the girl received a full scholarship to study these limitations, OHCHR decided to focus its professional photography at the institute. This shows strategic contribution on strengthening the Human one of the ways that the work of OHCHR and Rights Executive Network and elaborating the approaching human rights from different perspectives National Human Rights Action Plan and the National can create positive changes in the lives of people. Plan on Human Rights Education in a participatory
OHCHR REPORT 2011 299