OHCHR’S APPROACH TO FIELD WORK

OHCHR’s approach to field work

Background obstacles to the realization of human rights. Through its programmes in the field, OHCHR The work of human rights field presences on the likewise seeks to ensure that national authorities protection and promotion of human rights is carried and civil society actors have the capacity to out with support from OHCHR headquarters, in address human rights concerns and are better cooperation with UN partners in the field, informed about international human rights Government actors, regional organizations, civil standards and how to translate these into laws, society and national human rights institutions regulations and policies, ensuring that (NHRIs). In keeping with the coherence agenda of rights-holders are better protected and the UN, OHCHR provides senior United Nations empowered. In particular, OHCHR supports efforts officials of other entities with strategic advice to establish or strengthen justice and regarding human rights matters when they engage accountability mechanisms at national level, with particular Member States and regional including better monitoring and investigation and organizations. redress of violations of civil, political, economic, social and cultural rights. Based on dialogue with national counterparts, the Office’s activities at country level (through In 2011, OHCHR established, in agreement with the headquarters or field presences) aim at preventing Government, a Country Office in Tunisia and was and reducing human rights violations. This occurs laying the foundations for a Regional Office for mainly through strengthening national protection North Africa. OHCHR also deployed Human Rights systems, ensuring that Government authorities are Officers within the United Nations Support Mission aware of their human rights obligations, and in Libya (UNSMIL). At the end of 2011, OHCHR was designing effective remedies to overcome running or supporting 58 field presences. © OHCHR/Rajesh Gurung

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Types of field presences and thematic issues. In addition to the regional offices, OHCHR has regional centres that are established in accordance with General Assembly OHCHR field presences fall into two categories: resolutions and imbued with a specific mandate. stand-alone presences and collaborative arrangements. Regional offices and centres are funded by both the The first category comprises those offices, namely UN regular budget and voluntary contributions. country, stand-alone and regional offices, under the direct supervision of OHCHR. The second category OHCHR has 12 regional presences comprised of: comprises field presences with double reporting lines, 10 regional offices in East Africa (Addis Ababa), namely, human rights components of peace or political Southern Africa (Pretoria), West Africa (Dakar), missions who report to the Head of the mission and South-East Asia (Bangkok), the Pacific (Suva), the the High Commissioner and human rights advisers Middle East (Beirut), Central Asia (Bishkek), Europe (HRAs) in United Nations Country Teams (UNCTs) who (Brussels), Central America (Panama City) and South report to the UN Resident Coordinator and the High America (Santiago de Chile); a subregional centre for Commissioner.ThedecisiontoestablishanOHCHR human rights and democracy for Central Africa country, stand-alone or regional presence is made with (Yaoundé); and a Training and Documentation the concerned Government, taking into account the Centre for South-West Asia and the Arab Region overall human rights situation, security considerations, (Doha). A regional office for North Africa is expected the presence and role of other international actors on to be located in Cairo. Pending a final decision by the ground, as well as available human and financial the Egyptian authorities, regional activities are resources, administrative arrangements and the scope temporarily being conducted from Tunisia. of activities to be undertaken. Human rights components of United Nations Country and stand-alone Offices Peace and Political Missions

OHCHR country and stand-alone offices are established OHCHR supports human rights components of on the basis of a standard agreement between OHCHR peacekeeping and political missions by providing and the host Government. A mandate typically includes expert advice, technical assistance and functional human rights monitoring, protection, technical support on human rights issues. The Head of a cooperation activities and public reporting and is human rights component in a peace or political tailored to a specific country situation. These offices are mission is the representative of the High primarily funded through voluntary contributions. Commissioner for Human Rights in the mission country and has a dual reporting line: one to the OHCHR has 13 country or stand-alone offices, Head of the peace mission and one to the High namely, 11 country offices in Bolivia, Cambodia, Commissioner. Based on Security Council Colombia, Guatemala, Guinea, Mauritania, Mexico, resolutions, human rights components of peace Nepal, Togo, Tunisia and Uganda and two missions typically focus on: stand-alone offices in Kosovo and the Occupied u Observing, investigating, documenting and Palestinian Territory. The mandate of the Office in reporting on the human rights situation; Nepal was not renewed by the Government of Nepal u Ensuring that peace processes promote justice at the end of 2011 and the Office will therefore draw and equity; down its operations in early 2012. u Preventing and redressing violations of human rights, with a focus on the protection of civilians Regional Offices and Centres and transitional justice; u Building human rights capacities and institutions; Regional offices are similarly established on the basis and of an agreement with the host Government and in u Mainstreaming human rights into all UN consultation with other countries in the region. These programmes and activities. offices focus on cross-cutting regional human rights concerns and play an important role in supporting Most human rights staff in peace missions are Governments in their engagement with the UN contracted by the Department of Field Support human rights mechanisms (treaty bodies, special which services peacekeeping and special political procedures and Universal Periodic Review (UPR)). operations. OHCHR provides guidance and technical They work closely with regional and subregional advice to the human rights components, and intergovernmental organizations and with civil society. contributes to some technical cooperation activities Regional offices complement the expertise of OHCHR through its voluntary contributions. The Office also country offices by providing support on institutional participates in interdepartmental technical

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assessment missions for the design, establishment three Branches to allow a more thorough coverage and reconfiguration of peace operations. of geographic regions: the Americas, Europe and Central Asia Branch; the Asia-Pacific and Middle Fifteen UN peace missions incorporate human rights East Branch; and the Africa Branch. The Peace promotion and protection into their mandated work, Mission Support and Rapid Response Section, the namely in: Afghanistan, Burundi, Central African National Institutions and Regional Mechanisms Republic, Côte d’Ivoire, the Democratic Republic of Section and the Field Operations and Technical the Congo (DRC), Guinea-Bissau, Haiti, Iraq, Liberia, Cooperation Division (FOTCD) Universal Periodic Libya, Sierra Leone, Somalia, South Sudan, Sudan Review Team reinforce headquarters’ support to (Darfur) and Timor-Leste. the field and other UN partners on the ground. Internal coordination for country-based initiatives, Human Rights Advisers in United Nations including with the treaty bodies, special procedures, the Human Rights Council, the UPR Country Teams and thematic areas, has been further strengthened.

Human rights advisers are deployed at the request of UN Resident Coordinators on behalf of the UNCTs. Advisers assist the Resident Coordinators, Heads of Cooperation with Humanitarian UN agencies, and members of UNCTs to integrate Agencies human rights in their programming strategies and implementation and build and strengthen national human rights capacities. Other functions include: At global level, OHCHR integrates human rights u Advising and providing training to independent considerations and advocates for the adoption of a national human rights institutions; human rights-based approach (HRBA) into the u Advising duty-bearers on how to promote UN strategies and policies of humanitarian initiatives normative values; through its engagement in a number of u Building networks with, and providing practical inter-agency mechanisms. These include the support to, civil society actors; and Inter-Agency Standing Committee (IASC) and other u Providing operational support to human rights humanitarian processes, such as the IASC training and/or national capacity-building activities. Sub-Working Group on Preparedness and Contingency Planning, the Executive Committee Human rights advisers are normally funded through for Humanitarian Affairs, the Global Protection extrabudgetary contributions. In some instances, Cluster Working Group, the Humanitarian cost-sharing agreements have been concluded with Coordinators Group and the Protection Capacity UNDP and in other cases, these posts have been Steering Committee (ProCap). At field level, as a funded by the Action 2 programme (which has been member of Humanitarian Country Teams and superseded by the United Nations Development Protection Clusters, OHCHR is increasingly Group (UNDG) Human Rights Mainstreaming involved in humanitarian preparedness and Mechanism (UNDG-HRM) since November 2009). response activities in both conflict crises and natural disasters, including by participating in the OHCHR has 18 human rights advisers in Chad, development of Common Humanitarian Action Ecuador, Great Lakes (based in Burundi), Honduras, Plans, Flash Appeals and Consolidated Appeals Kenya, Madagascar, Moldova, Niger, Papua New Processes (CAPs). OHCHR’s participation in CAPs Guinea, Paraguay, Russian Federation, Rwanda, has benefited from more coordinated support from Serbia, Sri Lanka, the Southern Caucasus (based in headquarters and streamlining within budgetary Tbilisi and covering Armenia, Azerbaijan and and strategic planning processes. In addition, Georgia), Tajikistan, the former Yugoslav Republic of OHCHR currently leads inter-agency Protection Macedonia and Ukraine. Cluster efforts in Fiji, Haiti, Nepal, the Occupied Palestinian Territory and Timor-Leste, while field presences are active members in Protection Headquarters Support to Field Clusters in many other countries. In May 2011, Operations OHCHR endorsed an office-wide Strategy and four-year Action Plan for its engagement in At the end of 2011, 123 staff worked at humanitarian action to make the Office a more headquarters in the Field Operations and Technical predictable, timely and effective actor in Cooperation Division. The Division during the past humanitarian preparedness and response. year has fully implemented its new structure, with

OHCHR REPORT 2011 207 OHCHR IN THE FIELD: AFRICA OHCHR in the field: Africa

Type of presence Location In 2011, OHCHR continued to work in Africa Country offices l Guinea throughits23fieldpresencesandwiththesupport l Togo of a small team of approximately 19 professional l Uganda staff at headquarters. The presences are composed Regional offices l Central Africa (Yaoundé, Cameroon) of four regional offices or centres (West, Central, and centres l East Africa (Addis Ababa, Ethiopia) East and Southern Africa); three country offices l Southern Africa (Pretoria, South Africa) (Guinea, Togo and Uganda); six Human Rights l West Africa (Dakar, Senegal) Advisers (HRAs) within United Nations Country Human rights l Burundi (BNUB) Teams (UNCTs) (Chad, Great Lakes Secretariat components in UN l Central African Republic (BINUCA) (Burundi), Kenya, Madagascar, Niger and Rwanda); peace or political missions l Côte d’Ivoire (ONUCI) and 10 human rights components within UN peace l Darfur (UNAMID) or political missions (Burundi, Central African l Democratic Republic of the Congo (MONUSCO) Republic, Côte d’Ivoire, Darfur (Sudan), Democratic l Guinea-Bissau (UNIOGBIS) Republic of the Congo (DRC), Guinea-Bissau, l Liberia (UNMIL) Liberia, Sierra Leone, Somalia and the Republic of l Sierra Leone (UNIPSIL) South Sudan). OHCHR has continued providing l Somalia (UNPOS) support to the UN Office for West Africa (UNOWA). l Sudan (UNMIS) - South Sudan (UNMISS) From headquarters, the Africa Branch provided Human rights l Chad substantive, technical and administrative support to advisers to UN l Great Lakes Region (Bujumbura) Country Teams all the presences. It also supported the work of the l Kenya Independent Experts on the human rights situations l Madagascar in Côte d’Ivoire, Somalia and the Sudan as well as l Niger the Independent Commission of Inquiry established l Rwanda by the Human Rights Council to investigate the

208 OHCHR REPORT 2011 OHCHR IN THE FIELD: AFRICA facts and circumstances surrounding the allegations Country Offices of serious abuses and violations of human rights committed in Côte d’Ivoire following the presidential elections of 28 November 2010. Guinea (Conakry)

Throughout the year, OHCHR worked to promote Year established 2010 andprotecthumanrightsinanenvironmentwhich Staff as of 31 December 2011 5 includes a wide range of countries that share many Expenditure in 2011 US$1,295,978 similar human rights experiences and challenges, yet also have fairly significant differences. While a few countries continued to make steady progress Background towards democratization and the consolidation of human rights during this period, there were ups In 2011, the situation in Guinea was marked by and downs in some, with noticeable deterioration several political developments, especially the in others. Among the common human rights beginning of a transition to a new Government challenges and trends were: a) profound violence expected to tackle challenges such as impunity, against civilians and other vulnerable groups, often poverty, corruption, national reconciliation and associated with conflict; b) sexual and human rights abuses. As part of this political gender-based violence (SGBV), including in the transition, it was envisaged that the 2010 Presidential context of armed conflict; c) the suppression of elections would be followed by parliamentary freedoms and rights, usually in connection with elections and that Parliament would then undertake political contests and elections; d) persistent the necessary institutional and legislative reforms. patterns of discrimination on the basis of ethnicity, Parliamentary elections, however, have not been held gender and religion; e) arbitrary arrests, detentions because of disagreements between the governing and extrajudicial killings; f) absence of the rule of party and the main opposition parties over the law and lack of due process; and g) denial of basic timetable for legislative elections and related issues. economic and social rights. In several countries in Nevertheless, the human rights situation in Guinea the region, the impact of the global economic and has improved since the post-electoral crisis that took financial crises added to already high levels of place at the end of 2010. The Government has taken poverty and the denial of economic and social some steps towards reform of the security and judicial rights with high levels of unemployment, cutbacks sectors and general institutional reform. in basic social services and deepening of poverty Notwithstanding this progress, some of the structural and inequality. In the Horn and Eastern Africa, the and institutional impediments remain in place, prolonged drought and food crises further including the persistence of impunity and weaknesses aggravated the situation. in the judicial sector as well as more generally in the national human rights protection framework. In parallel, progress has been achieved towards the establishment of regional and subregional human The OHCHR Office in Guinea has a comprehensive rights and justice institutions and in the mandate which covers technical cooperation, implementation of decisions in a number of monitoring and protection functions throughout the important cases. Many Governments increased their country. The Office is comprised of headquarters in engagement with OHCHR and the treaty body Conakry and one subregional office in Nzerekore. system. Several of these Governments created The major areas of activities include technical support interministerial committees to coordinate their in the establishment of a national human rights treaty body reporting which enabled them to make institution (NHRI), a Truth and Reconciliation progress in fulfilling their reporting requirements. Commission, security sector reform, administration of The impact of these achievements will largely justice and engagement with human rights depend on progress made in implementation. The mechanisms. To this end, the Office closely Universal Periodic Review (UPR) process continued cooperated with the Government by providing to raise the profile of human rights among many technical assistance and organizing seminars to build States. While this is a welcome trend, the the capacity of actors and stakeholders. It also implementation of recommendations and their ensured the presence of a human rights-based impact on the ground will have to be measured approach in the Common Country Assessment and over time. the United Nations Development Assistance Framework (CCA/UNDAF). In order to respect its monitoring mandate, the Office monitored and reported on the human rights situation of the country.

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Results © OHCHR/Guinea

National laws, policies and institutions (EA 1) u Security forces in five regions of the country have shown an improvement in crowd control techniques which has led to less confrontation with the population and a reduction in casualties caused by law enforcement agents. OHCHR has contributed to this improvement by training 250 police, gendarmes, customs officers and soldiers on human rights and law enforcement. Participants have continued restitution in their Workshop on the establishment of a national human rights various units and a human rights component has institution in Guinea, August 2011. been included in the courses of some military schools. standards and methods of monitoring and u The Conseil National de la Transition reviewed reporting on human rights violations. A closer draft legislation on the establishment of a NHRI. partnership with civil society enabled a OHCHR provided technical assistance, made continuous flow of accurate information and comments on the draft law and organized a reports, especially from the interior of the country workshop for actors and stakeholders on the where OHCHR does not have a presence. process of establishing a NHRI based on the Paris Principles. The draft legislation incorporated the State engagement with human rights recommendations of the workshop and has been mechanisms (EA 6) submitted to the President for promulgation into u The plan of action to implement UPR law. It is expected that the law will be adopted in recommendations has been adopted and will be 2012. disseminated across the country in 2012. This plan of action takes into consideration Access to justice and basic services (EA 4) recommendations issued by human rights treaty u Through grants received from the UN Voluntary bodies. It also incorporates the country’s national Funds for Victims of Torture (UNVFVT), three local plan of action for the promotion and protection non-governmental organizations (NGOs), namely: of human rights for the period 2012-2015. Association des victimes et des parents du massacre OHCHR organized several workshops during du 28 septembre 2009 (AVIPA); Même droits pour which the plan of action was drafted. tous (MDT) and Centre Mère et Enfants (CME), were able to provide assistance to victims of Responsiveness of the international community torture. AVIPA is currently assisting victims, (EA 10) including girls and women who were raped by u The Office regularly briefed the diplomatic corps soldiers in the stadium and in captivity in the and other international partners on the human camp, to find revenue-generating activities that can rights situation in the country. The information help facilitate their reintegration into the society. enabled members of the diplomatic corps to The Centre Mère et Enfants offers medical and assist the victims of the September 2009 massacre psychosocial care to victims of sexual violence. and allowed the international community to Several victims of the September 2009 events still provide the Government with strategic advice for suffer from physical and mental trauma. The the implementation of recommendations project provides medical tests for rape victims, stemming from the Commission of Inquiry’s hospitalization and treatment. OHCHR was report. instrumental in assisting these NGOs to apply for and secure the funds from the UNVFVT. Challenges and lessons learned

Participation (EA 5) The persistence of impunity constitutes a major u The National Reconciliation Commission began challenge to the respect for human rights in Guinea. its transitional justice processes with The International Commission of Inquiry dispatched consultations. OHCHR-Guinea provided technical by the Human Rights Council in December 2009 advice to the Commission and organized recommended that the perpetrators of human rights capacity-building workshops for civil society in violations on 28 September 2009 be brought to Labe, Nzerekore and Mamou, where participants justice. Despite the Government’s appointment of a were trained on international human rights pool of three judges, none of the alleged

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perpetrators cited in the Commission’s report have Togo been prosecuted. Numerous challenges remain for the judges and OHCHR is advocating for a Year established 2006 continuation of the investigations. Staff as of 31 December 2011 7 Expenditure in 2011 US$1,477,667 The transitional justice process, which was expected to gather speed after several declarations by the President, appears to have stalled. OHCHR provided Background technical assistance to the Provisional National Reconciliation Commission and expects a better The peace and reconciliation process that was commitment to the process of national reconciliation initiated in 2006 with the Global Peace Agreement in 2012. This is expected to improve the tense (GPA), which aimed at putting an end to the political political dialogue that took place during the year. and ethnic tensions and repeated outbursts of The transition process has also been delayed as a violence, stayed on course despite many challenges. result of a political impasse between the The work of the Truth, Justice and Reconciliation Government and the opposition and due to divisions Commission (TJRC) made notable advances, between the parties on the modalities for holding of including the conclusion of the phase of the public legislative elections. audiences in all parts of the country by the end of 2011. Its final report is due in March 2012. The In addition, the Government has expressed its will to constitutional and institutional reform process and establish an independent, statutory NHRI in the modernization programme of the justice system accordance with internationally recognized standards have yet to be completed. The local elections for national human rights institutions. This will initially planned for 2011 were postponed until 2012. require further monitoring and assistance by the Advances in the field of human rights and financial Office in 2012. and economic areas allowed the Government of Togo to benefit from renewed engagement with its Guinea: Expenditure in 2011 main development partners as well as major debt Regular budget Extrabudgetary relief, encouraging the Government to work towards expenditure expenditure poverty reduction and the attainment of the in US$ in US$ Millennium Development Goals (MDGs). Personnel and - 664,135 Constitutionally guaranteed freedoms of assembly related costs and the press are generally respected. Civil society Consultants - 9,528 organizations (CSOs) freely engage in human rights Official travel - 44,299 activities and the Government has acknowledged Contractual services - 27,167 their constructive contribution. The harmonization of General operating - 131,431 national legislation and policies with human rights expenses norms and building the necessary capacity of State Supplies & materials - 229,323 entities and civil society actors remain critical tasks. Seminars, grants & - 41,000 contributions The OHCHR Office in Togo focused its interventions Subtotal - 1,146,883 on several priority areas. It continued to provide the Programme support 149,095 TJRC with substantial technical advice and training costs and encouraged the strong involvement of civil GRAND TOTAL - 1,295,978 society. It closely cooperated with the Government to prepare Togo’s report under the UPR mechanism, assisting with training on the drafting of the national Continuous advocacy by OHCHR led to the report in a broad and participatory process. The prosecution of the Governor of Conakry City for human Office also coordinated a common submission of the rights violations; notably allegations of arbitrary UN system in Togo and extended guidance to CSOs arrests and detentions and threats against human for the drafting of a joint stakeholder contribution. It rights defenders. The trial was considered as an participated in the justice modernization programme emblematic case as it was the first time in the through the organization of two comprehensive country’s history that an authority of this rank was training programmes on human rights norms in the tried for a human rights violation. It is also considered administration of justice. In line with its mandate, the as a step towards real independence of the justice system in Guinea. Office continued monitoring the human rights situation, shared its concerns with authorities and trained national non-governmental organizations

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(NGOs) in monitoring techniques. In various d’Assises is a special, non-permanent court with working groups of the United Nations Country Team the competence to judge criminal offenders with (UNCT), the Office provided guidance on a human two seats in Lomé (18 and 15 cases) and one in rights-based approach, particularly in relation to the the Kara (15 cases) region. The Court generally elaboration of a new United Nations Development only sits once a year in each region. Assistance Framework (UNDAF) (2013-2017). Justice and accountability mechanisms (EA 3) Results u While the authorities were generally open and cooperative in 2011, the Office did not gain National laws, policies and institutions (EA 1) access to the nine detainees being held in u In May 2011, a draft law on public gatherings and relation to the 2009 coup attempt at the National demonstrations was adopted by Parliament and Intelligence Agency (ANR); despite a series of signed by the President of the Republic. The first initiatives that were undertaken at the local and draft text proposed by the Government after a headquarters levels, particularly in light of workshop co-organized with the Office in repeated allegations of torture. In May 2011, the December 2010, which included a restricted Office participated in a meeting of human rights number of participants, caused significant public defender organizations with the Ministers of criticism. A second workshop held in March 2011, Human Rights and Justice regarding the torture which included the broad participation of CSOs allegations. The issue of torture was also raised, and political parties as suggested by the Office, respectively, by the Committee against Torture resulted in a largely consensual draft. The Office and the Human Rights Committee in March 2011. maintained that the Law should be in line with The trial took place in October 2011 and was the principles and provisions of the International closely monitored, documented and analysed by Covenant on Civil and Political Rights (ICCPR) Office staff. Among the defendants, all of those and take into account the concluding who had been held briefly or throughout their observations issued by the Human Rights detention at the ANR indicated they had been Committee after its examination of Togo’s fourth submitted to various forms of bad treatment or periodic report. The new Law guarantees the torture. As a result of the systematic torture right to public gatherings, provided that the allegations raised during the trial, the authorities are informed at least five days ahead Government asked the National Human Rights of the event, instead of the previous practice of Commission (CNDH) to conduct an investigation. requiring authorization through a ministerial The report was issued in February 2012. decree. The Law does not exclude normal u Over 60 individual complaints were received by workdays for such initiatives. OHCHR-Togo and several of them were resolved u As a result of separate funding received from the through legal advice or the good offices of Regular Programme of Technical Cooperation, OHCHR with relevant authorities. The the Office, in collaboration with the Justice and Gendarmerie, justice and security ministries Security Ministries, carried out a training regularly extended their cooperation to the programme for magistrates and criminal Office, although by the end of 2011, some investigative police officers on human rights particularly emblematic cases were still pending norms in the administration of justice. An average (Agbobli/2008, Tudzi/2005 and others). of 40 participants participated in six 4-day u Although not at the pace anticipated, the TJRC sessions in the five regions of Togo, the last of achieved significant progress during the year. which was held in the capital Lomé. This Based on the accounts of witnesses and received programme was the first of its kind to bring testimonies, the TJRC carried out investigations together magistrates and criminal investigative and organized public and private audiences police officers to jointly discuss the daily throughout the country. Altogether, 424 public challenges faced in the performance of their hearings were conducted, including 28 behind duties and the need to apply correct legal closed doors, 51 in private and five through procedures in compliance with human rights law. video conferencing. Several factors made the These trainings contributed to enhancing the work of the TJRC particularly challenging, notably capacity of magistrates and criminal investigative the refusal of the political opposition to support police officers to apply human rights norms in its work and its inability to summon witnesses by their work. subpoena or grant amnesties. u To address the backlog of criminal cases awaiting u Throughout the year, the Office continued to trial, three special sessions of the Cour d’Assises provide advice and guidance to the TJRC on were held thanks to the financial support of the strategies, planning, administration, Office to the Ministry of Justice. The Cour implementation and multifaceted training. It also

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supported the important civil society platform The Office engaged in follow-up on the established to support Togo’s transitional justice recommendations of the UPR which were used as process, particularly in view of the ongoing a guidance tool for the elaboration of the annual political tensions. The Office provided substantial workplan 2012. training to TJRC staff recruited for the analysis of more than 20,000 collected testimonies, those Human rights mainstreaming within the United recruited for the subsequent investigations and Nations (EA 11) TJRC members in preparation of the public u The Office ensured that UN agencies applied a hearings. Ahead of the hearings outside the human rights-based approach in planning their capital Lomé, the Office mobilized, sensitized and programmes. To this effect, OHCHR-Togo trained regional civil society networks, including continued to lead the UNDAF working group on by involving local radio stations to ensure the the promotion of good governance and human broadest possible popular awareness and rights. participation in a challenging political environment. At the end of November, the Office Challenges and lessons learned provided major assistance to the TJRC in the organization and implementation of a three-day While the political environment and its limited workshop on the issue of reparations for victims mandate did not facilitate the work of the TJRC, it of political violence and human rights violations. did demonstrate the importance of overcoming past More than 60 representatives from Government, injustices and abuses and the need to strengthen the State institutions and CSOs participated. rule of law and democracy. The Government’s support for the TJRC has been an essential factor in Participation (EA 5) this context. In its final report, the Commission is u Approximately 30 NGOs in Togo’s northern and expected to establish responsibilities, suggest forms southern regions monitored public protest of reparations for victims and formulate proposals on demonstrations and observed trials, mainly in the how to promote reconciliation and peaceful capital Lomé, following two 3-day workshops development, including constitutional and during which the Office trained NGOs on the institutional reforms. The full engagement of the techniques of human rights monitoring. During Office in support of the TJRC has been an important the demonstrations and trials, NGO contribution to the results achieved, including by representatives wore jackets provided by the facilitating broad-based civil society involvement. Office to allow them to be clearly identifiable as human rights observers. In a context of protracted political tensions, with brief periods of time between the elections that State engagement with human rights regularly revive them, it is challenging to create a mechanisms (EA 6) sustainable human rights-sensitive environment and u In 2011, Togo successfully participated in the measure the effective impact of OHCHR’s Universal Periodic Review (UPR) process. Togo interventions. accepted most of the 133 recommendations made by Member States, except those recommending Togo: Expenditure in 2011 ratification of the Rome Statute of the Regular budget Extrabudgetary International Criminal Court and calling for the expenditure expenditure decriminalization of same-sex relations. The in US$ in US$ Government prepared the national UPR report Personnel and related costs - 568,018 with broad participation from civil society, Consultants - 151,222 including those from the interior of the country. Official travel - 78,914 The Office and the Human Rights Ministry co-organized various sensitization and Contractual services - 134,684 information workshops, including with the media General operating - 134,793 expenses and CSOs. Two workshops were organized outside Lomé in order to solicit contributions Supplies & materials - 109,174 from local CSOs and other actors for the national Seminars, grants & - 130,865 contributions report. A two-day national validation workshop took place in June. The Ministry also benefited Subtotal - 1,307,670 from a five-day review workshop with an expert Programme support costs 169,997 team dispatched by the Organisation GRAND TOTAL - 1,477,667 Internationale de la Francophonie in May 2011.

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Uganda in Northern Uganda, is monitoring the human rights situation and acts as a link between national actors Year established 2005 and the international human rights system by Staff as of 31 December 2011 50 enhancing knowledge and raising awareness about international human rights standards, sharing best Expenditure in 2011 US$2,950,449 practices on the promotion and protection of human rights and extending technical assistance and Background capacity-building to national actors, especially the Uganda Human Rights Commission (UHRC). The 2011 general election in Uganda was conducted in relative peace, marking an improvement over past Results elections. Legal and technical shortcomings and voter bribery, however, affected the freeness and fairness of National laws, policies and institutions (EA 1) the process. The post-electoral period was marked by u Target not achievable within the biennium: The a protest named “Walk to Work,” in response to the UPDF and police increasingly comply with rising cost of living in Uganda. The protests were international human rights standards in declared unlawful and security forces responded with handling civil and political rights (personal excessive use of force resulting in violations of the security, bodily integrity and public freedoms), right to life, liberty and security of the person. including in relation to the Karamoja Disarmament process and the political context Uganda was reviewed under the Universal Periodic before, during and after elections. Review (UPR) in 2011 with many civil society Through various trainings on human rights organizations (CSOs) as well as the United Nations protection, law enforcement and monitoring during Country Team (UNCT) submitting stakeholder reports. elections, the UPDF and police have begun to The Government presented its report to the Human comply with international human rights standards in Rights Council with voluntary pledges, including the handling civil and political rights (personal security, creation of a follow-up mechanism and the bodily integrity and public freedoms), including in development of a national human rights action plan. relation to the Karamoja Disarmament process and the political context before, during and after In Northern Uganda, the Government and elections. The UPDF in Karamoja is now rolling out international actors are discussing a second phase of its own training for Local Defence Units (LDUs) and the Peace Recovery and Development Plan. Key UPDF command based on material provided by issues regarding the enjoyment of the right to health, OHCHR and UHRC. education, housing and access to land for returnees u Target: Legislation or policies in three areas (law and remaining internally displaced persons (IDPs) enforcement, in particular torture, public order are still of concern and linked to major problems in management; non-discrimination, in particular access to justice and the effective implementation of disability, HIV, gender, lesbian, gay, bisexual and Government programmes. During 2011, the Justice transgender (LGBT) issues; and social development Law and Order Sector implemented consultations on and health) which are increasingly compliant with a transitional justice policy to respond to the rights international human rights standards. of victims to reparation, truth and justice. In the area of law enforcement, OHCHR provided legal analysis on human rights compliance of In Karamoja, the Uganda People’s Defence Force both the Prohibition and Prevention of Torture (UPDF) is gradually handing over law enforcement Bill and the Public Order Management Bill. The operations to the Uganda Police Force. Nevertheless, Anti-Torture Bill complies with international the Office continues to document cases of arbitrary standards as a result of a drafting process and detention, torture and extrajudicial killings, which consultations led by the National Coalition against remain as serious human rights concerns. In 2011, Torture, comprised of CSOs and the UHRC. The the UPDF, in order to comply with a 2009 Public Order Management Bill tabled by the Constitutional Court ruling, issued a directive to Government generally fails to comply with cease trials of civilians in court martial. While a international human rights standards on public positive development, the transfer of cases to the freedoms and the use of force and firearms. The ordinary justice system presents several challenges. Bill was tabled in Parliament without previous consultation. OHCHR provided comments to the The OHCHR-Uganda Country Office mandate was Parliamentary Committee and expects the Bill to renewed in October 2011. The Office, which is be amended upon second reading. headquartered in Kampala and has four sub-offices OHCHR analysed and provided comments on the

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Though the PSU does not yet have the tools or resources to address human rights violations, a human rights desk has been tasked with opening internal investigations on reported human rights

© OHCHR/Uganda violations. Following allegations of human rights violations, OHCHR established regular monitoring of the Rapid Response Unit (RRU) of the UPF and liaised with the RRU authorities on the progress of the cases of the detainees, facilitated access to medical treatment, the release of foreign citizens and communication between family members, lawyers and consulates when requested. Workshop conducted by OHCHR staff in Uganda. u Target: Increased compliance of the local council courts (LCCs) with international human rights compliance with international standards of the three standards. discrimination-related laws pending before OHCHR monitored the functionality and procedures Parliament, namely the Anti-Homosexuality Bill, the applied by LCCs and piloted a mapping exercise of HIV/AIDS Bill and the amendment of the Disability 21 local council courts in northern Uganda, Lango Act. The Anti-Homosexuality Bill is contrary to the Karamoja and Teso. As a result of training on principle of non-discrimination as it criminalizes applicable human rights standards provided by sexual orientation and gender identity, imposes the OHCHR in Lango, the quality of LLC cases that are death penalty for aggravated homosexuality, heard on appeal by the Magistrates Courts has criminalizes by association the interventions of improved. In particular, in four districts in Lango human rights defenders and conflicts with the and Teso, the local Government took action to fulfil international treaty obligations of Uganda. The draft theirrolewithregardtoLCCs. amendment of the Disability Act largely took into account key aspects of protection, personal Justice and accountability mechanisms (EA 3) autonomy and confidentiality principles. u Target not achievable within the biennium: The level The Draft Bill on Mental Health was substantially of compliance of one institution (the International reviewed based on the recommendations of Crimes Division) with international human rights OHCHR and civil society. standards has significantly improved. u Target not achievable within the biennium: A Technical Task Force on Witness Protection District authorities incorporate a human Guidelines was established under the International rights-based approach (HRBA) in the formulation Crimes Division (ICD). OHCHR elaborated the first of their district plans. draft of the Witness Protection Guidelines and Following the training and advocacy work by provided technical assistance with the help of an OHCHR, by the end of 2011, officials in 21 international consultant. The draft is under revision. districts had committed themselves through Beyond the specific target, OHCHR achieved declarations and action points to integrate human progress on the planned result (“Relevant rights norms and principles in their district practices, laws and policies establishing development plans and programmes. Follow-up reparations, reconciliation and victims and witness to activities showed progress in the integration of protection are in compliance with international HRBA. Due to training provided by OHCHR, human rights standards”) in the following areas: CSOs developed their capacity to monitor the ! The Uganda Law Reform Commission human rights aspects of district plans and (ULRC) convened, with OHCHR, two key committed themselves to participate in the workshops on witness protection targeting planning process. practitioners and high-level Government u Target: The Professional Standards Unit is representatives of the justice sector. These functioning to some extent in the area of forums provided inputs into the current investigation in cases of human rights violations. draft Witness Protection Bill which was OHCHR sensitized the specialized Units of the developed and validated by stakeholders at police on the importance of investigating human a national event. rights violations committed by the police. The ! In addition, OHCHR partnered with the Justice Professional Standard Unit (PSU) of the Uganda Law and Order Sector and the Judicial Studies Police Force (UPF) was created in 2007 as an Institute to convene a judicial colloquium on internal disciplinary administrative mechanism. witness protection in a transitional justice

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context. A taskforce on witness protection has will consist of the UPDF legal directorate, the been created as a result of the conference. court martial administration, Uganda police, the ! The Uganda Human Rights Commission carried Directorate of Public Prosecutions and the out field consultations in collaboration with prisons service. As the transfer is still being rolled OHCHR on reparations and remedies for victims out, certain procedural questions and concerns of the armed conflict. The thematic report was remain. This represents a timely opportunity for launched in 2012 and will contribute to national OHCHR and UHRC to undertake a joint project in discussions on transitional justice. The Northern 2012 to monitor the transfer process, assess its Uganda Coalition on Truth Telling and compliance with due process guarantees and Reparations was established and civil society recommend good practices. revised the National Reconciliation Bill. OHCHR funded the Coalition and provided State engagement with human rights training and technical assistance to conduct mechanisms (EA 6) consultations with victims on the impact of the u Result for which no target was set: The Ministry of conflict on the life of survivors and develop a Gender, Labour and Social Development (MGLSD) report and strategy for an advocacy campaign. developed culturally accessible communications OHCHR provided input into the National on key recommendations from the Committee on Reconciliation Bill. the Elimination of Discrimination against Women u Target not achievable within the biennium: The (CEDAW). OHCHR designed and implemented judiciary and traditional justice mechanisms this project with the Ministry in three districts. increasingly address rights protection needs for MGLSD is developing a programme for action Internally Displaced Persons, especially extremely which should strengthen coordination of the vulnerable individuals (EVIs, women and implementation of CEDAW recommendations. juveniles) in accordance with international OHCHR provided technical support to this human rights standards. process. The initial State Party report under the Awareness was raised within the District Human International Covenant on Economic, Social and Rights Promotion and Protection Subcommittee Cultural Rights (ICESCR) was elaborated (24 years (DHRPP), District Coordination Committee (DCC), overdue) and is now in its final phase under the Child Protection and Gender-Based Violence lead of MGLDS and the Ministry of Foreign Affairs. Working Group on the need for traditional justice OHCHR participated in the process for several mechanisms to address the right to protection of years and provided technical assistance on data IDPs, EVIs, women and juveniles. OHCHR collection and reporting guidelines. contributes regularly to these stakeholder meetings with technical advice, guidance and Civil society engagement with human rights advocacy on human rights issues. In particular, mechanisms (EA 7) the following results can be mentioned: u Result for which no target was set: OHCHR ! After a meeting with the Lango Cultural assisted in the submission of communications to Foundation, the rights of children subjected to special procedures of the Human Rights Council forced marriage were raised. An outreach and gathered relevant information on the basis of strategy for sensitization of the communities is its monitoring mandate. now underway. ! The Grade II Magistrates in Soroti and Lira Responsiveness of the international community granted the unconditional release of, (EA 10) respectively, 15 out of 22 and two out of u Result for which no target was set: The seven street children, following a joint international community, Resident Coordinator of intervention of OHCHR and UHRC on the UNCT and civil society actively engaged with arbitrary detention of children. the Government to hold accountable those police u Result for which no target was set: In September officers accused of committing human rights 2011, the UPDF administration announced the violations during the Walk to Work protests. end of trials of civilians in Uganda’s military OHCHR contributed to this result by publishing courts and issued a directive to transfer all two press statements immediately after the events pending cases to civil courts. OHCHR had raised on the observed human rights concerns and held the issue on several occasions. A total of 367 high-level meetings with the Government (UPF, cases from the court martial system were handed MFA) and members of the international over to the ordinary justice system. An community (Ambassadors, the Justice Law and inter-institutional task force has reportedly been Order Sector, Development Partner Working established to oversee the transition process, and Group). The public visibility of OHCHR-Uganda

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while monitoring the Walk To Work protests, Regional Offices and Centres combined with the clear policy position of the Office on the events, strengthened the relationship with civil society. United Nations Centre for Human Rights and Democracy in Central Africa/OHCHR Challenges and lessons learned Central Africa Regional Office (Yaoundé, Cameroon) OHCHR found that there is a legal and policy gap in holding security forces accountable for human rights Year established 2001 violations, in particular with reference to the use of force. Legislative reform is needed to clearly indicate Staff as of 31 December 2011 14 accountability mechanisms, define substantive areas Expenditure in 2011 US$1,751,556 of accountability and provide for the effective investigation of, and sanctions for, human rights Background violations. In particular, although the Government acknowledges human rights violations occurred The year 2011 was an electoral year in the during the Walk to Work events and granted subregion, with local, legislative and presidential OHCHR access to information, police investigations elections being conducted in Cameroon, the Central have not focused on human rights violations and African Republic, Chad, the Democratic Republic of have rendered few results. Congo, Gabon and Sao Tomé and Principe. Although most of the elections took place in a OHCHR will work to build stronger partnerships relatively calm atmosphere, they were also with Parliament and the media to deliver key characterized by the reinforcement of existing messages on international human rights standards regimes in power, voter apathy and low turnouts, as more effectively and link such messages to national well as alleged irregularities. Discrimination objectives related to good governance, the rule of continued to be a major problem in the subregion, law, development, democracy and human security. including against sexual minorities, persons with disabilities and indigenous peoples (IPs). Human While lead Ministries increasingly committed rights activists working on issues related to sexual themselves to working on treaty body reporting, orientation faced arbitrary arrests and detention, important gaps remain in terms of communication discrimination, intimidation and harassment, as well and inter-institutional coordination for the collection as violations of their right to privacy. and evaluation of information, the integration of human rights-relevant indicators in planning tools During the reporting period, many countries of the and follow-up on recommendations. The UPR is a subregion engaged in strengthening implementation key tool to assist the Government in achieving of their international human rights commitments. All further progress. Central African States participated in the Universal Periodic Review (UPR) process, and in several States, Uganda: Expenditure in 2011 national follow-up processes have been adopted as Regular budget Extrabudgetary best practices in other regions. Efforts to implement expenditure expenditure in US$ in US$ UPR recommendations included the establishment of national dialogue with civil society, the identification Personnel and - 1,517,405 related costs of priority actions and the creation of new partnerships with United Nations Country Teams Consultants - 101,714 (UNCTs) and bilateral development partners. Official travel - 107,092 Countries in the subregion also considerably Contractual services - 86,430 increased their collaboration with the special General operating - 412,340 procedures of the Human Rights Council. expenses Supplies & materials - 181,260 By virtue of its unique dual mandate (human rights Seminars, grants & - 204,776 and democracy), the Regional Office for Central contributions Africa (CARO) works for the promotion and Subtotal - 2,611,017 protection of human rights and democracy through Programme support 339,432 advocacy, lobbying, dialogue, technical assistance costs and advisory services extended to Governments, GRAND TOTAL - 2,950,449 parliaments, national human rights institutions

OHCHR REPORT 2011 217 OHCHR IN THE FIELD: AFRICA © OHCHR/Central Africa

Meeting of civil society representatives to discuss the human rights implications of the Presidential elections in Cameroon.

(NHRIs), election management bodies, UNCTs, civil subregion. society organizations (CSOs) and the media. Though In Cameroon, the National Police Training the Office covers the 10 Member States of the Institute and the National Prison Administration Economic Community of Central African States Institute institutionalized human rights training in (Angola, Burundi, Cameroon, Central African their curricula, following the Office’s advocacy, Republic, Chad, Congo, Democratic Republic of the technical advice and training of trainers. Similar Congo, Equatorial Guinea, Gabon, Sao Tomé and discussions are underway in Equatorial Guinea. Principe) and Rwanda, it has focused its activities on u Target: The NHRI works in conformity with the countries in the subregion without human rights international standards in Cameroon to a high field presences, namely: Cameroon, Congo, degree. Equatorial Guinea, Gabon and Sao Tomé and The Office facilitated and funded technical Principe, as well as Chad (after MINURCAT's advisory services and training for Cameroon withdrawal). NHRI commissioners and staff to, inter alia, more effectively address individual cases alleging The Office forged strong working relations with the human rights violations. As a result, newly established United Nations Office for Central commissioners and staff of the NHRI acquired Africa (UNOCA) in Gabon and continued close skills in human rights monitoring and have a cooperation with UNCTs in Cameroon, Congo, better knowledge on how to handle and respond Equatorial Guinea, Gabon and Sao Tomé and to individual complaints. Principe, including within the framework of various u Target: NHRI works in conformity with United Nations Development Assistance Framework international standards to some extent in Gabon, (UNDAF) processes which reflected human rights the Republic of Congo and Sao Tomé and and human rights-based principles to ensure Principe. maximum impact of the work of UN agencies, funds Thanks to advocacy efforts by the Regional Office and programmes. for Central Africa, Gabon has undertaken important steps to operationalize its national Results human rights commission. The members of the Commission have been appointed and a review National laws, policies and institutions (EA 1) of the law establishing the Commission is u Target not achievable within the biennium: envisaged to make it compliant with the Paris Institutionalization of human rights training for Principles. In Congo, CARO organized a seminar law enforcement professionals and prison for NHRIs to sensitize stakeholders on the steps administration officials in some countries of the needed to ensure compliance of their NHRI with

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the Paris Principles (currently accredited with “B” undertaken to sensitize civil society and the status). As a result, the Government has taken media. Following joint advocacy efforts by and steps to review the current law establishing the technical advice from the Office, the Special Commission to ensure its full compliance with Rapportuer on indigenous peoples and the the Paris Principles. With the technical assistance UNCT, a national law on the rights of indigenous from, and advocacy efforts by, the Office, the peoples was adopted in Congo. The law is fully Government of Sao Tomé and Principe has taken compliant with international human rights steps to establish an independent national human standards and is the first of its kind in Africa. rights commission that is compliant with the Paris The Office raised awareness of the human Principles. rights-based approach to migration and trafficking u Target not achievable within the biennium: through advocacy and subregional workshops. Increased compliance of legislation/policy with Initiatives are underway at the subregional and international human rights standards in relation national levels to ensure that legislative and to economic, social and cultural rights (ESCR). policy frameworks integrate the principles and The Office's work in the area of economic, social guidelines concerning human rights and and cultural rights began in 2011. Civil society trafficking in persons in Cameroon, Congo, organizations and public administration officials Equatorial Guinea and Gabon. Following a from seven Central African countries were trained subregional dialogue on migration and human in ESCR and the application of a human rights organized by the Office, the Ministry of rights-based approach (HRBA) to budgeting and Territorial Administration of Cameroon has monitoring, including in relation to women's requested specialized training on human rights rights. It is anticipated that national follow-up and migration for immigration officials. Training activities in 2012 in at least two countries of the on human rights and migration for subregion will lead to institutional, legal and/or Equatoguinean security forces was postponed policy changes at the national level. until 2012. Thanks to advocacy efforts undertaken u Target: The level of compliance of two institutions by the Office, the United Nations Standing (election management body and Parliament) with Advisory Committee on Security Questions in international standards in the area of elections Central Africa (UNSAC) placed the issue of has significantly improved in Cameroon. trafficking in persons on its agenda. The national elections management body In Gabon, a workshop was organized with (Elecam) remained under the control of the Disabled People’s Organizations in order to build Government and its independence and credibility their capacity on the content of the Convention were consequently questioned during the on the Rights of Persons with Disabilities (CRPD) elections. Following OHCHR’s joint advocacy and the role of its treaty body. The Gabon NHRI efforts with Sightsaver, Elecam undertook a was proposed as a coordination organ. In number of initiatives on behalf of persons with Cameroon, PWDs were sensitized about the disabilities (PWDs), including by establishing and importance of their political participation and as a managing a number of pilot polling stations that result of CARO’s advocacy efforts, the Election provided access for PWDs and enabled them to Management Body made some polling stations vote with dignity. accessible for PWDs during the October 2011 u Target: Compliance of legislation/policies with elections. international human rights standards improved CARO built the capacity of Heads of field significantly in five human rights areas presences and gender facilitators on gender (disabilities, indigenous peoples, migrants, women integration in the Central Africa subregion as well and victims of trafficking), including from a as for the staff of the Cameroon Ministry of gender perspective, in Cameroon, Congo, Women’s Empowerment and Family Affairs. Equatorial Guinea, Gabon and Sao Tomé and During a general training on reporting Principe. procedures for Congo’s Interministerial Following advocacy and technical support Committee in charge of reporting to the treaty provided by the Office in Cameroon, a national bodies, information was presented on the law on the rights of indigenous peoples (IPs) is Convention on the Elimination of All Forms of being drafted. In addition, a national study on Discrimination against Women (CEDAW), its indigenous peoples was validated as a step Optional Protocol and its monitoring Committee. towards the adoption of a national law protecting The issue of gender responsive budgeting was the rights of indigenous peoples. OHCHR, in presented during the subregional workshop on collaboration with other actors, including ILO, the application of a human rights-based approach succeeded in ensuring that the participation of to policymaking and budgeting (Cameroon) for IPs in the electoral process was placed on the representatives of the Cameroonian multipartner agenda of political parties. Efforts were also gender thematic group and members of the

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Government. CARO also advocated for the use Principe. In Gabon, a national mechanism for the of gender responsive budgeting as a tool to implementation and monitoring of the CRPD realize women’s human rights during the through interministerial action was established High-level Global Meeting on Increasing following a national training workshop organized Accountability and Development Effectiveness by the Office. through Gender Responsive Planning and u Target: In Cameroon, three visit requests from the Budgeting in Rwanda. In Cameroon, attention special procedures of the Human Rights Council was systematically drawn to the issue of resulted in a visit (pending the availability of the women’s political participation, particularly in mandate-holders). relation to activities targeting a large audience Advocacy efforts of the Office led to the or civil society. Finally, throughout these invitation by Cameroon of three special events, CARO raised awareness on multiple procedures mandate-holders (Water and forms of discrimination faced by indigenous Sanitation, Press Freedom and Minorities). women, women living with disabilities and Regrettably, these missions did not take place elderly women. during the period under review due to the limited availability of the mandate-holders. Ratification (EA 2) u Target: In Congo, one visit request by special u Results for which no target was set: Thanks to procedures resulted in a visit within 12 months. advocacy and sensitization efforts undertaken by In 2011, a delegation from the Working Group the Office, Cameroon ratified the African Charter on enforced or involuntary disappearances on Democracy, Elections and Governance. The visited the country. The Working Group made a Government of Cameroon also committed itself number of recommendations to the Government to ratifying the CRPD following joint systematic of Congo, including ratification of the advocacy efforts undertaken by the Office, International Convention for the Protection of Sightsavers and PWD organizations. All Persons from Enforced Disappearance as soon as possible. Participation (EA 5) u Target: In Cameroon, five out of 10 reports to UN u Result for which no target was set: Human rights treaty bodies were submitted (50 per cent). civil society organizations in Cameroon produced In 2011, Cameroon submitted its fourth and fifth reports on elections from a human rights periodic reports to the CEDAW Committee and perspective following training and documentation the second and third periodic reports to the provided by the Office. Committee on Economic, Social and Cultural u Result for which no target was set: Organizations Rights (CESCR). of persons with disabilities, indigenous peoples’ organizations and women’s groups participated Challenges and lessons learned as observers in the elections in Cameroon as a result of OHCHR’s training and a publication on Implementation of the subregional mandate of the elections and human rights. Media professionals Regional Office remained a challenge insofar as were able to cover elections from a human rights ensuring balanced and equitable engagement with perspective following the Office’s training and Governments of the subregion, in particular in mentoring programme on human rights in the relation to those without a human rights field context of elections. presence. The Office’s experience showed that strategic partnerships were essential for making an State engagement with human rights impact in a diverse subregion while only being mechanisms (EA 6) based in one country. Dedicated and committed u Target not achievable within the biennium: By partners in countries without a human rights field 2011, at least five countries increasingly followed presence contributed to the sustainability of activities up on recommendations of international and and their follow-up. Maintaining an active presence regional human rights mechanisms, particularly in various UNCTs as a non-resident UN system UPR. partner was not possible. The identification of a OHCHR advocated for the establishment of an UNCT member as CARO’s human rights focal point interministerial committee to follow-up on all was useful for facilitating its activities in that country. recommendations issued by human rights mechanisms. As a result, Government officials CARO’s efforts to revitalize its Memorandum of and representatives of CSOs from Cameroon, Understanding with the Economic Community of Gabon and Sao Tomé and Principe received Central African States (ECCAS) and cooperate with relevant training. A national road map to the subregional organization proved challenging and implement such recommendations was adopted failed to ensure substantive engagement during the in Cameroon, Congo, Gabon and Sao Tomé and reporting period.

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United Nations Centre for Human Rights and Regional Office for East Africa Democracy in Central Africa/OHCHR Central Africa Regional Office: Expenditure in 2011 (Addis Ababa, Ethiopia)

Regular budget Extrabudgetary Year established 2002 expenditure expenditure in US$ in US$ Staff as of 31 December 2011 7

Personnel and related costs 969,228 76,874 Expenditure in 2011 US$998,533 Consultants -- Official travel 19,984 23,930 Background Contractual services 9,767 14,000 Increased public spending and foreign direct General operating expenses 145,731 38,687 investment supported economic growth in many Supplies & materials 17,826 7,676 countries across Africa, while rising food prices and Seminars, grants & 103,083 268,865 high unemployment created uncertainty about the contributions continent’s long-term trajectory of economic Subtotal 1,265,619 430,032 recovery. Unstable macroeconomic indicators were Programme support costs - 55,905 compounded by environmental factors and the severe drought in the Horn of Africa dramatically GRAND TOTAL 1,265,619 485,937 increased food insecurity and negatively affected the population’s coping capacities. In certain areas of the subregion, the situation was further exacerbated by The Office organized the first strategic consultation for persistent conflict, leading to mass displacement with all human rights field presences in Central Africa in serious security and public health concerns. January 2011. The consultation facilitated discussion on trends in the subregion with human rights The domestication and implementation of regional implications, the sharing of information related to the human rights instruments remains a challenge for the respective contexts, perspectives and priorities for African Union (AU). Targeted ratification campaigns 2011 and the identification of substantive human and the development of a Human Rights Strategy for rights issues of common interest. Africa (HRSA) figured prominently on the agenda in During the year under review, the Office celebrated its 2011. 10th anniversary. On this occasion, the Office launched an online survey, targeting all its partners in In the area covered by OHCHR’s East Africa Regional the subregion and beyond, to receive feedback on its Office (EARO), human rights challenges included: current programme and suggestions for its strategic legislative restrictions on civil society; the application planning process. of anti-terrorism legislation to charge journalists and The results of the survey showed that CARO’s opposition party members; discriminatory regulations capacity-building activities and the dissemination of on political participation; the prevalence of sexual international and regional human rights and and gender-based violence, including female genital democracy standards were considered as the most mutilation and domestic violence; killings of persons important and useful activities. The Documentation with albinism; as well as forced labour and Centre, the fellowship programme and the CARO’s public information and outreach activities were also trafficking. considered to be highly relevant activities. The survey identified the main impact of CARO to be the In 2011, EARO, which is based in Addis Ababa, strengthening of national capacities of Governments, actively engaged with regional organizations such as national human rights institutions, civil society the AU and the UN Economic Commission for Africa organizations and the media in the area of human (UNECA) and with Djibouti, Ethiopia and Tanzania. rights. CARO’s role in increasing public awareness and Within the framework of the Ten-Year knowledge of international and human rights Capacity-Building Programme and its Memorandum standards was also underlined. of Understanding (MoU) with the African Union, Feedback from the survey further suggested that EARO continued to strengthen the African Union CARO should strengthen its activities in the areas of Commission. At the national level, EARO provided human rights education and democracy, legal reform technical cooperation related to the application of a and in relation to its cooperation with civil society human rights-based approach to the work of United organizations, the media, administration of justice Nations Country Teams (UNCTs), built the capacity professionals and security forces. of national human rights institutions (NHRIs) and provided technical cooperation to national partners for reporting to the Universal Periodic Review (UPR) and the international human rights treaty bodies.

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Results u Target not achievable within the biennium for Djibouti: Ratification of three human rights National laws, policies and institutions (EA 1) treaties (International Convention on the u Target for Tanzania: Extent to which a NHRI has Protection of the Rights of All Migrant Workers been established and worked in conformity with and Members of Their Families (ICRMW), international standards (Paris Principles). International Convention for the Protection of All In October 2011, Tanzania’s Commission on Persons from Enforced Disappearance (ICPPED), Human Rights and Good Governance Optional Protocol to the Convention against (CHRAGG) was reviewed by the International Torture and Other Cruel, Inhuman or Degrading Coordinating Committee of National Human Treatment or Punishment (OP-CAT)). Rights Institutions, as a result of which the In April 2011, the Government of Djibouti CHRAGG maintained its “A” status. Although the deposited the instruments of ratification for the CHRAGG has never presented a parallel report two Optional Protocols of the Convention on the to the human rights treaty bodies, it has Rights of the Child (CRC) as well as the African benefited from exposure to the work of treaty Union Convention on Internally Displaced bodies through a study trip funded by EARO Persons. This result was partly due to EARO’s and other UN agencies. EARO also conducted advocacy efforts. During the UPR process, the targeted trainings on human rights monitoring Government of Djibouti committed to ratifying and reporting to CHRAGG’s investigation the core human rights instruments. officers. Following EARO’s capacity-building initiatives in relation to UPR, the CHRAGG was State engagement with human rights able to submit its stakeholder report to the UPR mechanisms (EA 6) and successfully organized a side event during u Target for Tanzania: 100 per cent of the reports the UPR session in Geneva. submitted by Tanzania (UPR and International u Target for Tanzania: One selected institution Covenant on Economic, Social and Cultural (police investigation units from all 22 districts) is Rights (ICESCR)) are in compliance with significantly more compliant with international guidelines. human rights standards. In October 2011, Tanzania submitted its national EARO, UNICEF and the UN Resident report under the UPR in compliance with the Coordinator’s Office, within the context of the guidelines. EARO provided technical training, ONE UN in Tanzania and in cooperation with the advisory services and financial support to the CHRAGG, provided training on human rights and organization of several workshops for the the administration of justice for Tanzania’s high Government, civil society and the UNCT, which court judges from 6-8 December 2011 in prepared the relevant stakeholders for the Bagamoyo. EARO will continue to follow up on submission of the reports under the UPR. this initiative through a 2012 review of the u Target for Tanzania: One out of two priority treaty recommendations drafted by participants at the bodies' recommendations (50 per cent) will be end of the workshop. substantially implemented (national plan of action). The Committee on the Elimination of Ratification (EA 2) Discrimination against Women recommended the u Target for Tanzania: Ratification of one human adoption of a national plan of action to combat rights treaty (Convention against Torture and violence against women and children (2008) and Other Cruel, Inhuman or Degrading Treatment or the Committee on the Rights of the Child (2006) Punishment (CAT)). called for the elaboration of a comprehensive During the reporting period, Tanzania did not national plan of action for the full implementation ratify CAT or its two Protocols. EARO continued of the rights enshrined in the Convention. In its to advocate with the Government for their recent concluding observations, the Human ratification, including during UPR preparatory Rights Committee (2009) also urged the State to events and processes related to the National adopt a national action plan on trafficking. Human Rights Action Plan. During the UPR Through the ONE UN, EARO provided technical Working Group Interactive Dialogue on assistance, advisory services and funding for the Tanzania, the Head of the Tanzanian Delegation preparation of the National Human Rights Action indicated that Tanzania is considering their Plan (NHRAP) and participated in the validation ratification. While torture is prohibited under the workshop with relevant stakeholders. During the Tanzanian Constitution, public opinion remains workshop, the technical Committee of the divided on the abolition of the death penalty, NHRAP finalized the first draft of the NHRAP as which is still carried out in the country. per the pre-defined workplan.

222 OHCHR REPORT 2011 OHCHR IN THE FIELD: AFRICA © UN Photo/Eskinder Debebe Children at a refugee camp in Ethiopia. u Target for Djibouti: 100 per cent of reports Djibouti within the framework of the national submitted by Djibouti (ICESCR, CAT, Convention strategy of the Government for the promotion and on the Elimination of All Forms of Discrimination protection of human rights,” a Presidential Decree against Women (CEDAW), International was adopted in 2011, amending the Decree Convention on the Elimination of All Forms of creating the National Human Rights Commission Discrimination (ICERD), International Covenant N2008-1 03/PRE and stipulating that the “National on Civil and Political Rights (ICCPR) and the Human Rights Commission is independent and African Charter on Human and Peoples’ Rights does not receive instructions from any authority.” (ACHPR)), in conformity with the guidelines on The amended Decree also provides the treaty body reporting. corresponding immunities to its staff in the context Djibouti submitted reports to all UN treaty bodies of their functions and the possibility for the due in part to EARO’s financial and technical Commission to receive funding from other support to the Djibouti Interministerial Committee organizations. The National Human Rights responsible for the drafting of overdue reports. Commission was previously part of the Ministry of As a result of time constraints, the Government Justice and Human Rights and shared the same was not able to address overdue reports for the office space, president and staff. The NHRI office ACHPR and their preparation has been was subsequently relocated outside of the Ministry, postponed until 2012. the president of the NHRC was detached from the u Target for Djibouti: Two out of four (50 per cent) Ministry and use of the equipment of the office priority outstanding UPR recommendations have that was funded by UNDP. With support from been substantially implemented. EARO, the National Human Rights Commission With respect to the UPR recommendation, “Seek was able to prepare its first three-year action plan assistance from the international community and and develop promotional materials on the rights of request OHCHR to positively respond to its women and children for public distribution in expressed needs in the area of capacity-building Djibouti. and provision of the needed human, financial With respect to the UPR recommendation, “Seek and technical resources and to provide the the assistance of the international community in necessary training to officials in the various promoting conditions of development favourable concerned departments and ministries and to the to the enhancement of human rights and work on National Human Rights Institution and to provide the reinforcement of capacity-building for civil assistance in the area of human rights education society actors as well as the media in their so as to spread a culture of human rights in neighbourhood actions related to

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awareness-raising and information on human significantly improved. rights,” EARO organized a workshop on human The Department of Political Affairs of the African rights for journalists in November 2011, in Union Commission and other AU organs with a partnership with UNESCO’s Regional Office and human rights mandate, including the African the Ministry of Culture and Communication, as Commission on Human and Peoples' Rights, the well as the National Human Rights Commission. African Court on Human and Peoples' Rights, the The workshop aimed at preparing journalists to African Committee of Experts on the Rights and cover news related to human rights. As a result of Welfare of the Child, the Legal Counsel this workshop, the participants decided to create Department of the African Union, the Regional an Association of Journalists on Human Rights Economic Communities (RECs) and the which will focus on the coverage of issues such Pan-African Parliament adopted a Human Rights as women’s rights, child rights and the situation Strategy for Africa in May 2011. This Strategy will of migrants, among others. enable these organs to better coordinate and u Target not achievable within the biennium for harmonize their actions in relation to the Ethiopia: The National Human Rights Action Plan promotion and protection of human rights in is finalized following large and inclusive Africa. EARO provided advisory services. consultations with all stakeholders and is in compliance with international human rights Human rights mainstreaming within the United standards. Nations (EA 11) In 2010, the Government of Ethiopia ratified the u Target for Tanzania: Tanzania’s United Nations Convention on the Rights of Persons with Development Assistance Plan (UNDAP) integrates Disabilities (CRPD) and signed the Optional human rights standards and principles. Protocol to the CRC on the involvement of Many sections of the UNDAP have significantly children in armed conflict. The process of followed human rights-based approach developing a national human rights action plan, considerations, including through a quality also an accepted UPR recommendation, is assurance process that has been undertaken from underway. EARO provided technical support to a human rights standpoint. As a result, the the Ethiopian Human Rights Commission (EHRC) UNDAP planning documents integrate human for the establishment of an Interministerial rights activities and make reference to Committee to develop a national human rights international human rights standards and action plan. OHCHR is part of the Ad Hoc principles. EARO provided technical expertise in Coordination Team as well as the National the context of the ONE UN in general and the Coordination Committee and has committed to UN Human Rights Working Group in particular. sharing good practices in the development of u Target for Djibouti: The United Nations human rights action plans. It is important, Development Assistance Framework (UNDAF) however, to ensure and strengthen national integrates human rights standards and principles ownership and leadership by the Government to some degree. over the process. The Djibouti UNDAF complies with international human rights standards to a International and regional laws and institutions substantial extent. In the area of governance, (EA 8) reference is made to applicable international u Target for Tanzania: A Plan of Action and standards and human rights principles are implementation Strategy is finalized and endorsed appliedtodefineexpectedresults.OHCHR by the Working Group shared by EARO, NHRIs contributed to the Djibouti UNDAF by and CSOs. increasing the knowledge of staff from five UN A core group composed of relevant UN organs agencies involved in the conceptualization and and civil society organizations was established elaboration of the document through basic and tasked with the preparation of a plan of training and one-on-one coaching on specific action and implementation strategy that aims to issues. In the context of the UN joint achieve universal ratification of the various programme on human rights, EARO, together human rights instruments. This came about with the UN Staff College, provided training on following a series of meetings and discussions the human rights-based approach, results-based during which EARO raised awareness of the need programming and gender to the UNCT and to ratify these instruments. relevant partners in Djibouti. The training was u Target: The level of compliance of the African requested by the UNCT with a view to building Union Human Rights Strategy for Africa with its capacity to mainstream human rights and international human rights standards has gender issues in preparation of the UNDAF

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rollout phase (2012), and in preparation for the Regional Office for East Africa new UNDAF (2013-2017). EARO will be able to (Addis Ababa, Ethipia): Expenditure in 2011 assess the human rights dimension of the new Regular budget Extrabudgetary UNDAF in 2012. expenditure expenditure in US$ in US$ u Target for Ethiopia: Ethiopia’s UNDAF integrates human rights standards and principles. Personnel and related costs - 597,127 Although the UNDAF planning documents Consultants - 8,888 2012-2015 integrate human rights standards and Official travel - 68,637 principles, especially in the Governance Section, Contractual services - (1,580) the East Africa Regional Office noted some General operating expenses - 51,133 weaknesses in terms of the human rights-based Supplies & materials - 4,335 approach. The main focus of the UNDAF is Seminars, grants & - 155,118 economic development and the document fails to contributions identify the needs of vulnerable groups. In Subtotal - 883,658 addition, although the UNDAF recommends the Programme support costs 114,875 implementation of international human rights GRAND TOTAL - 998,533 instruments in its Governance Section, these same recommendations have not been included in other parts of the UNDAF. EARO contributed to the preparation of the UNDAF (2012-2015) by Regional Office for Southern Africa providing human rights expertise in the (Pretoria, South Africa) preparation of planning documents and co-chairing the UN Governance and Democracy Year established 1998 Working Group. Staff as of 31 December 2011 7 Expenditure in 2011 US$907,392 Challenges and lessons learned

In 2011, EARO redressed the balance between Background national and regional programmes. As a result of EARO’s outreach to and engagement with the The Southern African region is characterized by great African Union and the Economic Commission for diversity and includes some of the richest and poorest Africa, these institutions gained a critical countries in Africa. In 2011, positive developments understanding of the role of international human were noted with several countries holding peaceful rights standards and principles. EARO’s contribution elections and experiencing democratic handovers of to the AU-UN Governance Sub-Cluster, as well as to power. Efforts were made to establish national human the Sub-Cluster for Peace and Security proved rights protection systems and standing invitations instrumental in mainstreaming human rights in the were issued to special procedures of the Human political role of the African Union. Rights Council. In some countries, however, weak democratic institutions, combined with high poverty EARO’s engagement with the UNCTs in Djibouti, rates, exacerbated by the rising cost of staple goods, Ethiopia and Tanzania led to new partnerships with contributed to political crises and violence. Most UN agencies and joint activities in the field of human countries in the subregion lack effective institutions rights. A critical benchmark for the mainstreaming of or an organized civil society to hold States human rights into the work of UNCTs is the extent accountable for the protection of human rights. In to which planning documents integrate a human some instances, human rights defenders have rights-based approach and the political will to do so. become increasingly at risk.

EARO seeks to manage high levels of expectations Human rights challenges in the subregion include from partners at country and regional levels with inequality, discrimination, xenophobia, HIV/AIDS limited resources. The Office therefore privileged the prevalence, as well as widespread sexual and strengthening of national protection systems, in gender-based violence. Inhabitants of the subregion particular national human rights institutions, to also struggle to realize their rights to work, housing, ensure national ownership of human rights land and food. Access to justice and the lack of programmes. independence of the judiciary are cause for concern and, at the subregional level, the suspension of the Southern African Development Community (SADC) Tribunal and reluctance of SADC leaders to set up a

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Commissioners of the NHRI to effectively carry out their functions was strengthened, thanks to an induction course organized by the Network of African National Human Rights Institutions and the Raoul Wallenberg Institute of Human Rights

© OHCHR/Southern Africa and Humanitarian Law. ROSA participated in the training. u The capacity of the South African Human Rights Commission (SAHRC) to combat discrimination, with an emphasis on the rights of non-nationals, was strengthened through a one-year grant from OHCHR. The project included monitoring places of detention for migrants, community outreach, Participants of the Regional Seminar on Economic, Social and and capacity-building initiatives to prevent and Cultural Rights, organized by OHCHR in Maputo, Mozambique, address xenophobia in South Africa. December 2011. u A declaration outlining the way forward for African NHRIs in addressing the rights of elderly subregional human rights commission are worrying persons and persons with disabilities was developments. adopted at the Biennial Conference of African NHRIs in October 2011, hosted by the SAHRC The Regional Office for Southern Africa (ROSA) works with OHCHR/ROSA’s support. with Governments, United Nations Country Teams u In light of numerous challenges related to (UNCTs), national human rights institutions (NHRIs) economic and social rights and the limited and civil society organizations (CSOs) to advance the knowledge of duty-bearers and rights-holders in realization of human rights in 14 countries, namely: addressing these rights, OHCHR/ROSA has Angola, Botswana, Comoros, Lesotho, Madagascar, started a process to build capacity in the Malawi, Mauritius, Mozambique, Namibia, Seychelles, subregion. An expert workshop organized in South Africa, Swaziland, Zambia and Zimbabwe. In Mozambique in December 2011, with the support the course of 2011, OHCHR deployed a Human of the UNCT and the Government of Rights Adviser to the UNCT in Madagascar. ROSA also Mozambique, was the first attempt at bringing works with regional and subregional organizations together practitioners, facilitating a dialogue and and their institutions. In 2011, ROSA focused its efforts creating a network equipped to advocate for on strengthening NHRIs; increasing the engagement economic, social and cultural rights. of national stakeholders with the international human rights system; addressing discrimination; and Ratification (EA 2) integrating a human rights-based approach in UNCT’s u The Parliament of Comoros ratified the programmes. Convention on the Rights of Persons with Disabilities (CRPD) and the Rome Statute in Results November 2011, following a training on international human rights instruments by ROSA National laws, policies and institutions (EA 1) in Moroni in October 2011. u In 2011, the Zimbabwe Human Rights Commissioners made strategic interventions Justice and accountability mechanisms (EA 3) before the Human Rights Council, formulated u As a result of ROSA’s substantive engagement comments on the draft NHRI legislation and and support to the Department for Political called for its compliance with the Paris Principles, Affairs and the Resident Coordinator in chiefly as a result of support from OHCHR/ROSA. Madagascar, reference to serious human rights Discussions on the draft bill are ongoing and violations and the establishment of transitional concern has been expressed that the final law justice institutions were included in the road may not be compliant with the Paris Principles. map, which seeks to end the political crisis and u In November 2011, the Parliament of Comoros sets out parameters for the peaceful return to adopted the Law on the establishment of a democracy in the country. For more information, National Commission for Human Rights and please refer to the section on Madagascar. Liberties, which was drafted with the substantive input and support of ROSA, UNICEF and UNDP. u In Zambia, the understanding of human rights and capacity of the newly appointed

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State engagement with human rights Mauritius and Seychelles. UNCTs in Angola, mechanisms (EA 6) Comoros, Madagascar and Mozambique reiterated u Zimbabwe submitted its combined second to fifth their commitment to include human rights in joint periodic reports to the Committee on the Elimination programmes and the ONE UN framework, where of Discrimination against Women (CEDAW) for applicable. In Comoros, the UNCT reinforced consideration at its 51st session in February 2012. human rights as a cross-cutting issue and ROSA encouraged the engagement of the included the establishment of a NHRI and the Government and other stakeholders with CEDAW. ratification of international human rights u The Government of Seychelles started working instruments into the ONE UN programme and the on its reporting obligations to treaty bodies UNDAF. In Mozambique, the United Nations following a mission from ROSA to the Seychelles Development Assistance Framework (UNDAF) in March 2011 and discussions with senior 2012-2015, which was finalized during 2011, Government officials, including the Minister for includes the establishment of a national human Foreign Affairs. With support from the EU and rights commission and the ratification and through a UNDP-administered project, Seychelles implementation of the ICESCR. has begun preparing its initial reports under the u In reaction to allegations of serious human International Covenant on Civil and Political rights violations committed against migrants Rights (ICCPR) and the International Covenant on workers from the Democratic Republic of Congo Economic, Social and Cultural Rights (ICESCR). (DRC) and following OHCHR’s advocacy and a u OHCHR organized a subregional seminar on visit by the Special Representative of the follow-up to concluding observations of the Secretary-General on sexual violence in conflict, Committee on the Elimination of Racial the UNCT in Angola adopted the protection of Discrimination (CERD) in Pretoria, South Africa, therightsofmigrantsasapriorityarea.Thisis in June 2011. Over 30 participants from five expected to result in the appointment of a countries in Southern Africa (Botswana, Namibia, Protection Adviser to the UNCT in 2012 by UN South Africa, Zambia and Zimbabwe), including Action, with the support of OHCHR. Government officials, representatives from NHRIs u In Madagascar, OHCHR was appointed as and non-governmental organizations (NGOs) co-chair of the human rights and gender participated. The seminar deepened delegates’ working group, together with UNFPA. OHCHR understanding of specific issues relating to racial provided substantive support and input to a discrimination as defined in the International joint project with UNDP, UNFPA and UNICEF Convention on the Elimination of All Forms of analysing the deficit in access to justice in Racial Discrimination (ICERD). Participants Madagascar and proposing measures for judicial committed to following up on recommendations reform, including transitional justice elements. made by the CERD Committee and affirmed the This study informed the planning of UNCT importance of exchanging achievements, activities following the signature of the challenges and good practices in the SADC-sponsored road map on 17 September implementation of CERD recommendations. 2011, which ended a three-year long political u Partly as a result of ROSA’s advocacy and crisis in the country. training, all countries in the subregion actively u Through its participation in UNCT planning engaged in the Universal Periodic Review (UPR) processes across the subregion, ROSA has process. In October 2011, Swaziland and contributed to the integration of human rights in Zimbabwe became the last countries in the programmes of UN partners. subregion to complete the first UPR cycle. Mauritius was the first country in the subregion to Challenges and lessons learned voluntarily submit a mid-term progress report on the implementation of the recommendations of In several countries in the subregion, the lack of the Human Rights Council, following the UPR in dialogue between Government and civil society, February 2009. OHCHR provided technical sometimes combined with restrictive legislation for guidance to a number of Governments, UNCTs NGOs and the intimidation of human rights and civil society organizations in the subregion in defenders, can prevent rights-holders from claiming their preparation of respective UPR submissions. their rights. ROSA has sought to overcome this by inviting a cross-section of stakeholders to its Human rights mainstreaming within the United trainings and workshops. Nations (EA 11) u Human rights and social inclusion were ROSA’s strategic involvement and efforts to keep incorporated as key areas of the UNCT’s work in human rights on the agenda in countries facing

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political crises, such as Comoros and Madagascar, Regional Office for West Africa has proven to be effective, as both countries have (Dakar, Senegal) regained stability and identified the protection of human rights as a key priority for the Government. Year established 2007 Staff as of 31 December 2011 12 In 2011, Malawi was the latest country to face a political and human rights crisis following the July Expenditure in 2011 US$1,050,913 2011 protests. ROSA shifted its focus to the country and worked closely with UN agencies and the Background Malawi Human Rights Commission (MHRC), which provided valuable insight into the evolving situation The West African subregion witnessed progress following the days of protests. made towards greater stability and peace with the completion of the transition processes in Guinea and The increase in requests by Governments and Niger and the end of the election crisis in Côte UNCTs for technical assistance obliges ROSA to d’Ivoire. Successful democratic elections were held prioritize specific themes and countries in order to in, inter alia, Benin, Cape Verde and Nigeria. avoid overstretching its limited resources, while also Moreover, efforts have been undertaken to further maintaining sufficient flexibility to adapt to critical mainstream human rights and gender into policy developments in the subregion. ROSA has responses to regional threats to peace and security, undertaken a thorough strategic planning process to such as food and nutritional crises, climate change, define its priorities for the biennium 2012–2013. The migration and trafficking in persons. Fundamental audit of ROSA by the Office of Internal Oversight freedoms, such as the freedoms of speech and Services provided useful recommendations in this assembly, improved in many countries of the regard. subregion and significant efforts have been undertaken to promote the equal participation of Regional Office for Southern Africa women and men in public affairs in Benin, Cape (Pretoria, South Africa): Expenditure in 2011 Verde, Guinea, Mali and Senegal. Regular budget Extrabudgetary expenditure expenditure in US$ in US$ In a number of election processes, concerns were raised regarding irregularities in voter registration - 659,608 Personnel and related costs and the certification of results. In some countries, Consultants --such as Liberia, this resulted in tensions and human Official travel - 35,514 rights violations. Moreover, the socioeconomic Contractual services - 3,300 landscape of West Africa, characterized by General operating expenses - 63,702 widespread poverty, increasing inequality and Supplies & materials - (30,960) marginalization of segments of the population, Seminars, grants & - 71,838 continues to pose a serious threat to peace and contributions security. The growing presence of terrorist groups, Subtotal - 803,002 mainly Boko Haram in Nigeria and Al-Qaeda in the Programme support costs 104,390 Islamic Maghreb in the Sahel region, has led to GRAND TOTAL - 907,392 growing insecurity and a deterioration of the humanitarian and human rights situation in some parts of the subregion. This has in turn triggered a renewed political drive in order to increase regional cooperation to stabilize the subregion and the Sahel area. In 2011, ROSA hosted an indigenous fellow from the San Community of Namibia under the National The achievements of the OHCHR Regional Office for Indigenous Fellow Programme of OHCHR. The Fellow West Africa in 2011 include assisting countries with supported the work of ROSA in the area of promoting the rights of indigenous peoples and minorities, Universal Periodic Review (UPR) follow-up and including by delivering presentations to other UN staff reporting to treaty bodies; advocating for the ratification members in South Africa. A concept note prepared of international human rights instruments, such as the and submitted by the Fellow included specific Optional Protocol to the International Covenant on recommendations for ROSA and will serve as a Economic, Social and Cultural Rights (OP-ICESCR); reference tool for ROSA staff members when assisting the United Nations Country Teams (UNCTs) to undertaking activities aimed at promoting the rights of integrate human rights into policy documents; and indigenous peoples and minorities in the subregion. encouraging Member States of the Economic Community of West African States (ECOWAS) to

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Women demonstrating in Senegal. address issues of impunity, especially improving access Code with the international human rights to, justice for women. It has also provided support to, instruments which Senegal has ratified, mainly and cooperated extensively with, the eight human the Convention on the Elimination of All Forms rights field presences based in the region. of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), Results and make explicit reference to these standards. u WARO substantially contributed to the drafting of National laws, policies and institutions (EA 1) these propositions by supporting the Ministry in u In Senegal, the National Observatory on Parity was carrying out a study on harmonizing national created in March 2011 by Decree to monitor the legislation on women’s rights with international implementation of the Parity Law which was human rights instruments ratified by Senegal. The adopted in 2010. This Law was created to ensure main conclusions of the study will be used in access to justice for women who have been 2012 as an advocacy tool for the adoption of a subjected to gender-based violence (GBV) in new Family Code that is fully compliant with particular, and for the protection of women’s rights international human rights instruments. in general. During 2011, Senegal continued to develop draft laws to reform the penal and Ratification (EA 2) criminal procedure codes, including by u The OP-ICESCR was signed by Cape Verde in strengthening the penalties for GBV. These draft September 2011. Steps have been taken towards laws are largely compliant with international its ratification in Burkina Faso, Mali and Senegal. human rights standards. WARO provided advocacy OHCHR contributed to this through andtrainingonwomen’srightsandgendertothe awareness-raising and advocacy activities on Economic and Social Council to ensure that economic, social and cultural rights. In addition, compliance with international human rights the Office organized a regional training seminar standards would be included in recommendations on the justiciability of these rights for judicial to the Head of State, the Government and actors. As a concrete outcome of this training, Parliament. The draft laws are currently blocked at participants committed to continue advocating for the governmental level and WARO will continue the ratification of OP-ICESCR. to advocate for their adoption. u Cape Verde signed the Optional Protocol to the u The Ministry of Gender in Senegal made Convention against Torture and Other Cruel, propositions for the reform of the Family Code. Inhuman or Degrading Treatment or Punishment The propositions aim to harmonize the Family (OP-CAT) in September 2011. WARO advocated

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for the ratification of the core human rights Human rights mainstreaming within the United instruments with the Government during a Nations (EA 11) technical mission in July 2011. u Human rights have been integrated in the United Nations Development Assistance Framework Access to justice and basic services (EA 4) (UNDAF) of Burkina Faso, Cape Verde, the u WARO assisted the Association des Juristes Gambia and Senegal. The analysis informing Sénégalaises (AJS) by substantially organizing a “free these UNDAFs took into account the consultation day” for judicial help and assistance at recommendations of the international human their Centre. During this activity, 134 people (76 rights treaty bodies. WARO substantially women and 58 men) received legal advice related contributed throughout the drafting process by to different fields of law. The AJS offers legal providing input on a human rights-based consultations to women and men on a regular basis approach and quality support and advice to the and will continue to follow up on these cases. UNCT, as well as by participating in the UNDAF validation workshop in the Gambia in June 2011. State engagement with human rights WARO provided similar support to the Senegal mechanisms (EA 6) UNDAF, including onsite during the formulation u In Cape Verde, the national report to the CEDAW of the UNDAF narrative document, matrix and Committee was drafted in 2011 and includes several monitoring and evaluation plan and by recommendations regarding access to justice by participating in the validation workshop. womenthathavebeensubjectedtoGBV.WARO Moreover, WARO contributed to the desk review provided input through desk reviews. It is expected in Burkina Faso to ensure that human rights that once the CEDAW Committee has issued standards were taken into account in the annual recommendations on the report, Cape Verde will review of the UNDAF. take steps to adapt its legislation to improve women’s access to justice. The Office will support the efforts of national stakeholders to promote Challenges and lessons learned respect for women’s rights and reduce impunity for violence against women. Due to a volatile political and socioeconomic climate u As of the end of 2011, Cape Verde, the Gambia in the subregion, the Office often had to adjust its and Senegal had not yet submitted their reports plans. During 2011 for instance, the social unrest and to the Committee on Economic, Social and subsequent change of Government in Burkina Faso, Cultural Rights. All three countries had, however, the electoral processes in Cape Verde and the begun the drafting process. OHCHR significantly cabinet reshuffles in the Gambia led to delays in contributed to this process by: organizing a carrying out some activities. The Office had to workshop on reporting to treaty bodies (the re-establish a dialogue with the new authorities Gambia); recruiting and coaching the drafting before it could continue its planned work. consultant; and organizing a validation workshop in the Gambia and Senegal. All three countries The High Commissioner’s visit to West Africa in are expected to submit their reports in 2012. March 2011 strengthened OHCHR’s profile in the u A national action plan to follow up on the subregion. Her public support for WARO’s activities recommendations of the UPR and other human and her meetings with several counterparts gave a rights mechanisms was drafted and validated in boost to its work, especially in Senegal. One Burkina Faso and Cape Verde. The action plans concrete result of these meetings was the adoption take into account all UPR recommendations, as well of the decree to implement the Parity Law in June as those of the treaty bodies and special procedures 2011, following the Government’s promise to the and include a timetable and budget. WARO High Commissioner that it would do so. contributed to the development of these action plans through: coaching of drafting consultants; The ratification of the OP-ICESCR did not occur in preparing desk reviews of the draft plans; 2011. Following regular exchanges with its partners, undertaking technical missions; and supporting the Office understood the need for broader validation workshops. The final action plans are consultation and awareness-raising on the Protocol expected to be distributed in early 2012. WARO will and the justiciability of economic, social and cultural support Mali and Senegal in a similar way in 2012. rights among all stakeholders. Several initiatives were therefore undertaken which has resulted in the signature of the OP-ICESCR by Cape Verde and growing support for ratification in all targeted countries.

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Regional Office for West Africa Human Rights Components in UN (Dakar, Senegal): Expenditure in 2011 Peace Missions Regular budget Extrabudgetary expenditure expenditure in US$ in US$ Personnel and related costs 650,735 86,603 United Nations Integrated Office in Consultants - 18,180 Burundi Official travel 9,529 31,351 Year established 1995 (since 2006 as Contractual services 12,541 - part of the United General operating expenses 46,785 13,208 Nations Integrated Office in Burundi) Supplies & materials 26,037 (14,450) Staff as of 31 December 2011 20 Seminars, grants & 18,853 118,588 contributions Subtotal 764,480 253,480 Background Programme support costs - 32,953 GRAND TOTAL 764,480 286,433 The effects of the 2010 elections in Burundi are still being felt and have resulted in tense relations between the Government and the opposition. The Widespread impunity continues to be one of the biggest latter withdrew from the elections after alleging challenges to peace, security, development and the massive fraud and irregularities and formed a realization of human rights in the subregion. WARO, in coalition named Alliance démocratique pour le cooperation with UNOWA, UNODC, UNDP, UNHCR, changement-Ikibiri (ADC-Ikibiri). Prominent UNIC, and with the support of the Government of Mali, ECOWAS, the Organisation Internationale de la opposition leaders were forced to flee for fear of Francophonie and the AU, organized a regional harassment and arrests and the Government accused conference on impunity, justice and human rights in members of civil society of collaborating with the Bamako (Mali) from 2 to 4 December 2011. The opposition. Calls for dialogue to end the deadlock objective of the conference was to support ECOWAS were ignored. The year was also marked by fears of and the States of the subregion to promote justice and a potential rebellion and numerous attacks staged by human rights and the fight against impunity. Among themorethan200participantswereministersof unidentified armed groups resulted in many justice; supreme court representatives; representatives casualties. These events had a profound impact on of truth and reconciliation commissions; officials of the the human rights situation which has been African Union, ECOWAS and the Mano River Union; characterized by the persistence of extrajudicial officers of UN peace and political missions and UN executions, torture and ill-treatment; restrictions on agencies; experts of the International Criminal Tribunal the right to freedoms of expression, peaceful for Rwanda; members of bar associations, national assembly and association; as well as arbitrary arrests human rights institutions, civil society organizations and the media. and the detention of members of opposition parties. The activities of non-governmental organizations The Conference adopted a Declaration and Regional (NGOs) were severely restricted and judicial Strategic Framework to promote justice, human rights and the fight against impunity. The Bamako authorities frequently summoned journalists and Declaration advises the strengthening of good members of civil society. The arrest and detention of governance and the rule of law to prevent conflicts. lawyers, including the president of the Burundi Bar Thematic recommendations include the consolidation Association, was also noted. of the rule of law; measures to reinforce national justice systems in complementarity with international In December 2010, the United Nations Office in justice; strengthening the ECOWAS Court of Justice; promoting transitional justice mechanisms, traditional Burundi (BNUB) was established to replace the UN justice, human rights and the role of the media; and Integrated Office in Burundi (BINUB) in accordance fighting against organized crime, illicit trafficking and with UN Security Council resolution 1959 (2010). piracy. The Declaration pleads for greater The Human Rights and Justice Section (HRJS) within harmonization of legal agreements and collaboration BNUB is mandated to: support efforts to fight at the subregional, regional and international levels to impunity, particularly through the establishment of address impunity for human rights violations. transitional justice mechanisms; strengthen national Governments and stakeholders were encouraged to unity; promote justice and reconciliation within follow-up on the conference by developing national Burundi’s society; and provide operational support road maps to ensure that the recommendations of the Declaration and the Strategic Framework will be to the functioning of these bodies. HRJS also aims to implemented. promote and protect human rights, including by strengthening national capacities in that area, as well

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as civil society. The Office works in close The BNUB Justice Unit contributed to the collaboration with UN human rights mechanisms, development of the national strategy on good including the Independent Expert on the situation of governance and fight against corruption which human rights in Burundi. was adopted by the Council of Ministers.

Results Justice and accountability mechanisms (EA 3) u The Government took steps towards the National laws, policies and institutions (EA 1) establishment of a Truth and Reconciliation u The Law creating the Independent National Commission (TRC). A Technical Committee, Human Rights Commission (INHRC) was adopted which was appointed by Presidential Decree, on 5 January 2011. Seven commissioners, elected submitted its report to the President and BNUB in by Parliament, officially took up their functions October 2011. The report includes a draft law on on 7 June 2011 during a ceremony presided over the establishment of transitional justice by the President of the Republic. The activities of mechanisms, particularly the Truth and the Commission were officially launched on 16 Reconciliation Commission. BNUB and OHCHR December 2011. BNUB has continued to assist in provided substantive technical and logistical the establishment of the INHRC. A sensitization support to the Committee. Following an analysis campaign was organized with the help of BNUB of the report, the UN recommended that the on INHRC activities in all of Burundi’s provinces. Government take into account the conclusions of The Commission’s workplan for 2011 was also the national consultations, views of civil society drafted with the assistance of BNUB. and relevant international standards in the u On BNUB’s recommendation, the Minister of creation of a Truth and Reconciliation Defence re-launched the capacity-building Commission. programme for members of the armed forces. This programme was elaborated by BNUB and Participation (EA 5) the training of military focal points in human u As part of the preparatory activities for the rights was conducted after informal consultations establishment of a Truth and Reconciliation with the Ministry. A retreat was organized in Commission (TRC), BNUB undertook a collaboration with high-ranking officers of the nationwide sensitization campaign, in partnership military on the application of international human with three NGOs, which included mobile theatre rights standards and humanitarian law by the performances (plays) and public debates on military and their role as supervisors. It was University campuses. More than 24,801 people decided that the programme would be integrated were sensitized through 56 plays that were into the overall development of the security performed in 55 communities across the country. sector to continue strengthening the capacity of The debates organized in eight universities and the leadership of the armed forces to protect institutes in Burundi involved the participation of human rights. 868 university students. Furthermore, following u In 2011, the Ministry of Justice’s strategic plan four regional workshops on transitional justice by 2011-2015 was developed and includes reforms BNUB, 51 trainees created a network named pertaining to judicial independence and Forum national des relais communautaires en accountability. The document fails to take into justice transitionnelle (FONAREC/JT). Civil society account, however, the legislative reforms that is now expecting to be formally involved in a are necessary to ensure the effective consultation process on the draft law on the independence of justice (Law on the Superior establishment of the TRC. Council of Magistrates, Law on the Status of Magistrates). Nevertheless, following BNUB’s Challenges and lessons learned advocacy work, two key activities were included: the organization of a National Throughout 2011, OHCHR and BNUB continued to Conference on Justice which will serve as a provide technical assistance to authorities towards platform for recommendations on different the establishment and functioning of transitional issues related to judicial independence and a justice mechanisms in accordance with international study on the capacity-building plan for the norms and principles. OHCHR reiterated the Supreme Council of Magistrates, which will importance of the inclusive participation of civil serve as a preliminary step for wider reforms. society throughout the process. In November 2011, u The development of a strategy on combating OHCHR, OLA and BNUB provided joint comments corruption and abuses within the judicial system on the draft law to ensure compliance with the has been postponed until the adoption of the conclusions of the national consultations and national strategic plan by the Ministry of Justice. relevant Security Council resolutions.

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Peacebuilding Office in the Central African Republic (BINUCA), established on 1 January 2010. The HRJS has a broad mandate to support efforts to promote, protect and implement human rights in the country. In addition, the HRJS provides capacity-building

© IRIN/ Anthony Morland support to national institutions and other partners in the peace process. BINUCA has three regional offices in Bouar (covering the western prefectures), Bossangoa (covering the north-western prefectures) and Bambari (covering the northern and eastern prefectures). These offices monitor the human rights situation by conducting regular visits to the field and interacting with local, judicial and administrative authorities.

Results

National laws, policies and institutions (EA 1) u On 22 December 2011, the Law on the Principles governing the CAR Penitentiary System was adopted by National Assembly, partly as a result of the HRJS’s advocacy. The Commission of Home, Administrative Affairs and Law examined the draft law. HRJS took this opportunity to engage in frank discussions and exchanges on United Nations Integrated Peacebuilding the CAR penitentiary system. While commending Office in Central African Republic the national authorities for having drafted a law which is in conformity with the international Year established 2000 standards, HRJS stressed that the CAR penitentiary system needs to be adjusted and configured Staff as of 31 December 2011 22 according to the State budget. u The process of drafting a law on the Background establishment of a National Commission on Human Rights and Fundamental Freedoms is After several postponements, presidential and ongoing. The HRJS conducted briefing sessions parliamentary elections were held on 23 January with the Government to discuss the draft and call 2011. Due to the post-conflict situation, the general for its compliance with the Paris Principles. Once human rights situation in the Central African the draft law is before Parliament, HRJS will Republic (CAR) remains fragile. Ongoing insecurity advocate for the reformulation of provisions facilitates constant abuses in the north, ranging which are contrary to international human rights from summary and extrajudicial killings, illegal standards. arrests and detention, as well as sexual and u The CAR Minister of Justice, as well the military gender-based violence, to witchcraft accusations, hierarchy (the Gendarmerie National and the restrictions on movement and extortion. The abuses police), awarded the HRJS with permanent are reportedly committed both by State and authorization to carry out monitoring visits in non-State actors, including Government forces, prisons and other detention centres, thus rebel groups and other armed elements. highlighting the Government’s efforts to ensure Furthermore, the situation in the north, with various transparency. This standing authorization has clashes and acts of banditry, has caused the internal enabled OHCHR to carry out regular visits of 20 displacement of entire villages. In the south-eastern prisons and police holding cells in remote areas. provinces, attacks from the Lord’s Resistance Army (LRA) pose grave challenges for the effective Ratification (EA 2) protection of civilians. u On 20 April 2010, the Government of CAR ratified ILO Convention No. 169 on indigenous and tribal OHCHR implements its human rights programme in peoples. HRJS supported the sensitization CAR through the Human Rights and Justice Section campaigns of the State High Commissioner for (HRJS) of the United Nations Integrated Human Rights and Good Governance.

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Participation (EA 5) u Efforts to enhance the capacity of civil society organizations to promote and protect human rights had some positive results. A local network of human rights groups was selected for funding

by the Assisting Communities Together Project, a © UN Photo/Hien Macline joint UNDP and OHCHR initiative. The HRJS had been active in supporting the creation and development of the network, including by holding human rights education sessions on a weekly basis and organizing joint human rights promotion activities. For the first time, the network will obtain a small grant to carry out a human rights advocacy campaign. The campaign seeks to fight discrimination against women and minority groups, mainly the Peuhl minority, through theatre performances and radio broadcasts. A woman at a polling station in Bondoukou, Côte d’Ivoire, during legislative elections. Challenges and lessons learned

The high level of impunity enjoyed by United Nations Operation in Côte d’Ivoire perpetrators of human rights violations is a key challenge to efforts aimed at instilling a culture of Year established 2004 human rights and the rule of law in CAR. As a Staff as of 31 December 2011 52 result of many years of conflict and neglect, several areas in the country lack functional justice systems and institutions to guarantee the rule of Background law. Numerous cases have not been subject to investigations by relevant authorities partly In 2011, little improvement was observed in the because of the absence of both logistical capacity overall human rights situation in Côte d’Ivoire. and human resources, and partially due to the Notwithstanding the successful legislative elections reluctance of some officials to hold perpetrators on 11 December 2011, the security situation is still accountable. Moreover, the high level of insecurity stabilizing, refugees and internally displaced persons has prevented judicial officers from residing and are yet to return to their places of origin, judicial working in the country. proceedings are criticized for favouring only one side and political violence is still evident in the Despite the openness of national authorities to streets. Continuing human rights violations include discuss sensitive human rights issues, it is very killings, illegal detention, ill-treatment, torture, rape, difficult to respond to human rights challenges in an armed robbery and racketeering practices involving environment where the institutions and the capacity unidentified armed elements, Dozos (traditional to deliver are very weak. In this respect, constant hunters), as well as members of the Forces and constructive dialogue with national authorities républicaines de Côte d’Ivoire (FRCI). have oriented the national human rights strategy towards the design of coherent human rights legal Within the framework of its protection work, the frameworks as well as the building and Human Rights Division (HRD) of the United Nations consolidation of national institutions capable of Operation in Côte d’Ivoire (UNOCI) advocated for promoting and protecting human rights. These the adoption and implementation of a national priorities have been included in strategic frameworks strategy to fight against sexual exploitation and such as United Nations Development Assistance gender-based violence. The HRD played a catalytic Framework Plus and the Second Poverty Reduction role in the designation of two human rights focal Strategy Paper. Another lesson learned has been the points within the Ministries of Defense and of the use of special procedures, particularly the urgent Interior that were appointed to review human rights appeals, which have frequently facilitated dialogue violations, including sexual violence cases with national authorities on sensitive human rights perpetrated by the FRCI, police and gendarmerie issues. elements and to draw Government attention to the importance of prosecuting the perpetrators. With a

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view to enhancing greater respect and accountability against Women and the International Convention for human rights, the Division developed and on the Elimination of All Forms of Racial implemented training programmes for police Discrimination, while also equipping civil society students, military commanders, the gendarmerie, the with the knowledge and skills to submit shadow navy, customs officials and police officers. reports.

Results Civil society engagement with human rights mechanisms (EA 7) National laws, policies and institutions (EA 1) u At least 10 reports were issued by national u Free and fair legislative elections were held on 11 non-governmental organizations (NGOs) on the December 2011. Through training and support human rights situation in Côte d’Ivoire. This is material from the HRD, law enforcement officials due in part to the training workshops were equipped with techniques and tools to organized by the HRD on human rights uphold human rights while securing the investigation techniques and reporting for more legislative elections. Civil society groups, media than 100 representatives of civil society groups practitioners, members of political parties, as well and NGOs. Sensitization and awareness-raising as the general electorate, were sensitized on campaigns focusing on the rights of women critical human rights norms related to elections, and children gathered over 1,000 participants, their importance and how to advocate for their including traditional leaders and representatives respect. of women’s organizations and local authorities. u The HRD focused its training programmes and briefing sessions on police and gendarmes as Challenges and lessons learned well as FRCI elements (700). In total, 25 human rights training sessions were held across the Due to the tenuous security conditions in the country reaching out to at least 1,500 Ivoirian immediate aftermath of the November 2011 Military, more than 1,500 police and gendarmerie elections, most UNOCI staff was evacuated. As a officers, 500 civil society activists and result, the operational capacity of the Human Rights 50 journalists. Division was greatly reduced. During this period, u The Government adopted a National which coincided with the deterioration of the human Development Programme (PND) based on the rights situation, the Division was prompted to focus revised Poverty Reduction Strategy Paper (PRSP) all its available capacity on monitoring and and other existing strategic documents. The HRD, documenting massive and serious human rights through the United Nations Country Team, violations and abuses. Only in June 2011 did the advocated that such programmes be based on situation return to some normalcy and the Division human rights principles and standards. It will was able to resume its other activities. continue to monitor these aspects in the implementation phase.

Justice and accountability mechanisms (EA 3) u The combined effects of the breakdown of law enforcement and justice structures and the post-elections crisis made it difficult to secure proper judicial proceedings. In the course of 2011, at least 50 alleged perpetrators of serious human rights violations were identified and prosecuted, mostly in the context of the elections and post-elections crisis.

States engagement with human rights mechanisms (EA 6) u In September 2011, the Ministry of Family, Women and Children organized a workshop on the Universal Periodic Review, in which the HRD

participated. The HRD will continue its technical © OOHCHR/Côte d’Ivoire assistance to build the Government’s capacity to The Human Rights Call Centre set up by UNOCI to register prepare periodic reports under the Convention allegations of human rights violations that occurred during and after on the Elimination of All Forms of Discrimination the elections.

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At that point, amendments had to be made to in Darfur (UNAMID). Its human rights initiatives adjust the workplan in accordance with the new contribute to the mission’s advocacy on the realities on the ground, such as the reconciliation protection of civilians from a human rights process and reform of the army. As the lead agency perspective. The HRS also undertakes human on transitional justice, OHCHR and the HRD had to rights capacity-building initiatives, specifically with ensure that the Dialogue, Truth and Reconciliation State institutions such as law enforcement, security Commission would be in conformity with and defence. Capacity-building, notably on sexual international human rights standards, that a and gender-based violence (SGBV), is also comprehensive transitional justice strategy was facilitated by the HRS for the national police’s adopted and implemented and that Human Rights Family and Child Protection Unit, as well as Council resolution A/HRC/17/21 was implemented. medical and social welfare personnel.

African Union-United Nations Hybrid Results Operation in Darfur National laws, policies and institutions (EA 1) Year established 2008 u The Government of the Sudan responded positively to 10 out of 11 cases of human rights Staff as of 31 December 2011 172 violations raised by the HRS, including: (i) three cases involving minors and the principles of Background juvenile justice; (ii) three interactions regarding conditions of detention in three prisons; (iii) the In 2011, two positive developments occurred that issue of the death penalty imposed following a will have a bearing on the human rights situation in riot by prison inmates in the main prison in Darfur in 2012 and beyond. The first was the review Darfur; and (iv) three cases of arbitrary arrest and of the Sudan under the Universal Periodic Review detention of UNAMID national staff. On the other (UPR) and the second was the May 2011 signing of hand, HRS’s continued advocacy with the the Doha Document for Peace in Darfur (DDPD) Government regarding access to detention between the Government and one of the rebel facilities and detainees remained unsuccessful. movements in Darfur, the Liberation and Justice u Some components of the justice system have Movement (LJM). The DDPD contained substantive taken steps to monitor, investigate and ensure provisions on human rights and provided for the redress for violations of civil and political rights, establishment of human rights and justice such as the judiciary and police. Yet service institutions, such as the National Human Rights delivery has been slow due to human resource Commission, the Darfur Truth and Reconciliation constraints (judiciary), lack of technical capacity Commission and the Special Criminal Courts to of personnel (law enforcement and corrections), address widespread impunity in Darfur. Both and irregular reporting to the police about civil developments have opened up opportunities for the and political rights violations and/or incidents of Human Rights Component to advance the human abuse. The HRS, at times with relevant partners, rights agenda in Darfur through technical undertook a total of 40 human rights cooperation, capacity-building and advocacy. capacity-building initiatives during 2011 to strengthen State institutions. In west and south Challenges, however, remain. Impunity for past and Darfur, improved responses of law enforcement current violations of human rights and humanitarian began to be observed towards the end of 2011. law is a recurring concern. Public confidence in law enforcement and the administration of justice Participation (EA 5) remains low, especially in relation to sexual violence u Women in Darfur have had some success in offences. The ongoing state of emergency has placing SGBV laws and policies on the agenda restricted space for the exercise of civil and political under the auspices of the State Committees for rights. Expectations abound that the implementation Combating Violence against Women. The HRS of the DDPD will facilitate the fight against impunity supported the State Committees in implementing and allow for an enabling environment in the their annual workplans and built the capacity of exercise of fundamental rights and freedoms. Committee members and women’s groups to improve their understanding of, and advocacy The Human Rights Section (HRS) continues to on, SGBV issues to enable them to engage in implement the human rights mandate of the effective dialogue with authorities. African Union - United Nations Hybrid Operation

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Human rights mainstreaming within the United Nations (EA 11) u Human rights have been included in the peace process, largely as a result of the advocacy work and active engagement by the Human Rights Component of UNAMID. The outcome document, the Doha Document for Peace in Darfur, which was signed in May 2011 by the Government of the Sudan and the LJM, fully integrates human rights and justice concerns. u UNAMID and the UNCT in Darfur applied human rights-based approaches to the conceptualization, development, implementation, monitoring and evaluation of the Integrated Strategic Framework (ISF) for Darfur. The HRS participated at every stage of the ISF, providing technical advice and reporting on the implementation of activities.

Challenges and lessons learned

Key factors that affected the implementation of the human rights mandate in Darfur in 2011 include: © UN Photo/Albert Gonzalez Farran (i) the unpredictable security situation that Outreach activities organized by UNAMID in North Darfur. impedes the HRS’s ability to monitor and report on the human rights situation in affected areas in a u Internally displaced persons and human rights timely manner; (ii) the capacity deficit of national defenders were represented in the civil society actors on human rights issues due to the absence track of the Doha peace process. The HRS of a culture of human rights and an independent advised the Joint Mediation Support Team national human rights institution that could regarding civil society participation in the Doha effectively monitor, investigate and advocate for peace talks and collaborated with UNAMID Civil judicial redress for human rights violations; (iii) Affairs Section to apply a human rights-based the weak and unbalanced presence of law approach to the participant selection process and enforcement and judicial institutions resulting in by briefing civil society participants on human low reporting, access to justice challenges for rights and justice issues prior to the peace talks. rights-holders and related impediments to the exercise of the right to a fair trial; (iv) continuing State engagement with human rights impunity and lack of accountability for crimes and mechanisms (EA 6) human rights violations resulting in few u By September 2011, the Government had prosecutions and low reporting rates; (v) the lack implemented 26 of the 44 recommendations of an enabling environment that fosters the full formulated by the Group of Experts on Darfur in enjoyment and exercise of civil and political 2007. The HRS facilitated the implementation of rights, free from fear, intimidation and reprisals; recommendations pertaining to the judiciary, law and (vi) the unequal enjoyment of economic and enforcement, security and SGBV. social rights. u Sudan submitted its report to the UPR in May 2011 and presented it in September 2011. The HRS provided technical advice to the Government. The combined advocacy of UNAMID, UNICEF and the Joint Chief Mediator resulted in the Supreme Court of Civil society engagement with human rights Sudan rejecting a decision of the Nyala Special Court mechanisms (EA 7) (Lower Court) for lack of due process and recognition u Civil society actors submitted a report on the of the three accused persons as “minors.” This led to human rights situation in the Sudan, including the commutation of their sentences from “death Darfur, to the UPR. Advice on reporting was penalty” to “reformatory.” provided by the HRS.

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United Nations Joint Human Rights The United Nations Joint Human Rights Office Office in the Democratic Republic of the (UNJHRO) of MONUSCO contributes to Congo strengthening respect for human rights and combating impunity by investigating and publicly Year established 1996 (as a stand-alone reporting on human rights violations; accompanying office) and 2008 judicial officials in joint investigations to urge the (integration with the prosecution of perpetrators; protecting human rights Human Rights Division of defenders, victims, and witnesses; and strengthening DPKO) access to justice for victims of sexual violence. Staff as of 31 December 2011 104 UNJHRO also strengthens MONUSCO’s peacekeepers in providing protection to communities at risk of Background conflict and supports implementation of the UN policy which makes UN support to the DRC Army contingent upon the latter’s compliance with human The human rights situation in the Democratic rights standards. Republic of Congo (DRC) is worrying. The year 2011 began with mass rapes and other grave violations of international law against civilians in Bushani and Results Kalambahiro in North Kivu province on 31 National laws, policies and institutions (EA 1) December 2010 and 1 January 2011. These violations u On 28 November 2011, the DRC held presidential were attributed to units of the DRC Army (the and legislative elections. During the electoral FARDC) and reported on by the United Nations process, acts of violence and human rights Organization Stabilization Mission in the Democratic violations, including incidents of inter-ethnic Republic of the Congo (MONUSCO) and the High incitement, were committed by the security Commissioner for Human Rights in July 2011. In forces. On the whole, however, the scale of eastern DRC, the FARDC undertook military violence was less than that seen in 2006. In the operations against foreign and Congolese armed build-up to elections, UNJHRO focused on groups. Armed groups in turn committed reprisal ensuring respect for human rights, inter alia, attacks and looting to dissuade or punish through: releasing a public report on human communities perceived to be cooperating with the rights violations committed in the months FARDC. preceding the elections; increased monitoring of human rights abuses related to the electoral Accountability for human rights and humanitarian period by its field offices; providing resources to law violations remain of concern, although military partner non-governmental organizations (NGOs) courts have progressively handed down judgments to conduct monitoring; and undertaking against middle-rank army and police officers who high-level preventative missions with the were deemed responsible for violations. Some MONUSCO leadership to electoral conflict notable cases of impunity continued to evade justice, hot-spots to discourage the use of violence. As of including the Mai-Mai Cheka militia group, the eve of the elections, UNJHRO offices had responsible for mass rapes in Walikale, North Kivu trained over 2,000 Congolese police officers on in August 2010. In a number of trials of FARDC standards for crowd control and public liberties officers identified by the UN Security Council for in an electoral period and conducted outreach involvement in sexual violence, courts handed down activities that reached 6,875 participants including legally unsound verdicts in favour of the suspects. State officials, politicians, police, civil society and the media. During the period immediately A high number of human rights violations were preceding the vote and the weeks thereafter, the committed against journalists and human rights UNJHRO provided material support and technical defenders in the lead-up to DRC’s November 2011 assistance to the toll free number of the Réseau presidential elections. While some improvements National des ONG des Droits de l’Homme de la were noted among elements of the police in the République Démocratique du Congo pre-electoral period, the use of security services (RENADHOC) and put in place a free hotline, against opposition political parties was a concern. manned by UNJHRO staff, to receive calls and The electoral period witnessed instances of information related to alleged human rights inter-ethnic conflict that was fanned by incitement violations or acts of violence. among political contenders and resulted in instances u The UNJHRO deployed seven joint investigation of mass displacement of civilians. teams (comprised of UNJHRO human rights

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officers, DRC civilian or military prosecutors and judicial police officers) in order to: gather information on incidents which would enable the opening of criminal investigations and prosecutions; and provide material/logistical support for the holding and observance of the proceedings of 30 court hearings (including mobile court hearings) across the DRC. As a result of these trials, 276 judgments were handed down by Congolese courts; 22 of which were convictions for serious crimes under international law, including war crimes and crimes against humanity.

Justice and accountability mechanisms (EA 3) © UNHCR/S. Schulman u In 2011, specialized units were established within IDP camp in the Democratic Republic of the Congo's North Kivu province. the Prosecutors’ Offices to investigate and prosecute crimes of sexual violence and will be in a number of trials. This was due to protection followed by a project in 2012 (within which and advocacy measures offered by UNJHRO, UNJHRO plays an advisory role) to deploy which ensured they were not subjected to women prosecutors and magistrates to selected harassment, intimidation or reprisals and that the courts in eastern DRC. The UNJHRO delivered a trials were not conducted in a manner that would major training programme to judicial police compromise the security and dignity of victims officers and provided material support to the and prosecution witnesses. In 2011, JHRO Specialized Police Units for Crimes Against extended its Programme on Access to Justice for Women and Children. Victims of Sexual Violence from two provinces u In March 2011, OHCHR sent a high-level (North and South Kivu) to an additional seven delegation to the DRC to consult with the DRC provinces, bringing the programme’s coverage to Government, UN system and other stakeholders nine out of DRC’s 11 provinces. The expansion of on follow-up measures to the OHCHR Report in the programme resulted in a substantial increase the DRC: Mapping human rights violations in the number of legal clinics assisting victims of 1993-2003. The Mission shared OHCHR’s sexual violence and the number of victims of comments on a bill drafted by the Ministry of sexual violence who received legal redress. In the Justice to establish a specialized court to try seven provinces to which the programme was crimes such as those documented in the Mapping extended, UNJHRO supported a total of 39 legal Report. The Mission also outlined OHCHR’s clinics which provided legal assistance in judicial approach to ensuring follow-up to the report proceedings to 2,263 victims of sexual violence which entails: ensuring broad-based out of 12,311 individuals who visited the clinics consultations, including with civil society; with a complaint. Of the 2,263 victims assisted in providing leadership and coordination for court, 719 cases resulted in a judicial verdict or national and international actors interested in judgment. Only 14 of these judgments are, supporting transitional justice in the DRC; and however, actually being executed. Through both providing substantive support to specific the Protection Programme and the Programme on transitional justice undertakings, such as the Access to Justice for Sexual Violence Victims, the establishment of the Specialized Court and vetting UNJHRO enabled the participation of victims and of DRC’s security sector institutions. witnesses in court proceedings who would otherwise have been absent due to travel costs Access to justice and basic services (EA 4) and fears of reprisals from perpetrators. In sexual u During the year, there was an increase in the violence cases, the participation of 1,491 victims number of victims, in particular of sexual and witnesses was supported in 28 mobile court violence, who were able to seek legal redress, in hearings during which 319 cases were tried. The part due to legal assistance provided by legal UNJHRO’s Protection Programme also offered clinics and free legal consultation bureaus run by protection to victims and witnesses in major trials, bar associations. Victims and witnesses of human such as the criminal trials of the five FARDC rights violations whose perpetrators had been officers identified by the UN Security Council for charged for crimes were also able to participate involvement in sexual violence.

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State engagement with human rights as needing priority measures to protect civilians mechanisms (EA 6) at risk of armed conflict. UNJHRO has also u With UNJHRO’s assistance, the Government strengthened MONUSCO’s decision-making presented a 60-page ‘Plan de mise en oeuvre des process for monitoring the effective recommandations des droits de l’homme’ to the implementation of recommendations made to Human Rights Council’s session in 2011. The Plan peacekeepers for the protection of civilians. identified outstanding recommendations, u With regard to integrating human rights into UN Government departments (and partners) peacekeeping, global developments took place in responsible for their implementation and tentative 2011 emanating from UNJHRO/MONUSCO’s time and cost estimates. The plan, however, has work in relation to conditioning UN support to limitations in terms of concrete targets, deadlines national security forces based on the latter’s and a commitment of resources towards its compliance with human rights standards. achievement. The Government failed to take Although this global development is not directly immediate steps to implement the plan following attributable to UNJHRO’s work, the DRC served its presentation to the Council. as a noteworthy test case of human rights-based u The Government’s Interministerial Committee conditionality by the UN. On 13 July 2011, the responsible for preparing State Party reports to Secretary-General’s Policy Committee adopted a the international human rights treaty bodies UN-wide Human Rights Due Diligence Policy prepared the overdue 16th, 17th and 18th reports (Decision No. 2011/18), which requires that UN to the Committee on the Elimination of Racial support to non-UN security forces is consistent Discrimination. UNJHRO supported the with international law obligations to respect and convening of the Committee to prepare a first protect human rights and international draft of the consolidated report and to humanitarian law. review/validate the draft report, which should be ready for submission in 2012. Challenges and lessons learned

Human rights mainstreaming within the United A number of factors impeded progress achieved Nations (EA 11) towards establishing a State-owned mechanism to u Human rights concerns and approaches are vet and remove personnel in the security sector strongly reflected in the DRC’s United Nations based on their past or current human rights conduct, Development Assistance Framework (UNDAF) including the following: the Government of DRC (2012-2017) which was developed in 2011. Two showed little inclination to engage in multilateral of the UNDAF’s six outcomes are human comprehensive security sector reform and instead rights-focused, namely: “DRC’s institutional gave preference to bilateral arrangements to provide framework and civic structures are strengthened ad hoc assistance to parts of its security sector; to promote human rights and development in the MONUSCO’s mandate, as re-defined in the transition DRC” (Governance Outcome) and “All of DRC’s from MONUC to MONUSCO in UN Security Council regions register significant progress in the resolutions 1925 (2010) and 1991 (2011) did not protection of civilians in armed conflict, respect retain the vetting of security forces as a mission for human rights and the reduction of conflicts” objective as had previous resolutions; and (Peace and Stabilization Outcome). During the transitional justice, which deems the vetting of UNDAF prioritization workshop, UNJHRO served public institutions, including the security services, as as the lead resource on mainstreaming a human a fundamental pillar, also registered limited progress. rights-based approach (HRBA) into the UNDAF, delivering a substantive presentation on HRBA Following the late 2010 release of the OHCHR and auditing the draft UNDAF results frameworks. Report, “DRC: Mapping human rights violations u In mid-2011, the UNJHRO deployed the first 1993-2003” (which recommended vetting among OHCHR-funded human rights officers to a transitional justice mechanisms), the DRC peacekeeping mission dedicated to the protection Government’s follow-up measures exclusively of civilians in eastern DRC which continues to focused on the potential for the prosecution of face intense armed conflict. The deployment of perpetrators through a specialized court rather than nine international human rights officers to other measures, such as vetting. In August 2011, the perform these tasks was only completed in late DRC’s Senate rejected a draft bill to establish the 2011. Thus far, UNJHRO has increased its Specialized Court, citing: concurrent legislation participation in various Protection of Civilians which would grant jurisdiction over these crimes to Missions in eastern DRC, in particular for at-risk different courts; the granting of a special status to the or ‘Must-Protect’ areas that have been identified Court’s judges that was different from the rest of the

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Congolese judiciary; and the presence of United Nations Peacebuilding Support international judges on the proposed Court. The Office in Guinea-Bissau Senate also objected to the Court being exempted from current Constitutional privileges which limit the Year established 1999 (as the Human types of courts before which holders of high public Rights Section of office (the President, Cabinet members, Members of UNOGBIS; as an Parliament) may be tried. This development integrated mission since 2010) underscored the need for consultations with Government, civil society and donors to build Staff as of 31 December 2011 13 broad-based support for transitional justice.

Structural weaknesses in the rule of law are an Background underlying challenge to improving DRC’s human rights situation. Even when military courts charge Guinea-Bissau has started implementing those responsible for serious crimes, they are recommendations emanating from the Universal impeded by military commanders who protect their Periodic Review (UPR) through: ratifying subordinates. It appears that until military operations international and regional human rights treaties; end in eastern DRC, the alliances forged by the submitting reports to treaty bodies; adopting laws central Government will continue; keeping local prohibiting female genital mutilation (FGM) and warlords in power, within the army and out of the human trafficking; preparing for the adoption of new reach of justice. laws (domestic violence and witness protection); revising key legislation, including a partial revision The DRC witnessed an extraordinarily high number of the Code of Penal Procedures; and preparing for of organized prison escapes, often committed with the revision of other legislation. In addition, the complicity of poorly paid prison staff. In a single Guinea-Bissau has issued an open invitation to jailbreak in Katanga province, over 300 inmates special procedures and two visits by special escaped, including persons convicted for war crimes rapporteurs are scheduled for 2012. Progress has and crimes against humanity. These recurrent also been achieved with regard to strengthening the escapes from prisons meant that victims and capacity of the National Human Rights Commission witnesses who had testified against the fugitives, and and Members of Parliament, security and defence the prosecutors and judges who tried them, were at forces and enhancing the administration of justice serious risk of reprisals. Gains achieved in through the adoption of a national policy for the addressing impunity by convicting perpetrators of justice sector. sexual violence were often wiped out by these escapes. MONUSCO’s Corrections Section is working Serious human rights challenges nevertheless remain, to address this concern. such as the need for security sector reform that incorporates principles of human rights and gender A significant lesson learned in 2011 was the equality; continued justice sector reform, including a importance of working closely (within a peace constitutional review and the enacting of important mission) with all other mission components to legislation; strengthening the national legal mitigate and prevent human rights violations during framework; enhancing the independence of national an electoral period. UNJHRO’s close interaction with human rights institutions (NHRIs) according to the the leadership and other parts of the mission, Paris Principles; and strengthening the including UN police and the public information and implementation capacity of State institutions and civil political divisions, was critical to preventing and society organizations (CSOs). investigating human rights violations. The main human rights violations in Guinea-Bissau include arbitrary and illegal arrests and deterioration of detention conditions; widespread sexual and gender-based violence; child abuse and rape; domestic violence; harmful traditional practices; abuse of power by security and military authorities; lack of independence of the judiciary and systematic use of traditional justice as a result of the lack of effective State institutions as well as the centralization of State administration.

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The current format of the Human Rights Section was women’s empowerment, women’s rights and created in January 2010, with the establishment of sexual and gender-based violence. OHCHR also the United Nations Peacebuilding Support Office in supported training on violence against women Guinea-Bissau (UNIOGBIS) as an integrated mission, and assisted with the preparation of the women’s and represents OHCHR in the country. Based on economic and social empowerment project Security Council resolutions 1876/2009, 1949/2010 funded by the Peacebuilding Fund under the and 2030/2011, the Section is mandated to undertake “Gender Promotion Initiative.” human rights promotion, protection and monitoring u OHCHR helped strengthen the capacity of law activities and support the institutionalization of enforcement officials, including in the respect for the rule of law and the fight against penitentiary system, through training, monitoring, impunity. OHCHR has supported all aspects of the reporting and advising respective authorities on implementation of the mandate, including in relation necessary measures. This contributed to a to UPR recommendations and the fight against significant reduction of arbitrary detentions and impunity. It has also contributed to the ill-treatment in prisons and detention centres and implementation of security sector and justice sector prompted the creation of an interdisciplinary reform and the strengthening of the capacity of the committee to provide support to authorities for National Human Rights Commission, Members of the adequate management of the penitentiary Parliament, security and defence forces and CSOs. system. u Training was provided to defence forces Results throughout the country and resulted in improved awareness of international human rights National laws, policies and institutions (EA 1) standards, the role of the military in human rights u As a result of the UPR process which started in promotion and protection and better knowledge 2010, the Government has domesticated several of the Economic Community of West African international and regional human rights treaties States (ECOWAS) Code of Conduct and national (the International Covenant on Civil and Political legislation that is applicable to the military. The Rights (ICCPR), the International Convention on trainings also contributed to the establishment of the Elimination of All Forms of Racial a military judiciary police and allowed military Discrimination (ICERD) and the African Union institutions, such as the Military Prosecutor and Convention for the Protection and Assistance of the Superior Military Court, to work more Internally Displaced Persons in Africa (Kampala autonomously. As a result of the advocacy and Convention)), adopted laws against FGM and training of the Human Rights Component, the human trafficking and is in the process of need for a military justice code and a code of adopting new laws on domestic violence and military discipline was identified. Both witness protection. OHCHR provided inputs to instruments are currently under discussion and the draft laws prohibiting FGM and human likely to be issued in 2012. In addition, the trafficking and a National Policy on Gender training-of-trainers manual for the military has Equality and Equity which is to be adopted in become a tool for mainstreaming human rights early 2012. into security sector reform. u OHCHR also contributed, together with other partners, to strengthening coordination among Justice and accountability mechanisms (EA 3) national institutions responsible for the u A Guardian system within the Office of the administration of justice. Due to a coordinated Prosecutor General to protect against child abuse approach, violators of the newly adopted law on was established, partly as result of the Human FGM were brought to justice and prosecuted; Rights Component’s advocacy in terms of demonstrating that impunity is no longer fundraising and technical support. The Human tolerated. Rights Component also strengthened the u A study on violence against women was prepared coordination and oversight role of the Guardian and published with the support of UN Women, ad litem system over the judiciary police with UNFPA and UNIOGBIS/OHCHR. The study regard to child protection. enabled national authorities to measure the u The Human Rights Component facilitated the problem of gender-based violence, revise creation of an interdisciplinary committee to strategic documents, readjust the draft Policy on ensure compliance of prisons and detention Gender Equality and Equity, as well as the draft centres with international standards for detention. law on domestic violence. OHCHR facilitated The Committee is made up of Government coordination among UN Gender Thematic Group departments in charge of the penitentiary system members who dealt with matters related to (Ministries of Justice, Interior and Health), the

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Office of the Prosecutor General, courts, ICRC, Group II and leading partner for the non-governmental organizations (NGOs), the implementation of Benchmark II of the UNDAF European Union and the Human Rights Working Plus, OHCHR provided technical support to the Group. As a result of monitoring findings in the Strategic Planning Group to ensure the area of the administration of justice, the integration of human rights into the UNDAF Plus. Government agreed to the creation of an As a result, the Poverty Reduction Strategy Paper integrated structure for the administration of the includes, for the first time, a human rights corrections system. OHCHR provided technical dimension as a cornerstone for peace support for the drafting of the terms of reference consolidation, poverty reduction and stability. In of the structure, which is expected to be created addition, human rights have been integrated in in early 2012. Outcome Group IV as a basis for security and u The role of civil society in human rights justice sector reform. protection and monitoring was enhanced through the creation of a national forum for coordination and information sharing among CSOs with regard Challenges and lessons learned to cases of human rights violations, joint monitoring and reporting, assessments and Sustained reinforcement of the capacities of training activities. Civil society and the NHRI national institutions and civil society organizations issued public statements on violations of human is required to enhance human rights protection, rights and the rule of law. coordination among all stakeholders, monitoring and reporting. Human rights mainstreaming within the United Nations (EA 11) One of the lessons learned was that the strong u Gender was mainstreamed in the Second Poverty engagement of Government, State institutions, civil Reduction Strategy Plan (PRSP II) and the United society organizations, including belief groups, Nations Development Assistance Framework combined with a well-coordinated approach and (UNDAF). OHCHR contributed to the joint strategy among all partners, is most likely to identification of the elements to be integrated yield tangible results. Proof of this position is the into the PRSP II and the formulation of a human adoption of two important new laws on FGM and rights dimension. As a member of Outcome human trafficking. © UNHCR/S. Schulman

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United Nations Mission in Liberia Results

Year established 2003 National laws, policies and institutions (EA 1) Staff as of 31 December 2011 46 u In June, the Liberia Legislative Staff Human Rights Association was established with the objective of promoting the domestication of international Background human rights instruments. HRPS contributed to its establishment through technical support. Encouraging progress was achieved in Liberia, Technical and financial gaps were identified in including through instilling human rights in the security the process and an agreement was reached to sector, the development of a national human rights address these gaps through international action plan and the promotion and protection of the cooperation. rights of disempowered persons, such as women, u HRPS, together with national and UN partners, children and persons with disabilities. A number of participated in the development of the Children’s human rights challenges nevertheless remain, such as Act, a child justice curriculum and ethical deficiencies in the administration of justice, pervasive guidelines for professionals working with sexual and gender-based violence and the lack of children in conflict or in contact with the law. fulfilment of economic and social rights. HRPS’ input included ensuring that human rights were mainstreamed in relevant legislation and OHCHR carries out its activities in Liberia through policies. The comprehensive and human-rights the Human Rights Component of the United Nations compliant Children’s Bill was signed by the Mission in Liberia (UNMIL). In 2011, the Human President in February 2012. Rights and Protection Section (HRPS) prepared for u The Senate adopted the Decent Work Law in the planned UNMIL draw-down by developing the 2011. In collaboration with ILO, HRPS provided capacity of Government authorities to fulfil their technical advice to the Ministry of Labour on a human rights obligations and equipping civil society capacity development plan to oversee the with the knowledge and tools to claim their rights. implementation of the Law and monitor its compliance with international human rights On the eve of the run-off election, however, Liberia’s standards. security forces reportedly used excessive force while u HRPS also provided technical support to the responding to protestors from the Congress for National Human Rights Action Plan (NHRAP) Democratic Change (CDC). This resulted in the death Steering Committee and its subcommittees which of at least one person, with several others sustaining initiated consultations with State and civil society injuries and bullet wounds. HRPS monitored actors. A first outline of the plan was formed detention and health facilities and followed up with during the consultation workshops. HRPS relevant stakeholders, including the Special provided technical support to data analysis Independent Commission of Inquiry established by related to the National Human Rights Survey, the President to investigate the circumstances capacity development of the Liberia Institute of surrounding the events and identify those Statistics and Geo-Information Services (LISGIS) responsible. on human rights statistics and the formulation of human rights indicators for the NHRAP and The post-electoral crisis in Côte d’Ivoire prompted a national development policies. massive influx of refugees into Liberia, triggering u In addition, HRPS provided technical advice to human rights, humanitarian and security concerns the Independent National Commission on Human and exerted immense pressure on the resources of Rights and the newly created National host communities. HRPS took the lead on the Commission on Disabilities. HRPS assisted them question of the internment of suspected Ivorian with the formulation of their respective strategic armed elements. plans in line with international standards for human rights institutions. HRPS also advised the In 2011, HRPS achieved significant results in increasing Human Rights and Disability Task Force which broad-based participation in the Government’s helped civil society organizations to view development processes. It also ensured the United disability from a human rights perspective and Nations Country Team (UNCT) applied a human advocated for the establishment of the National rights-based approach (HRBA) to its programming, Commission on Disabilities. including in relation to Liberia’s Second Poverty u Human rights training has become an established Reduction Strategy Paper (PRSP II 2012-2017). practice in the Liberia National Police, the Bureau of

244 OHCHR REPORT 2011 OHCHR IN THE FIELD: AFRICA © UN Photo/Staton Winter

Liberians waiting to cast their ballots in their country's constitutional referendum.

Immigration and Naturalization and the armed departmental staff of NIC. As a result of HRPS’s forces of Liberia, following efforts by HRPS technical support, stakeholders in the public and during which instructors promoted human rights private sectors and civil society, including the standards and peer-monitoring of personnel. A Liberia Chamber of Commerce, undertook training programme was conducted for initiatives to promote the adoption of human personnel of the Special Security Service to rights standards by business enterprises. integrate human rights standards into their training and operations systems. Participation (EA 5) u The Ministry of Planning and Economic Affairs u Civil society networks were able to gather data (MPEA) hosted a national workshop to and monitor the implementation of a human familiarize its staff with the concept of HRBA to rights-based approach in Liberia’s Poverty mainstream human rights in Liberia’s PRSP II Reduction Strategy and County Development 2012-2017 with technical advice and training Agendas in relation to health, education and the from HRPS and UNDP. The workshop enhanced rights of persons with disabilities in five counties, dialogue between the MPEA and civil society on with technical support provided by HRPS. the monitoring of local development processes u Results of a pilot project on the new Freedom of and the rights of persons with disabilities. As a Information Law, the County Development Fund result, a briefing paper analysing the Liberian (CDF) and Social Development Fund (SDF), National Budget for 2011-2012 from a human implemented in three counties, with support rights perspective was presented to the from the World Bank, included the: (i) legislature by civil society organizations. establishment of a civil society human rights and u The National Investments Commission (NIC) budget network for budget monitoring and endorsed a Ten Principles Framework on advocacy on various sectors, including health, at Business and Human Rights. The Framework county level; (ii) production of a booklet to enumerates business and human rights enhance the capacity of local civil society standards for NIC when negotiating and organizations to monitor accountability and developing concession agreements and transparency of CDFs and SDFs; and (iii) monitoring and advising business operations. creation of a database containing over 300 active This came about following training sessions civil society organizations in 15 counties in conducted by HRPS on the subject for order to strengthen civil society engagement in

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the 2012 PRSP II nationwide consultation Challenges and lessons learned processes. HRPS provided technical support and played a facilitating role in the project. There has been continued progress in building a u A briefing paper analysing Liberia’s National foundation of knowledge and capacity among a Budget for 2011-2012 from a human rights range of State actors to promote and protect perspective was presented to the legislature by human rights. A sustainable initiative has been civil society organizations. The process began undertaken in the security sector by trained with the MPEA hosting a national workshop on human rights instructors to promote human rights mainstreaming human rights in Liberia’s PRSP II standards through training of their peers. There is 2012-2017 to which HRPS and UNDP provided a need, however, to focus on the Emergency technical advice and training. A dialogue was Response Unit (ERU) and the Police Support Unit then established between the MPEA and civil (PSU), the only armed elements within the Liberia society on the need to monitor development National Police (LNP), as they showed weaknesses processes which led to inputs from civil society in performing according to human rights standards on Liberia’s national budget. Civil society during student demonstrations in March 2011 and networks also monitored the implementation of events in November 2011 at the CDC Party Liberia’s Poverty Reduction Strategy and County headquarters. Development Agendas in the areas of health and education. Another challenge has arisen due to the fact that the recently established national human rights State engagement with human rights institution has not met the expectations of the mechanisms (EA 6) Liberian people due to internal disputes. The u Following its review under the Universal Periodic HRPS has had to revise its originally projected Review (UPR) mechanism, the Government programme of technical assistance to the began implementation of its recommendations institution. (see above).

Human rights mainstreaming within the United A vegetable farm in Lofa County helps young Nations (EA 11) vulnerable women live dignified lives u A human rights-based approach to monitoring and evaluation was included in the United In Lofa County, the number of young women living in Nations Development Assistance Framework extreme poverty is high. Typically, many are (UNDAF). The Monitoring and Evaluation undereducated and face numerous economic and Technical Support Group to the Inter-Agency social challenges. Some of these women are not supported by their families and have been abandoned Programming Team (IAPT) collaborated with UN by their partners. As job opportunities in Lofa are agencies on mainstreaming human rights, gender scarce, especially for illiterate young women, they are and results-based management in UNCT projects left vulnerable to sexual exploitation and gender-based and programmes. As a result, a database is being violence. As a last resort, some have become engaged developed as a common tool and reference for in exploitative prostitution. individual agencies and to facilitate joint The Young Women Empowerment Sustainable programming. HRPS spearheaded these initiatives Organization (YWESO) is a grassroots civil society as the lead organization on mainstreaming human organization in Voinjama created by a few educated rights into the work of the United Nations. young Liberian women who were affected by the u Humanrightswereintegratedinthejusticesector plight of their less fortunate sisters. Their objective is and human rights capacity was enhanced, to save vulnerable women from sexual exploitation. including through the Pre-trial Detainees Taskforce They address the root causes of exploitative which is mandated to address issues concerning prostitution which include poverty, lack of education pre-trial detainees. Thanks to the efforts of the and unemployment. OHCHR supported the Taskforce, among other factors, the percentage of establishment of a vegetable farm near Voinjama by providing funds for farming tools, vegetable seeds and pre-trial detainees decreased in 2011. The HRPS, the initial cleaning of the farmland. The farm is together with other partners, contributed to this managed by YWESO and provides training in farming result by monitoring activities and advising the skills and alternative livelihood opportunities for 25 Government on the establishment of appropriate vulnerable women. It is an opportunity to promote mechanisms for the appointment of judges, economic and social rights in a rural environment and magistrates and public defenders, effective record develop the capacity of the women to realize and fully keeping and improved coordination between enjoy their rights. police and prosecutors.

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United Nations Integrated Peacebuilding Office in Sierra Leone

Year established 1998

Staff as of 31 December 2011 8 © OHCHR/Sierra Leone

Background

Sierra Leone has made progress in building capacity for the promotion and protection of human rights. An active multiparty democracy has evolved and the enactment of crucial laws in 2011, including the Persons with Disability Act, improved the legal framework which protects vulnerable persons. Customs and traditions, however, still promote harmful practices and discrimination that prevent the full implementation of these laws. The Human Rights Justice Sector forum organized by OHCHR in western Sierra Leone. Commission of Sierra Leone (HRCSL) made substantial progress in 2011, culminating in the in the UPR process and built the capacity of civil awarding of “A” status by the International society to advance human rights in the country. The Coordination Committee of National Human Rights Section also engaged in training and advocacy Institutions (ICC). The country actively engaged in activities with a wide range of stakeholders, has the Universal Periodic Review (UPR) process and the continuously monitored the human rights situation implementation of UPR recommendations has and intervened when required. In response to begun. The socioeconomic conditions remain monitoring findings, for instance, new strategies extremely challenging and the increasing presence of were put in place to enhance coordination between extractive industries in the north is creating serious justice sector institutions. human rights concerns. Power-sharing and land disputes led to unrest in certain communities. Results Financial and capacity constraints negatively impacted on the administration of justice and created National laws, policies and institutions (EA 1) room for impunity. The upcoming 2012 elections u The HRCSL made substantial progress in 2011 represent one of the major challenges that the and as noted above, was awarded “A” status by country is facing and serious cases of political the ICC in July. The Commission established a violence have already been registered. Monitoring and Research Directorate to Disproportionate use of lethal force by the police, effectively monitor and report on human rights lack of mechanisms for transparent internal issues. The HRS provided financial and technical investigation and an indefinite blanket ban on support to the implementation of the projects. In political activities (recently lifted) resulted in multiple collaboration with UNDP, HRS also helped the violations of fundamental human rights. The Commission to establish the Directorate, constitutional review process and the delivered training on monitoring and reporting implementation of crucial recommendations made for 34 commissioners and staff and helped by the Truth and Reconciliation Commission, develop monitoring and reporting tools. including the abolition of the death penalty, have u Several chiefdoms have now formed Chiefdom been postponed until after the elections. Human Rights Subcommittees to promote and protect human rights in rural communities. The OHCHR has been involved in Sierra Leone since Section contributed to this result through constant 1998 as part of successive UN missions. The field engagement with civil society, and in particular presence engaged with the Government and by supporting the District Human Rights Members of Parliament in promoting human rights Committees. legislation and was instrumental in the achievements u In 2011, eight district justice sector coordination of the Human Rights Commission of Sierra Leone fora were held in the area of administration of (HRCSL). The United Nations Integrated justice. Their aim is to provide a platform for Peacebuilding Mission in Sierra Leone (UNIPSIL) justice sector stakeholders to discuss monitoring Human Rights Section (HRS) was essential in findings and devise practical strategies, including ensuring the active participation of all relevant actors advocacy measures, to improve justice delivery.

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The fora resulted in tangible successes, such as u In reports of a number of recent cases of SGBV, the improvement of detention conditions; the State actors performed their roles correctly and release of juveniles detained with adults; the victims were duly protected. In cases when this fast-tracking of cases blocked in court; a did not occur, victims held the authorities reduction in the delay of sexual and accountable. Monitoring and sensitization gender-based violence (SGBV) cases in court (30 activities by the HRS helped ensure this result. SGBV cases that had been awaiting hearings before the High Court for two to three years were Participation (EA 5) finally heard); and the ceasing of arbitrary arrest u The Section has delivered or supported training to and detention of people by police without bail. a large number of actors in the justice sector. The The HRS played an important role in the participants later shared their knowledge with their promotion of these fora. own communities, Sierra Leonean peacekeepers, u In a landmark decision, during its first civil society organizations and journalists. The (quasi-judicial) tribunal hearing in June, the latter immediately made use of the acquired skills Human Rights Commission of Sierra Leone ruled in their daily work which contributed to improving in favour of 235 ex-servicemen of the Sierra the quality and accuracy of reporting the news Leone Armed Forces (RSLAF) who had been from a human rights perspective. compulsorily retired after having been u As a result of an engagement that began in 2010 categorized as “chronically ill” and “mentally and was reported on last year, the Government unbalanced,” and urged the Government to pay of Sierra Leone enacted the Persons with their end of service benefits and issue new Disability Act 2011, which largely fills the gap discharge cards. The HRS provided technical between Sierra Leone’s international obligations advice to the HRCSL. Support was also provided and its national legal framework. Accessibility of by partners of the UN Joint Vision Programme. persons with disabilities to basic services Supporting the HRCSL’s quasi-judicial function is nevertheless remains a challenge. The Section particularly important because, despite a strong conducted extensive research on the rights of mandate, both the Government and judiciary are persons with disabilities which looked into, inter reluctant to provide the necessary support to the alia, access to health, employment and other Commission in this area. economic and social opportunities. It published u A post-graduate programme in human rights and a public report following this research in order conflict resolution at the University of Sierra Leone to support the Government in its efforts towards was developed with the support of HRS and a the implementation of the Act. The Government number of its partners. The programme was responded positively to some of the launched in September 2011 and will be delivered recommendations, in particular fast-tracking the by the University of Sierra Leone in partnership establishment of the National Commission on with Scuola Superiore Sant’Anna, in Pisa, Italy. Persons with Disability. In January, a Steering u A draft Gender Equality bill was drafted and Committee began meeting every two weeks to submitted to the Government through the Office prepare a plan and time frame. As indicated in of the Attorney General. The Section provided the Act, all members of the future Commission technical and advisory services to the will be part of the Steering Committee. Government, in particular to the National u A draft bill on securing a 30 per cent quota for Committee on gender-based violence and civil women in decision-making positions has been society organizations. In collaboration with the tabled. The HRS, in collaboration with the UNIPSIL Political Affairs Section, HRCSL hosted UNIPSIL Political Affairs Section, provided several consultative meetings. technical support and participated in the deliberations leading to this result. Currently, Access to justice and basic services (EA 4) pressure is mounting for the draft bill to be u Training delivered by the HRS in collaboration enacted in early 2012 to ensure that the 30 per with HRCSL on SGBV, engaging State agents and cent quota will be respected in the upcoming utilizing existing mechanisms in cases of general elections in November 2012. violations resulted in the formation of support groups made up of women and men from State engagement with human rights strategic sectors that disseminate this knowledge mechanisms (EA 6) in their respective communities, monitor u The Government of Sierra Leone, with the implementation of the laws and provide support support of OHCHR, was able to meaningfully to victims wishing to access justice. participate in the UPR process. A total of

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129 recommendations were issued and the services such as joint regional offices, a Government accepted all of them except the multi-donor fund, a joint strategic unit, a recommendation related to sexual orientation. medical facility, security services and a vehicle The Section’s high-level strategic engagement repair shop to enable the UN to deliver its with the Government continued after the services holistically by maximizing synergies adoption of the report with the organization of a and avoiding duplication and overlapping national conference to review the outcome of interventions. the UPR. In following up on the outcome report u The Section observed that in the past, the UN of the conference and the conference resolution, directly supported the Government in theOfficeofthePresidentwrotetoallrelevant producing reports to the treaty bodies. While ministers and departments directing the this support was instrumental in achieving mainstreaming of the UPR recommendations submission of the reports to the Committee on into their programmes. the Rights of the Child and the Committee on u ThesignificantattentionpaidtotheUPRprocess the Elimination of Discrimination against partially explains why achievements in treaty Women, it did not take into consideration the reporting have been slow and limited to the existing national reporting strategy which is submission of the common core document. After valid for all State Party reports to the treaty an intense engagement, the Section succeeded bodies and establishes the Human Rights in re-energizing the National Reporting Strategy, Secretariat of the Ministry of Foreign Affairs triggering high-level commitment and delivering and International Cooperation as the lead training in treaty body reporting to ministerial agency. UN agencies dealt directly with focal points. Concrete steps have not yet been relevant ministries, thereby sending takentofollowuponthetraining.Parallelto contradictory messages and jeopardizing HRS’s this engagement with the Government, HRS capacity-building efforts in this sector. In provided training to civil society organizations addition, UN agencies previously recruited on ‘shadow reporting’ to the treaty bodies. consultants to write the reports rather than building the capacities of national actors to do Civil society engagement with human rights so. The Section raised this issue at the UNCT mechanisms (EA 7) level and sought better coordination on treaty u With the support of HRS, the Human Rights reporting. As a result, UNIPSIL and the Human Commission played an outstanding role in the Rights Secretariat of the Ministry of Foreign UPR by actively participating in the process in Affairs are actively involved in the production Geneva, holding regional consultations with of the next periodic report to the Committee on stakeholders ahead of the adoption of the report the Rights of the Child. and organizing a national conference to review u The coordination among partners of the UNCT the outcome of the UPR for Sierra Leone. through its UNJV Programme 2 on “Access to Participants included the President of Sierra Justice and Human Rights” was strengthened by Leone as well as the Vice-President, cabinet pooling resources in joint activities ranging ministers and Members of Parliament, civil society from trainings to support in launching a and international development partners. post-graduate university programme in human Important results from the two-day event rights and conflict resolution and the included a conference resolution, an outcome publishing of a joint newsletter on human report with priorities, tasks and responsible actors rights entitled “2gether.” for follow-up and an agreement to hold another national conference in 2013 to review progress in The Section’s efforts to ensure Sierra Leone’s the implementation of UPR recommendations. successful participation in the UPR facilitated effective follow-up to the UPR outcome. UNIPSIL’s technical Human rights mainstreaming within the United support to a national conference to review the Nations (EA 11) outcome of the UPR and map out strategies for the u In December 2008, UNIPSIL and the UNCT implementation of the recommendations has produced adopted a UN Joint Vision (UNJV) under which positive results. The Office of the President has they agreed to combine their efforts to further already directed relevant ministers and departments to the consolidation of peace. UNIPSIL and the take immediate steps towards the implementation of UNCT have established common facilities and the UPR recommendations.

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Challenges and lessons learned United Nations Political Office in Somalia

In response to coordination flaws in justice sector Year established 2008 institutions, UNIPSIL promoted the establishment of Staff as of 31 December 2011 9 coordination fora among justice sector institutions. The successes of this initiative have shown that promoting regular exchange of information and Background enhanced coordination among key actors at local levels can contribute to addressing profound While the regions of Somaliland and Puntland enjoy challenges with few resources. relative stability, south-central Somalia continues to be plagued by armed conflict characterized by In terms of treaty reporting, achieving the violations of human rights and humanitarian law. Section’s expected accomplishments proved The famine that affected the Horn of Africa in 2011 challenging. Partly due to the Government’s focus resulted in massive displacement and aggravated the on the UPR, the undertaking of concrete steps on human rights crisis in Somalia. It also created acute treaty body reporting started late in the year. In protection concerns, such as the emergence of addition, capacity constraints in the Government sexual violence against internally displaced women undermined efforts to work consistently on this and girls. objective. Thus, despite the support of UNIPSIL and the Government’s overall commitment, results In 2011, armed extremists were responsible for are limited. massive human rights violations. Due to a climate of heightened insecurity, certain categories of people were singled out for targeted assassinations, including journalists, traditional and religious leaders, Child abduction and forceful initiation (female genital mutilation) as well as Government officials and judges. On the other hand, arbitrary arrest and detention by the Somali authorities on suspicion of linkages to The abduction and forceful initiation of girls and boys insurgents, lack of due process and substandard is a major issue affecting children’s rights in Sierra Leone, especially in the eastern and northern regions. detention conditions are widespread. Democratic Young girls continue to be submitted to female genital space is restricted, as indicated by the frequent arrest mutilation (FGM) as part of the ‘rites of passage’ from and incarceration of journalists in all parts of the childhood to adulthood and initiation into the ‘Bondo’ country on charges of defamation and slander. secret society. The intervention by UNIPSIL and its Minimum core elements of economic and social partners has delivered mixed results and the context rights, including the rights to health, food and has sometimes imposed difficult choices on human education, remain unmet. Discrimination, in rights defenders. In one instance, the Human Rights particular against women and minority clans, Commission of Sierra Leone had no other option but remains a serious concern. Somali institutions lack to pay a sum of 600,000 Leones (US$150) to secure the capacity and resources to meet their the release of six girls held hostage in a Sowei Shrine in Makari Gbanti chiefdom, Bombali district in the responsibilities vis-à-vis human rights. northern province. Soweis are traditional leaders within the Bondo society who conduct FGM, and their In 2011, military offensives by the Transitional initiation lasts for months during which time girls are Federal Government (TFG) and the African Union abducted and kept isolated. This process not only Mission in Somalia (AMISOM) combined with tactical violates the physical integrity of the girls, but also withdrawals by Al Shabaab led to territorial gains for negatively impacts on their rights to liberty and the TFG and made possible the redeployment into education. In this case, after traditional and religious Somalia of the United Nations Political Office for authorities repeatedly failed to secure the release of Somalia (UNPOS), which had been organizing its the girls, the HRCSL paid the amount requested by operations in Somalia from Nairobi. While the owner of the shrine. Local and traditional authorities are often hesitant to intervene in such opportunities for progress in the area of human matters for fear of reprisals from secret society rights have opened up, the security situation remains members. While the release was welcomed, the fact volatile and the political situation unstable as the that it could only be secured through the payment transition period approaches its end in August 2012. demonstrates that recent strategies adopted by the Government to prevent the initiation of children The Human Rights Unit (HRU) was created within continue to face resistance at the community level. UNPOS in 2008 with the broad mandate to carry out monitoring and capacity-building in the area of

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human rights. Somalia engaged actively in the Constitution-making process by promoting two Universal Periodic Review (UPR) process in 2011 dialogues in Mogadishu that provided an and the UPR recommendations chart a opportunity for Somalia-based human rights comprehensive vision for improving the human defenders, civil society groups and Government rights situation in Somalia. Following the adoption officials to review the text from a human rights by the Human Rights Council of several resolutions perspective and provide their comments to the calling on OHCHR to support the Somali authorities Federal Constitutional Commission. The draft through technical cooperation in the area of human Constitution is expected to be adopted in 2012. rights and at the request of the TFG, a Memorandum u In Somaliland and Puntland, progress was of Understanding is expected to be signed in 2012. achieved towards the establishment and functioning of regional human rights institutions. Results Legislation establishing the Somaliland National Human Rights Commission is based on a National laws, policies and institutions (EA 1) legislative framework that, although not fully u Security sector development was identified as a compliant, is close to the spirit of the Paris priority for Somalia in the September 2011 Principles. In Somaliland, the Unit assisted the Roadmap to End the Transition. The Human Somaliland Human Rights Commission in carrying Rights Unit supported the Somali authorities in out an assessment of its strengths and trying to bring an end to rampant impunity by weaknesses as a baseline for the development of mainstreaming human rights in security sector its future strategy. In Puntland, legislation was development and the rule of law. The Human passed establishing the Office of the Human Rights Unit contributed to the work of the Rights Defender. The Human Rights Unit Military and Police Technical Working Group and advocated for compliance with the Paris the Joint Security Committee to ensure attention Principles by commenting on the draft law for the to key issues such as accountability of security regional human rights institution and organized a forces, civilian oversight and the treatment of series of consultations for civil society and ex-combatants in accordance with international regional authorities on the role and functions of standards. human rights institutions. u The adoption of a new Constitution for Somalia u In December 2011, the TFG established a Task was identified as a second priority in the Force, reporting directly to the Prime Minister of Roadmap. The HRU contributed to the Somalia, to adopt measures to prevent and © UN Photo/Stuart Price A Somali woman and her child seeking medical attention during the severe drought that affected the Horn of Africa.

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address gender-based violence. This was partly Challenges and lessons learned the result of a monitoring project of the Human Rights Unit which documented cases of sexual Several external and internal challenges in 2011 violence against women and girls in camps for continued to hinder the promotion and protection of internally displaced persons (IDPs). A strategically human rights in Somalia. planned visit by the Special Rapporteur on violence against women contributed further to The armed conflict, coupled with widespread armed placing the question of gender-based violence on violence, often along clan lines, make large parts of the Government’s agenda. Somalia unsafe for humanitarian or human rights work. Security restrictions prohibit access to Justice and accountability mechanisms (EA 3) south-central Somalia, and in Mogadishu, u In the area of the rule of law, the Human Rights subordinate movement to heavy security measures, Unit chairs the Justice and Corrections Technical such as armed escorts. Activities in the areas of Working Group, which seeks to strengthen monitoring and investigation are complicated further cooperation among key national and international by witness and victim protection considerations. actors in the administration of justice. The right to a fair trial, access to justice for discriminated In spite of the volatile security environment, the groups, the independence of the judiciary, and Human Rights Unit was able to carry out most of its international standards for detention have been activities inside Somalia in 2011. placed on the agenda thanks to the advocacy and leadership of the Human Rights Unit. The de facto division of areas of Somalia that are not u The Unit collaborated with UNICEF and UNODC under the control of armed extremists into three for an assessment of the corrections system. In regions (Mogadishu, Puntland and Somaliland) with Somaliland, the Unit trained 30 prison officials from distinct authorities, needs and demands for technical the Somaliland Custodial Department of the Ministry assistance, present other challenges for the Human of Justice. Partly as a result of this engagement, the Rights Unit which finds itself thinly spread between the Ministry of Justice of Somaliland established an three regions. In Mogadishu, internal strife within the internal monitoring mechanism which conducts transitional federal institutions, accompanied by periodic visits to all prison facilities in the region. frequent changes in cabinet and leadership, make it u The Human Rights Unit trained law lecturers from difficult to identify a clear duty-bearer. In the complex Mogadishu University, East African University, political environment of Somalia, a key lesson learned Puntland State University and Hargeisa University is the importance of working with the Somali on human rights in the administration of justice in authorities in a collaborative manner that ensures their order to strengthen their legal skills, increase participation in setting the human rights agenda and understanding of their critical role in developing guarantees national ownership with accountability for a human rights culture and facilitate a unique commitments undertaken. exchange across different regions and legal traditions of Somalia. The trainees are expected Another key challenge is the small size of the Human to train other legal practitioners in 2012. Rights Unit in comparison to the vastness and complexity of the issues faced in Somalia. The State engagement with human rights integration of the Human Rights Component in mechanisms (EA 6) UNPOS, in accordance with established policy and u In the course of 2011, the TFG presented its practice, provides numerous advantages to the Human national report to the Human Rights Council in Rights Unit, notably in the areas of security, logistical the context of the UPR and accepted, in full or in and administrative support. Some stakeholders, part, all 155 recommendations. OHCHR and the however, have criticized the Unit’s integration into a Human Rights Unit supported this engagement by political mission, which may be perceived as organizing a workshop to familiarize senior TFG compromising the Unit’s independence and impartiality. officials (including its current Prime Minister) with human rights, extend technical cooperation to the Notwithstanding these challenges, in a TFG in the drafting of the national report, and conflict-afflicted and highly polarized society, the facilitate the Government’s participation in the inclusion of human rights in the political process and UPR discussion in Geneva in May 2011. The Unit the promotion of core elements of civil, cultural, has translated into Somali and published economic, political and social rights are key to UPR-related documentation to promote achieving sustainable peace. Existing military and awareness of recommendations and commitments political strategies must therefore be accompanied by made in the country. increased engagement in the area of human rights.

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United Nations Mission in Sudan and the undertakes capacity-building activities, in close United Nations Mission in South Sudan collaboration with the South Sudan Human Rights Commission and UN agencies, funds and Year established 2005 (UNMIS); programmes, aimed at developing sustainable 2011 (UNMISS) national capacity for the promotion and protection Staff as of 31 December 2011 102 of human rights.

The Transitional Constitution of the Republic of Background South Sudan (TCSS) includes far-reaching provisions in its Bill of Rights which guarantee civil, political The year under review witnessed significant political and socioeconomic rights to citizens of the Republic. developments in the Sudan, the most notable of Notable among these provisions is affirmative action which was the peaceful referendum in January 2011 for the participation of women in political and public that led to the independence of the Republic of life. Despite progress achieved by the Government South Sudan on 9 July 2011. to create a society in which respect for human rights and democratic principles is ensured, profound In 2005, Security Council resolution 1590 mandated challenges remain. An inadequate legal framework the Human Rights Section of the United Nations and many outstanding international human rights Mission in Sudan (UNMIS) to assist in the instruments that have not yet been ratified makes it implementation of the Comprehensive Peace difficult for the State to be held accountable and Agreement (CPA) which ended more than 20 years contributes to a climate of impunity. The new of conflict between the Government of the Sudan Government of South Sudan has demonstrated a lack and the Sudan People’s Liberation Movement/Army of tolerance for political opposition and the press by (SPLM/A). The mandate of UNMIS covered north frequently restricting freedoms of expression and the and southern Sudan and expired in July 2011 with press and subjecting those who hold contrary the conclusion of the CPA’s interim period. political views to harassment, arbitrary arrest and detention. The human rights situation worsened in The Sudan continues to face numerous human rights part due to insecurity caused by the activities of challenges. While some progress has been made in rebel militia groups (RMGs) during the legislative and institutional reforms, overall post-independence period. In addition, numerous democratic transformation remained precarious. Parts inter-ethnic clashes resulted in many deaths and the of the legal framework, such as the National Security abduction of a large number of women and children. Act and the Criminal Act, infringe on fundamental Finally, the combined impact of the arrival of rights and freedoms. The harmonization of national returnees and refugees from the Sudan, drought, and laws with international human rights principles, as overburdened resources has deepened the envisaged by the CPA, has advanced at a slow pace. humanitarian crisis. Restrictions on civil and political rights and the curtailment of the freedoms of expression and the Results press persisted. Increasing demands for reforms by political opposition groups, civil society National laws, policies and institutions (EA 1) organizations (CSOs) and students have been met u In the Sudan, some progress has been achieved with arrests and detention by the security forces. through legal and legislative reforms, as well as Human rights defenders continue to face difficulties institutional arrangements. Implementation of the and impunity for human rights violations remains a referendum law, for instance, allowed for the recurring problem. exercise of the right to self-determination that paved the way for the independence of South Following the independence of South Sudan, the Sudan and a number of reforms. Reform of Security Council established the United Nations legislation that impacts on human rights is still Mission in South Sudan (UNMISS) in 2011 with a needed, including for the National Intelligence mandate to consolidate peace and security in South and Security Service (NISS) Law, the Criminal Sudan and help establish conditions for the Procedure Law and the Press and Publications development of the country. The Human Rights Law. The Human Rights Component of UNMIS Division (HRD) of UNMISS has a robust mandate provided advice and commentaries to the that includes monitoring, investigating and reporting National Assembly. on human rights and potential threats against the u In South Sudan, the adoption of the TCSS opened civilian population, as well as violations of a space for political pluralism and paved the way international humanitarian law. In addition, the HRD for democratization. The Bill of Rights under the

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TCSS recognizes international human rights treaties justice. The UNMISS Human Rights Component ratified by South Sudan as national law. The participated in the advocacy that led to the UNMISS Human Rights Division provided technical adoption of the SOP. support for the drafting of the TCSS and in relation u Human rights have been identified as a to the anticipated ratification of international cross-cutting issue under the Fifth Pillar of the treaties. Most of the comments provided by the Development Plan for South Sudan. In close Human Rights Component on the South Sudan collaboration with UNDP, UNMISS’ Human Rights Nationality Act of 2011 were incorporated into the Division will strengthen the capacity of the South Act. The right to housing was added to the Bill of Sudan Human Rights Commission to advocate Rights during the constitutional review process. and promote civil and political rights, as well as This amendment is highly welcome in the context economic, social and cultural rights. of rapid urbanization. u In South Sudan, a Human Rights Forum was u In South Sudan, the Sudan People’s Liberation established but has not yet begun to meet on a Army (SPLA) is undergoing a conversion from a regular basis. The Human Rights Forum provides guerrilla force into a professional and disciplined a platform for dialogue and exchange of armed force designed to operate under information on human rights concerns between democratic civilian control. Compliance with the Government, the United Nations and other human rights standards improved in part as a stakeholders. result of human rights trainings held by the Human Rights Component of UNMISS for division Justice and accountability mechanisms (EA 3) commanders and military personnel. u In South Sudan, as a result of a report issued by u Significant progress has also been made in UNMISS Human Rights, the President of the strengthening the capacity of the South Sudan Republic ordered a high-level inquiry into National Human Rights Commission. UNMISS’ allegations of human rights violations by the Human Rights Division established a strong Southern Sudan Police Service (SSPS) at the Rajaf working relationship with the Commission as the Police Training Centre. The report documented a major partner for the implementation of pattern of serious human rights violations by senior programming in the new country through police officers, including arbitrary detention, torture training, technical and advisory services and joint and rape of police recruits at the Centre. The programmes. The Commission has not yet Minister of the Interior has taken steps to address adopted its internal complaints mechanism, rules some of the human rights concerns raised in the of procedure or strategic plan; all of which were report. The SSPS, however, continues to face developed with the technical assistance of a significant challenges in becoming an effective, consultant under an OHCHR-sponsored project. accountable and professional law enforcement u In South Sudan, a consultative meeting organized authority that operates in compliance with human by the Human Rights Division of UNMISS with rights standards. The Division provided trainings justice-sector institutions in Northern Bahr el and manuals for trainers to equip police educators Ghazal to examine the issue of prolonged with capacity-building tools. detention resulted in an agreement to undertake a review of detentions in the State. At the end of Participation (EA 5) the exercise in October 2011, 103 detainees were u More awareness of human rights in both the released because their arrest warrants had Sudan and South Sudan has resulted from expired, due to an absence of diligent sensitization at the State level, establishment of prosecution or following a determination that human rights clubs in schools, State-level human they were being detained for civil matters. rights forums, the South Sudan Human Rights u In Lakes State, South Sudan, the standard Forum, radio programmes and promotional operating procedure (SOP) for response to and campaigns in commemoration of international prevention of gender-based violence was agreed human rights days. More Sudanese and South to by relevant Government ministries, justice Sudanese are asserting and demanding their sector departments, traditional and community rights than ever before. The Southern Sudan leaders, UN agencies, international non- referendum witnessed a record number of governmental organizations (NGOs) and local Southern Sudanese exercising their right to vote civil society organizations. The SOP recognizes all (approximately 99 per cent of registered voters). forms of gender-based violence as criminal and u Some progress has also been noted with regard obliges all stakeholders, including community to women’s rights and gender empowerment in leaders, to cooperate with justice sector South Sudan. Women have been elected to departments to bring alleged perpetrators to national and State assemblies, while women

254 OHCHR REPORT 2011 OHCHR IN THE FIELD: AFRICA © UN Photo/Paul Banks © OHCHR/Sudan

The Deputy High Commissioner visited Sudan in June 2011.

exerted their civil and political rights by voting in Challenges and lessons learned significant numbers in the referendum. The UNMISS Human Rights Division observed an increase in the In the Sudan, although much progress had been number of sexual and gender-based violence cases made in strengthening the relationship with the reported to the SSPS. Government Advisory Council on Human Rights, the Ministry of Justice and the Human Rights Committee State engagement with human rights of the National Assembly, the abrupt, mid-year mechanisms (EA 6) cessation of UNMIS activities in the Sudan eliminated u In 2011, the Government of Sudan submitted its the possibility of any further collaboration. In spite report to the Human Rights Council under the of a concerted engagement that included technical Universal Periodic Review (UPR). The support and advisory services, hopes of establishing an provided by the UNMIS Human Rights Division independent human rights commission were dashed during the preparatory process was publicly with the closure of UNMIS. acknowledged and commended by the Minister of Justice during his statement at the Human In South Sudan, the political climate was tense Rights Council in Geneva. More than between the ruling and dominant SPLM and 50 Government officials were trained by the opposition parties and during the politically Human Rights Component. motivated armed conflict between SPLA and breakaway fractions. Inter-ethnic conflicts Civil society engagement with human rights contributed to large-scale loss of life, massive mechanisms (EA 7) internal displacement and the proliferation of arms. u An exceptionally high number of civil society The country still lacks the institutional capacity to organizations from the Sudan submitted promote and protect human rights and impunity substantive reports to the UPR. The UNMIS remains rampant. One of the chief lessons of 2011 Human Rights Component contributed to this was recognition of the need for the Human Rights result by training 450 civil society actors from Division to continue to work assiduously with the over 200 organizations. Government, the national human rights institution, u The UNMISS Human Rights Division participates civil society and international partners to foster a in Rule of Law Forums which were established in culture of promotion and protection of human rights. all 10 states and two Civil Society Forums. These events bring civil society actors together on a In spite of numerous challenges and a year of monthly basis to discuss issues pertaining to the political transition in 2011, the Human Rights rule of law, accountability and administration of Components of UNMIS and UNMISS completed 87 justice. per cent of all projected activities.

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Human Rights Advisers to UN Country Teams © IRIN/Kate Holt

Chad

Year established 2011 Staff as of 31 December 2011 1

Background

Despite signs of improvement, the security, humanitarian and political situation in Chad requires sustained attention. Approximately 262,000 Sudanese and 68,000 Central African Republic (CAR) refugees as well as 170,000 internally displaced persons are in need of humanitarian assistance. Legislative elections took place in February 2011 and the President’s party wonbyalargemajority.Themainopposition parties criticized the process and decided not to participate in the presidential elections in April 2011. As a result, the incumbent was re-elected with 88 per cent of the votes. Results

State institutions have limited capacities to address National laws, policies and institutions (EA 1) the needs of the Chadian population. The u The HRA advocated with the Ministry of Human Government established a Ministry of Justice Rights for the establishment of a standing body which lacks sufficient resources to effectively carry on the implementation of human rights out its mandate. The National Human Rights instruments. On 12 December 2011, the Prime Commission (NHRC) of Chad is neither Minister published a decree establishing a operational nor compliant with the Paris Governmental Committee on the implementation Principles. In order to fight pervasive impunity for of international human rights instruments. Its past human rights violations, efforts to harmonize mandate is to follow up on the implementation of national legislation and policies with the human rights instruments and draft national international human rights conventions must be reports to comply with Chad’s reporting strengthened. obligations to the international human rights treaty bodies and the African Union. The Following the closure of MINURCAT in December Committee is also responsible for disseminating 2010, OHCHR appointed a Human Rights Adviser these reports and formulating recommendations (HRA) to Chad in 2011 to advise the United to harmonize national legislation with Nations Country Team (UNCT) on providing international human rights instruments. Even human rights support to the Government, national though the establishment of the Governmental institutions and civil society. The HRA focused on Committee was not a direct result of the HRA’s mainstreaming human rights into the United advocacy, his intervention was instrumental in its Nations Development Assistance Framework operationalization. (UNDAF) 2012-2015. The HRA also addressed protection gaps in the Protection Cluster; provided Civil society engagement with human rights technical advice to encourage compliance of the mechanisms (EA 7) NHRC with the Paris Principles; and helped review u The HRA worked intensely to ensure that civil the national human rights plan of action to include society was actively involved in the reporting recommendations issued by the Universal Periodic processes of the UN human rights mechanisms, Review (UPR), treaty bodies and special including the UPR and the human rights treaty procedures. bodies. In particular, civil society organizations participated during the presentation of the State

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Party report to the Committee on the Elimination institutional and human capacity in the of Discrimination against Women in October administration of justice and public service 2011 in Geneva. provision. These human rights challenges are addressed by the Security, Stability and Human rights mainstreaming within the United Development Pact of the International Conference Nations (EA 11) on the Great Lakes Region (ICGLR). u Human rights gaps in the UNDAF 2012–2015 were filled and the recommendations of UPR, The Regional Human Rights Adviser (HRA) works treaty bodies and special procedures, as well as with the ICGLR Secretariat, OHCHR field presences international human rights standards, were in the region and the United Nations Country Team reflected. The HRA was actively involved in the (UNCT) to strengthen the integration of human rights UNDAF process led by UNAIDS and developed a into UNCT programmes, especially the rights of IDPs checklist on the human rights-based approach to and returning populations, combat sexual violence, the UNDAF. prevent genocide, promote economic, social and u In addition, the HRA worked in coordination with cultural rights (ESCR), address the exploitation of UNDP to draft a joint project on justice, gender natural resources and fight against impunity. and human rights. As a result of inputs provided Furthermore, the HRA seeks to strengthen national by the HRA, human rights issues relating to the systems for the promotion and protection of human fight against impunity and gender-based violence rights, especially during the pre- and post-election were successfully integrated into the Chad process; and supports the implementation of the submission to the Peacebuilding Fund. human rights dimension of the Security, Stability and Development Pact of the Great Lakes Region and the Challenges and lessons learned programme of the ICGLR.

Although the human rights situation in Chad Results continues to require sustained attention, people in Ndjamena, as well as in other parts of Chad, have National laws, policies and institutions (EA 1) shown commitment to the promotion and protection u ICGLR observer teams participated in monitoring of human rights. This commitment to human rights human rights in the context of elections in the could be an opportunity for increased partnership. Central African Republic and the Democratic Republic of Congo. These missions benefited Great Lakes Region (Bujumbura, Burundi) from training by OHCHR prior to the elections and from information on the human rights Year established 2009 situation before, during and after the election as Staff as of 31 December 2011 1 provided by the OHCHR field offices and briefings of the HRA. u National committees on the prevention of Background genocide were established in Congo, Kenya and Tanzania and include key human rights actors The Great Lakes Region continues to suffer from a such as national human rights institutions complex and interconnected set of challenges. These (NHRIs), justice ministries, and national human include weak governance and democracy, rights non-governmental organizations (NGOs) monopolization of political power by individuals or and networks. OHCHR provided technical ethnic groups, widespread corruption and deepening assistance in setting up these committees. poverty. Many of these problems are regional in u The Burundi draft law on sexual and nature and have contributed to a spread of localized gender-based violence (SGBV) was presented to conflicts beyond national borders that negatively the Ministry of Gender by the ICGLR National impact on the realization of human rights. Coordinator. It is compliant with the ICGLR Regional Protocol and includes specific In addition, some of the main human rights provisions on harmful cultural practices. OHCHR challenges faced by the countries in the region provided funding and technical advice for the include sexual violence, the inadequate protection domestication of the Protocol on SGBV. As of the of internally displaced persons (IDPs) and returning end of 2011, the draft law was still pending populations, the illegal exploitation of natural before Parliament. resources, widespread poverty and social u In the Central African Republic (CAR), a draft law inequality, pervasive impunity, the absence of on IDPs and sexual violence will be presented to transitional justice mechanisms and weak an upcoming session of Parliament. OHCHR

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provided funding and technical advice in the International and regional laws and institutions drafting of this law. (EA 8) u In Congo, the first law on the rights of u The ICGLR’s Regional Committee on the indigenous peoples was adopted in January 2011, Prevention of Genocide, War Crimes, Crimes following a process initiated by the HRA in 2006, against Humanity and All Forms of in cooperation with the Ministry of Justice, the Discrimination adopted its workplan which ICGLR human rights network and indigenous includes policies and measures to guarantee the peoples’ organizations. rights of victims of genocide, war crimes and u Two workshops organized by OHCHR field crimes against humanity; and the rights to truth, presences, UNCTs and ICGLR staff on SGBV in justice and compensation, including Burundi and CAR and for the national consultations gender-sensitive measures. OHCHR assisted the in preparation for the ICGLR Summit in CAR and Committee by providing technical and financial Congo, respectively, helped Member States to support to its annual meetings; mobilized incorporate and use regional and international additional partners to attend and support the human rights instruments and concepts in the meetings, such as the Organisation elaboration of new policies and laws. Internationale de la Francophonie (OIF) and the Special Adviser on the Prevention of Genocide; Participation (EA 5) and provided information on the human rights u National consultations on SGBV in the Central situations in the countries of the region. This African Republic and Congo were organized by information enabled the Committee to discuss the national women fora and the Experts and situations which needed attention and provide Ministers meeting in preparation of the Special relevant recommendations to Member States. Session of the ICGLR Heads of States on SGBV. This enabled successful fundraising with donors Human rights mainstreaming within the United and the full participation of civil society in the Nations (EA 11) process. The Special Session focused on u OHCHR assisted the UNCTs in elaborating a prevention, the fight against impunity and subregional strategy on human rights. assistance to victims. OHCHR provided technical Participating UNCTs from Burundi, CAR, the support in the organization of these consultations. Democratic Republic of the Congo (DRC) and u In September 2011, ICGLR, the German Rwanda developed their capacities to integrate International Cooperation (GIZ) and OHCHR jointly human rights in their analyses, plans and organized a workshop on the exploitation of natural programmes, together with the National resources and human rights in Goma, which was Coordination Mechanisms of ICGLR in Burundi, attended by national and regional networks of civil DRC and Rwanda. society actors and journalists. The latter play an important role in denouncing illegal exploitation Challenges and lessons learned and trade of minerals and related human rights abuses, including child labour, forced labour and OHCHR provided technical and financial support to sexual violence. The training workshop constituted the ICGLR in setting up its Regional Committee on a first step towards the establishment of an early the Prevention of Genocide, War Crimes, Crimes warning system and the creation of a subregional against Humanity and All Forms of Discrimination. network on human rights and natural resources. The Committee is the world’s first subregional body created specifically to prevent and punish mass State engagement with human rights atrocity crimes, a significant step in fighting impunity mechanisms (EA 6) in this region. u A regional workshop on the Universal Periodic Review (UPR) was organized with the UNCT and OHCHR provided technical support for the the OHCHR Human Rights Adviser in Rwanda establishment of a regional early warning mechanism which helped Government officials and civil through the creation of national and regional society to share best practices on UPR follow-up. networks of civil society actors and journalists to The workshop facilitated the understanding of strengthen the human rights dimension of the ICGLR stakeholders on how the UPR can be used as a Regional Initiative. The mechanism will be used to practical and tangible tool by Governments and focus on the fight against the illegal exploitation of other actors in the subregion to assess and analyse natural resources in the Great Lakes Region and the human rights situation in their countries and related human rights abuses, including child labour, facilitate greater engagement of Governments with forced labour and sexual violence, especially in international human rights mechanisms. Burundi, DRC and Rwanda.

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Within the Resident Coordinator’s Office, the HRA continued to work with the Government, especially the Ministry of Justice, National Cohesion and Constitutional Affairs (MOJNCA) and the Office of The Prime Minister (OPM), to assist with the implementation of recommendations emanating from the Universal Periodic Review (UPR) mechanism and the international human rights treaty bodies. The HRA also worked with key stakeholders such as the Kenya National Human Rights Commission (KNHRC). © OHCHR/Kenya An OHCHR staff member together with Kenya's Minister for Justice at the UPR review meeting with Parliamentarians, December 2011. Results

National laws, policies and institutions (EA 1) Kenya u In June 2011, Parliament approved the nominees for Chief Justice, Deputy Chief Justice and Year established 2008 Director of Public Prosecution after a transparent Staff as of 31 December 2011 2 vetting process that involved civil society organizations. Other positive developments include the creation of the Witness Protection Background Agency and the inauguration of its Advisory Board. The agency has the potential of One of the priorities for the Human Rights Adviser contributing to ending impunity by aiding (HRA) in Kenya during 2011 was to support the investigations and prosecutions and protecting implementation of the new Constitution that was the witnesses and evidence of alleged crimes. enacted on 27 August 2010. The Constitution contains OHCHR advised on the legal and institutional an extensive Bill of Rights encompassing a wide range framework for these mechanisms. Specifically, the of civil and political rights, as well as enforceable HRA facilitated a retreat which brought together economic, social and cultural rights. With the adoption academia, the judiciary, representatives of the of the new Constitution, it was necessary to build the legislature, civil society, Government institutions capacity of civil society organizations (CSOs) to work and development partners to reflect on a strategy on economic, social and cultural rights as most have for bridging the impunity gap in Kenya. The traditionally focused on civil and political rights. creation of the Witness Protection Agency to ensure the protection of witnesses of the The new Constitution provides a solid framework for 2007-2008 post-election violence was a key the realization of the rule of law in the country and recommendation from the retreat. various reforms were undertaken in the justice u The National Council on the Administration of system, specifically in the judiciary. High-level Justice was established as a mechanism to ensure appointments were made following a transparent a coordinated approach to the administration of vetting process that involved civil society. Reforms justice and achieve the independence and also included the creation of a Witness Protection accountability of the judiciary. The HRA held a Agency. In 2011, electoral reforms were undertaken meeting with the Ministry of Justice, National in preparation for the general elections that are Cohesion and Constitutional Affairs and the scheduled for 2013. As a result, electoral districts in Commission overseeing the implementation of the country will increase from 210 to 290. the Constitution to discuss the human rights aspects of such a mechanism. OHCHR’s In spite of these positive developments, Kenya comments and suggestions were reflected in the continues to face significant human rights challenges, draft bill which was adopted by Parliament. particularly in relation to impunity. No domestic measures have been adopted to ensure accountability Justice and accountability mechanisms (EA 3) for human rights violations and Kenya has yet to u The HRA advised on international standards in establish a national tribunal to investigate allegations of the development of legal and institutional human rights violations committed during the standards for the Truth, Justice and Reconciliation post-election violence of 2007-2008. Meanwhile, the Commission (TJRC). In 2011, the TJRC held International Criminal Court held confirmation hearings thematic hearings on violations against women, against six suspects and ruled that four senior Kenyan children, disabled persons and marginalized officials will stand trial for the post-election violence. communities. The TJRC was established in 2008

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with a mandate to investigate and establish an Human rights mainstreaming within the United accurate record of gross human rights violations Nations (EA 11) that occurred in the country between 2 u Human rights standards and principles were December 1963 (when the country gained integrated in the work of the UNCT, as well as in independence) and 28 February 2008 (which policies and programmes of the respective UN marked the end of Kenya’s post-election agencies. The HRA achieved this by working violence). Through a system of human rights closely with the Resident Coordinator, focal points, the HRA supported and monitored participating in monthly UNCT meetings with a the work of the TJRC. The HRA offered both standing agenda item on human rights and by financial and substantive support to the TJRC, for keeping members of the UNCT abreast of human example, in the area of data collection. rights developments in the country. In addition, the HRA established human rights focal points Participation (EA 5) within the UNCT. The focal points were trained u As the lead UN agency on transitional justice, on the principles and techniques related to OHCHR continued to coordinate the UNCT’s international human rights standards and the support to the TJRC process. Increasingly, national actors are meaningfully engaged on John Ndiku, Humanitarian Affairs Officer, OCHA Kenya issues of transitional justice, partly as a result of the development and dissemination of human “The HRBA training has been quite useful in rights tools by the HRA in Kenya. equipping me with the human rights lenses for u Since the establishment of the TJRC, victims of analyses of humanitarian needs and issues, drafting the 2008 human rights violations have come advocacy messages, holistic humanitarian reporting and programming in Kenya. The training was timely in forward to accuse the police and/or judiciary of my new assignments (…) and has been useful in failing to prosecute their cases. In 2011, the HRA applying the approach to review funding proposals worked closely with the victims’ assistance from partners and provide technical support to network, in particular the Civil Society Network partners during project formulation and subsequent (CSO-Network), based in Kisumu, and the monitoring, evaluation and reporting. Follow-up Independent Medical Legal Unit (IMLU), based in evaluation for partners is required to see how they are Nairobi. In particular, the HRA contributed to applying the skills in their day-to-day work.” discussions on mechanisms of redress and Noela Barasa - Counter Trafficking, Awareness supported the participation of the CSO-Network Raising and Legal Assistant, IOM-MRF Nairobi in the victims’ forums. As a result, the “The human rights focal point system has assisted the CSO-Network was able to bring witnesses to International Organization for Migration to continually testify during the TJRC hearings in Kisumu. remain appraised of the human rights situation in the During the hearings, victims of the post-election country and facilitated cooperation and coordination in violence raised concerns over their exclusion by contributing to important national human rights the Government in resettlement plans. processes, specifically related to transitional justice u The HRA also collaborated with the Legal mechanisms pursuant to the 2007 post-election Resources Foundation Trust (LRF) to consider violence. Agencies and organizations must monitor the ways that the Community Justice System (CJS) progressive realization of human rights in their areas of could play a role in addressing the post-election focus and continue to educate citizenry on their rights as violence and historical injustices. a means of capacitating them to demand these rights.” Ekitela Lokaale, Programme Officer, Amkeni Wa State engagement with human rights Kenya, UNDP Kenya mechanisms (EA 6) “I have had the opportunity to be a co-trainer in one of u The initial State Party report to the Committee on the HRBA trainings organized by OHCHR for staff of the Rights of Persons with Disabilities was drafted UN agencies in Mombasa in October 2010. The under the leadership of the Ministry of Gender, sessions were interactive in nature. More importantly, Children and Social Development, with the the practical approach that the training took, with participation of key stakeholders from examples ranging from the national budget to Government and civil society, and was finalized healthcare in some villages, gave a new sense and in September 2011. OHCHR organized the meaning to the application of the human rights principles and standards that I had learned and taught training during which the different stakeholders to others for almost a decade. At the end of the were brought together for the drafting process. five-day training, I came back with the determination This collaboration increased the understanding by to let my colleagues back in the office get the Kenyan institutions of human rights obligations in experience of the HRBA training.” the area of disabilities.

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human rights-based approach (HRBA), which that characterized Madagascar for the past few years, enabled them to transfer their acquired the enjoyment by the population of their economic knowledge to their own organizations. The and social rights was greatly undermined. Human Rights Focal Points participated in the monthly meetings of the human rights network In June 2011, OHCHR deployed a Human Rights and United Nations Development Assistance Adviser (HRA) to work with the Resident Framework review processes, thereby enhancing Coordinator’s Office in Antananarivo. OHCHR’s role human rights mainstreaming. The focal points will be critical in the new era that is unfolding in the also ensured their own organization’s active country. The HRA has re-activated the Group on participation and support for the UN’s human Human Rights and Elections, which includes the rights activities and programmes. participation of members of the United Nations Country Team (UNCT) and representatives of the Challenges and lessons learned diplomatic community, as a forum for exchange and coordination to improve integration and monitoring Pulling together resources on the administrative front of human rights issues during the upcoming electoral and relying on partners have proved important in process. light of the limited funds available to the Human Rights Adviser. For example, the mission of the Results Special Rapporteur on the human rights of internally displaced persons was made possible in Nairobi and Transitional Justice Mechanisms (EA 3) the Rift Valley province as a result of effective u The road map provides for a transitional justice collaboration between OHCHR, UNHCR and OCHA. mechanism to help address past human rights violations. The Transitional Assembly will adopt a The establishment by the HRA of a human rights focal law related to its establishment and OHCHR will point network, composed of representatives from UN provide technical assistance to ensure its agencies, has proven instrumental in ensuring the compliance with international standards. engagement of UN agencies on human rights issues. State engagement with human rights Madagascar mechanisms (EA 6) u The HRA is working with the Government on Year established 2011 treaty body reporting and the implementation of Universal Periodic Review (UPR) Staff as of 31 December 2011 1 recommendations. Training was carried out in August 2011 (the first since 2003) on international Background and regional human rights instruments and protection systems as well as treaty reporting The political crisis brought on by a coup d’état in techniques. OHCHR also provided support to the 2009 came to an end with the adoption of a road interministerial treaty reporting workshop held to map (Feuille de route) by the main parties in finalize the periodic report on implementation of September 2011 and the appointment of a new the International Covenant on Civil and Political Government with broad political representation. The Rights. Government has been tasked with the creation of u In 2011, the HRA supported the development of State institutions to manage free and fair elections in a plan of action for the implementation of UPR 2012 in accordance with human rights standards. recommendations. Efforts to raise awareness The road map also provides for a transitional justice around the country and create a broad platform mechanism to address past human rights violations for the UPR human rights agenda are ongoing. and promote a national reconciliatory process. Civil society engagement with human rights In spite of this positive development, human rights mechanisms (EA 7) violations continue to be committed by the Malagasy u Given the limited human rights capacity in the security forces. Cases of arbitrary arrests and country, the HRA carried out capacity-building detention, prolonged detention without trial, as well programmes on human rights monitoring and as unlawful killings, excessive use of force, torture reporting for civil society in December 2011. The and other forms of ill-treatment have been reported. main objective of these programmes was to There have also been allegations of child increase their human rights awareness and exploitation and prostitution related to the tourism knowledge of the international human rights and mining industries. Throughout the political crisis instruments. Seventy-two civil society

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representatives from seven regions of the island Niger benefited from the training. According to the road map, the civil society network is expected to play Year established 2008 a key role during the elections and in the Staff as of 31 December 2011 2 post-conflict reconciliation period.

Human rights mainstreaming within the United Background Nations (EA 11) u As a result of the HRA’s advice and training on a Following the overthrow of the former President by human rights-based approach, members of the the army in February 2010, a new Constitution was UNCT have increasingly integrated human rights adopted in October 2010 and a new President was into their planning. The United Nations elected in April 2011. Since then, the human rights Development Assistance Framework (UNDAF) situation in Niger has significantly improved. The also includes key human rights principles. The democratic process, however, remains fragile and UPR recommendations proved instrumental as a reversible due to increasing insecurity in the north programme planning tool for UN agencies on the following the return of Nigerians from Libya. In ground. addition, Niger’s precarious economic situation, u The HRA was requested by the UNCT to assess compounded by the country’s vulnerability to natural the human rights compliance of the mining disasters, is becoming a major source of conflict and company Rio Tinto/QMM before the UN engaged violence among herders and farmers in certain in any cooperation with the company to improve regions. Poverty has worsened due to competition access by locals to basic social services, including for dwindling natural resources, the food crisis, water, housing, health and education. The report flooding and limited availability of basic services. of the HRA provided suggestions for the Despite efforts undertaken by the authorities in the company to improve its consultation procedures area of good governance, corruption remains a with the local communities and authorities. As a significant obstacle to the achievement of the result, the UNCT agreed on a number of projects Millennium Development Goals. The Government’s it would undertake with the mining company. It attempt to initiate judicial processes in relation to also emphasized that the engagement of the UN allegations of corruption was delayed by the fire set agencies and programmes will be continuously at the Ministry of Justice. Other human rights monitored through a human rights lens and that challenges include discrimination against women, the UN will not participate in any programmes or the violation of children’s rights and contemporary projects that violate the rights and environment of forms of slavery. the local communities. In 2011, the Human Rights Advisor (HRA), deployed Challenges and lessons learned by OHCHR to the United Nations Country Team (UNCT), continued to provide support to authorities The absence of dialogue on critical human rights and civil society in the field of human rights. issues during the peak of the crisis was seen by the Inspired by the good results of the first three years in UNCT and the donor community as a serious gap in office, the HRA focused on: the establishment of a addressing human rights violations. Upon the initial National Human Rights Commission; follow-up to deployment of the HRA, the Malagasy authorities Universal Periodic Review (UPR) recommendations; were reluctant to engage in dialogue. This situation reporting to the international human rights treaty eased, however, following the launch of technical bodies; mainstreaming human rights in the work of activities and the decision by the UN to commence the UNCT; and strengthening the capacity of Niger’s its engagement with the transitional authorities. authorities and civil society to protect human rights.

Six months after the establishment of its presence in Results Madagascar, OHCHR has been able to significantly raise the profile of human rights in the country. The National laws, policies and institutions (EA 1) strong support and backing provided by the u A plan for the creation of the independent Resident Coordinator, the UNCT and the National Human Rights Commission (NHRC) was Organisation Internationale de la Francophonie developed and implemented following a (OIF) have played a key role in reinforcing the participatory process involving the Government, impact of the work of the Human Rights Adviser and civil society organizations (CSOs), unions, the constitute a good practice in effective collaboration media, the National Observatory for Human and the mainstreaming of human rights. Rights and Fundamental Freedoms and the

262 OHCHR REPORT 2011 OHCHR IN THE FIELD: AFRICA © OHCHR/Niger

Participants at a workshop on the rights of prisoners organized by OHCHR in Niger.

UNCT. The process resulted in the drafting and stakeholders who were involved in the process. validation of a draft law on the creation of a A total of 116 recommendations were formulated national human rights institution (NHRI) in for Niger, of which 112 were accepted and conformity with the Paris Principles. The 6 were rejected. UN agencies have begun proposed law was validated at a workshop in discussing how they can support the October 2011 and is being transmitted by the implementation of these recommendations. Government to the National Assembly for adoption. The rights of women, children and Challenges and lessons learned vulnerable groups were taken into account in defining the mandate and composition of the In the framework of the inter-agency programme of future NHRC. The support provided by the HRA support for human rights in Niger, certain constraints proved to be of critical value in mobilizing have been identified, including the difficulties in resources, advising on the Paris Principles and covering the national territory, delays in the the sharing of good practices. execution of activities and insufficient personnel at u A total of 410 people, including 102 women, the Directorate for Human Rights. The timely review were trained in human rights and gender in and adoption by the Government and the National various seminars and workshops organized Assembly of legislation to establish the National throughout the year. Following these activities, Human Rights Commission is another challenge. civil society actors and the authorities were able to integrate human rights principles and a Collaboration between the different United Nations gender-based approach into their activities and agencies made it possible to mobilize additional policies. resources which strengthened OHCHR’s human rights programme in Niger. The effective State engagement with human rights collaboration between UN agencies also allowed for mechanisms (EA 6) the sharing of relevant experiences. As a result, the u The Government drafted and validated the core Group on Gender and Human Rights is now better common document and its periodic report to the prepared to support human rights programmes in Committee on the Elimination of Racial Niger and there is more collaboration between the Discrimination. The draft report to the Human Government, civil society and national institutions Rights Committee is in the process of being than in the past. finalized thanks to the technical assistance provided by the HRA to the Interdepartmental The systematic encouragement by the HRA of a Committee in charge of drafting reports to the participatory approach, notably in the UPR treaty bodies. preparatory process and the process of creating a u Niger successfully presented its UPR report to the National Human Rights Commission, made it Working Group and the Human Rights Council in possible to successfully achieve results and improve 2011. The HRA supported the preparation national ownership and responsibility for human process by organizing training for relevant rights.

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Rwanda legislative provisions, especially those regarding women, were abrogated. Out of the 73 UPR Year established 2007 recommendations, the Government of Rwanda Staff as of 31 December 2011 1 accepted 67 and elaborated a road map for their implementation, together with development partners and members of civil society. A number of Background recommendations from the road map are already being implemented, such as the media review of In 2011, the Government of Rwanda made the genocide ideology. The draft law on the significant progress in complying with its obligations registration of political parties is under review by to report on implementation of the international the Rwanda Governance Board (RGB). The Law human rights treaties it has ratified. It submitted governing international non-governmental periodic reports to the Committee on the Elimination organizations (NGOs) is under review by the Senate of Racial Discrimination, the Committee against and the Government has replaced the annual Torture and the Committee on the Rights of the registration with one that is valid for five renewable Child. It also commenced the drafting process for years. National NGOs that requested and obtained initial reports under the International Convention on permanent legal status would no longer need to the Protection of the Rights of All Migrant Workers renew their registration. and Members of Their Families (ICRMW) and the Convention on the Rights of Persons with Disabilities The Human Rights Adviser (HRA) in Rwanda (CRPD). The Government of Rwanda further initiated continued to provide advice to the UN Resident consultations with a view to ratifying the Coordinator and the United Nations Country Team International Convention for the Protection of All (UNCT) on strategies to strengthen and build Persons from Enforced Disappearance. national human rights capacities. In 2011, the HRA worked closely with the National Human Rights In January 2011, Rwanda was reviewed under the Commission on projects aimed at promoting and Universal Periodic Review (UPR). During the protecting human rights in the country. In addition, process, a number of human rights challenges the HRA consolidated his relationship with relevant were highlighted, including restrictions to Government agencies charged with the promotion freedoms of expression and association and and protection of human rights and reached out to impunity for the harassment of journalists. The civil society in an attempt to create a broad-based Government was urged to accelerate the process platform to address critical human rights challenges of legal reform and ensure that all discriminatory in the country. © OHCHR/Rwanda

Celebration of Human Rights Day in Rwanda.

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Results on implementing the recommendations. OHCHR, in collaboration with the National Human Rights National laws, policies and institutions (EA 1) Commission, conducted human rights awareness u The HRA provided advice to the authorities on campaigns with specific reference to the UPR several draft laws under review, including the recommendations on radio and TV. Cooperating genocide ideology law, the media law and the with an international NGO, a dialogue on the access to information bill, with a view to ensuring UPR was organized for Rwandan civil society and their compliance with international standards. development partners.

State engagement with human rights Human rights mainstreaming within the United mechanisms (EA 6) Nations (EA 11) u The Government submitted its combined 13th to u Human rights principles were mainstreamed in 17th periodic reports under the International the revision of the ONE UN work programmes. Convention on the Elimination of All Forms of OHCHR provided technical support to ensure the Racial Discrimination (ICERD), overdue since prioritization of human rights. The Office also 2002, the initial State Party report under the coordinated and expanded the joint Human Convention Against Torture and Other Cruel, Rights Task Force of the UNCT, in collaboration Inhuman or Degrading Treatment or Punishment with the Gender Task Force. (CAT), and the combined third and fourth State Party reports under the Convention on the Rights Challenges and lessons learned of the Child (CRC), overdue since 2009. The HRA provided technical assistance, including good The most critical factors which affected the practices from other countries, to the programme in 2011 resulted from the departure of Interministerial Task Force charged with the President, which impacted on collaboration with following up on Rwanda’s treaty body obligations the institution and the institutional weaknesses of and eliminating the backlog of reports. national stakeholders working on human rights Preparation for the initial report under the issues in Rwanda. ICRMW has also begun, as has the preparation of Rwanda’s initial report under the CRPD, overdue The HRA will now focus on how to best assist since January 2011. Rwanda in implementing the recommendations of u Following Rwanda’s review under the UPR in the UPR. Adequate backing and support from the January 2011, the Treaty Body Reporting Resident Coordinator and the UNCT is key to the Interministerial Taskforce elaborated a road map implementation of the HRA’s mandate and workplan.

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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

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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).

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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

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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.

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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

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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

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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

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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 Colombian State. u Result achieved for which no target was set: 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.

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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

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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

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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.

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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

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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

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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.

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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

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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

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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,

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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

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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

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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 Regular budget Extrabudgetary inputs in relation to indigenous peoples and 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 GRAND TOTAL 694,672 115,795 the UPR and treaty bodies.

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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

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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

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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

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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.”

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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

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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

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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.

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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.

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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.

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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.

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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

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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

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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

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OHCHR in the field: Asia and the Pacific

Type of presence Location In 2011, OHCHR maintained eight field presences

Country offices l Cambodia in Asia and the Pacific, including: two regional l Nepal offices (Bangkok, Suva), two components in peace missions (Afghanistan, Timor-Leste), two country l Regional offices South-East Asia (Bangkok, Thailand) offices (Nepal, Cambodia) and two human rights l Pacific (Suva, Fiji) advisers (Papua New Guinea and Sri Lanka). The Human rights l Afghanistan mandate in Nepal was ended by the Government in components of l Timor-Leste United Nations December 2011. peace missions Apart from some ongoing long-standing conflicts, Human rights l Papua New Guinea advisers to United most parts of the region witnessed a trend towards l Sri Lanka Nations Country democratization and consolidation of post-conflict Teams transitions, although impunity continued to be

300 OHCHR REPORT 2011 OHCHR IN THE FIELD: ASIA AND THE PACIFIC problematic in several countries. In other parts of Country Offices the region, enjoyment of freedoms of expression, assembly and association and land rights-related issues remained challenging. Cambodia

Throughout 2011, much attention was paid to Year established 1993 accountability issues in several countries, in Staff as of 31 December 2011 29 particular Afghanistan, Cambodia, Nepal, Sri Lanka Expenditure in 2011 US$2,246,971 and Timor-Leste. Discrimination was another thematic focus with important work undertaken by several OHCHR field presences on women and Background caste as well as persons with disabilities. The Human Rights Office of the United Nations The Kingdom of Cambodia remains one of the Assistance Mission in Afghanistan (UNAMA) poorest countries in Asia, despite impressive maintained its focus on the protection of civilians, economic growth and the significant international while the Human Rights Component of the UN support it has received over the past decade. In 2011, peace mission in Timor-Leste assisted in the country suffered devastating flooding which capacity-building for security forces with a view to resulted in hundreds of deaths, damage to strengthening accountability. Several field infrastructure and a reduced harvest of cash crops. presences, including both regional offices, worked Domestically, rapid economic development continued on combating torture and ill-treatment while to be accompanied by widespread disputes relating to initiatives in Afghanistan, Nepal, the Pacific, Papua land in urban and rural Cambodia. Forced evictions New Guinea and Timor-Leste aimed at reducing have at times resulted in violence and the use of violence against women. In terms of economic, criminal law against those protesting the loss of their social and cultural rights, OHCHR sought to address houses and land. Criminal sanctions relating to land-related issues in Cambodia, Nepal, the Pacific, freedom of expression continued during 2011 and a Papua New Guinea and Timor-Leste. number of human rights defenders were jailed on charges of incitement to social disorder. Adoption of a At the regional level, the first regional human rights controversial law on non-governmental organizations mechanisms have emerged in the context of the (NGOs) was postponed by the Government following Association of Southeast Asian Nations (ASEAN). In the expression of widespread concerns. The country’s parallel, discussions about developing a human impressive human rights treaty ratification record also rights agenda have begun in the South Asian continued with the coming into force of the Optional Association for Regional Cooperation (SAARC) and Protocol to the Convention on the Elimination of All the Pacific Islands Forum Secretariat (PIFS). Forms of Discrimination against Women (OP-CEDAW) in January 2011 and the Government’s successful The rate of ratifications of international treaties in engagement in dialogue with the human rights treaty theregionisslowlyimproving,thankspartlytothe bodies on a number of periodic reports. Despite a impetus created by the UPR. Overall, the UPR has number of challenges, the Extraordinary Chambers in proven to be a useful tool, especially for the two the Courts of Cambodia (ECCC) was able to regional offices in South-East Asia and the Pacific. commence its second and largest trial late in 2011. In Engagement with special procedures was January 2012, the Government and OHCHR agreed to inconsistent but increasing, with some countries extend the mandate of OHCHR’s Country Office for receiving their first or multiple visits and several an additional two-year period. issuing new standing invitations. The year 2011 saw the creation by the Human Rights Council of a new In responding to the contemporary human rights special procedures mandate on Iran. challenges in Cambodia, OHCHR continued to focus on prisons, the judiciary and police, land disputes and housing rights, freedoms of association, assembly and expression and supporting and protecting human rights defenders. It promoted the legacy of the ECCC, supported the Government in drafting legislation, treaty body reporting and follow-up to recommendations issued by the UN human rights mechanisms, while advocating and disseminating human rights information. In doing so, the Office has been able to work closely with line

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Human Rights Day in Cambodia.

Ministries, the (governmental) Cambodian Human Court of Appeal was positive with the latter Rights Committee, the United Nations Country Team showing strong support for human rights (UNCT), civil society and donors. principles in his meetings with police and prosecutors in provincial courts, including by Results publicly asserting the need to comply with human rights principles in the administration of National laws, policies and institutions (EA 1) justice. Although the independence and u The Law on Prisons was adopted in December impartiality of the courts is guaranteed under the 2011. While it did not include all comments made Cambodian Constitution, there is still no proper by OHCHR to make it compliant with procedure to safeguard this right or formal international human rights law, it is nevertheless process through which judges who are an improvement on the previous legal reprimanded by Government authorities can framework. Many provisions in the Law are now appeal such determinations. clearer and more progressive. In particular, it u In 2011, the Cambodian Government issued its includes: a strong emphasis on rehabilitation; the third and fourth iterations of the draft law on requirement for separation of the different associations and non-governmental categories of prisoners; greater attention paid to organizations. Despite maintaining the position the needs of women and children; the inclusion that an NGO law was unnecessary, of minimum design standards for prison OHCHR-Cambodia provided its comments on construction to ensure basic conditions; an successive drafts to the Ministries of Interior and absolute prohibition against torture and other of Foreign Affairs to ensure that human rights cruel, inhuman and degrading treatment and were respected. These comments focused on punishment; additional safeguards against strengthening the human rights protections arbitrary detention; and clear reference to the contained in the drafts and limiting the negative broader Cambodian legal framework. impact of the law on freedoms of expression, Nevertheless, the Law could have gone further to association and assembly. In addition to guarantee the rights of persons in detention and assisting the Government, the Office stressed the OHCHR will continue to raise these concerns as importance of ensuring a wide and meaningful the secondary legislation and administrative consultation with civil society actors prior to the procedures are developed to implement the Law. law’s enactment. The Government convened u Efforts undertaken by the Office to enhance the various consultations on the successive drafts to effectiveness of Cambodian courts has largely supplement meetings organized by civil society remained at the level of awareness-raising and actors. Further consultations with civil society resulted in limited changes to the process of the are planned for 2012; a welcome sign of the administration of justice over a 12-month period. Government’s willingness to take into account Engagement with the Prosecutor General of the civil society’s concerns.

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Ratification (EA 2) the accused had access to a lawyer; public notice u According to the Government, ratification of the of trials improved vastly; and there were very few Convention on the Rights of Persons with instances in which judges showed a lack of Disabilities is imminent and should take place in understanding of the presumption of innocence. early 2012. OHCHR has consistently advocated Nonetheless, a majority of charged persons are for this ratification. still being placed in pre-trial detention (80 per cent); legal representation was greatly lacking in Justice and accountability mechanisms (EA 3) misdemeanour cases (62 per cent of cases u The ECCC continued to provide an important without legal representation) and judges example of fair trial rights in action during 2011 continued to use their mobile phones in the by opening proceedings on 17 July of the case of courtroom in a significant number of cases (22 the Prosecutor v Nuon Chea, Khieu Samphan, per cent). In all three types of cases, however, Ieng Sary and Ieng Thirith. (The accused Ieng there has been a decrease in the number of cases Thirith was subsequently declared unfit to stand in which these violations have occurred since trial in November). The high profile of the CCHR began producing monitoring reports in ECCC’s proceedings provides an important 2010. avenue for public discussion about the proper u In 2011, in addition to financially supporting the administration of justice in Cambodia. OHCHR delivery of legal aid services in prison, the Office engaged in a number of activities aimed at continued to promote and facilitate further maximizing the opportunity created by the Court involvement of civil society organizations in to promote human rights, including through: a prison reform work. This included work in areas variety of trainings, public lectures and the as varied as sustainable farming in prison (NGO facilitation of efforts by civil society to ensure the CEDAC), prisoner literacy (NGO SIPAR) and lessons learned from the ECCC inform domestic training of prison officials (NGO VBNK). Support practice; and, together with the East-West to prison farming by CEDAC yielded positive Management Institute and the United Kingdom results in the concerned prisons, including Embassy, the creation of an Annotated Code of enhanced capacities of staff and prisoners, Criminal Procedure based on the jurisprudence of improved production techniques (in particular the ECCC. integrated farming) and increased yields which led to higher income-generation by prisons and Access to justice and basic services (EA 4) benefited the rations of prisoners. The Office u OHCHR financially and technically supported the supported SIPAR in its partnership with the process to allow registration of communal title by General Department of Prisons to improve seven villages of Phnong indigenous peoples in literacy, education and rehabilitation the Mondulkiri Province. Working closely with opportunities through the establishment of NGO partners, the Office assisted them in libraries in four prisons and sponsored their processing their claims with the Ministries of application to roll out this work across the Interior and Rural Development. The Bousra country in the coming years. The Office has been Mondulkiri project on indigenous peoples working closely with VBNK as part of OHCHR’s involves 3,741 people. support to the development of professional training for prison staff and to build the capacity Participation (EA 5) of the Core Team of prison trainers from the u With publicly available information about the General Department of Prisons and the Royal work of the Cambodian lower courts located Police Academy of Cambodia. In 2011, two outside the capital and its surrounds, the trainings-of-trainers of one week each were held. Cambodian Centre for Human Rights (CCHR), the A final training will be held in 2012 following primary NGO monitoring the extent to which coaching sessions with each trainee. Cambodian courts comply with fair trial standards, monitored the provincial courts in State engagement with human rights Rattanakiri and Banteay Meanchey (in addition to mechanisms (EA 6) Phnom Penh and Kandal), with financial support u The Royal Government submitted its combined from OHCHR. A large number of cases related to initial and second reports under the Optional land and indigenous rights (Rattanakiri) as well as Protocols to the Convention on the Rights of human trafficking (Banteay Meanchey) were the Child (CRC) on the involvement of children monitored along with 585 criminal trials involving in armed conflict (OP-CRC-AC) and on the sale 1,029 accused persons in Phnom Penh and of children, child prostitution and child Kandal provinces. The results were mixed: all of pornography (OP-CRC-SC) on 25 October 2011.

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from the key legal and judicial reform donors in Cambodia. This was particularly so in relation to European donors who have established an informal human rights working group that meets to discuss key issues of concern and often consults with OHCHR prior to reporting to their head offices. Similarly, coordination remained strong between the Office, USAID and AusAID.

Human rights mainstreaming within the United Nations (EA 11) u More cooperation between UN agencies in Cambodia took place in 2011 through jointly organized trainings, events and consultation

© OHCHR/Cambodia processes. OHCHR actively coordinated with UN OHCHR staff member monitoring the human rights situation in a Women to publicize the Government’s ratification detention centre in Cambodia. of the OP-CEDAW by jointly conducting training sessions and developing a leaflet on procedures Following an eight-month training course in communicating complaints to the Committee. provided by OHCHR for Government officials In May 2011, UNESCO and OHCHR, along with on the obligations under the International local media groups, organized the World Press Covenant on Civil and Political Rights (ICCPR), Freedom Day which was attended by media the Government’s overdue second periodic practitioners and communications students. report has been finalized and will be submitted OHCHR also worked with the UNCT to integrate to the Human Rights Committee in early 2012. human rights into the monitoring of the United OHCHR has encouraged the Government to Nations Development Assistance Framework submit all overdue reports. Meanwhile, the (UNDAF), in particular in relation to preparations Office provided briefings and trainings for for the annual Government-UN review of members of delegations travelling to Geneva progress under the governance pillar of the for dialogues with the treaty bodies in relation UNDAF. to the CRC (in collaboration with UNICEF) and the Convention against Torture and Other Challenges and lessons learned Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and to participate in Although the Royal Government of Cambodia pays post-dialogue de-briefing sessions for key significant attention to its obligations emanating from ministries. OHCHR also worked with the the UN human rights mechanisms, the large number Government to organize civil society of recommendations presents a daunting task in consultations on UPR follow-up and facilitated terms of implementation and national follow-up. a division of responsibility for various To simplify the task, and with a view to ensuring recommendations across Government. equal attention to all rights, OHCHR encouraged the Government to adopt a comprehensive follow-up Civil society engagement with human rights strategy that groups recommendations from all mechanisms (EA 7) mechanisms by theme. u With the entry into force of the OP-CEDAW in January 2011, OHCHR and UN Women While Cambodia benefits from an extensive and immediately conducted trainings for communities, vibrant civil society sector, dialogue between the the Government and UN actors regarding the Government and civil society (particularly on human Protocol and how to submit individual rights-related issues) has diminished in recent years, communications and requests for inquiries. To resulting in few efforts to find common solutions to date, no cases have been submitted. problems. This situation has created a challenge for all actors working on human rights issues in the Responsiveness of the international community country. OHCHR has attempted to foster dialogue (EA 10) between Government officials and members of civil u Coordination with development partners on society. In collaboration with the Cambodian Human human rights issues continued to be strengthened Rights Committee, the Office brought together a in 2011. OHCHR primarily obtained support for broad section of civil society and representatives of adopting a rights-based approach to assistance 13 ministries to discuss the implementation of

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Cambodia’s UPR recommendations – the first time a in relation to both conflict-related and post-conflict meeting of this type has been held in a number of human rights violations, undermining the rule of law years. Similar efforts are planned for the provincial and public trust in governance. The Government took level in 2012. several regressive steps in this regard, including by seeking pardons for persons convicted of serious As reported in 2010, the increasing limitations on crimes and appointing such individuals to ministerial freedom of expression in the country have created a positions. Of particular concern were proposals in late significant challenge for civil society, human rights 2011 that the bills to establish two transitional justice defenders, the United Nations and ordinary mechanisms could provide for broad amnesties in Cambodians engaged in advocacy on human rights. relation to serious violations of international human As part of its response, OHCHR provided the rights law. Against this backdrop, the role of the Government and National Assembly with expert Supreme Court was noteworthy as it delivered some advice on pieces of draft legislation that potentially commendable decisions upholding the rule of law and undermine individual freedoms of expression, reinforcing accountability. assembly and association. Following the closure of its field offices in 2010, Cambodia: Expenditure in 2011 OHCHR-Nepal consolidated its presence in Kathmandu during 2011. Through frequent field missions, Regular budget Extrabudgetary expenditure expenditure numbering over 150 during the year, the Office in US$ in US$ maintained its links with partners and continued Personnel and 1,081,826 290,697 monitoring the general human rights situation at the related costs district level. At the same time, the Office placed Consultants - 5,441 special emphasis on strengthening the national human Official travel 64,815 47,158 rights protection system, engaging in capacity-building Contractual services 2,961 179,286 for, and joint activities with, Government partners, General operating 75,855 (14,511) national human rights institutions (NHRIs) and civil expenses society organizations (CSOs). Supplies & materials 120,161 86,671 Seminars, grants & 12,439 191,908 In June, the mandate of OHCHR-Nepal was renewed contributions for six months until 8 December, despite the High Subtotal 1,358,057 786,650 Commissioner’s request for an extension of two years. Programme support - 102,264 At the request of the Government, OHCHR-Nepal costs submitted an exit strategy, developed in close GRAND TOTAL 1,358,057 888,914 consultation with key stakeholders, proposing its engagement in Nepal until the end of 2012 when the promulgation of the new Constitution and the successful holding of parliamentary elections are Nepal expected to be completed. Despite strong support for the Office’s continuing presence in the country from Year established 2005 NHRIs, civil society, major political parties and the Staff as of 31 December 2011 103 international community, the Government of Nepal decided on 7 December not to renew the Expenditure in 2011 US$4,989,748 OHCHR-Nepal’s Country Office mandate to continue operations in the country. As a result, OHCHR-Nepal Background proceeded to finalize its activities and close its operations by the end of March 2012. OHCHR is in Progress was made in the promotion and protection of dialogue with the Government on alternative human rights during 2011 in Nepal, including through modalities for future engagement and support. the passage of the new Untouchability Law and the Government’s active participation in the Universal Results Periodic Review (UPR). Elements of the peace process were also advanced, including in relation to the National laws, policies and institutions (EA 1) categorization of former Maoist combatants for u The Constituent Assembly has yet to produce the reintegration into the Nepal army or rehabilitation. The first consolidated draft of the new Constitution. tenure of the Constituent Assembly was, however, The draft texts currently under consideration extended three times during the year following its contain a number of important provisions, failure to finalize a new constitution. Impunity persisted including comprehensive non-discrimination

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An OHCHR team discussing caste-based discrimination with a Dalit community in Nepal. © OHCHR/Nepal

clauses and guarantees of economic, social and u The continued engagement of OHCHR on the cultural rights and rights of minorities and ground with different stakeholders, including law marginalized groups. The proposed provisions, enforcement authorities, political parties and their however, fail to protect some basic rights, such as youth wings, on issues related to the rights and the right to equality - especially in the context of responsibilities of both rights-holders and citizenship - and the rights of non-citizens. In duty-bearers, has led to improvement in the addition, there is a proposal to provide for the conduct of police in their responses to political granting of pardons, thus creating space for protests and other mass activities and in relation impunity for serious crimes and human rights to protest organizers. In addition, during its field violations. OHCHR-Nepal contributed significantly missions across the country to monitor the to the human rights discourse within and outside general human rights situation, OHCHR was able the Constituent Assembly and generated growing to preventatively engage with State authorities consensus among Assembly members concerning and organizers of demonstrations, including at the independence of the judiciary and justiciability times of heightened tension. Actors from both the of economic, social and cultural rights. The Office State and civil society acknowledged that the undertook a review of constitutional proposals presence of the Office in these circumstances had pertaining to human rights, drawing upon a positive impact. Nevertheless, in a few comparative constitutional experiences and instances, security forces were found to have engaged with Assembly members at different used excessive force in responding to levels, including through national partners. demonstrations and arrested members of groups OHCHR also strengthened its collaboration with a prior to protests without legitimate cause. number of professional and human rights u The identification and publication of indicators to organizations, such as the Nepal Bar Association, monitor economic, social and cultural rights, including by jointly hosting a number of facilitated by OHCHR-Nepal, greatly enhanced interactive programmes on contentious issues. the Government’s human rights-based approach u In their advocacy to ensure that the Constitution in national planning and programming on of Nepal reflects equal rights for women, the poverty reduction. Launched in September 2011, National Women Commission (NWC) and these indicators are the first to replicate OHCHR’s OHCHR published a joint paper on equal global initiatives to promote the use of human citizenship rights for women which analysed rights indicators to monitor the implementation of proposed citizenship provisions in light of international human rights commitments at the Nepal’s obligations under national and national level. The published indicators are international law. By sharing international best tailored to the Nepali context and are intended to practices, the paper proposed amendments to assist national stakeholders in monitoring the bring the provisions in line with international status of the rights to adequate food, housing, human rights standards and best practices and health, education and work in Nepal. To ensure has been the basis for further advocacy in the thattheindicatorsareeffectivelyusedbyNHRIs constitution-drafting process. and civil society in engaging with the Government

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for the promotion and protection of economic, and consultations with stakeholders on thematic social and cultural rights, the Office has conducted human rights issues. The project also supported a several training sessions on the use of these high-level panel discussion on case withdrawals indicators in different regions of Nepal. for serious crimes as well as activities to mark u The Ministry of Land Reform and Management important days such as the International Day in finalized the draft bill for the protection and Support of Victims of Torture on 26 June 2011. rehabilitation of freed Haliyas (persons engaged Through the same project, the NHRC successfully in a form of ancestral agriculture debt-bonded coordinated the exhumation, by relevant State labour practiced in the hill districts of Nepal’s actors, of the remains of five people who were Mid- and Far-Western regions). OHCHR-Nepal allegedly victims of disappearances during the provided technical assistance on compliance with conflict. The first four victims were exhumed in international human rights standards. September 2010 and the remaining victim was u The Government initiated the drafting of a bill on exhumed in February 2011. witness and victim protection. OHCHR-Nepal u Parliament passed the long-awaited Caste-based contributed to increasing awareness of this need Discrimination and Untouchability Act in May through continuous advocacy and 2011, following sustained advocacy by a variety capacity-building activities that were based on the of partners, including OHCHR, in collaboration outcome of a 2010 regional event which with the National Dalit Commission and civil recommended the enactment of comprehensive society. The Act prohibits caste-based legislation. The Office organized a series of discrimination and practices of untouchability and consultations on witness protection and helped criminalizes the commission and incitement to coordinate inputs to the draft law with civil commit such acts, in both the public and private society organizations and other stakeholders. spheres. Furthermore, the Law provides harsher OHCHR-Nepal also made a substantive penalties for public officials found guilty of such contribution to this process by preparing discrimination and requires perpetrators to guidelines for witness management, which were provide compensation to victims. In September submitted to relevant Government agencies, and 2011, a 100-day campaign entitled “I commit to by-laws on victim and witness protection in end caste discrimination and untouchability” was relation to the transitional justice bills. launched by the Office in cooperation with the u In June 2011, the International Coordination National Dalit Commission to increase public Committee of National Human Rights Institutions awareness of the new Law. OHCHR-Nepal also reviewed the National Human Rights Commission supported the establishment and strengthening of (NHRC) and confirmed its “A” status accreditation local networks working to address caste-based on the condition of a further review after the discrimination in six districts across three regions adoption of the National Human Rights Commission of Nepal. These local networks have been Bill. The joint advocacy of OHCHR-Nepal and the instrumental in helping reduce the number of NHRC facilitated public debate around the need to incidents of caste-based discrimination at the revise the NHRC Bill in conformity with the Paris grassroots level and in supporting victims, Principles. This advocacy included the joint including by facilitating their access to the publication of an analysis of the Bill’s compliance criminal justice system. In December 2011, with the Paris Principles and proposed amendments OHCHR-Nepal launched the public report to ensure compliance. The analysis was widely entitled “Opening the Door to Equality: Access to circulated among key stakeholders, including Justice for Dalits in Nepal” providing a systematic parliamentarians. Significantly, during the UPR, the analysis of the challenges faced by Dalits seeking Government undertook commitments to pass the justice. The report was based on information NHRC Bill. The Bill was passed in January 2012 and collected through OHCHR-Nepal’s monitoring incorporated some of the issues raised in the and investigation of emblematic cases. The report advocacy campaign, however a number of areas of serves as an important tool to promote reforms concern remain. and change needed to ensure equal access to u OHCHR-Nepal also contributed to the justice for all.3 capacity-building of the NHRC through a joint u The draft Criminal Code was introduced into project with UNDP. In 2011, the project enabled Parliament in June 2011 and included a provision the: training of NHRC staff; production of to criminalize enforced disappearances. publications for human rights defenders, security Unfortunately, both the draft Penal Code and the forces and Government officials; and advocacy draft bill for the Commission of Inquiries of

3 (http://nepal.ohchr.org/en/resources/Documents/English/reports/HCR/2011_12_07_Opening_the_Door_to_Equality_E.pdf)

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Disappearances (which also criminalizes enforced organizing several consultations both at regional disappearances) remain inconsistent with and national levels to facilitate discussion international standards, including in relation to between victims and Parliamentarians. the statute of limitations period for such offences. u Accountability for human rights violations OHCHR-Nepal has been contributing to the undermined during 2011 with a series of attempts improved compliance of these bills with by the Government to withdraw a large number international standards by providing analysis and of criminal cases and recommend pardons for, assisting advocacy by legal professional groups, and the promotion of, several persons convicted civil society organizations and victims’ groups. of, or facing credible allegations of, serious crimes. In light of this trend, the Supreme Court Ratification (EA 2) played an increasingly important role in u Despite the 2006 parliamentary resolution subjecting Government decisions to judicial directing the Government to accede to the Rome review. OHCHR-Nepal contributed to this Statute of the International Criminal Court, the process, including by publishing a legal opinion proposal for accession has yet to be presented stressing that regular criminal proceedings cannot before the Parliament. During its UPR in January be deferred because a transitional justice 2011, the Government indicated it would mechanism is envisaged. The content of this consider ratifying the Rome Statute once legal opinion was reflected in a Supreme Court order and institutional infrastructures, including the requiring the continued investigation and draft Penal Code and sentencing bill, are in prosecution of such cases under the regular place. criminal procedure, irrespective of the u Despite advocacy by OHCHR, the Government establishment of the transitional justice has not yet ratified the International Convention mechanisms. for the Protection of All Persons from Enforced Disappearance. Access to justice and basic services (EA 4) u During the Universal Periodic Review, the Justice and accountability mechanisms (EA 3) Government accepted most of the u During 2011, some progress was achieved with recommendations concerning the promotion and regard to the legislation to establish two protection of women’s rights, many of which are transitional justice mechanisms in Nepal, albeit related to commitments included in the National more than six years after originally proposed. A Action Plan on Gender-Based Violence that was legislative subcommittee was appointed to adopted by the Prime Minister’s Office in finalize the bills in May 2011 and OHCHR worked November 2009. OHCHR-Nepal contributed to with committee members on substantive issues the implementation of the Action Plan and related to international law, standards and best committed to improving access to justice for practices. Progress was achieved in reaching victims of sexual and gender-based violence in consensus on some of the contentious issues. In close cooperation with the National Women’s November, following the seven-point agreement Commission. The Office supported a between parties where a commitment was made capacity-building programme for staff of the safe to pass transitional justice bills, an informal task houses established by the Government in force was appointed to finalize the bills at the 15 districts and law enforcement officials. political level. Subsequently, it has become apparent that provisions to allow for a broad Participation (EA 5) amnesty, including for serious violations of u There was a general decrease in the use of international human rights law, could be included violence during demonstrations by, and clashes and that important provisions allowing the between, members of different parties and commissions to recommend prosecutions could interference in each other’s political activities. be removed. The Office continues to advocate OHCHR-Nepal contributed to this reduction against a broad amnesty, calling for the respect of through continuous advocacy and engagement the right of victims to an effective remedy. with the political parties at the local level. At the u Concerns exist relating to other elements of the same time, the Office facilitated the formation proposed laws, including a clause to allow the and strengthening of networks of human rights Government to directly appoint the Secretary and defenders – Demonstration Monitoring Networks other personnel, possibly undermining the – in four regions of Nepal as part of its efforts to Commissions’ independence and impartiality. The strengthen the skills of national human rights Office ensured the adoption of a victim-centred organizations. This effort resulted in the increased approach in the transitional justice process by presence of national human rights monitors

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during political protests and demonstrations in different parts of the country which, on the basis of OHCHR’s observations, helped reduce the

level of violence used by protesters, the Nepal © OHCHR/Nepal police and the Armed Police Force.

Civil society engagement with human rights mechanisms (EA 7) u Civil society organizations (CSOs) are increasingly able to use the human rights framework and collaborate with each other. OHCHR-Nepal contributed to this result by conducting more than 60 trainings and programmes, including on the use of public interest litigation, the justiciability of economic, social and cultural rights, investigations on extrajudicial killings and Posters prepared by the National Dalit Commission and OHCHR for sexual and gender-based violence and the roles a campaign to end discrimination. and responsibilities of human rights defenders. One result was the active participation of civil approach in other Clusters of the United Nations society organizations in the first review of Nepal Humanitarian Country Team Mechanism, under the UPR mechanism. Having submitted including Food, Education, Shelter, Camp several joint reports in 2010, Nepal CSOs, along Coordination and Camp Management Clusters, by with national human rights organizations, providing substantive briefings on mainstreaming undertook proactive advocacy during the January human rights protection into their respective 2011 review, including by organizing a side event Cluster planning and response strategies. The and a series of informal meetings with Office played a key role in integrating human representatives of various States, international rights into the draft United Nations Development NGOs and other UN agencies. These activities Assistance Framework (UNDAF) for 2013-2017. were also viewed as effective in establishing a The new UNDAF focuses on 20 disadvantaged, collective voice on human rights issues among marginalized or vulnerable groups and outlines Nepal’s CSOs. its outcomes, activities and programming in relation to ensuring a positive impact on the lives Human rights mainstreaming within the United of these communities. The UNDAF has an Nations (EA 11) innovative approach which incorporates the u As the lead organization of the Protection Cluster, possibility of measuring impact from the OHCHR-Nepal contributed to strengthening the perspective of the enjoyment of the full range of human rights-based approach of the United human rights by the most disadvantaged Nations Humanitarian Country Team Mechanism population. in 2011. This included the development of a contingency plan for the Cluster focusing on the Challenges and lessons learned possibility of a major earthquake centred in the Kathmandu Valley. After a major earthquake hit During 2011, OHCHR-Nepal noted an increasing the eastern part of Nepal in September 2011, trend in Government efforts to withdraw serious human rights concerns of the affected population criminal cases, provide pardons for persons were assessed by the members of the Protection convicted of serious crimes and appoint to Cluster, including UNICEF and other human ministerial positions certain individuals convicted of rights defenders at the district level, utilizing the crimes or facing allegations of serious human rights protection assessment checklist which the violations. In response, the Office, in cooperation Protection Cluster had developed and with NHRIs, issued a number of public statements disseminated to humanitarian actors and NGOs. urging the Government to uphold the rule of law The use of the checklist contributed to a better and ensure accountability. In the later part of 2011, understanding of the affected population’s the Office stepped up its advocacy efforts to prevent protection needs and the development of the possible inclusion of provisions that would allow strategies for a timely response, such as for broad amnesty under the pending bills psychosocial support training for the developed to establish transitional justice worst-affected communities. Similarly, the Office mechanisms, contrary to international human rights promoted the use of the human rights-based law and standards.

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OHCHR’s advocacy was critical to supporting efforts Nepal: Expenditure in 2011 to combat pervasive impunity in the country and Regular budget Extrabudgetary was widely appreciated by Nepal’s human rights expenditure expenditure community. These efforts also placed the Office in in US$ in US$ an adversarial position with the Government and Personnel and - 3,234,921 may have negatively impacted on the Government’s related costs decision not to renew OHCHR’s mandate in Nepal. Consultants - 24,958 In 2011, OHCHR-Nepal further consolidated its work Official travel - 313,753 on Caste-Based Discrimination, continuing to Contractual services - 140,723 support the full participation of affected communities General operating - 312,398 and facilitating synergies between civil society at expenses central and grassroots levels and the National Dalit Commission. Blending public reporting Supplies & materials - 201,066 capacity-development and broad-based awareness Seminars, grants & - 187,887 campaigns at all levels of society, OHCHR-Nepal contributions amplified the advocacy efforts of Dalit groups Subtotal - 4,415,706 located in remote areas of Nepal where caste-based Programme support - 574,042 discrimination and untouchability remain rampant. costs GRAND TOTAL - 4,989,748

A village in the eastern region of Nepal declares itself free of witchcraft allegations and practices after a one-year campaign

November 25th is the international local area free from allegations of advocating against violence against day to combat violence against witchcraft was launched on 25 women and making commitments to women and signals the start of the November 2010. Since then, refer serious medical cases to the annual 16-day international OHCHR has supported the district hospital. This was a major campaign against gender-based implementation of the campaign achievement as in previous years violence. OHCHR-Nepal marked the through a village-based network of the Dhamis themselves were day by celebrating the completion of women human rights defenders, involved in accusing women of a one-year campaign to eradicate teachers, political party members, practicing witchcraft and engaging violence against women accused of students, health workers, police in violent assaults to “treat” them. practicing witchcraft in the officers and, most importantly, Amgacchi Village Development Dhamis (traditional healers). The On 25 November 2011, on the Community of Morang district in the Office has provided training and completion of the one-year eastern region of Nepal. technical support, including in the campaign, local residents declared development of campaign strategies. the village free from violence against Amgacchi had been marked in Local residents established working women accused of practicing recent years by a series of incidents groups at various levels, including in witchcraft. During the one-year of severe beatings and abuse of schools. These groups campaigned period of the campaign, no cases of local women accused of practicing door-to-door, thus taking the issue such violence were reported. The witchcraft. Following research to every home in the local celebration to mark the success of conducted by the Women’s community and organized the campaign was attended by the Rehabilitation Centre (WOREC), a orientation trainings on various deputy Speaker of the Parliament, Nepal-based human rights related issues, including sexual and representatives of the local organization and a local network of gender-based violence. The Dhamis Government, police, NHRIs, as well women human rights defenders, a Committee played an active role as local residents. year-long campaign to declare the throughout the campaign by strongly

310 OHCHR REPORT 2011 OHCHR IN THE FIELD: ASIA AND THE PACIFIC

Regional Offices

Regional Office for South-East Asia (Bangkok, Thailand)

Year established 2002 Staff as of 31 December 2011 7 Expenditure in 2011 US$1,131,094

Background

The South-East Asia region is diverse in terms of political systems and economic development. Despite ongoing economic growth in the region, © IRIN/Shermaine Ho Floods in Thailand. Cambodia, Lao PDR and Myanmar remain three of the least developed countries in the world. Within improved implementation of their recommendations; countries, there is also a vast difference in the share an increased number of national human rights of national income going to the richest and poorest. institutions and civil society actors making use of Inadequate social security nets leave the poor international human rights mechanisms; the increased particularly vulnerable to economic downturns and integration of human rights standards into UN high food commodity prices. Common concerns programmes in the region; and providing support to include: unnecessary and disproportionate the emerging Association of Southeast Asian Nations restrictions on freedom of expression; impunity for human rights system. serious human rights violations, including torture; the treatment and poor legal protection of undocumented migrants, asylum-seekers and Results refugees; human trafficking; and discrimination against women, persons with disabilities and persons National laws, policies and institutions (EA 1) living with HIV/AIDS. Positive developments include u In Lao PDR, the Regional Office provided support increased engagement by States with international to the International Law Project of the UNDP human rights mechanisms, including through the country office, which in 2011 included training Universal Periodic Review (UPR) process; ongoing programmes for judges on the application of efforts by States to advance the nascent regional international human rights law in national courts. human rights system; as well as promising reforms at u The Regional Office conducted a training the domestic level in countries such as Myanmar. workshop on UPR follow-up for the national human rights commission of Malaysia OHCHR’s Regional Office for South-East Asia covers (SUHAKAM), Government officials and Brunei Darussalam, Cambodia, Indonesia, Lao PDR, representatives of civil society organizations Malaysia, Myanmar, Philippines, Singapore, Thailand (CSOs) which laid the groundwork for and Viet Nam. The Regional Office acts as an expert SUHAKAM’s increased engagement in relation to resource and plays a catalytic and convening role, the protection of the rights of indigenous helping to bring human rights standards and peoples, particularly their right to land. mechanisms into discussions on political, social, u The Regional Office helped to engage the economic and development issues among international human rights mechanisms to governmental and non-governmental actors. A highlight the relevant standards and obligations in combination of advocacy on human rights issues of relation to freedom of expression in the region. concern and technical support and capacity-building In Thailand, the Regional Office helped to inform with key partners has formed the basis of the discussions on the reform of national legislation RegionalOffice’swork,including with national by translating into Thai the Human Rights authorities, the Association of Southeast Asian Nations Committee’s General Comment No. 34 on article (ASEAN), national human rights institutions (NHRIs), 19 of the International Covenant on Civil and civil society and UN agencies and programmes. Political Rights (ICCPR) and facilitating exchanges Priorities in 2011 included: increased engagement by of Thailand’s constitutionally mandated Law all States with UN human rights mechanisms and Reform Commission (LRC) with the Special

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Rapporteur on freedom of opinion and to the Convention on the Rights of the Child on expression. The LRC is mandated to submit the involvement of children in armed conflict, recommendations to the Cabinet for reform of and Viet Nam submitted its reports under the Thailand’s national laws. International Covenant on Economic, Social and u In Myanmar, the Regional Office engaged with Cultural Rights (ICESCR) and ICERD. Thailand the newly established Human Rights Commission also prepared its periodic report to the (September) through a workshop which provided Committee against Torture, which is being a forum for commissioners and mid-level finalized. The Regional Office continues to Government officials to familiarize themselves advocate and provide technical assistance for with international human rights law. The Governments in relation to the submission of workshop also facilitated discussions on State reports to international human rights follow-up to the 2011 UPR and the mechanisms. recommendations issued by other mechanisms. u The Malaysian Government drafted a monitoring action plan on the implementation of UPR Ratification (EA 2) recommendations. This came about following a u The Regional Office integrated its advocacy work training workshop conducted by the Regional on the ratification of international instruments Office for SUHAKAM, which then reported on the into missions across the region in 2011. The monitoring action plan to the Human Rights Office also supported specific events to push for Council in Geneva; the first of its kind by a NHRI ratification, such as the Indonesian Institute for from the region. Policy Research and Advocacy’s (ELSAM) high-level meeting in June on Indonesia’s Civil society engagement with human rights ratification of the Optional Protocol to the mechanisms (EA 7) Convention against Torture and Other Cruel, u Civil society groups in the region submitted Inhuman or Degrading Treatment or Punishment information on human rights violations to the (OP-CAT). In 2011, Indonesia and Myanmar relevant special procedures mandate-holders. became State Parties to the Convention on the This was facilitated by the development of a Rights of Persons with Disabilities (CRPD). database in the Regional Office to monitor follow-up action on special procedures State engagement with human rights communications. A total of 39 communications mechanisms (EA 6) were issued by special procedures u Thailand pledged to issue a standing invitation to mandate-holders to countries in the region, some special procedures; the first country in South-East of which were a result of assistance provided by Asia to do so. The Regional Office, in the Regional Office to civil society actors. cooperation with United Nations Country Teams (UNCTs), played a catalytic and convening role in International and regional laws and institutions promoting improved engagement by States with (EA 8) international human rights mechanisms. This was u The Regional Office has established itself as a done through support for seminars, conferences trusted partner of the ASEAN Secretariat, the and symposiums organized by partners of the ASEAN Intergovernmental Commission on Human Regional Office and OHCHR colleagues from Rights (AICHR) and the ASEAN Commission for Geneva. For example, an OHCHR regional the Promotion and Protection of the Rights of training workshop was organized on the Women and Children (ACWC) as a result of protection of the rights of minorities aimed at efforts undertaken since 2006 to support the integrating protection of the rights of minorities establishment and subsequent strengthening of into country and regional strategies and an ASEAN Human Rights System. This has placed development programmes. In addition, the the Regional Office in a position where it can Regional Office worked in collaboration with the positively influence the early evolution of UNCT to hold a mock UPR session for the Thai ASEAN’s human rights mechanisms. For instance, delegation at the Ministry of Foreign Affairs prior the Regional Office was among the first UN to its actual review. agencies to be invited to hold an interface u In 2011, Singapore and Thailand submitted their meeting in July with AICHR to agree on areas of respective reports to the UPR. Lao PDR submitted support and collaboration in the context of its periodic report under the International AICHR’s five-year workplan. This was followed Convention on the Elimination of All Forms of by an interface with the High Commissioner in Racial Discrimination (ICERD); Singapore November. The Regional Office has subsequently submitted its report under the Optional Protocol engaged directly with AICHR on important

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activities such as the drafting of an ASEAN mechanisms in order to holistically follow-up on Human Rights Declaration which is due to be recommendations from international human adopted in 2012. For example, the Regional Office rights mechanisms, including treaty bodies, the was invited to offer advice and technical assistance special procedures and the UPR. For instance, in on the inclusion of international human rights Thailand, the Office was able to play a standards in the regional instrument during substantive role in the development and AICHR’s first consultation on the Declaration. implementation of the UN Development u The Regional Office has played a key role in Partnership Framework. This included strengthening the capacity of other important co-chairing, with the Ministry of Justice, a Joint actors relevant to the development of an effective Team on Human Rights and Access to Justice ASEAN human rights system. For instance, the whose primary purpose is to support Thailand in Regional Office continued its collaboration with implementing the recommendations of UNDP in strengthening secretariat support to international human rights mechanisms. Also in ASEAN’s human rights mechanisms. In 2011, this Lao PDR, the Office has been actively involved in included a first human rights training for staff forging a cooperation partnership modality in the across all sectors of the ASEAN Secretariat which context of the Development Assistance helped lay the foundations for the mainstreaming Framework (UNDAF) which will specifically of human rights throughout the work of the address the need for follow-up to the UPR organization. In these activities, the Regional recommendations. Office was also able to integrate other key local u At the regional level, the Office has been part of actors, including non-governmental organizations the United Nations Development Group (NGOs), academia and NHRIs. Asia-Pacific (UNDG A-P), particularly through its Peer Support Group (PSG). The Office participated Human rights mainstreaming within the United in quality support work undertaken by the PSG Nations (EA 11) regarding the UNDAFs of India, Iran, Lao PDR and u Through application of the human rights-based Philippines. The Office helped to ensure that the approach, the Regional Office continued to principles of the human rights-based approach to mainstream human rights into UN programming at programming were firmly reflected and anchored the country and regional levels. For instance, with in the development processes in these UNDAFs. regard to the Royal Thai Government’s policy Within the context of its engagement in both the response to the severe flooding in Thailand, the UNDG A-P and the Regional Inter-agency Team Regional Office advised the UNCT on advocacy on AIDS, and with the involvement of the OHCHR with the Thai Ministry of Foreign Affairs and other Adviser on HIV/AIDS, the Office contributed to a authorities, particularly in relation to the protection draft joint statement by UN agencies on of migrants. This included highlighting relevant compulsory detention and the treatment of drug recommendations of special procedures and users. The statement will serve as a useful providing other guidance and methodological advocacy support tool in the future. tools to the UNCT. The joint advocacy of UNCTs u In Thailand, media coverage of the Regional andNGOscoupledwithmediacoverageof Office’s position on the criminalization of drug concerns relating to migrants helped facilitate the abuse (including compulsory detention and establishment of an additional shelter for migrants treatment), and its implications for HIV/AIDS, led and improved legal protection. to renewed partnership with UNODC and u UNCTs in the region played an active role in the UNAIDS with a view to undertaking a joint UPR process. The Regional Office helped to project in 2012 in cooperation with national and improve awareness of the potential of the new regional Government agencies working on health mechanism and ensured that the substantive and drug issues. An informal visit of the Special inputs of UNCTs into the UN Compilation Report Rapporteur on health, who discussed relevant included reference to pertinent human rights standards with UN agencies, provided added concerns within the respective country. For value to the process. instance, in Thailand, the Office was involved u Through participation in the UN Regional throughout the UNCT’s drafting of inputs, and in Thematic Working Group on International the Philippines, the Office provided technical Migration, including human trafficking, and with advice to UNCT members at key points to the active engagement of the OHCHR Adviser on facilitate their inputs. Migration, the Regional Office contributed a u The Regional Office galvanized civil society chapter on migration and human rights for actors, Governments, UNCTs, NHRIs and national inclusion in the 2011 UN Situation Report on representatives from the ASEAN human rights Migration in south and south-west Asia.

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Challenges and lessons learned Regional Office for the Pacific (Suva, Fiji)

The Regional Office has a convening power, Year established 2005 bringing together a wide range of actors who might Staff as of 31 December 2011 7 otherwise not be in contact, to discuss human rights Expenditure in 2011 US$913,919 issues. The Office has learned how to target capacity-building and technical assistance for national partners at key points in the international Background human rights cycle. For instance, this may involve visiting a UNCT to provide training on human The Pacific region is made up of a large number rights-based approaches at an opportune moment in of geographically isolated small islands as well as the UNDAF cycle or providing training to NGOs and the larger countries of Australia, New Zealand and NHRIs preparing submissions to the UPR or human Papua New Guinea (PNG). Civil and political rights treaty bodies. It is therefore essential for the rights are enshrined in most national constitutions, regional offices to maintain contact with local while economic, social and cultural rights are not. networks to make these timely interventions during In many Pacific Island countries, a number of the course of a year. human development indicators are of concern, particularly in relation to poverty, education, The Office has benefited from utilizing local health and gender equality. Similarly, expertise for human rights workshops and seminars, accountability mechanisms can be weak, creating for instance with Myanmar, and at the regional level a situation of impunity for perpetrators of human with the ASEAN Secretariat, which can help to situate rights violations. Frequent natural disasters affect international standards within a localized context. long-term development outcomes and generate displaced populations who face discrimination The Regional Office increasingly plays a role in when seeking durable solutions, including in publicly raising human rights issues of concern with relation to the right to adequate housing. reference to international human rights standards Low-lying atoll countries are particularly which subsequently opens up space for local actors concerned about the future impact of climate in their advocacy efforts. By virtue of its proximity, change on the enjoyment of rights of their the Regional Office is in a good position to judge the citizens. Discrimination against minority appropriateness and timing of such public indigenous populations in some countries are of interventions. Other UN agencies are often reluctant concern, as is the treatment of asylum-seekers. to advocate publicly on certain human rights issues Other human rights concerns in the region include due to their differing mandates which increases the high rates of sexual and gender-based violence, importance of the Regional Office’s interventions. discrimination against women, poor conditions of detention, police violence and torture, the right to Regional Office for South-East Asia adequate housing, including forced evictions, (Bangkok, Thailand): Expenditure in 2011 access to basic services, including health and education and protection in situations of natural Regular budget Extrabudgetary expenditure expenditure disaster and armed conflict. The treaty ratification in US$ in US$ and reporting rates are low, although increasing. Personnel and 660,056 202,269 All UN Member States in the Pacific completed the related costs Universal Periodic Review (UPR) process in 2011 Consultants - 15,173 and made significant human rights commitments. There has also been a growing interest in visits to Official travel 9,900 42,288 the region by special procedures mandate-holders. Contractual services - 26,980 General operating 58,527 15,694 The Regional Office for the Pacific was established expenses in 2005 and is located in Suva, Fiji. It covers the Supplies & materials 10,572 21,242 16 Pacific Island Forum countries, including Seminars, grants & 19,800 5,769 Australia, the Cook Islands, Fiji, Kiribati, Marshall contributions Islands, the Federated States of Micronesia, Nauru, Subtotal 758,855 329,415 New Zealand, Niue, Palau, PNG, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. Its work Programme support - 42,824 costs engages countries of the region on issues of discrimination, torture, protection in natural GRAND TOTAL 758,855 372,239 disasters and economic, social and cultural rights.

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It promotes treaty ratification, UPR reporting and Ratification (EA 2) implementation of recommendations from UN u Vanuatu acceded to the Convention against human rights mechanisms. It is an active member Torture and Other Cruel, Inhuman or Degrading of the Fiji- and Samoa-based United Nations Treatment or Punishment (CAT) in August 2011, Country Teams (UNCTs) and aligns its work with following advocacy and technical assistance by the United Nations Development Assistance the Regional Office. Framework (UNDAF). The Regional Office also provides substantive support to the Human Rights Participation (EA 5) Adviser (HRA) in Papua New Guinea. u Church leaders in Vanuatu have increasingly engaged in addressing human rights issues, Results particularly torture and violence against women, and have called for accountability for human National laws, policies and institutions (EA 1) rights violations through consultations and u Although no national human rights institutions various trainings by the Regional Office. In (NHRIs) were established in the region in 2011, particular, representatives of faith-based groups the Government of Palau is taking steps towards attended workshops on torture prevention and the establishment of such an institution as a result violence against women and participated in of an assessment mission and ongoing technical follow-up work with the Regional Office to assistance undertaken by OHCHR. It is also one monitor places of detention. The representatives of the Government’s commitments under the also joined the Vanuatu Human Rights Defenders UPR. The Regional Office participated in a joint Network which was established after a Regional assessment mission with the Asia Pacific Forum Office-led workshop. (APF) on National Human Rights Institutions and u Furthermore, through continuous advocacy of the the Pacific Island Forum Secretariat (PIFS). The Regional Office, representatives of churches have mission resulted in increased awareness and started to consider the compatibility of human interest among different national stakeholders rights with Christianity. In particular, the Regional and the report contained possible options. The Office has developed a cooperative relationship Government also committed to draft a workplan with the Pacific Conference of Churches and for the establishment of an institution. This work provided substantive advice in relation to their will continue in 2012 as the Government position paper on Christianity and human rights. implements its UPR commitments. It has invited u In the highlands of PNG and in Bougainville, another technical assistance mission for follow-up Kiribati, Solomon Islands and Vanuatu, human on implementation of its UPR recommendations, rights defender networks were established with particularly in relation to the establishment of a the help of the Regional Office which, inter alia, national institution. provided them with mentoring support that u Vanuatu is taking steps towards the establishment emphasized the monitoring and documenting of of a NHRI in compliance with its commitment human rights violations. The Regional Office also under the UPR. In September 2011, the Regional assisted the networks in the highlands of PNG to Office, together with PIFS and APF, organized receive funding from UNDP for projects, as well and carried out an assessment mission on the as emergency protection funding from OXFAM establishment of a NHRI in Vanuatu and has been and AI Australia. In two cases, this emergency actively following up on the resulting funding was used to protect victims and human recommendations with the Government. A rights defenders from further attacks. consultation on the establishment of a NHRI is due to be held in Vanuatu in early 2012. State engagement with human rights u In Kiribati, PNG and Solomon Islands, the police mechanisms (EA 6) and representatives of a number of ministries u The Regional Office helped to implement the attended workshops on monitoring and human rights strategy adopted by the UNCT in documenting human rights violations and became 2010. As a result, Kiribati issued a visit invitation increasingly aware of their duties to ensure that to the Independent Expert on water and violators are prosecuted. In PNG, for instance, sanitation and Solomon Islands invited the this resulted in police working with human rights Special Rapporteur on violence against women to defenders to pursue accountability through the carry out country visit. formal justice system in cases of sexual and u In Vanuatu, the Regional Office’s advocacy efforts gender-based violence (SGBV), including gang increased the Government’s awareness of UPR rape. recommendations and their obligations related to implementation. A technical cooperation project

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Participants of a media regional roundtable carried out by OHCHR in Solomon Islands, October 2011.

on UPR follow-up has been agreed upon u In Fiji, the Regional Office extensively consulted between the Government (Ministry of Justice) with civil society, other UN agencies and regional and the Regional Office, with a particular focus organizations, as well as the Government, on on torture prevention, the establishment of a plans for UPR follow-up. One-on-one discussions NHRI and a national human rights coordination with civil society resulted in consensus around body for the implementation of recommendations the need for national-level consultations on UPR issued by UN human rights mechanisms. The recommendations and engagement between civil Regional Office also carried out trainings for society and the Government, facilitated by UN police and correctional services, thereby agencies, on implementation of the supporting implementation of relevant UPR recommendations. These preliminary recommendations. The training of correctional consultations resulted in increased awareness of services officers has begun to have an impact on the content of UPR recommendations among civil conditions in the Santo Detention Centre. society and other partners. Following a Regional Office-led training in May, participants committed to and implemented: a Responsiveness of the international community training on first aid and basic medical treatment (EA 10) for officers and detainees; the construction of a u For the first time, the outcome statement of the facility for female detainees; the installation of Pacific Islands Forum Leaders’ meeting held in water tanks for detainees; and a regime of Auckland in September 2011 included a internal inspections (daily, weekly and monthly). paragraph on human rights. In this paragraph, stakeholders “welcomed the successful Civil society engagement with human rights participation of all Forum members in the first mechanisms (EA 7) round of the Universal Periodic Review to the UN u An increased number of special procedures Human Rights Council as a major regional allegation letters were sent to countries of the achievement. They acknowledged the support region (from 11 in 2010 to 15 in 2011). The and assistance to Members in their reporting Regional Office trained and mentored civil society efforts from the Forum Secretariat, the Regional actors in Fiji, Kiribati, PNG, Solomon Islands, Rights Resource Team of the Secretariat of the Tonga and Vanuatu on monitoring and Pacific Community and the Office of the High documenting human rights violations. Commissioner for Human Rights. Leaders noted u In PNG, the focus was on specific forms of that the development of this cooperation, and the violence against women, particularly networks created by this activity, represent an sorcery-related killings and attacks. The Regional important source of human rights expertise for Office and the HRA in PNG assisted in ensuring the entire region.” that information on at least four cases of u In 2011, media coverage of substantive human sorcery-related attacks were sent to special rights issues and the activities of the Regional procedures. Office increased when compared to previous

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years. This was a result of the Regional Office’s economics and intellectual property rights. It was media and communications strategy which initiated in August 2011 and will be finalized in included the publication of media releases and 2012. The findings will be published and shared op-eds. Regional Representative media interviews with the Government and developed into a tool were given on topics relating to human rights for advocacy and shared experiences across the issues and the Regional Office’s mandate. Pacific region. u A Regional Office op-ed on the decriminalization of homosexuality published in October 2011 was Human rights mainstreaming in the United widely reproduced by a range of gay media and Nations system (EA 11) social networks across the region. The Office u The joint Common Country Assessment received numerous messages of positive (CCA)/UNDAF 2013-2017 for the 14 Pacific Island feedback from civil society and other countries covered by the Fiji- and Samoa-based organizations. UNCTs incorporates a human rights-based u The High Commissioner for Human Rights visited approach and includes a focus on vulnerable Australia in May 2011 and raised human rights groups and possible marginalization. As part of issues with the Government and civil society, the Steering Committee, the Regional Office including in relation to discrimination against provided inputs for terms of reference, guidance indigenous communities and the treatment of materials, country desk-reviews, CCA and UNDAF asylum-seekers. The visit attracted high levels of documents, and acted as a reviewer in an national and international media attention with editorial task force. In addition, the Regional more than 500 articles mentioning the visit within Office provided a training session to UN staff a month of the visit. involved in the CCA review process, as well as a u National governmental and non-governmental human rights-based approach training session for stakeholders in Australia working on UNDP programming staff. development projects or humanitarian assistance u The Protection Cluster’s operations and capacities in the Pacific region have increasingly used a to respond in emergencies were strengthened human rights-based approach in their work. This through a number of coordination efforts and has been gradually achieved through ongoing tools. Two studies undertaken on situations of working partnerships. The Regional Office is internal displacement in the Pacific (one by the working with the Australian Council for Regional Office and one by the Protection International Development to develop a tool kit Cluster), created more awareness and interest in and training course on a human rights-based considering displacement from a human rights approach. Both the toolkit and the training point of view. The Regional Office co-leads the programme emphasize human rights standards Cluster work with UNHCR and organizes and principles. The toolkit is being finalized and quarterly Protection Cluster meetings and other the training course will be launched in early meetings as needed. It also actively participates in 2012. the OCHA-led bi-weekly Cluster coordination u Relevant stakeholders at the national and meetings and those of other partners. international levels have a better understanding and more information on the human rights Challenges and lessons learned implications of free trade policies and agreements. This is a result of two initiatives A lesson learned in 2011 is that using the media to undertaken by the Regional Office in cooperation increase the level of awareness of human rights in with the UNDP Pacific Centre: (1) a publication the Pacific region is an effective way to overcome on “Pacific trade and the right to health” that was, the difficulties of limited in-country contact due to for example, widely circulated and used in a distance and the high number of countries covered trade- and health-related regional ministerial by the Office. The Regional Office found that meeting in Tonga in July 2011; and (2) A human well-timed and reactive media engagement is an rights impact assessment of the World Trade effective tool for achieving its communications goals Organization accession negotiations related to of increasing awareness and understanding of Vanuatu. This project elicited global attention as human rights and OHCHR’s work in the Pacific. international development and financial organizations are interested in learning from it for In its work on trade and human rights, the Regional use in other regions. The project is comprised of Office found that the promotion of human rights a comprehensive analysis of implications and impact assessments provided a concrete means of issues carried out by a team of four consultants encouraging the inclusion of human rights principles with backgrounds in human rights, trade, into debates around trade and development issues.

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Human rights impact assessments provided an Human Rights Components in UN evidence base for assessing agreements and Peace Missions contributed to making the process more transparent and accessible for those who are often left out of trade negotiations. United Nations Assistance Mission in Regional Office for the Pacific Afghanistan (Suva, Fiji): Expenditure in 2011 Year established 2002 Regular budget Extrabudgetary expenditure expenditure Staff as of 31 December 2011 92 in US$ in US$ Personnel and - 635,293 related costs Background Consultants - 9,574 Official travel - 52,889 In 2011, protection of civilians remained a major Contractual services - 16,600 human rights concern in Afghanistan. The reduction General operating - 38,969 of international forces and transition of security expenses responsibilities to the Afghan National Security Supplies & materials - 5,517 forces, coupled with increased military activities by Seminars, grants & - 49,936 Government forces and anti-Government elements contributions (AGEs), caused an increase in civilian casualties. Subtotal - 808,778 Although the number of civilian casualties attributed Programme support 105,141 to pro-Government forces (PGFs) decreased, the costs continuous use of indiscriminate and illegal tactics GRAND TOTAL - 913,919 by AGEs, such as suicide bombings, improvised explosive devices and targeted assassinations, resulted in the killings of many more civilians than in Regional Office for the Pacific: facts and figures past years. With the intensification of the conflict, the number of detainees in Afghan detention facilities 27 grew rapidly. Arbitrary detention and the use of missions carried out torture and ill-treatment as interrogation techniques 18 are widespread. While there were increasing moves training workshops held in six countries, with to begin peace negotiations with the Taliban, there participants from nine countries of the region was limited commitment to ensuring accountability for past crimes and the inclusion of civil society, 22 awareness-raising activities carried out (including a high-level conference, preparation of victims’ groups and women in the peace and briefing papers and delivery of lectures and reconciliation process. presentations) OHCHR and the United Nations Assistance Mission 25 press releases and op-eds issued (distributed to in Afghanistan (UNAMA) continued to monitor, 325 newsrooms and journalists throughout the Pacific investigate and report on conflict-related incidents region) which produced civilian casualties. The Human Twitter account established for the Regional Office in Rights Unit of UNAMA (OHCHR/UNAMA) maintained a database to track the number and 2011. By the end of year there were 468 nature of incidents related to civilian casualties. It followers. The Office broadcasted 500 tweets in also continued to monitor, investigate and report on 2011 due process guarantees and treatment of detainees Facebook page established for the Regional Office in in Government detention facilities. The Office October 2011. By the end of the year, the site had engaged extensively in advocacy campaigns with relevant actors on thematic issues of concern, such 70 fans as the protection of civilians, accountability and treatment of detainees in order to build awareness Supported 2 visits of special procedures mandate-holders to the region (Independent Expert on and promote systematic and regular follow-up to the foreign debt to Australia and Solomon Islands and recommendations made by the Office. The Office Special Rapporteur on trafficking to Australia) also engaged with civil society organizations (CSOs) to facilitate broad-based consultation with local communities to ensure their voices were heard in

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relation to peace, reconciliation and accountability casualties by pro-Government Forces over the issues. The Office supported the work of the year. Afghanistan Independent Human Rights u Bi-annually, OHCHR/UNAMA produced reports Commission, Human Rights Support Unit within the on the protection of civilians with Government and of CSOs on priority areas. recommendations for measures to reduce the OHCHR/UNAMA remembers the loss of one of its impact of conflict on civilians. These reports human rights officers, Joakim Dungel, who was often received worldwide media attention and killed with several colleagues in an attack on the raised the profile of the impact of the conflict on UNAMA Office in Mazar-i-Sharif in April 2011. civilians in Afghanistan. The report has also been a strong advocacy tool for UN organizations as well as other international and national Results non-governmental organizations (NGOs). u OHCHR/UNAMA’s continuous engagement National laws, policies and institutions (EA 1) through meetings and workshops with tribal u The protection of civilians and the reduction of elders and religious leaders who have some casualties remain priority areas of work for access to anti-Government elements has OHCHR/UNAMA. With the intensification of the encouraged the Taliban to be more proactive in conflict and its spread to more areas of the their public statements and communicate in a country, civilian casualties increased, albeit at a way that shows greater consideration for the slower rate in late 2011 than earlier in the year. protection of civilian issues during their military Despite these trends, the Office was able to operations. The Taliban have increasingly exercise positive influence on policy, responded to OHCHR/UNAMA statements and awareness and responsiveness among the proposed to form an investigating committee parties to the conflict. The International comprised of international military, UN and Security Assistance Force (ISAF) put in place Taliban representatives to investigate protection standard operating procedures and tactical of civilian incidents. Despite these public directives to restrict the use of force and commitments, anti-Government elements have increase civilian protection. To mitigate future not adhered to the provisions of international incidents, special teams were formed to track humanitarian law and continue to carry our civilian casualty incidents. OHCHR/UNAMA indiscriminate attacks against civilian targets, contributed through regular meetings and including hospitals and religious sites. technical advice. These tactical directives, u OHCHR/UNAMA’s systematic monitoring of together with standard operating procedures to detention facilities and the subsequent release of regulate night searches, the rules of a public report on issues of ill-treatment and engagement and rules of escalation of forces torture in Afghan-run detention facilities made a positively contributed to a reduction in civilian major impact on the operations of both national

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and international security agencies and was girls, including harmful traditional practices in welcomed by civil society actors. Government Afghanistan. The results of OHCHR/UNAMA’s and international security forces made immediate systematic monitoring and documentation of changes to their public policies on detainee harmful traditional practices and the treatment and prevention of torture. In addition, a implementation of the EVAW Law were system for tracking detainees and their treatment presented in a public report which provided a was introduced by ISAF to ensure that detainees clear picture of the positive progress achieved are treated appropriately when they are handed and remaining gaps in implementing the Law. over to national authorities. Although overall rule The Government and civil society took of law reform has progressed slowly in preliminary steps to implement some of the key Afghanistan, the Government implemented some recommendations. OHCHR/UNAMA supported of the recommendations regarding detention and provincial governors and provincial departments fair trial guarantees during the year. In December of women’s affairs to establish and strengthen 2010, the National Directorate of Security (NDS) provincial commissions for the prevention of established an Internal Oversight Commission. In violence against women. OHCHR/UNAMA’s addition, an external oversight of the Afghan support helped the commissions to carry out their National Police (ANP) is currently being mandates of coordination with governmental and developed by the Afghanistan Independent non-governmental institutions on cases of Human Rights Commission. Finally, the Ministry violence against women. OHCHR/UNAMA of Justice has initiated the revision of both the conducted awareness-raising activities and Criminal Procedure and Penal Codes. trainings for women’s groups, students, religious OHCHR/UNAMA advocated with the Government leaders, judges, prosecutors, police and in relation to the recommendations made in the journalists on the EVAW Law. Increased Arbitrary Detention Verification Campaign awareness encouraged ordinary women to come (ADVC) report which it reinforced with a forward to seek assistance and make use of the follow-up report on treatment of conflict-related criminal justice system and at the same time, detainees held by the NDS and the ANP. motivated law enforcement officials to use the u As a member of the Criminal Justice working EVAW law more effectively. group, OHCHR/UNAMA provided comments on u In September 2010, a Human Rights Support Unit the draft Criminal Procedure Code in line with was established within the Ministry of Justice to international human rights standards. strengthen the Government’s capacity to fulfill its OHCHR/UNAMA also regularly participated in international human rights obligations laid down taskforce meetings for the drafting of the National in Afghanistan’s Constitution and in accordance Priority Programme (NPP) on Law and Justice, and with the human rights treaties it has ratified. In together with the European Union Police Mission collaboration with UNDP, OHCHR/UNAMA in Afghanistan (EUPOL) and other development supported the establishment of the Unit agencies, provided trainings for law enforcement throughout 2011. The Office also conducted agencies on detention and fair trial rights. trainings on the human rights-based approach for u In September 2011, the Government approved a newly recruited staff and provided policy advice by-law regulating the operation of the Women’s and technical advice to the Unit for the Protection Centres for vulnerable women and development of an action plan to implement girls facing violence and abuse. OHCHR/UNAMA, Universal Periodic Review (UPR) in cooperation with civil society, the Afghanistan recommendations. Independent Human Rights Commission and the United Nations Country Team (UNCT) advocated State engagement with human rights with the Government to ensure that the by-law mechanisms (EA 6) was in line with human rights standards. u In 2011, the Government of Afghanistan Repeated joint advocacy and engagement led to submitted its first periodic report to the the incorporation of positive amendments. The Committee on the Elimination of Discrimination approved by-law safeguarded the fundamental against Women (CEDAW). The report will be human rights of women exposed to, or at risk of, considered by the Committee in 2012. Together violence, including the right to privacy, access to with UN Women, OHCHR/UNAMA provided adequate healthcare and social and legal support. support to the Human Rights and Women u Effective implementation of the 2009 Law on the International Affairs Division of the Ministry of Elimination of Violence against Women (EVAW) Foreign Affairs in drafting its State Party report. is the key to ending violence against women and

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Human rights mainstreaming within the United and reconciliation efforts. Intensification of the Nations (EA 11) conflict, however, restricted the access and u OHCHR/UNAMA actively participated in the United movement of human rights officers in day-to-day Nations Development Assistance Framework operations. UNAMA’s Northern Region Office in (UNDAF) process, especially in relation to Mazar-i-Sharif, for instance, remained closed for monitoring and evaluation, to advocate with three months after it was attacked in April (one UN agencies for the integration of human rights into human rights officer died in the attack), resulting in their country programming and implementation a dramatic winding down of activities in the northern efforts. Continued engagement in this regard region over an extended period. ensured that UN agencies increasingly incorporated human rights principles in their programmes. In 2011, staff turnover also affected programme u To bring coherence to UN programme delivery implementation. Several experienced human rights efforts, UN agencies and the Department of officers left the mission at the same time that a hiring Peacekeeping Operations (DPKO) drafted the freeze was instituted. Insecurity and the attacks Integrated Strategic Framework (ISF) in June against the UN offices in Mazar-i-Sharif, Herat and 2011. OHCHR/UNAMA led the drafting process. Kandahar made it difficult to recruit new staff. These Its direct engagement in the process ensured that human resource constraints also made it difficult to human rights is now one of the key priority areas. maintain a comprehensive range of priority issues In 2012, OHCHR/UNAMA will focus its activities and fully implement the human rights programme. on the effective implementation of the ISF. OHCHR/UNAMA’s systematic monitoring and reporting Challenges and lessons learned combined with targeted advocacy on key priority areas, including protection of civilians, violence against The intensification of the conflict forced UNAMA to women and detention demonstrated the value of intensify its activities, focusing on the protection of facilitating effective changes on the ground and civilians, the root causes of the conflict and peace improving human rights awareness and protection.

Working with religious leaders to eliminate violence against women

During Friday prayer services, some influence in Afghanistan and can be community to express their views on religious leaders and Mullahs in the useful in changing perceptions and and understanding of women’s south-eastern region have begun societal attitudes on violence against rights issues. It also helped to build preaching against existing harmful women and harmful traditional rapport with religious leaders for traditional practices and in favour of practices, OHCHR/UNAMA initiated further engagement by focusing on women’s rights. This came about a project in the south-eastern region issues they were willing to discuss. following OHCHR/UNAMA’s efforts to focus on building partnerships at the community level to facilitate with the Department of Hajj and In the second phase, respected and discussions on traditional customs Awqaf and the Ulema Shuras.4 This progressive scholars on Islam with regards to women and the region is among the most worked directly with the Imams and interpretation of Islam. conservative in the country and has religious leaders to demystify some had the greatest increase in of the concepts they had understood Harmful traditional practices, such insurgent activity and violence over regarding Islam and women’s rights. as child marriages, exchange the last year, making the combating Use of progressive scholars helped marriages, honour killings and the of violence against women to initiate positive dialogue on trading of girls to resolve disputes particularly challenging and a matter women’s rights issues and minimize (baad) are major human rights of the utmost urgency. the influence of outspoken critics concerns in Afghanistan. Although opposed to social and legal reforms some of these practices are In its first phase, together with the developed to bring an end to inconsistent with Sharia law, Department of Hajj and Awqaf, the harmful traditional practices. national and international law, Office organized regular meetings OHCHR/UNAMA also conducted many Afghans, including some and roundtable consultations with radio discussion programmes with religious leaders, reinforce these religious leaders to discuss women’s religious leaders and progressive harmful customs by invoking their rights issues. The objective of the scholars to promote positive views particular interpretation of Islam. As meetings was to provide a means of on women’s rights issues. religious leaders have great follow-up and allow the religious

4 Religious councils.

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United Nations Integrated Mission in humanitarian response. OHCHR is currently engaged Timor-Leste in discussions with the Government and UN partners on possible forms of a human rights presence after Year established The Human Rights and Transitional UNMIT is phased out in December 2012. Justice Section was established in 2006 as an integrated component of Results the United Nations Integrated Mission in Timor. OHCHR has had a presence in Timor-Leste since 2001. National laws, policies and institutions (EA 1) u Staff as of 31 49 The Law against Domestic Violence was adopted December 2011 by the National Parliament on 3 May 2010 and entered into force on 8 July 2010. The Law provides a framework for the Government, police Background and community to respond to domestic violence and is largely in compliance with international Timor-Leste’s political and security situation has human rights standards. Domestic violence is still improved since the 2006 crisis and significant the most reported gender-based violence-related advances have been made in the field of human crime and among all crimes, is second only to rights, although challenges remain. In March 2011, common assault. HRTJS participates in the UN primary responsibility for the conduct of all police Gender-Based Violence Working Group which operations was transferred from the United Nations monitors and promotes implementation of the Police (UNPOL) to the Timor-Leste National Police Law. In addition, HRTJS continued to monitor Force (PNTL). While key justice sector institutions gender-based violence cases by inquiring about have been created, a large part of the population follow-up with the Prosecutor’s Office and in does not benefit from services of the formal justice courts. HRTJS also refers victims of gender-based system and the capacity of justice actors needs violence to referral networks. further strengthening. The next test will come with u As of the end of 2011, the draft land law, the the presidential and parliamentary elections that will Special Regime for the Determination of take place in 2012 and the expected withdrawal of Ownership of Immovable Property, had not yet the United Nations Integrated Mission in Timor-Leste been adopted. The draft law is largely in (UNMIT) at the end of 2012. compliance with international standards, ensures that women have the right to own property and Accountability for the events of the 2006 crisis has prohibits any form of discrimination. HRTJS not been fully realized. Although several convictions provided comments to the draft law based on the were handed down in 2010 and the Government Pinheiro Principles and emphasized the provided compensation to some of the victims, the importance of co-ownership as it provides greater pending cases and investigations have not economic empowerment for women and progressed substantially in 2011. Very modest enhances development in rural communities. The progress has been made in terms of accountability draft law was discussed in Parliamentary for human rights violations committed in 1999. Two Committee A in October 2011 and is scheduled former militia members were indicted (one of whom for further discussion in the Plenary Session in was tried and convicted) for crimes against humanity February 2012. The Minister of Justice allocated in the form of murder. Weaknesses in the system funds from the 2012 budget for the remain apparent as evidenced by the fact that the implementation of the law. convicted militiaman escaped custody and his u During 2011, the Provedoria for Human Rights and current whereabouts are unknown. Justice (PDHJ), Timor-Leste’s national human rights institution (NHRI), carried out monitoring activities OHCHR is present in Timor-Leste as a component of and reported on selected human rights issues. The UNMIT. The Human Rights and Transitional Justice monitoring and reporting was undertaken based Section (HRTJS) of UNMIT carries out multifaceted on identified priorities and human resources as programme activities including monitoring and well as financial and technical capacities, although reporting on the human rights situation as well as the level of compliance of authorities with PDHJ’s the provision of technical assistance and advice and recommendations remained low. OHCHR capacity-building initiatives for representatives of contributed to the PDHJ’s Capacity-Building State institutions and civil society organizations. The Development project, led by UNDP, with two Section’s broad-based mandate also encompasses HRTJS staff, a national and an international officer, security sector reform and transitional justice. In who continued to be located at the Provedoria’s addition, OHCHR co-leads the Protection Cluster for Office. The PDHJ operated in accordance with the

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Launch of the Report on the Rights of Persons with Disabilities in Timor-Leste, September 2011.

Paris Principles and was able to retain its “A” and the judicial system. The majority of these status with the International Coordinating cases are pending and the Government’s Committee for NHRIs. Deficiencies in the response cannot yet be determined. financing of the PDHJ, however, had an impact on the capacity of the organization to respond Justice and accountability mechanisms (EA 3) to urgent issues in a timely and efficient u The draft laws on the follow-up institution to manner. the Commission for Reception, Truth and u During 2011, the new National Commission on Reconciliation (CAVR - Comissão de the Rights of the Child issued its first public Acolhimento, Verdade e Reconciliação)(named report based on consultations with children, the Public Memory Institute in the current parents, school personnel and Government draft) and the reparations scheme were officials that were held throughout the country adopted in the first and second readings in from 2010-2011. The report was disseminated 2010. Although the third reading has been and the findings and recommendations were pending since that time, however, in December presented to the Government and civil society 2011, it was announced that it will take place actors and opened for discussion at a public in February 2012. HRTJS provided technical ceremony. HRTJS provided human rights and financial assistance for the drafting of both training and financial support to the laws, support for the creation of a national Commission. In November and December 2011, victims’ association and advocated for the the Commission collaborated with UNICEF and adoption of the draft laws. HRTJS to promote birth registration for children u The Government made further progress in of all ages. HRTJS provided financial and developing the legislative and policy technical assistance, including for outreach in framework for the PNTL, in particular with Oecusse, broadcast radio programmes and regard to disciplinary mechanisms. On 3 August disseminated pamphlets. 2011, the Council of Ministers approved a u During 2011, HRTJS highlighted 61 cases through decree-law to amend the current legal a monthly reporting mechanism to the Prime framework on the PNTL disciplinary Minister. HRTJS also assisted victims to file mechanism. UNMIT provided support for the complaints with police disciplinary mechanisms drafting of the decree-law. In September 2011,

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the draft was returned to the Superior Council of findings of the research were shared in a seminar Security and Defence for further discussion. At organized by the Network with authorities, civil the end of 2011, the draft decree-law was society and other relevant stakeholders. The submitted to the Secretary of State for Security for initiative and findings of the Housing Rights further review, together with another draft under Network had a significant impact and was referred consideration. to in the national media. The Government actively participated in two follow-up seminars during Access to Basic Services (EA 4) which the research findings were discussed. The u Forum-DESK (Forum on Economic, Social and Government invited the Housing Rights Network Cultural Rights), a national non-governmental to visit the first Suco which is scheduled to benefit organization (NGO), conducted targeted from the Government's so-called Millennium advocacy on the right to education. The advocacy Development Goal Suco programme. Under the developed out of monitoring it had conducted in programme, five houses will be built per year for 2010 in one subdistrict of the country as well as a the next five years for the most vulnerable persons seminar it had organized in May 2011 included in each Suco. the participation of, among others, Members of Parliament, the Ministry of Education, local State engagement with human rights authorities and civil society. In response to the mechanisms (EA 6) concerns raised, the Ministry of Education u The Government submitted its report for the included the rehabilitation of four schools in the Universal Periodic Review (UPR) process on time, subdistrict in its 2012 programme. The HRTJS has after conducting countrywide consultations to provided technical and financial support to gather necessary data. Out of 125 Forum-DESK since 2009, including through recommendations, Timor-Leste accepted 46 and training on international human rights standards, rejected one. It considered that 42 had already guidance on monitoring and data gathering for been implemented or were in the process of the research and comments on the research being implemented. Thirty-six recommendations report. will be examined and responded to at the Plenary of the Human Rights Council in March Participation (EA 5) 2012. The HRTJS provided technical and financial u During the year, five NGO partners of the HRTJS assistance, including through training for the conducted 16 human rights sessions at the preparation of reporting guidelines and a community level in six districts in the country. questionnaire for data gathering. These sessions included theatre performances u In March 2011, the PDHJ, with the technical about children’s rights, rights of persons with support and assistance of the HRTJS, submitted a disabilities, the domestic violence law and the joint report with 55 civil society organizations legal process for cases of domestic and (CSOs), for the Universal Periodic Review. The gender-based violence. As a result of the stakeholders undertook a comprehensive review programmes, in several instances of alleged of the State of Timor-Leste’s level of compliance human rights abuses, victims requested the with the human rights treaties it has ratified and assistance of partner NGOs and concerns were made concrete recommendations on ways to raised or complaints filed with relevant improve the present situation. authorities. A total of 944 community members, including local authorities, participated in the Human rights mainstreaming within the United different sessions (407 of whom were women). Nations (EA 11) u In 2010-2011, the Housing Rights Network u In September 2011, HRTJS launched the first conducted research on the housing situation in public report by a peacekeeping mission on the Timor-Leste in 10 villages across five districts of rights of persons with disabilities. The objectives the country. The HRTJS provided technical and of the report were to mainstream the rights of financial support for the research, accompanied persons with disabilities into routine human monitoring activities, advised on questionnaires rights work, create opportunities for persons with for data-gathering and commented on the disabilities to participate in human rights activities research report. The research concluded that and advocacy and raise awareness about the housing conditions are inadequate due to, among rights of persons with disabilities through public other things, insecurity of land tenure, an reporting and advocacy. The report reflected increase in the number of habitants per home, long-term research undertaken by HRTJS, deteriorating physical conditions of the homes including extensive research conducted in 2011. and the impact of climate change. The main The findings and recommendations are being

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used to facilitate discussion on how Government, help address the main human rights challenges, civil society and international actors can work the Government of Timor-Leste requested a together to promote and protect the rights of continued field presence of OHCHR after UNMIT persons with disabilities. withdraws in 2012. u As the lead of the national Protection Cluster, HRTJSraisedawarenessandpromotedlandand An OHCHR assessment mission in October 2011 housing rights at Protection Cluster meetings, suggested a continued OHCHR presence with a including by preparing a joint letter to national possible mandate focused on human rights authorities expressing concern over recent cases of monitoring and reporting, capacity-building and forced evictions. Based on information gathered in institutional support, as well as transitional justice. monitoring, cases were referred to the relevant This would be carefully aligned with the Joint authorities and HRTJS provided technical support Transition Plan, signed by the Government of to advocacy efforts undertaken by national actors. Timor-Leste and UNMIT and address most of the UPR recommendations issued in relation to Challenges and lessons learned Timor-Leste at the Human Rights Council in 2011. Discussions are ongoing within the UN system and HRTJS led the UN system transition planning for with the Government on the appropriate form of the rule of law, justice and human rights sector in post-UNMIT UN engagement, including in relation to partnership with the Ministry of Justice. In order to human rights.

Pilot project on economic, social and cultural rights

In a pilot project focusing on the Water and Sanitation technical support for household economic, social and cultural rights Department. As of the end of 2011, toilet construction as well as training (ESCRs) conducted by the community had constructed two to the community on building UNMIT-HRTJS, one village was public toilets (one for men and one latrines, their use and maintenance. equipped with sanitary facilities and for women) with universal access The HRTJS will ensure community trained on maintenance. After an while at least five households had participation and provide financial assessment, the Lontas village in started building private toilets. support to purchase the required the Bobonaro District was identified Moreover, CARE agreed to extend its materials for the construction of the as the poorest in terms of support to the pilot project in 2012 latrines. The project will continue accessibility and availability of basic and will continue to provide until at least June 2012. services. Through regular focus group discussions facilitated by the Section, priorities were identified by the community and access to sanitation was deemed to be the most critical. During 2011, the HRTJS conducted meetings with local authorities and NGOs to assess their expertise and capacity to respond to the sanitation needs of the community. As the Government was unable to carry out the required tasks, CARE International volunteered to provide technical support to build, use and maintain latrines. In September 2011, CARE conducted a training session for the community in the presence of local

authorities, including an official from © OHCHR/Timor-Leste

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Human Rights Advisers to UN Country Teams

Papua New Guinea © OHCHR/Papua New Guinea Year established 2008 Staff as of 31 December 2011 1

Background

Papua New Guinea (PNG) is a multiparty democracy with constitutional protection for human rights and a State Party to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The country has increased its cooperation with the international human rights mechanisms in the last few years, as evidenced by its review by the CEDAW Committee in 2010, the mission of the Special Rapporteur on torture in 2010 and PNG’s Universal Periodic Review (UPR) in 2011. In spite of its legal framework of protection, implementation remains a key concern. Human rights violations by the police and correctional services are compounded by poor prison conditions and lengthy pre-trial detention. Violence against women is widespread in the home and is also perpetrated by State Human Rights Film Festival in Papua New Guinea, December 2011. actors. There are very high rates of rape and violent crime as well as ineffective protection by law enforcement agencies. Insufficient resources, Results widespread corruption and the absence of a determined political leadership have compounded National laws, policies and institutions (EA 1) law and order problems in the country. The u The Royal Papua New Guinea Constabulary continued tribal conflicts, vigilantism and lack of (RPNGC) increased its actions to investigate cases protection by the State have augmented security of police violence and hold perpetrators concerns. More than one third of Papua New accountable. Throughout the year, the Police Guineans live in poverty with some of the highest Commissioner and senior police officials issued rates of child and maternal mortality in the region. public statements reiterating that 2011-2012 would be years of discipline. Advocacy by A Human Rights Adviser (HRA) has been working OHCHR and the recommendations of the Special with the United Nations Country Team (UNCT) in Rapporteur on torture have contributed to this Papua New Guinea since 2008. OHCHR is result. Furthermore, the Office supervised a providing technical assistance to the UNCT, the human rights needs assessment of the RPNGC Government and strengthening the capacity of which will inform the next phase of the UN and civil society to defend human rights. RPNGC human rights capacity-building project in 2012. The project aims to increase the level of compliance of law enforcement with international human rights standards.

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u OHCHR provided technical assistance for the u An increased number of individual cases were drafting of the enabling law in 2009-2010 and submitted to special procedures under the advocated throughout 2011 for the establishment communications procedure. As a result, four of a national human rights commission to be communications were sent to the Government of made a national priority and submitted to PNG in 2011, following OHCHR mentoring and Parliament for consideration. The Minister of facilitation. Justice and the Minister of Community Development have not yet submitted the Human rights mainstreaming within the United enabling legislation to the National Executive Nations (EA 11) Council and Parliament. u The UNCT integrated international human rights standards and principles into the new United Ratification (EA 2) Nations Development Assistance Framework u The Government signed the Convention on the (UNDAF) 2012-2015 following support by Rights of Persons with Disabilities (CPRD) in 2011 OHCHR, including training on human and is considering ratification following OHCHR’s rights-based approaches to development. OHCHR training for Government officials on the importance also led the development of a four-year human of the treaty. Following OHCHR’s advocacy, the rights strategy for the UNDAF and continued to Government is studying the Convention against chair the UN Human Rights Task Team. Torture and Other Inhuman or Degrading Treatment or Punishment and considering its Challenges and lessons learned ratification. Continued political instability in Papua New Guinea Participation (EA 5) led to frequent changes in Government ministries u OHCHR created a Quarterly Human Rights Forum and portfolios. This presented a challenge to for enhanced dialogue on human rights and strengthening the national human rights protection engagement with Government policymakers to systems and progress on legal and institutional advance the human rights agenda and promote reforms was delayed. A proposed visit by the High the participation of civil society and other Commissioner in May 2011 was also postponed. stakeholders. OHCHR also developed a communications strategy to advocate for greater human rights protection in PNG and disseminate The impact of the HRA’s deployment was enhanced information about human rights to the general with consistent support from the OHCHR Regional public. This was done by strengthening networks Office in Suva, including missions by the Regional of contacts, making use of the media, creating a Representative and Regional Gender Adviser. The website and holding an annual PNG human thematic focus of the HRA’s activities was closely rights film festival. These outreach activities aligned with OHCHR’s broader thematic priorities in significantly improved access to human rights the region and their work in PNG was often information and opportunities for public dialogue integrated into broader regional initiatives. During on how to advance the human rights agenda. 2012, OHCHR will explore possibilities for strengthening its programme and presence in PNG. State engagement with human rights mechanisms (EA 6) Sri Lanka u In 2011, the Government submitted its report to the UPR following technical assistance provided Year established 2004 by OHCHR at all stages of the process, including Staff as of 31 December 2011 4 the organization of a mock UPR session in PNG for the delegation. The Government also prepared an action plan to implement the Background concluding observations issued by the CEDAW Committee, with the support of the UN. More than two years after the end of the armed conflict in May 2009, major human rights challenges Civil society engagement with human rights remain. By the end of 2011, the majority of the mechanisms (EA 7) 280,000 internally displaced persons (IDPs) that had u Three civil society reports were submitted to the been displaced at the end of the war had left the UPR following OHCHR’s training on monitoring, main camp at Menik Farm. Nevertheless, these IDPs documenting and reporting on human rights. continued to face considerable challenges due to an absence of permanent shelter and livelihood options

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as well as limited access to services such as health a high-level dialogue and full capacity assessment care and education. While the state of emergency scheduled for 2012. (SOE) was allowed to lapse on 30 August 2011, the u Following up on its voluntary commitments Prevention of Terrorism Act, which impinges on civil undertaken during its 2008 Universal Periodic liberties, remains on the statute books. Journalists Review (UPR), the Government of Sri Lanka and human rights defenders report ongoing developed a National Human Rights Action Plan instances of intimidation, threats and violence. The (NHRAP) which was officially approved in Government appointed a Lessons Learnt and September 2011 and launched in January 2012. Reconciliation Commission (LLRC) which reported in Through the UN Joint Programme on Human December 2011, but issues of accountability for past Rights, the HRA provided good practices and violations remain unresolved. The Government guidelines on the process of developing the promised to initiate political dialogue to respond to NHRAP and UNDP provided funding to support minority grievances and demands and address the its development. root causes of the armed conflict. u The Inspector General of Police approved the comprehensive training curriculum and lesson New commissioners were appointed to the Human plan for the core human rights training Rights Commission in February 2011 and steps were programme of the Sri Lankan police. It was taken to re-establish its functioning with assistance translated and printed in Sinhala, Tamil and from OHCHR, the Asia Pacific Forum (APF) and English. The training-of-trainers on human rights UNDP. The Government finalized its first national and policing held by OHCHR in 2009 formed the human rights action plan in September 2011. basis for these training materials.

OHCHR has had a Senior Human Rights Adviser Human rights mainstreaming within the United (HRA) based in Sri Lanka since June 2004. While the Nations (EA 11) HRA’s core work has been to provide support to the u OHCHR continued to play an active role as a United Nations Country Team (UNCT), the HRA also member of various inter-agency fora which works on a number of areas of technical cooperation address human rights and protection issues, such with the Government. This includes supporting the as the IDP working group and advisory task Human Rights Commission (HRC) and providing force, the 1612 Task Force on Children in Armed police training in order to improve their investigative Conflict, the gender-based violence forum and capacities and prevent torture. the working group on disarmament, demobilization and reintegration. Results u Drafting of the new United Nations Development Assistance Framework (UNDAF) (2013-2017) National laws, policies and institutions (EA 1) began in 2011 and OHCHR worked throughout u After a year and a half without commissioners in the process to advise on a human rights-based the Human Rights Commission of Sri Lanka, five approach which was endorsed by the UNCT. new commissioners were appointed in February 2011. Although the HRC component of the UN Challenges and lessons learned Joint Programme on Human Rights has been ongoing since 2008, the arrival of the new During 2011, the Human Rights Adviser continued to commissioners and their active engagement with develop areas of collaboration with Government the project, as well as with OHCHR and the Asia partners, notwithstanding the sometimes difficult Pacific Forum, enabled the project to dramatically engagement between the Secretary-General and increase its scale of support and activities. In High Commissioner and the Government in relation addition, the commissioners agreed to two to accountability issues. external OHCHR/APF/UNDP activities, including

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Type of presence Location Human rights challenges in Europe and Central Asia Stand-alone office l Kosovo* cover a wide range of issues, including multiple Regional offices l Central Asia (Bishkek, Kyrgyz Republic) forms of discrimination; rights of migrants; gender l Europe (Brussels, Belgium) inequality, violence against women, and trafficking; Human rights l Republic of Moldova torture and ill-treatment; inadequate detention advisers to UN l Russian Federation conditions; poverty; administration of justice and Country Teams l Serbia independence of the judiciary; freedom of the l South Caucasus (based in Tbilisi, covering media; and the situation of human rights defenders. Armenia, Azerbaijan and Georgia) l Tajikistan During the reporting period, OHCHR was l The former Yugoslav Republic of Macedonia represented in the region by the following field l Ukraine presences: two regional offices, one for Europe and * Reference to Kosovo should be understood in full compliance with United Nations Security Council resolution 1244 and without prejudice one for Central Asia (including national officers to the status of Kosovo deployed to Kazakhstan and Tajikistan); a stand-alone office in Kosovo and seven human rights Comprised of 54 countries, the Europe and Central advisers: a regional adviser for South Caucasus; Asia region extends to members and associated international human rights advisers in the Republic members of the European Union, the Russian of Moldova, the Russian Federation, Tajikistan and Federation, the five countries of Central Asia, Ukraine (as of December 2011), and national human countries of the Commonwealth of Independent rights advisers in the former Yugoslav Republic of States, the Russian Federation, South Caucasus and Macedonia and Serbia. Turkey. The region also includes several disputed territories which continue to present particular In 2011, the High Commissioner carried out a difficulties in terms of human rights protection. number of country visits to the region. Her visit to

OHCHR REPORT 2011 329 OHCHR IN THE FIELD: EUROPE AND CENTRAL ASIA the Russian Federation in February 2011 created an Stand-alone Office opportunity for OHCHR to enhance its national and international engagement with the country and maintain its frank dialogue on critical human rights Kosovo4 issues. The High Commissioner's visit to the Republic of Moldova in November 2011 followed the Year established 1998 country's Universal Periodic Review (UPR) in the Staff as of 31 December 2011 8 Human Rights Council and provided the optimal impetus for discussing human rights issues with the Expenditure in 2011 US$763,666 Government, civil society and other stakeholders, while also enhancing and consolidating OHCHR's Background engagement with the country.

The High Commissioner also visited France within During 2011, Kosovo continued to be supervised with the framework of the Annual Consultation between final political authority vested in the European Union the Government of France and OHCHR. The Deputy Special Representative (EUSR) and the International High Commissioner visited: Ireland in the context of Civilian Representative (ICR). The EU’s Mission the Dublin II Meeting on “Strengthening the United assumed some of the competences of the United Nations Human Rights Treaty Body System;” Belfast, Nations Interim Administration Mission in Kosovo Northern Ireland, at the invitation of the Northern (UNMIK) in the rule of law area. It is expected that Ireland Human Rights Commission (NIHRC); the International Civilian Office (ICO) will be phased Lithuania in the context of Lithuania’s Chairmanship out in 2012. Four years after the unilateral declaration in the Community of Democracies; and Poland to of independence, Kosovo was recognized as a State participate in the annual Fundamental Rights by 85 Member States of the United Nations. The Conference. country, however, remains outside of major international and regional organizations (UN and OHCHR’s country-engagement work continued to Council of Europe). The political environment focus on follow-up to concluding observations and remained complex throughout 2011, with a serious recommendations of international human rights deterioration of the situation in the north of Kosovo mechanisms, including treaty bodies, special that triggered several interventions by the NATO procedures and UPR and the implementation of Kosovo Force (KFOR). Dialogue between Belgrade human rights projects on the ground. To advance and Pristina, which resumed in 2011, was carried out human rights in the region, OHCHR maintained under the auspices of the EU and resulted in limited close contacts with regional organizations such as progress on selected technical issues. the Council of Europe, the European Union, the Organization for Security and Cooperation in In 2011, OHCHR’s Stand-alone Office in Kosovo Europe, as well as with UN departments and focused on: monitoring the human rights situation; agencies, governmental institutions, national human supporting the process of reporting to the UN treaty rights institutions, parliamentarians, civil society bodies by UNMIK; advising local institutions on organizations, think tanks and human rights activists. human rights issues, including on compliance of OHCHR’s work on the ground also focused on legislation with international human rights standards strengthening the capacity of States to implement and providing training on human rights indicators; their human rights commitments stemming from UN supporting the Ombudsperson institution, human rights treaties and mechanisms which particularly the process of appointing the required coordinated interaction across the Office, Ombudsperson’s deputies; and providing support including the Human Rights Council and Special and advice to the UN Agencies working in Kosovo Procedures Division, the Human Rights Treaties on human rights issues. OHCHR also provided Division and the Research and Right to Development support in the field of transitional justice with a Division. special focus on witness protection, monitoring of war crimes and ethnically motivated crimes and in relation to initiatives undertaken by civil society organizations (CSOs) to deal with the past. Also during 2011, OHCHR ensured particular attention was paid to the issue of non-discrimination by building partnerships with civil society organizations

4 Reference to Kosovo should be understood in full compliance with United Nations Security Council resolution 1244 and without prejudice to the status of Kosovo.

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in order to collaboratively advocate for the Justice and accountability mechanisms (EA 3) amendment of the Anti-Discrimination Law and u Target: Kosovo authorities have endorsed the provide legal aid to alleged victims of discrimination Statute of the Regional Commission (RECOM) for with a special focus on marginalized groups. establishing the facts relating to serious human rights violations committed during the wars in the As part of a United Nations Kosovo Team (UNKT) former Yugoslavia. joint programme based in Mitrovica, OHCHR carried The adoption of RECOM’s draft Statute in March out capacity-building projects for civil society 2011 signalled the conclusion of the consultation organizations and other local stakeholders on human process undertaken to establish the facts about rights and regularly monitored the human rights war crimes. Kosovo’s Prime Minister supported situation in the north. To bring the UN effort and the initiative and promised to be personally presence into alignment with Kosovo development engaged with other institutions in Kosovo in plans, UNKT produced a Common Development relation to the endorsement of the RECOM draft Plan (CDP 2011-2015, equivalent to the United Statute developed to establish the facts relating to Nations Development Assistance Framework serious human rights violations committed during (UNDAF)). The UN Strategic Framework (UNSF the wars in the former Yugoslavia. This initiative 2010-2012) was developed to adapt the UN’s has the support of the international community, mandate under Security Council resolution 1244 to including the EU and OHCHR. The Office has the realities on the ground. OHCHR is an active actively participated in the consultation process partner and contributor to both processes. and provided advice and suggestions on various provisions of the draft Statute. OHCHR’s main Results contribution was related to the terms and definitions used and their harmonization with the National laws, policies and institutions (EA 1) definitions used in international human rights u Target: The Ombudsperson institution has been treaties. OHCHR furthermore supported civil fully staffed and is functioning according to the society efforts in addressing issues pertaining to Paris Principles. transitional justice within Kosovo and at the In October, the Kosovo Assembly appointed five deputy Ombudspersons through a transparent process that complied with statutory requirements on minority and gender representation. OHCHR substantially contributed to this process by providing comments on the rules of procedure

relating to the selection process and technical © EPA/Valdrin Xhemaj assistance on the Paris Principles. The entire selection process was also monitored by civil society organizations and international agencies present in Kosovo. For the first time since its establishment and the transfer of authority to Kosovo institutions, the Ombudsperson institution is fully staffed. Upon the selection of the deputy Ombudspersons, OHCHR worked in close cooperation with the institution and provided substantial guidance and support in addressing discriminatory legislative provisions. By the end of 2011, the Ombudsperson institution processed its first case to the Constitutional Court with positive outcomes. u Result achieved for which no target was set: In November, OHCHR commissioned a study which resulted in an internal report with recommendations to improve the existing Law on Witness Protection adopted by the Kosovo Assembly and enhance its compliance with human rights standards. The report examines current practices with respect to the protection of witnesses and victims and will be launched in 2012. A Roma child playing in a settlement in Mitrovica, Kosovo.

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regional level. OHCHR supported the policy recommendations and provided mobilization of civil society to identify adequate comparative research on equality bodies that and nationally-owned transitional justice solutions could be used as a model by Kosovo institutions. and has actively participated and provided Together with the Organization for Security and technical assistance in the regional consultative Co-operation in Europe (OSCE), OHCHR will process held in 2011. continue to be one of the drivers and substantive u Target: National Preventive Mechanism (NPM) contributors to the process. against torture in Kosovo is established and functional (as per the Optional Protocol to the Participation (EA 5) Convention against Torture and Other Cruel, u Target: At least five NGOs have effectively Inhuman or Degrading Treatment or Punishment advocated for the implementation of the (OP-CAT)). Anti-Discrimination Law and Gender Equality A cooperation agreement between the Law. Ombudsperson, the Kosovo Rehabilitation Centre The Office continued to promote the for Torture Victims and the Council of Defence of methodology of strategic litigation to create Human Rights and Freedoms collaborated to demand by individuals and certain marginalized establish an NPM that will enter into force in May groups for implementation of the 2012. This agreement constitutes the legal basis Anti-Discrimination Law and to test the judicial for cooperation between these organizations and system’s response to anti-discrimination cases. In expresses a joint commitment to establish the this context, the Office supported the European NPM. It is expected that this mechanism will pave Centre for Minority Initiatives (ECMI), a local the way for eventual ratification of OP-CAT and non-governmental organization that works the establishment of a permanent, sustainable primarily on minority issues, which provided and nationally financed body mandated to direct legal aid to 44 cases of alleged strengthen the rights of people deprived of their discrimination related to, inter alia, restoration of liberty. OHCHR provided significant assistance to destroyed property and return of seized property, efforts for the establishment of the mechanism, access to records and obtaining personal inter alia, by improving coordination and documents and repatriation. In addition, ECMI disseminating information on good practices to drafted a report on the pattern of segregation of monitoring actors in Kosovo. OHCHR regularly Roma children in separate classrooms. The report attended consultative meetings prior to the outlines a set of recommendations to the Ministry conclusion of the agreement and organized two of Education for the adoption of administrative workshops for civil society organizations, the instructions that are based on the Law on Primary Ministry of Justice and correctional service staff. Education and existing inclusive policies to stop discriminatory practices at school. Another local Access to justice and basic services (EA 4) partner of OHCHR, the Youth Initiative on u Target: Anti-discrimination law and other related Human Rights (YIHR), received technical advice legislation is amended and appropriate on drafting a report on the implementation of the mechanisms have been established. Anti-Discrimination Law in Kosovo. The report The Advisory Office on Good Governance/Office was issued in December 2011 and highlights of the Prime Minister (AOGG/OPM), the main weaknesses in existing legislation and gaps in coordinating structure for the implementation of institutional capacity related to implementation of the Kosovo Action Plan on the implementation of the Law. Although unrelated to advocacy for the the Anti-Discrimination Law, established a implementation of the Anti-Discrimination Law, multi-sectoral working group to develop an OHCHR distributed small grants to civil society updated Action Plan. OHCHR maintained its organizations in Mitrovica and Zveçan to carry sustained advocacy for the revision and out activities focused on: the promotion and amendment of the Law which entered into force protection of human rights, such as campaigning in 2004. Implementation remained very low at all for ratification or implementation of human rights levels. The Office directed its efforts towards two instruments, as well as monitoring, objectives: a) focusing on the policy level to documentation, legal aid, strengthening the rule influence the initiation of the revision and of law and improving access to justice. amendment of the Law; b) supporting local non-governmental organizations (NGOs) to State engagement with human rights increase the demand for its implementation while mechanisms (EA 6) ensuring local ownership of the process. As part u Target: More than 50 per cent of of the working group, OHCHR presented its recommendations issued by the committees of the

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International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), special procedures and other mechanisms, as per ad-hoc arrangements on Kosovo, were implemented. In February 2011, UNMIK submitted a letter to the Committee on the Rights of the Child (CRC) along with the Government’s report. The letter explained the new situation created in Kosovo after the 2008 declaration of independence and acknowledged that the realities on the ground have effectively nullified UNMIK’s authority and capacity to compile and provide information on the implementation of human rights treaties in Kosovo. OHCHR’s efforts to facilitate dialogue between UNMIK, Kosovo authorities and the international human rights treaty bodies proved to be increasingly difficult. On the one hand, none of the treaty bodies adopted a specific position which would enable their consideration of the human rights situation in Kosovo without

prejudice to its political status. On the other © REUTERS/Hazir Reka hand, the previous practice employed by UNMIK Muslims take part in a protest in Pristina, Kosovo. of compiling reports in partnership with the then-Provisional Institutions of Self Government (PISG) no longer seemed tenable. The Equality. These materials will be assessed by the Government expressed an interest in drafting Working Group in its February 2012 session. substantive reports and pledged it commitment to monitoring the full implementation of the Human rights mainstreaming within the United obligations of human rights treaties which are Nations (EA 11) enshrined in the Kosovo Constitution. The u Target: The UN Common Development Plan and Government has nevertheless been reluctant to joint UN Kosovo Team programmes have accept any formal representation by other integrated UN guidelines on human rights-based international institutions, including UNMIK, in approaches to a substantial extent. international human rights mechanisms. In this As part of the process of drafting the UN Strategic context, the Office continued to reiterate the Framework, UNMIK and the UNKT jointly need for capacity-building within the relatively identified thematic areas of crucial importance to new Kosovo institutions on human rights peace consolidation in Kosovo. The analysis that accountability. OHCHR continuously advocated shaped the UNSF was further developed by the with UN agencies and major donors on the need UNKT to prepare the CDP. OHCHR contributed to allocate resources and mainstream human substantially to the development of both rights through their technical assistance. documents by providing technical support on a human rights-based approach and actively Civil society engagement with human rights participating in their implementation structures. mechanisms (EA 7) OHCHR co-chairs the UNSF Human Rights and u Target: At least 10 substantive documents Gender Group which focuses on coordinating submitted to treaty bodies and special procedures, efforts related to treaty body reporting. The by the national human rights institution (NHRI), Office also supports CDP implementation by civil society and individuals. contributing to the Policy and Accountability The Office played an intermediary role between Group and the Monitoring, Evaluation, Research civil society organizations and the Working and Policy Group. OHCHR’s work on Group on discrimination against women in law non-discrimination, policy advocacy and human and in practice. The Office submitted a report to rights indicators and in supporting the the Working Group, produced by the “Kosovo Ombudsperson institution directly contributes to Centre for Gender Studies,” and a documentary the implementation of the CDP. film prepared by the Kosovo Agency for Gender

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On the eve of Human Rights Day, messages to Kosovo society. Most of during and after the conflict in 10 December 2011, the OHCHR the panellists were inspired to Kosovo, as well as supporting Field Presence in Kosovo and the become human rights defenders survivors from all communities and Ombudsperson institution organized because of their life experiences their family members to get access a round table discussion entitled during the conflicts in the former to justice. “Whatdoesitmeantobeahuman Yugoslavia during the 1990s. For rights defender?” The roundtable instance, Mr. Blakaj from the HLC Twelve years after the conflict in brought together prominent human said: “Many human rights defenders Kosovo, meaningful peace and rights defenders, such as Mr. Bekim were victims of human rights progress towards realization of Blakaj from the Humanitarian Law violations in the past. I am one of human rights is lingering. Human Centre (HLC) in Kosovo, Ms. Feride them. I was denied my civil rights; I rights defenders often find Rushiti from the Kosovo was humiliated and treated without themselves confronted with multiple Rehabilitation Centre for Torture dignity. This is how I learned that it challenges.Ontheonehand, Victims, Mr. Behxhet Shala from the must be a noble mission to protect consequences of past violations Council for Defence on Human the human rights of others. My persist, such as those experienced by Rights and Freedom, Ms. Igballe experience became a source of the families of missing persons, lack Rogova from the Kosovo Women’s motivation for me to stand on the of access to justice and a failure to Network and Ms. Raba Gjshi from side of those who are not protected provide appropriate compensation the Youth Initiative for Human and to try as much as possible to and reparation measures for Rights. prevent other human rights survivors. On the other hand, violations.” The HLC is a partner communities are increasingly aware The activists spoke about their organization to OHCHR and it has of other types of violations faced by experiences and what motivated been active in Kosovo since the vulnerable groups living in extreme them to become human rights early 1990s. The NGO is best poverty, in addition to discrimination defenders; the challenges they face known for its remarkable work in based on ethnic background, gender in their current work; and their documenting crimes committed or sexual orientation.

Challenges and lessons learned follow its case law and systematically recommend compensation for findings of violations, it is likely The Human Rights Advisory Panel (HRAP) examines that the problem will reach considerable complaints of alleged human rights violations proportions. committed by or attributable to UNMIK (during the period it had executive authority). The Panel No solution has yet been identified for financial continued to review cases and when appropriate, compensation. In this sense, the victims in many makes recommendations to the Special cases are currently or potentially without an effective Representative of the Secretary-General (SRSG) in remedy. An effective resolution to this issue could Kosovo. A number of challenges have emerged in its set an important precedent for future UN or implementation, more specifically, in relation to UN international missions with an executive mandate. policies providing for the payment of compensation. Kosovo: Expenditure in 2011 In the planning for the HRAP and legislative Regular budget Extrabudgetary expenditure expenditure measures in 2006, it was assumed that UNMIK would in US$ in US$ have access to the Kosovo budget, which it Personnel and - 604,537 administered, in the event it needed to implement related costs recommendations for compensation. When HRAP Consultants - (1,045) issued its first Opinion on the merits of a case in Official travel - 11,478 November 2008 (its recommendations included Contractual services - 9,109 compensation) UNMIK was essentially unable to order corrective action and lacked the authority to General operating - 40,387 expenses order payment of compensation from the Kosovo Supplies & materials - 2,032 budget. Similarly, General Assembly resolution A/RES/52/247 of 17 July 1998 does not allow UNMIK Seminars, grants & - 9,313 contributions to pay compensation from UN funds for Subtotal - 675,811 non-material damages. More than 200 out of 450 cases that are pending before the Panel relate to the Programme support 87,855 costs payment of compensation for non-material damages. GRAND TOTAL - 763,666 As it is reasonable to expect that the Panel will

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Regional Offices Results

National laws, policies and institutions (EA 1) Regional Office for Central Asia (Bishkek, u As a result of OHCHR advocacy efforts in Kyrgyz Republic) Kazakhstan, Kyrgyzstan and Tajikistan, the Ombudsman institutions of these countries Year established 2008 expressed their intention to undergo an Staff as of 31 December 2011 8 assessment of their compliance with the Paris Principles. ROCA assisted these institutions in Expenditure in 2011 US$1,187,943 their preparation of statements of compliance with the Paris Principles for the International Background Coordinating Committee of National Institutions. In December, applications from all three The five countries of Central Asia, namely institutions were submitted along with other Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan supporting documents. They are due to be and Uzbekistan, represent a range of economic, reviewed by the Sub-Committee on Accreditation social and political situations which impact on the of the International Coordinating Committee in enjoyment of human rights in these countries. The March 2012. struggle for the protection of human rights and u Kyrgyzstan’s Ministry of Justice prepared the first fundamental freedoms is hampered by, inter alia: draft of the National Legal Policy Concept Paper legislation that fails to comply with international for 2012-2016. The Concept Paper outlines plans human rights standards; State institutions that lack to modernize current national legislation; reform accountability in relation to human rights issues; a law enforcement bodies and the judicial system; poor understanding among State authorities of the increase legal literacy among the population and concepts and value of human rights; the civil servants; and improve mechanisms for the predominant role of General Prosecutors within protection of human rights, State governance and the apparatus of law enforcement combined with legal regulation. In November, the finalized draft inadequate checks and balances; weak instruments was discussed at the Ministry of Justice with the for the protection of human rights; and a lack of participation of the Vice-Prime Minister. The awareness and knowledge among the population Concept Paper was uploaded to the Ministry’s of human rights issues. website for comments from the general public and non-governmental organizations (NGOs). The The Regional Office for Central Asia (ROCA) Ministry of Justice received technical support from continued to operate in accordance with the June ROCA in the preparation of the Concept Paper. 2008 Agreement with the Government of u The Government of Kyrgyzstan established a Kyrgyzstan. ROCA primarily works in Kazakhstan, Council for the selection of judges in order to Kyrgyzstan and Tajikistan and provides technical promote greater independence of the judiciary assistance to a joint OHCHR/UNDP project in and compliance with standards of international Turkmenistan, which seeks to strengthen the human rights and the rule of law. ROCA advised national capacity of Turkmenistan to promote and and supported the process. protect human rights. ROCA regularly engages u Beginning in April 2011, the Government of with Governments, national human rights Kyrgyzstan undertook sustained efforts to institutions (NHRIs) and civil society to promote develop a concept paper on ethnicity which and protect human rights and substantially seeks to outline key principles and policies contributes to national efforts focused on the directed at fostering inter-ethnic cooperation, integration of recommendations formulated by societal consolidation and respect for minority treaty bodies, special procedures and the rights in Kyrgyzstan. The passage of the Concept Universal Periodic Review (UPR). In coordination Paper in Parliament was delayed due to with ROCA, the OHCHR Mission to Osh (OMO) presidential elections and the formation of the continued to monitor and report on the human new Government at the end of 2011. It is rightssituationinthesouthofKyrgyzstanand expected that the Government will consider this undertook capacity-building activities to support important piece of legislation in 2012. ROCA local efforts to promote and protect international supported the process with the provision of human rights standards. technical advice and advocacy with partners regarding international norms and standards of minority protection and Kyrgyzstan’s relevant international obligations.

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of technical expertise from a national expert who advised on and promoted the implementation of OP-CAT standards. The Office also conducted advocacy during high-level meetings with relevant Government officials and Members of Parliament. In October 2011, the draft law and a package of amendments related to other legislative acts were adopted by the Human Rights Parliamentary Committee and considered at the plenary session of Parliament. The October Presidential elections, re-shuffling of the Government and establishment of the new Parliamentary coalition resulted in further delays in the adoption of the draft legislation. It is

© OHCHR/Central Asia anticipated that the draft will be considered at the A legal clinic set up by OHCHR and its partners in Kyrgyzstan. beginning of 2012.

u Since 2010, the OHCHR Mission to Osh has Access to justice and basic services (EA 4) advocated with central and local Kyrgyz u In order to contribute to the restoration of justice authorities to urgently address the ongoing and promotion and protection of human rights, impunity of law enforcement officials for torture five Kyrgyz human rights NGOs, namely: “Adilet,” and ill-treatment. In 2011, concrete remedial steps “KylymShamy,” “Citizens Against Corruption,” were elaborated in three orders of the General “Spravedlivost” and the “Human Rights Advocacy Prosecutor which strengthened prosecutorial Centre,” provided free legal aid to the population oversight of detainees and pressed for affected during and after the June 2010 violence investigations to hold perpetrators accountable. that erupted in southern Kyrgyzstan. The five OMO supported the process by hosting the NGOs received technical and financial support General Prosecutor’s first meeting with local from ROCA and maintained a network of lawyers human rights organizations in southern with expertise in criminal law. The lawyers Kyrgyzstan and monitored the implementation of remained on call seven days a week and the General Prosecutor’s instructions through provided immediate legal representation to regular meetings with local prosecutors. OMO individuals who were arrested. By the end of the facilitated the establishment of mechanisms to year, more than 12 legal clinics had been opened encourage regular and collaborative dialogue in several districts of the Osh and Jalal-Abad between prosecutors and the human rights regions, including in marginalized areas of the organizations to prevent torture and combat country. impunity. OMO also participated in the meetings u ROCA supported the local NGO Public as an independent observer. Association of Social Protection of the Population (“OOSZN”) in providing legal aid and Ratification (EA 2) humanitarian assistance to homeless people in u In September 2011, Kyrgyzstan signed the Jalal-Abad, Southern Kyrgyzstan, and highlighted Convention on the Rights of Persons with ways and means that local authorities could Disabilities. ROCA supported consultations that address issues related to the prevention and contributed to an understanding of the Convention reduction of homelessness. and advocated for its signature and ratification. Participation (EA 5) Justice and accountability mechanisms (EA 3) u In Kyrgyzstan, three training events were u In May 2011, a draft law was submitted by a organized by one of ROCA’s implementing group of Parliamentarians to the Kyrgyz partners, the NGO “Voice of Freedom,” on the Parliament on the National Preventive issue of access to information for human rights Mechanism, in compliance with the requirements defenders, journalists and civil society activists of the Optional Protocol to the Convention and regarding how to make inquiries to and against Torture and Other Cruel, Inhuman or obtain information from State bodies. Degrading Treatment or Punishment (OP-CAT). As a follow-up to these events, social networking ROCA substantially contributed to the elaboration platforms were used to share experiences on of the draft law through, inter alia, the provision making inquiries, receiving answers and

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interacting with State authorities in relation to State engagement with human rights access to information. mechanisms (EA 6) u In May 2011, one of ROCA’s NGO partners, “Civil u To support UPR follow-up, ROCA, the Ministry of Initiative on Internet Policy” (CIIP), developed a Justice and UNDP Kazakhstan co-organized a website dedicated to human rights in Kyrgyzstan series of roundtables across the country to raise which contains human rights-related news, awareness of the UPR recommendations. The articles and reports. The site will serve as a roundtables also provided a platform for the platform for human rights NGOs and is presentation of the Ministry’s draft national plan anticipated to be expanded to include an of action on the implementation of the interactive map of human rights violations and a recommendations. The draft plan was posted on human rights legislation database. Between May the Ministry’s website to generate feedback and and December 2011, CIIP monitored Kyrgyzstan’s recommendations on further elaboration. As a media and prepared reports on inter-ethnic result of the roundtable, the National Human relations and freedom of speech. The reports Rights Action Plan was adopted as a legally present an overview of restrictions on freedom of binding act. speech, defamation, violence against journalists, u In April 2011, Kazakhstan’s Ministry of Foreign ethnic slurs, regionalism and language-related Affairs hosted a regional conference to support issues. ROCA provided advice, guidance and follow-up to the UPR recommendations and technical assistance to this process. promote the abolition of the death penalty. u From July 2011, the NGO “Independent Human ROCA and Penal Reform International supported Rights Group” held regular meetings with a group the conference which brought together of Kyrgyz human rights defenders and lawyers. representatives of Governments, civil society These meetings created a synergy in the and academia from Kazakhstan, Kyrgyzstan and undertaking of human rights activities and Tajikistan. The participants endorsed a number provision of legal aid and served as a platform for of recommendations for all three countries, consultations and an exchange of good practices including the full abolition of the death penalty among its participants, including in relation to the and accession to the Second Optional Protocol preparation and submission of individual to the International Covenant on Civil and communications to the UN Human Rights Political Rights. Committee and special procedures. ROCA supported these consultations through assistance Human rights mainstreaming within the United and advice. Nations (EA 11) u The “Adilet” Legal Clinic monitored the u Human rights standards and principles are application of State policy during the drafting of increasingly reflected in country policies, legislation through consultations with civil society programming of individual agencies and partners and the authorities. Adilet raised specific advocacy initiatives of representatives from the human rights cases with State authorities and international community. In Kyrgyzstan, ROCA provided comments and recommendations meant chaired three working groups that were to strengthen policies on the rule of law and their established in the aftermath of the June 2010 compliance with human rights standards. Adilet violence in southern Kyrgyzstan and focused on: receives financial and technical support from the rule of law, human rights and reconciliation ROCA. and conflict prevention. u ROCA organized a regional conference in Bishkek on strategies to ensure the effective participation of ethnic minorities in public life in Challenges and lessons learned the Central Asian region. The conference was attended by the President of Kyrgyzstan, as well Following the June 2010 violence in Kyrgyzstan, as high-level Government officials, NHRIs and OHCHR aimed to ensure an immediate and effective representatives of civil society and international response to allegations of human rights violations by organizations from Kazakhstan, Kyrgyzstan and adopting a comprehensive approach to monitoring, Tajikistan. Conference participants adopted a reporting and advocating on human rights situations concluding statement with a commitment to in the humanitarian context. As a result, OHCHR strengthen the participation of ethnic minorities clearly identified priority human rights concerns, in the respective countries. including the use and practice of torture and ill-treatment by law enforcement bodies; and serious gaps in the administration of justice, including the absence of fair trial guarantees, non-independence

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Making rights a reality for the homeless

This is the story of 59-year-old Kyrgyzstan working to protect the housing, including by providing legal Mihail, who prefers not to be economic and social rights of assistance in restoring identity identified by his surname. His wife marginalized groups. documents and obtaining social and children left for Russia and lost benefits; representing those in need touch with him. After the death of Mihail is one of more than 100 before local authorities; and his parents, his sister persuaded beneficiaries of OOSZN’s new advocating for the establishment of him to sell their apartment in project which began in 2011 and homeless shelters. OOSZN also Jalal-Abad, Southern Kyrgyzstan. focuses on the right to adequate conducted a survey to assess the With the money generated from the housing of Jalal-Abad’s most living conditions of homeless sale of his home, Mihail planned to marginalized groups, in particular persons in Jalal-Abad and provided buy a smaller place so that his sister the homeless. ROCA has supported recommendations that led to could use the remaining money to the development of the project. collaborative efforts with local buy a place for herself. However, his authorities to improve the situation. sister left the country with all of the Many homeless people in Jalal-Abad money. Mihail became homeless do not have a birth certificate or “We feel very happy when we and squatted the basement of the identity documents which prevents manage to help someone in great building where he used to live. The them from: accessing social and need, like Mihail. We are even basement was essentially a concrete medical services; voting; and happier now, after the Jalal-Abad box of four windowless walls. An participating in decision-making city administration has managed to operation on his knees left him processes. Due to the limitations of allocate funds from the local and disabled and unable to work. As he the social welfare system to extend national budgets to start was not yet eligible to receive a effective support and assistance to refurbishing an old building to make pension, Mihail began to receive a the most vulnerable, OOSZN the first shelter for homeless disability benefit to cover his basic supports individuals in obtaining persons in Jalal-Abad,” said needs, thanks to the assistance he their entitlements in the areas of Kanybaev Sadyrbek, a lawyer with received from OOSZN; an NGO in health, education and adequate the project.

of the judiciary and limitations of the legal its monitoring activities by undertaking outreach profession. OHCHR devised activities to effectively work in local communities to obtain a respond to this post-emergency situation, such as comprehensive overview of all potential human tailored workshops for lawyers and civil society rights concerns. representatives monitoring and documenting torture cases and a mentoring programme between Regional Office for Central Asia international experts and national lawyers related to (Bishkek, Kyrgyz Republic): Expenditure in 2011 undertaking strategic litigation of torture cases in domestic and international proceedings. Regular budget Extrabudgetary expenditure expenditure in US$ in US$

Within this context, OHCHR also focused its efforts Personnel and 550,060 50,171 on monitoring and responding to violations of civil related costs and political rights, such as arbitrary arrests, illegal Consultants 1,968 5,440 detentions, allegations of torture and ill-treatment and other serious human rights violations that Official travel 9,572 63,692 needed an immediate response. As the national Contractual services 15,486 14,674 focus shifted to peacebuilding, it became evident General operating 46,569 29,671 that violations of economic, social and cultural rights expenses had also occurred with far-reaching consequences, Supplies & materials 10,350 7,858 including the increased vulnerability of ethnic minorities. International attention had focused on Seminars, grants & 41,553 281,932 discrimination in the context of police investigations contributions and judicial proceedings (i.e., arrests and detentions, Subtotal 675,558 453,438 unfair trials), yet missed other forms of ethnic Programme support - 58,947 discrimination (i.e., illegal seizure of businesses, land costs occupation and attacks against the property rights of GRAND TOTAL 675,558 512,385 ethnic minorities). In response, OHCHR broadened

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Regional Office for Europe protection systems which over emphasize the (Brussels, Belgium) placement of children in institutional care. ROE became fully operational in January 2010 and since Year established 2009 that time, has gradually increased its visibility as an active partner of the main EU institutions, the Staff as of 31 December 2011 3 United Nations Team (UNT) in Brussels, national Expenditure in 2011 US$1,434,938 human rights institutions (NHRIs) and other civil society organizations (CSOs) based in Brussels and Background countries across the region. While ROE’s efforts in 2010 were primarily focused on engagement with The Regional Office for Europe (ROE) is based in EU institutions, in 2011, it expanded its engagement Brussels, the seat of key institutions of the to emphasize human rights issues and priority European Union, namely the European thematic areas within EU member states and Commission, the Council of the European Union countries in the region; a focus that will be and the European Parliament. ROE follows expanded in the next biennium. developments relevant to human rights in the internal and external policies of the European Results Union, EU candidate countries and European countries which are not part of the EU (covering a National laws, policies and institutions (EA 1) total of 40 countries). It provides legal guidance u Target: EU legislation and policies on three areas and advocacy with a view to contributing to (discrimination; rule of law; migration) have increased compliance with and awareness of significantly improved their compliance with human rights standards and the recommendations international human rights standards. issued by human rights mechanisms. ROE also In 2011, the European Commission adopted the serves as a liaison office for the EU Agency for EU Framework for National Roma Integration Fundamental Rights in Vienna and the Council of Strategies to complement and reinforce the EU's Europe in Strasbourg. The main human rights issues equality legislation and policies by addressing the in the region include: discrimination against and needs of Roma in the following four priority exclusion of members of ethnic minorities, areas: equal access to employment, education, particularly the Roma; accessibility of services to housing and healthcare. Although the process of persons with disabilities and their segregation from drafting the Framework could have benefited the community; maximum standards of protection from wide consultation, its content generally for victims of trafficking in persons; violence complies with international human rights against women; access to basic social services for standards. ROE advocated with key stakeholders, migrants and detention conditions of migrants; such as the European Commission and civil administration of justice; and unsatisfactory child society, to ensure that the Framework contained key elements of a human rights-based approach to Roma integration. ROE also provided guidance to EU member states and civil society organizations in the design and implementation of their respective national strategies. The EU addressed the issue of unaccompanied children in the context of its 2010-2014 Stockholm Programme. The European Commission’s Action Plan on Unaccompanied Minors will be implemented in that timeframe. ROE organized a judicial colloquium on the © United Nations Regional Information Centre implementation of article 3 (best interests of the child) of the Convention on the Rights of Children in Europe. During the colloquium, judges from national and regional courts in Europe shared their experiences and good practices in determining the best interests of the child in specific procedures related to migrant children, including unaccompanied and separated Commemoration of Human Rights Day in Brussels organized by the children. A study prepared after the colloquium OHCHR Regional Office for Europe and its partners, December 2011. provided a review of judicial decisions from

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The High Commissioner with the President of the European Commission, February 2011.

regional and national courts and identified a on follow-up. number of relevant cases. It is expected that this In March 2011, ROE organized a follow-up study will serve as a valuable legal advocacy tool workshop on the outcomes and in guiding future relevant jurisprudence and recommendations of the UPR and other human policy throughout Europe. rights mechanisms for representatives of The EU agency FRONTEX (tasked with Governments, NHRIs and CSOs from countries in coordinating operational cooperation between EU the region that had been reviewed by the Human member states on border security) produced a Rights Council up to the sixth UPR session. The Trainer’s Manual on Anti-Trafficking Training for workshop was attended by representatives from Border Guards in 2011. The manual will be used 17 countries as well as the UNT in Brussels, the in national-level trainings of border guards. In European Union, the Council of Europe and the cooperation with other UN and regional bodies, Organization for Security and Co-operation in ROE provided legal and technical advice on the Europe (OSCE)/Office for Democratic Institutions compliance of the FRONTEX manual with and Human Rights (ODIHR). Following the existing international and regional human rights issuance of its UPR recommendations, standards. Switzerland reported that it had signed the In 2011, the European Commission proposed a Council of Europe Convention on the Protection number of legislative initiatives to ensure that all of Children from Sexual Exploitation and Sexual victims of crimes have the same rights, regardless Abuse and noted that certain adaptations needed of their nationality or where in the EU the crime to be made to its criminal law. The Czech took place. The draft directive on victims of crime Republic acted on its UPR recommendation is an important development in the harmonization regarding alternative measures to the of legislation and protection of all victims of crime. institutionalization of children by adopting a law Nevertheless, some articles need to be modified to prohibiting the placement of children under the ensure that the human rights of victims are fully age of three years in institutional care. In respected. ROE, UNHCR, UNICEF, UNODC and November 2011, under the auspices of the Czech UN Women prepared a joint set of comments Ministry of Labour and Social Affairs, ROE addressed to the European Commission on the organized a subregional workshop on the care draft directive to bring it in full compliance with for vulnerable children under the age of three international human rights standards. years. Lessons learned and good practices were exchanged among countries in the subregion. In State engagement with human rights accordance with various UPR recommendations mechanisms (EA 6) on taking measures to combat violence against u Target: Seven countries of those participating in women and gender-based violence, France, the regional Universal Periodic Review (UPR) Montenegro, Norway, Portugal and the former follow-up workshop achieved significant progress Yugoslav Republic of Macedonia signed the

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Council of Europe Convention on Preventing and Human rights mainstreaming within the United Combating Violence against Women and Nations (EA 11) Domestic Violence in 2011. The Convention will u Target: Joint submissions with the United Nations not enter into force until it has been ratified by Office in Brussels to influence EU policy and 10 countries (eight of which must be EU member legislation to fully reflect the UN’s guidelines on a states). ROE undertook a joint advocacy event human rights-based approach. with the Council of Europe to support ratification In collaboration with other agencies in the UNT of the Convention. in Brussels, ROE prepared several joint u Target: 10 out of 12 countries participating in an submissions to EU institutions in 2011. For OHCHR briefing submit reports which fully example, ROE took the lead in the joint conform to reporting guidelines, reflecting a preparation, with UNODC and UNICEF, of a participatory process. submission to the European Commission on a In October 2011, ROE organized a briefing for green paper related to the application of EU countries in the region on the common core criminal justice legislation in the field of document and the treaty-specific lists of issues detention to ensure that international human prior to reporting. Representatives of 27 rights standards are taken into account in countries from the region participated in the relevant EU actions. ROE also prepared, in event. Knowledge about reporting procedures collaboration with ILO, UNHCR, UNICEF, throughout the region was diverse. While some UNODC and UN Women, a commentary and countries have adopted them, others have only guide on the application of a human examined the possibility of doing so. ROE will rights-based approach to the transposition into continue to monitor the reporting status of national legislation of the EU Anti-Trafficking participating countries. Directive. u Target: Very high proportion of consultations with the EU and visits by the special procedures Challenges and lessons learned to countries in the region secured within 12 months of request. The Regional Office organized a range of The global economic crisis continues to have an meetings and briefings in Brussels with key adverse impact on the social situation and policies stakeholders from the EU (i.e., European of a number of EU member states, particularly External Action Service, European Parliament those in Eastern and Southern Europe. Austerity Sub-Committee on Human Rights, various measures resulting in cuts to social services are Directorates General of the European having an impact on access to services by the Commission, representatives of member states most vulnerable, including migrants, ethnic in Brussels), civil society and members of the minorities, children, persons with disabilities, UNT in Brussels for the respective visits of the refugees and asylum-seekers, as well as across Special Rapporteur on the human rights societies as a whole. These measures are also situation in Iran, the Special Rapporteur on causing setbacks in development as evidenced by freedom of religion or belief and the cuts to community-based, person-centred services, Independent Expert on Haiti. In the fall of while large institutions remain unaffected. Within 2010, ROE initiated the process of a visit to this context, challenges faced by ROE include Brussels by the Special Rapporteur on violence finding ways to ensure that funding cuts do not against women. The visit took place in June come at the expense of the protection of human 2011 and consisted of: a regional consultation rights. ROE is continuing to prioritize advocacy with key civil society stakeholders on the issue; against the institutionalization of older persons, meetings with the Council of Europe’s children deprived of parental care and persons Committee on Equal Opportunities for Women with disabilities (particularly those with intellectual and Men; interventions at the European and mental disabilities), in favour of Parliament Committee for Women’s Rights and community-based care in accordance with a Gender Equality (FEMM) and the European human rights-based approach. In June 2011, ROE Union’s Working Group on Africa; and launched a report entitled “Forgotten Europeans, meetings with the Head of Cabinet, Forgotten Rights,” which compiles international Vice-President of the European Commission and regional standards related to the human rights and Commissioner for Justice, Fundamental of persons who have been placed in institutions Rights and Citizenship and the Chair of the andlaunchedajointcalltoaction(withUNICEF) European Parliament Subcommittee on Human to stop the institutional placement of children Rights. under the age of three years. ROE has organized a

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series of initiatives to address this issue. As a religion or belief undertook a mission in follow-up to the launch, ROE organized a September. The Republic of Moldova was also workshop in Prague, Czech Republic in November reviewed by the Committee on the Elimination of 2011 to provide a forum of exchange between 17 Racial Discrimination (CERD) and the Committee countries in Central and Eastern Europe on the on Economic, Social and Cultural Rights (CESCR). development of family-based care for children Following these engagements, a number of areas under the age of three years. Similar events are of reform were further clarified. The Government planned for 2012 regarding the use of European acted on a number of recommendations issued by Union Structural Funds for the independent living international human rights mechanisms resulting of persons with disabilities and the rights of older in: the first official recognition of a Muslim persons. community; an initiation of discussions on amendments to the regulatory regime for religious Regional Office for Europe communities; a review of the Law on HIV/AIDS; (Brussels, Belgium): Expenditure in 2011 and steps taken towards an improved Action Plan Regular budget Extrabudgetary related to Roma. The National Human Rights expenditure expenditure Action Plan was approved in the first half of the in US$ in US$ year and the comprehensive Justice Reform Personnel and related 759,483 - Strategy was approved by Parliament in costs December. The Government also adopted a data Consultants - 35,692 protection law in 2011. Official travel 7,318 85,852 Contractual services - 53,340 Despite the progress achieved in the areas of law General operating 119,228 41,753 and governance, concerns remain regarding expenses diverse human rights and social inclusion issues, Supplies & materials 4,896 8,373 such as the treatment of persons in detention; the Seminars, grants & 49,470 212,639 rights of patients; the social inclusion of persons contributions with disabilities; protection against discrimination Subtotal 940,395 437,649 for a range of persons and groups including Programme support costs - 56,894 lesbian, gay, bisexual and transgender (LGBT) GRAND TOTAL 940,395 494,543 persons and groups, persons with stigmatized diseases such as HIV/AIDS, religious and linguistic minorities, and Roma; freedom of religion, conscience and belief; and the accuracy and Human Rights Advisers to UN Country adequacy of data and other information in key Teams sectoral fields related to social inclusion. In addition, a number of reform initiatives were not yet completed. In February, the Government Republic of Moldova submitted a draft law on anti-discrimination to Parliament for the second time but withdrew the Year established 2008 bill following mobilized conservative opposition. Other draft amended laws that are in progress Staff as of 31 December 2011 1 focus on the social inclusion of persons with disabilities, HIV/AIDS and tuberculosis. Background Amendments to the Criminal Procedure Code are also pending and revisions to the Law on Equal The Republic of Moldova remained in a political Opportunities between Men and Women have stalemate during 2011. Efforts to elect a president, apparently stalled. In Transnistria, very serious ongoing since 2009, were unsuccessful. Renewed human rights concerns remain, but following parliamentary elections are a distinct possibility for peaceful elections, the year ended with its first 2012. ever change in leadership.

During 2011, the Republic of Moldova was During this period, the Human Rights Adviser reviewed for the first time under the Universal (HRA), in cooperation with the UN Resident Periodic Review (UPR). The High Commissioner Coordinator, has played a crucial role in human for Human Rights visited the country for the first rights reform in the Republic of Moldova. UN time and the Special Rapporteur on freedom of agencies worked to coordinate with the Resident

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Coordinator to provide expert inputs for the shaping of draft laws, regulations and policies, and respond to emerging key human rights issues. In recognition of the expertise provided by OHCHR, the HRA has actively participated in © OHCHR/Moldova processes such as the biennial EU-Moldova human rights expert meeting and dialogues. The HRA has increasingly been seen as a key expert adviser by Government, civil society organizations (CSOs), the national human rights institution (NHRI) and the international community working on human rights in the Republic of Moldova.

Results

National laws, policies and institutions (EA 1) u The National Human Rights Action Plan was successfully adopted in June 2011. Both the Government and civil society organizations were supported in the development of the The High Commissioner visits a psychiatric institution in the Republic of Moldova, November 2011. Plan. u In February, the Government submitted a draft law on anti-discrimination to Parliament for the psychiatric institutions, resulting in an second time, but withdrew it due to the agreement to establish an independent opposition it faced. The Human Rights Adviser institutional complaint review mechanism; an advocated for its approval; supported CSOs in Ombudsman in psychiatric institutions. The their advocacy efforts; assisted the United idea was proposed and developed by the Nations Country Team (UNCT) in providing Human Rights Adviser. commentsondrafts;andengagedwitha number of international human rights Access to justice and basic services (EA 4) mechanisms to advocate for its adoption. The u Efforts initiated by OHCHR resulted in the first draft law has also become a key condition for legal recognition of a Muslim community in the visa liberalization with the European Union. Republic of Moldova. The Human Rights u The new Data Protection Law was adopted in Adviser ultimately succeeded in assisting the 2011, improving Moldova’s compliance with Government in overcoming opposition to international standards in this area. The Law registration of the community, including by will enter into force in April 2012. Further identifying discriminatory processes used by attention will be needed to ensure that its authorities to register Muslim communities. practical application extends to key fields Other support was gained through extensive involving sensitive personal data. The HRA work undertaken by the UN Regional supported the Resident Coordinator’s Office to Coordinator’s Office and information generated comment on the draft, focusing on key aspects by the UN-Moldova Human Rights Dialogue, of discrimination, in particular in relation to the CERD Committee and the Special persons with HIV/AIDS. Rapporteur on freedom of religion or belief. u Following extensive efforts undertaken by the Human Rights Adviser and the UNCT, a draft State engagement with human rights law on the Social Inclusion of Persons with mechanisms (EA 6) Disabilities was sent to Parliament in u Throughout 2011, different degrees of progress December. The draft includes core elements of were achieved regarding the implementation of the Convention on the Rights of Persons with the nine recommendations issued by the UN Disabilities (CRPD), including equal legal Human Rights Committee, the Committee capacities for persons with disabilities and against Torture, the Special Rapporteur on reasonable accommodation for persons with torture and the Special Rapporteur on violence disabilities. against women. For example, despite the u The HRA supported the Ministry of Health and recommendation to reduce the maximum the Government in efforts to improve the period a person can be detained before being protection of the rights of persons in brought before a judge to 48 hours, the

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Criminal Procedure Code provides a limit of 72 the use of Braille on UN business cards. In hours. The draft law on criminal procedure which addition, UNDP and UN Women worked closely is currently pending in Parliament, proposes that with OHCHR on the integration of human this time limit be maintained. In the area of rights-based approaches to decentralization, local violence against women, progress has been governance and community empowerment. As a achieved since 2009 in improving the response to result, unique models were piloted with the domestic violence. Protection orders have been guidance of the Human Rights Adviser on issued to victims by certain courts under the 2008 strengthening the participation of women from Law on Domestic Violence. In addition, extremely vulnerable communities. amendments were made to a number of laws in September 2010 to heighten the efficacy of the Challenges and lessons learned legal framework for combating domestic violence and other forms of violence against women, In 2011, major successes arose from OHCHR-led including by criminalizing domestic violence. human rights work in the Republic of Moldova. Nevertheless, effective protection to victims These included legal reforms to better anchor remains unavailable, particularly in rural areas. human rights in the domestic system (in areas such Moldova’s National Preventive Mechanism (NPM) as data protection), the adoption of key policy also remains weak and its work is largely invisible to the public. During 2011, several new members were added to the consultative council of the NPM, but the appropriateness of the appointments Ms. Natalia Mozer is the wife of Mr. Vladimir Mozer, head of the Lutheran Community in the Republic of is in question. The body is currently dominated by Moldova, and mother of Mr. Boris Mozer, who former security and penitentiary officials and lacks previously worked doing international marketing at the individuals who are competent in psychological company Sheriff, one of the major oligarco-security and medical documentation. business structures in the separatist region of u The Republic of Moldova prepared its UPR Transnistria. In October 2008, Boris Mozer was report in compliance with the reporting arrested by Transnistrian authorities and arbitrarily guidelines. The report was reviewed by the detained for over a year and a half and, during that Human Rights Council on 12 October 2011. Civil time, severely abused by security services. Mr. Moser society and NHRI representatives were trained in appears to have become attractive to the Transnistrian UPR modalities and assisted in the provision of authorities because of his international contacts. inputs during various stages of the UPR process. Mr. Moser is severely asthmatic. Security forces The HRA also supported study visits to Geneva, repeatedly put him under heavy stress and refused to provided comments and inputs into the give him access to his medicine. As a result of this, Government report, travelled with the and other methods of ill-treatment, such as threats to Government delegation to Geneva and assisted himself and his relatives (which included a mock execution and threats of a “real one” if he failed to with the lead up to the Working Group review. comply), he signed a “confession” in relation to Following the October 2011 review, the HRA various financial crimes. Due to the stress, his health has worked closely with the Government and condition worsened and he suffered several asthma civil society to begin preparations for the attacks. He was kept in unhealthy conditions of implementation of the UPR recommendations. detention, including high humidity, lack of access to natural light and lack of ventilation, overcrowding Human rights mainstreaming within the United (being held in a 15 square metre cell with 12 other Nations (EA 11) persons), and heavy smoking in the cell which u Human rights, in particular non-discrimination contributed to additional asthma attacks. The and economic, social and cultural rights, were combination of the threats, prolonged detention and degrading treatment that rose to the level of torture mainstreamed into the new UN-Moldova led Mr.Mozer and his family to turn over several tens Partnership Framework 2013-2017, with a number of thousands of dollars worth of possessions to the of indicators referring to international Transnistrian authorities. commitments. The UNCT and key partners developed a new Roma Inclusion Action Plan, OHCHR worked closely with Natalia Mozer and ultimately contributed to securing Boris Mozer’s focusing on key anti-discrimination and social release from detention at the beginning of July 2010. rights issues, which was adopted in June. A OHCHR subsequently assisted Ms. Mozer in “Diversity Initiative” was also endorsed and establishing a Chisinau-based support group for individual agencies began to demonstrate a mothers of detainees in Transnistria and assisted Boris commitment to diversity, as seen in the inclusion in seeking asylum abroad. of a text on diversity in job announcements and

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Students of the Human Rights Masters Programme during a visit to OHCHR headquarters. instruments (including the National Human Rights Russian Federation Action Plan and a Roma inclusion action plan), and majorstepsforwardintacklinglong-term Year established 2008 (formal establishment/arrival of discrimination issues as evidenced by, for instance, Human Rights Adviser). Preparatory the first official recognition of a Muslim community. presence of national staff; adoption of cooperation framework in August Far more importantly, public debates were held on 2007. key issues such as respect for equal dignity in a diverse society. Staff as of 31 3 December 2011 There were also challenges faced, including resistance from conservative sectors regarding the adoption of a comprehensive anti-discrimination Background law and the Government’s opposition to the Human Rights Council’s recommendation on Despite many positive steps and measures undertaken combating discrimination and violence on LGBT by national and local stakeholders in Russia in 2011, grounds. Numerous domestic groups also opposed human rights challenges prevailed in the areas of civil equal rights for LGBT persons, religious and and political freedoms and economic, social and linguistic minorities and Roma. In practice, a cultural rights. Existing democracy deficits were number of issues remained of serious concern, in further aggravated by limitations resulting from the particular related to the police, border authorities regional elections of governors and continuing and treatment in psychiatric care. restrictions on the freedoms of assembly and expression. Yet some of these challenges also Nevertheless, OHCHR demonstrated in 2011 that presented opportunities for public and engagement with and support for the human rights non-governmental human rights defenders, civil community, across a broad range of partners society and academic circles to suggest, initiate or including the UNCT, Government, CSOs, the NHRI bring about structural change to improve the overall and the international community, can pay off human rights situation in the country. Rule of law positively in terms of genuine progress. In addition, concerns, including accountability and protection of OHCHR played a catalytic role in disseminating the rights for all citizens, are real challenges that must information on a human rights culture among broad be addressed through an holistic approach with a segments of the general public. strong human rights focus.

OHCHR has engaged with the Russian Federation on a number of human rights issues through a “Framework for Cooperation” which emphasizes issues such as: the rule of law; equality and

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tolerance; and education and information on human acquired practical knowledge on the use of rights. Considering that many of OHCHR’s concerns international and national protection mechanisms are shared by a large number of national actors, specifically dealing with the rights of indigenous OHCHR’s main priority is to ensure it maintains peoples. Complementary outreach activities coherence and sustainability in its work through included visits to and briefings by Government better articulation of human rights dimensions. It institutions, the United Nations Country Team also works to strengthen complementarities and (UNCT) and civil society organizations (CSOs). After facilitate coordination with various UN agencies, completion of the programme, the Fellows had the Government institutions and civil society. In this capacity to apply their acquired knowledge in context, OHCHR will continue to provide advice and practical activities for the protection of the rights of specific expertise with a particular view to their communities. OHCHR provided overall promoting international human rights mechanisms support to the fellowship programme. and the integration of international human rights standards into selected areas of OHCHR-Russia’s Human rights mainstreaming within the United technical cooperation initiatives. Nations (EA 11) u The Human Rights Adviser continued to provide In February 2011, the High Commissioner conducted ad-hoc guidance, briefings and background her first official mission to the Russian Federation information on particular rights, groups of rights and raised human rights issues with high-level and international human rights mechanisms to representatives of the Government and OHCHR individual UN agencies. In addition, OHCHR partners. Moscow continued to play a leading role in supporting UN activities focusing on the Results promotion and protection of human rights. This included the organization of joint awareness National laws, policies and institutions (EA 1) raising events, such as “16 Days to Counter u Following regular working consultations between Violence against Women in the Russian the Supreme Court Judicial Department and Federation,” in collaboration with the Union of OHCHR, a joint Plan of Action was signed in Journalists of Russia and a UN-focused day February on the promotion of international centred around the XVII International Human human rights law among the Russian judicial Rights Film Festival entitled “Stalker,” devoted to community. A working group was established to the celebration of Human Rights Day. elaborate mechanisms for creating a human rights network and the posting of UN/international Challenges and lessons learned documents on the judicial portal. u Following the establishment of the Human Rights In accordance with the “Framework for Cooperation” Masters Programme in 2010, there was enhanced with the Russian Government, one of the priorities for coordination between international partners and the OHCHR presence in Moscow is human rights Russian universities to facilitate further education. In this regard, a joint Human Rights development of the Programme. This was Masters Programme was launched in 2009 with three achieved, inter alia, by securing access to good leading Russian universities. To reach a wider public practices and expertise and enhancing that includes students as well as practitioners, the inter-university cooperation and commitments to Consortium of these universities cooperated with promote high-quality human rights education. OHCHR to organize the First Moscow Summer School OHCHR’s support enabled project partners to on Human Rights. The Summer School sought to raise encourage the mobility of European lecturers to awareness on human rights issues and facilitated Russia and provide students with broader access to practical discussions on their implementation, the richness and variety of human rights courses bringing together graduate and doctorate students, and expertise offered by European universities. practitioners and professors from different countries. The Summer School was attended by approximately Participation (EA 5) 40 participants from Azerbaijan, Belarus, Brazil, China, u As in the previous year, eight Fellows from diverse Ireland, Kazakhstan, Kyrgyzstan, Portugal, Republic of indigenous communities formed part of the Korea, Russia, Spain, Tajikistan and Ukraine. The Moscow component of the OHCHR Indigenous Moscow Summer School on Human Rights is Fellowship Programme, in cooperation with the expected to be an annual event which will contribute Peoples’ Friendship University and the Russian to raising awareness on human rights issues and Association of Indigenous Peoples RAIPON. The strengthen Russian civil society. Fellows were introduced to the UN system and

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Serbia UN human rights mechanisms on the ground. The Adviser’s strategies include mainstreaming of human Year established Office in 1996 and rights in the work of the United Nations Country Human Rights Adviser Team (UNCT), advising the Human Rights in 2007 Directorate on issues relevant to monitoring and Staff as of 31 December 2011 2 implementation of human rights treaties and ensuring adequate and strategic support of the UNCT to the Serbian Ombudsman. The Human Background Rights Adviser also works closely with regional organizations in support of human rights defenders Serbia has done a great deal in the recent past to and activities aimed at improving the human rights establish a normative and institutional framework for culture in the country. human rights protection. In 2010, Serbian Ombudsman was awarded “A” status accreditation Results by the International Coordination Committee of National Human Rights Institutions. The Serbian National laws, policies and institutions (EA 1) Ombudsman plays an increasingly important role in u Target: Increased compliance of policies with human rights protection and raising awareness international human rights standards in two regarding pressing human rights issues in country. In areas: economic, social and cultural rights and 2011, the Ombudsman was appointed as the human rights defenders. National Preventive Mechanism (NPM) against There is no comprehensive national policy on torture. The NPM will also operate in the Vojvodina human rights defenders although it is recognized Province in cooperation with the local Ombudsman that their work is crucial for the advancement of and civil society organizations (CSOs). Despite the human rights in the country. In November, the efforts undertaken for the adoption of the Roma Human Rights Adviser worked in partnership Inclusion Strategy and Action Plan, the Roma with the Organization for Security and community in Serbia continues to suffer in Co-operation in Europe (OSCE) Mission in Serbia conditions of extreme poverty. This national minority and the Lawyers Committee for Human Rights continues to struggle with a broad range of (YUCOM), and under the auspices of the Human challenges, including high unemployment and Rights Directorate of the Government of Serbia, school dropout rates, widespread discrimination and to organize a conference entitled “Towards the forced evictions from informal settlements. Judicial National Policy on Human Rights Defenders.” reform that began in late 2009 was implemented The aim of the conference was to analyse and during 2010 with some results seen in 2011, propose solutions for the protection and primarily related to the reduction of the court case financing of human rights defenders. Government backlog. Concerns remain, however, with regard to delegates and representatives of national the implementation by courts of ratified international institutions expressed their commitment to human rights treaties. continue working on the development of a policy. The conference is the culmination of three An important result was achieved with the adoption years of collaboration between the Human Rights of the Social Welfare Law under which the Adviser, OSCE and YUCOM. Some progress was institutional placement of children under the age of also achieved in the promotion of the work of three years is prohibited. The deinstitutionalization human rights defenders. For instance, in process for adults is developing very slowly. Human December, the City of Belgrade provided the rights defenders continue to work under difficult premises for the “Human Rights House” which conditions in Serbia as they are often exposed to will host five human rights organizations. This threats and violence. Negative perceptions stemming important achievement was the result of from past negative stereotyping campaigns persist awareness-raising conducted over previous years, and continue to impact on human rights defenders. the common advocacy strategy implemented by Very little has been done to address this problem. human rights defenders and assistance provided Funding for the work of human rights defenders in by the Human Rights Adviser and the OSCE Serbia has decreased. Human rights defenders have Mission in Serbia. In addition, a Solidarity indicated that while State protection is improving, it Network and Mechanism, developed with the is not yet at an adequate level. assistance of the Human Rights Adviser and OSCE, was established in 2011. This network The Human Rights Adviser in Serbia plays an provides human rights defenders with legal important role in ensuring the impact of the work of assistance. It is recognized by the EU delegation

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in Serbia, which designed its Human Rights Access to justice and basic services (EA 4) Defenders Strategy for Serbia based on the u Result achieved for which no target was set: As a Structure of the Solidarity Network. It should be result of the joint efforts of the Ministry for noted that the EU Strategy in Serbia was designed Human and Minority Rights and the Ombudsman, and launched in line with the advice provided by with substantive support from the Human Rights the Human Rights Adviser. Adviser, the Law on ID Cards was changed and Regarding economic, social and cultural rights, temporary ID cards were introduced for people when carrying out relocations of Roma without a temporary residence address or for settlements, the Government is increasingly those for have a temporary administrative following international standards on the right to address. In addition, the Law on Residence was adequate housing and on forced evictions. UN changed to introduce the obligation for municipal Guiding Principles on Development-Based social welfare centres to provide an Evictions are increasingly being put into practice, administrative address to persons whose such as in the case of the relocation of a Roma residence cannot be established. This partially settlement in Belgrade (Block 72), during which resolved the issue of access to personal the community was consulted, planning for documents for persons living in informal alternative housing solutions was envisaged and settlements. Although this was not part of the the participation of CSOs was promoted. This initial plan for 2011, the Human Rights Adviser represents a clear change from the practices considered it appropriate to work on this issue observed during forced evictions in 2009. It is following a request for support from the Resident also a direct result of OHCHR's multi-year Coordinator and the Deputy Ombudsman on engagement through: awareness-raising; Minorities for the development of a proposal to advocacy with local and national institutions for resolve the issue in compliance with international full implementation of the International Covenant human rights standards. on Economic, Social and Cultural Rights (ICESCR); educational workshops with national State engagement with human rights and local level public administration staff; and mechanisms (EA 6) strategic support to, and capacity-building for, the u Target: Six out of 10 (60 per cent) priority Ombudsman's Office. Another visible result of outstanding recommendations from treaty bodies the Adviser’s advocacy initiatives related to the (Committee against Torture (CAT) and the advancement of economic, social and cultural Human Rights Committee (HRC)), special rights in Serbia is the situation of the container procedures (Special Representative of the Roma settlements in Belgrade. The settlements Secretary-General on the situation of human were established after the relocation of the rights defenders (SRSG)) and the Universal Gazela slum in 2009 and are in good condition Periodic Review (UPR) substantially implemented. with no overcrowding. A total of seven outstanding recommendations u Target: The national human rights institution were substantially or completely implemented (NHRI) has worked in conformity with during 2011, including: two issued from the UPR international standards to a partial extent in the on enhancing the effectiveness of the Office of area of human rights protection. the Ombudsman and strengthening the national In late 2011, the Serbian Parliament adopted mechanisms for the implementation of decisions relevant legislative changes and appointed the of the treaty bodies; two issued by treaty bodies Ombudsman as the National Preventive on the establishment of a NPM for Serbia and the Mechanism, in line with the Optional Protocol creation of a mechanism to address individual to the Convention against Torture and Other complaints; and three issued by the SRSG on Cruel, Inhuman or Degrading Treatment or human rights defenders on the increased Punishment (OP-CAT). OHCHR intensively involvement and consultation of civil society, advocated for the appointment of the NPM in improved coordination for human rights Serbia and worked with the Ombudsman to defenders protection, and increased involvement ensure the developed NPM model fully of the international community in the protection complies with international standards. OHCHR of defenders. As an example, OHCHR supported also worked closely with the Ombudsman's the Office of the Ombudsman to effectively Office to strengthen the institution and its ability monitor implementation of international human to provide effective human rights protection. rights standards with a specific focus on the With OHCHR support, the Ombudsman has Roma population and the establishment of the established a system for effective monitoring and Ombudsman's Programme for monitoring the reporting on Roma rights. enjoyment of rights by Roma people. In another

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example, the Human Rights Directorate, which Parliamentary Rules of Procedure introduced the includes experts from civil society and provides regulation of adopting the Ombudsman’s Annual advice and opinions from the Human Rights Report jointly with reports of various Government Adviser and the OSCE Mission in Serbia, bodies whose true independence was never completed the analysis and created the “Model guaranteed. A wide margin of discretion was for Implementation of the UN Treaty Body therefore left to the ruling coalition to decide on the Decisions in Individual Cases.” The Model acceptability of the Ombudsman’s Annual Report, presents the recommended steps and procedures thus bringing the independence of the institution for State implementation of the decisions. into serious jeopardy. The amendment of the Following the appointment of the Ombudsman as Parliamentary Rules of Procedure in early 2011 was the National Preventive Mechanism, OHCHR made possible due to the strong, focused and supported the Ombudsman on issues related to well-substantiated advocacy of international actors torture prevention and specifically on and local civil society organizations, and supported implementation of the OP-CAT. by the expert opinion of OHCHR. These efforts were u Target: 80 per cent of submitted reports (common also fundamental to bringing back the guarantees of core document and reports under CAT, the independence along with the recognition of the Convention on the Elimination of All Forms of unique nature of the NHRI among other national Discrimination against Women (CEDAW), the institutions. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Convention on the Rights of Persons with In November 2011, 33 Roma families living in the Disabilities (CRPD)) in conformity with reporting informal Roma settlement (Block 72) in New Belgrade received eviction notices informing them that they guidelines. were obliged to remove their shelters from State With the support of the Human Rights Adviser property. The eviction notices included information and OSCE, the Human Rights Ministry developed about available legal remedies but also stated that an a procedure for the drafting of State Party reports appeal would not postpone the execution of the that is consistently followed. The Serbian decision. In the days following the receipt of eviction Government established an interministerial notices, non-governmental organizations (NGOs) working group tasked with drafting the initial communicated closely with the Serbian Ombudsman State Party report to the CRPD. Civil society who immediately initiated processes against public representatives were invited to fully participate in administration institutions involved in the process. the process which was conducted based on UN Based on the Ombudsman’s fast and focused reaction, the Human Rights Directorate in the Ministry of guidance and advice. The State Party report on Human Rights, the State Administration and Local the implementation of CEDAW was drafted Self-Governance organized a working group consisting following a transparent process with the of the representatives of State institutions and the participation of CSOs. In 2010, Serbia fulfilled its NGO Praxis. The working group concentrated on the reporting obligations under the following UN implementation of the Special Rapporteur on treaty bodies: CAT, the first and second Optional housing’s “Guiding Principles on Development-Based Protocols to the Convention on the Rights of the Evictions” in relation to the relocation of the Block 72 Child, ICERD and the International Covenant on informal settlement. During November 2011, the Civil and Political Rights. Human Rights Directorate organized the first consultations with the affected community and requested the support of the Human Rights Adviser on Challenges and lessons learned the methodology for these consultations. All relevant institutions represented in the working group were A strong and credible national human rights introduced to the “Guiding Principles on institution (NHRI) can play a crucial role in Development-Based Evictions” and General advancing human rights in a country. The steps Comments No. 4 and No. 7 of the Committee on taken by the Ombudsman in Serbia led to the Economic, Social and Cultural Rights. In the second establishment of new standards in human rights half of December, the working group, led by the protection in the country, as seen in its work on the Human Rights Directorate, successfully advocated for case of forced evictions of Roma from informal a decision to postpone the relocation of the informal settlements. The effectiveness of the Ombudsman, settlement until the spring of 2012 at the earliest. This development presents a huge step forward in however, should be secured and any attempt to limit terms of the enjoyment of the right to adequate its role prevented. Often, the unique nature of the housing of Roma in Serbia and contrasts with previous Ombudsman is interpreted as being similar to the relocation practices which did not include community role of different Government’s councils and consultations or ensure a transparent process. commissions. In the summer of 2010, the

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South Caucasus (based in Tbilisi, during the first cycle of the Universal Periodic covering Georgia, Azerbaijan and Review (UPR) and enhanced the use of international Armenia) human rights mechanisms by all relevant actors. The Human Rights Adviser also assisted NHRIs and CSOs Year established 2007 in analysing public policies from a human rights perspective and promoting and protecting human Staff as of 31 December 2011 4 rights in the subregion. Additionally, the Human Rights Adviser cooperated with other UN agencies, Background bilateral and multilateral international actors, donors and regional intergovernmental organizations on The legacy of armed conflicts in the three countries issues related to human rights and the rule of law to of the South Caucasus has had dramatic effects on ensure that they remain high on the agenda of the the lives of people in this subregion. Conflicts began international community. in the aftermath of the break up of the Soviet Union and took place between Russia and Georgia in Results August 2008. These conflicts resulted in significant population displacements and left the people and National laws, policies and institutions (EA 1) the Governments of the region with an enduring u As a result of the OHCHR learning needs feeling of insecurity. Fundamental freedoms, assessment conducted in cooperation with the especially freedoms of assembly and expression, Georgian Bar Association (GBA), progress has continue to be threatened and significant challenges been made in preparing for the development of remain in relation to the right to a fair trial and the its human rights curricula. The outcomes of the functioning of the justice sector as a whole. People assessment will be used to: adapt OHCHR’s deprived of liberty are frequently subjected to technical assistance to the GBA for ill-treatment. Other challenges include ensuring capacity-building activities during 2012-2013; enjoyment of the rights of persons with disabilities, develop a human rights component in the the right to adequate housing and respect for curricula of the continuous education of lawyers; property rights. and develop recommendations for other UN agencies on providing possible technical In addition to providing advisory services to the assistance to the GBA. three United Nations Country Teams (UNCTs), u As a result of workshops organized by OHCHR, Governments, national human rights institutions close to 180 defence lawyers from various parts (NHRIs) and civil society organizations (CSOs), the of Georgia have been introduced to international Human Rights Adviser (HRA) undertook training human rights protection mechanisms and the activities for lawyers and journalists in international application of international human rights human rights standards in 2011. The trainings aimed standards in domestic courts. Nine events held in at increasing the institutional capacity of bar cooperation with the GBA focused on clarifying associations, supported the implementation of theoretical and practical aspects of various rights, recommendations accepted by the three countries including the right to liberty and to a fair trial, and issues related to juvenile justice, labour rights and freedom of expression. OHCHR intends to commission a study in 2012 to determine the extent to which use of international human rights law has increased in the Georgian courts.

State engagement with human rights

© OHCHR/South Caucasus mechanisms (EA 6) u A first draft of Armenia’s interim report on the implementation of UPR recommendations was developed following two workshops organized by the Ministry of Foreign Affairs of Armenia, OHCHR and UNDP. The Human Rights Adviser engaged with the Working Group on UPR implementation, comprised of representatives of the Armenian Government, NHRIs and Participants of a media roundtable in Batumi, Georgia, non-governmental organizations (NGOs). The December 2011. Working Group is playing a catalytic role in this

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process and assisting the Armenian Government and include the Government, civil society and the and civil society to enhance their engagement international community, including UNCTs. Work with UN human rights mechanisms and bodies. related to the rule of law and justice sector reform, in particular, should continue to be a priority; Responsiveness of the international community recognizing that changes in this sector do not occur (EA 10) overnight. During times of economic crisis, the u The Georgian media is gradually increasing its priorities of countries and populations may shift focus on human rights issues due in part to away from the human rights field. The challenge is regular trainings and roundtable discussions on therefore to advise them on approaches that place human rights issues organized by OHCHR human rights at the centre of solutions for economic throughout the country. In 2011, six workshops, problems. roundtable discussions and information sessions were organized by the HRA to increase In the South Caucasus, protracted conflicts continue awareness among leading media representatives to be one of the greatest obstacles to the full of international human rights standards and enjoyment of human rights by all. The High Georgia’s relevant obligations. Among other Commissioner’s public statements on these situations topics, the events helped to clarify issues related during 2011 provided a solid foundation and to freedom of expression and access to impetus for further dialogue with the countries of information, property and labour rights, rights to the region regarding the key role that respect for freedom of peaceful assembly and of association, human rights and international human rights and the rights of persons with disabilities. As a standards could play in addressing these conflict result of these activities, the Georgian media has situations. demonstrably increased its reporting on human rights-related issues, as documented by the media monitoring study commissioned by UNDP in Tajikistan 2011. Year established 2010 Human rights mainstreaming within the United Staff as of 31 December 2011 1 Nations (EA 11) u Human rights are incorporated into all main programmes of UN agencies operating in Georgia Background and are well reflected in the United Nations Development Assistance Framework (UNDAF). The poverty rate in Tajikistan decreased from 72 per OHCHR participated in all working groups cent in 2003 to 47 per cent in 2009 and extreme operating under the UNDAF implementation poverty declined from 42 per cent to 17 per cent in format and chaired the UN Human Rights the same period. Unemployment rates, however, Coordination Group. In Azerbaijan, OHCHR remain high, especially among youth. Young people participated in the work of the Gender Theme under 18 years of age constitute approximately 42 Group, the Communications Group, the Internally per cent of the total population. Insufficient Displaced Persons (IDPs) Livelihood Working economic opportunities have forced many to seek Group and various UNDAF coordination employment abroad. The country is heavily meetings. Inputs were provided to these groups dependent on the remittances of migrant workers. for the development of their annual workplans, According to the World Bank, Tajikistan tops the list with a special focus on the development of a of 10 countries with the highest percentage of UPR follow-up matrix to be implemented within remittances in their Gross Domestic Product (GDP). the framework of the UN Task Force on Human In Tajikistan, these remittances were equivalent to 42 Rights led by UNICEF. per cent of its GDP in 2010.5 Many households depend on support sent by relatives living abroad to cover their daily subsistence needs, leaving some Challenges and lessons learned population groups in a vulnerable situation, including the elderly, children, disabled persons and The UPR process continues to be a sound departure single-headed families. As the majority of the point for OHCHR’s engagement with local population lives in rural areas, successful land Governments. For the process to be effective, reform initiatives are of vital importance to ensure however, it needs to be credible and cooperative sustainable development. Tajikistan has ratified

5 http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ECAEXT/TAJIKISTANEXTN/0,,contentMDK:20630697~menuPK:287255~p agePK:141137~piPK:141127~theSitePK:258744,00.html

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Tajik women discussing domestic violence problems. seven of the international human rights treaties and Results has recently submitted all overdue reports on their implementation. Tajikistan’s legislation and practice National laws, policies and institutions (EA 1) still lag behind its human rights obligations. u The UN Joint Programme to strengthen the capacities of the national human rights institution Tajikistan presented its Universal Periodic Review (NHRI) was launched by the UN Resident (UPR) report in October 2011 and the outcome Coordinator. Nine UN agencies contributed to the report will be adopted in March 2012 during the last programme and carried out activities relevant to round of the UPR. The Human Rights Adviser their mandates aimed at developing the capacities coordinated the contributions from UN agencies and of the national institution in their areas of compiled the joint United Nations Country Team expertise. The Human Rights Adviser facilitated (UNCT) UPR report. She also provided technical the Steering Committee’s work related to assistance to the Government Working Group implementation. The Adviser also cooperated entrusted with drafting the national UPR report and with the Ombudsman institution to strengthen its engaged in the dialogue between the Government capacities, for example by organizing a seminar and civil society on the UPR process. Another area on effective interview methodologies that can be of focus of the Adviser’s work was the coordination used when working with victims of torture or of the UN joint programme, in which eight UN other serious human rights violations and agencies are taking part, aimed at strengthening the providing assistance in preparing the institution’s capacities of the Ombudsman. The Human Rights application for accreditation. The Human Rights Adviser also: promoted the ratification of the Adviser provided comments to and proposals for Optional Protocol to the Convention against Torture the institution’s first five-year Strategic Plan. In a and Other Cruel, Inhuman or Degrading Treatment positive outcome of the extensive joint work or Punishment (OP-CAT); participated in a series of undertaken on the promotion of the OP-CAT and seminars for law enforcement bodies and the international standards to combat torture, the prosecutors on the Optional Protocol to the Ombudsman issued a public statement in relation Convention on the Elimination of All Forms of to a recent case of torture and appealed to Discrimination against Women (OP-CEDAW); authorities to undertake an immediate participated in meetings and conferences held with investigation. The Ombudsman institution has UN Women; and advocated for the ratification of the also taken some encouraging steps to strengthen Convention of the Rights of Persons with Disabilities its role by introducing changes to the legislative (CRPD) through publications and other activities. basis for the implementation of its mandate. In

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one example, legislation was adopted obliging all complaints and for the preparation of two State bodies to respond to its inquiries. Changes shadow reports for CEDAW with the support of to the Criminal Procedure Code were introduced the Human Rights Adviser. to recognize the competence of the Ombudsman to visit closed institutions and the first of these Challenges and lessons learned visits were carried out in the last quarter of 2011. One particular challenge faced by the Adviser was Ratification (EA 2) coordination of the two-year UN Joint Programme, to u As a result of the UPR recommendations and which nine UN agencies contributed (ILO, IOM, related awareness-raising activities, the OHCHR, UNAIDS, UNDP, UNFPA, UNHCR, UNICEF Government is considering the possibility of and UN Women), to strengthen the capacities of the ratifying the CRPD. As noted above, the Human national human rights institution. The Programme Rights Adviser undertook a series of activities to provides an opportunity to communicate the promote the ratification of the Convention, essential knowledge and skills needed by staff of the including during meetings organized with the national institution to extend human rights Government in the framework of the UPR protection and undertake advocacy within the focus process. The publication entitled “Disability: from areas of the UN’s work. social exclusion to equality,” was translated into Tajik language for parliamentarians to raise awareness among decision-makers and highlight The Programme’s capacity-building objectives are the practical implications and benefits of ratifying achievable. Yet the primary goal of the Programme to the Convention. The Human Rights Adviser also hold joint discussions and implement joint activities in supported the publication of the recently adopted support of the NHRI has already proven to be Law on the Social Protection of Persons with challenging. Improved coordination is required. Disabilities at the request of NGOs working with persons with disabilities. The former Yugoslav Republic of Macedonia State engagement with human rights mechanisms (EA 6) Year established 2007 u The Government has initiated the implementation Staff as of 31 December 2011 1 of recommendations issued by various human rights mechanisms, such as CEDAW, CAT and the Special Rapporteur on violence against women. Background OHCHR provided content advice to strengthen the draft law against domestic violence which is Since its independence in 1991, the former Yugoslav currently under consideration by the relevant Republic of Macedonia has continued to move along parliamentary committees. Together with the the difficult path of democratic reform. Progress has Regional Office for Central Asia and UN Women, been slow and the country faces challenges in relation the Human Rights Adviser organized a visit of a to the rule of law, administration of justice and national CEDAW Committee member to Tajikistan. The institutions. Political and inter-ethnic dialogue, visit included a number of meetings with NGOs, transparency and participation remain insufficiently parliamentarians and the Head of the Committee realized, particularly impacting on the Roma, rural on Women and Family Affairs, each of which women and the most marginalized members of society focused on their respective responsibilities and who live in poverty and exclusion. The State remains roles in the implementation of CEDAW committed to implementation of the widely accepted recommendations. The CEDAW Committee international human rights standards and in 2011, member also identified shortcomings in the draft ratified three key instruments, namely, the Convention law on domestic violence and provided some on the Rights of Persons with Disabilities (CRPD) and suggestions on ways it could be strengthened. its Optional Protocol and the Revised European Social Charter. Genuine understanding, the capacity to apply Civil society engagement with human rights these standards in practice and the need to improve mechanisms (EA 7) interaction with human rights mechanisms remain u NGO coalitions are increasingly making use of essential. UN human rights mechanisms and participated in trainings related to the preparation and The Human Rights Adviser (HRA) has been based in submission of individual complaints to UN the UN Resident Coordinator’s Office since 2007. The human rights mechanisms for individual Adviser assists the UN and national partners to

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increase State compliance with international human rights norms and their interaction with the UN human rights system and encourages the incorporation of human rights throughout all policies and programmes. © EPA/Nate Batev In 2011, the Adviser supported efforts to improve interaction with international human rights mechanisms, ratify the CRPD and bring human rights institutions closer in line with standards. The HRA assisted the Government and civil society in assessing follow-up to the Universal Periodic Review (UPR) and reporting to the Human Rights Committee.

Results

National laws, policies and institutions (EA 1) u Target: The level of compliance of legislation and policies with international human rights

standards has significantly improved in one A mother votes in the June 2011 election in the former Yugoslav selected policy area (non-discrimination). Republic of Macedonia. A working group was established in September 2011 to draft the National HIV/AIDS Strategy to allow for a broader mandate and transparent 2012-2016 in a participatory manner that included appointment procedures in order to achieve the the participation of all relevant stakeholders. The fully compliant “A” status. The Human Rights Strategy seeks to address issues related to Adviser provided specific guidance for the prevention, treatment and HIV at the community drafting of the statement, distributed OHCHR level. It will also include special considerations to materials to the National Preventive Mechanism address discrimination against persons living with after the start of its activities in June and HIV/AIDS, including based on gender. The facilitated its introduction to the Secretariat of the working group is comprised of Government Subcommittee on Prevention of Torture (SPT). representatives, the Ombudsman, leading civil society organizations (CSOs) concerned with Human rights mainstreaming within the United human rights and sexual and reproductive health, Nations (EA 11) the Office of the Ombudsman and the Human u Target: Degree to which UN Common Country Rights Adviser. In a positive development, the Assessment (CCA)/United Nations Development working group includes persons living with Assistance Framework (UNDAF) has satisfactorily HIV/AIDS through representation by their integrated international human rights standards self-help organization. The Human Rights Adviser and principles into its operations. has contributed to these efforts by providing The UN has increased the level of human rights technical advice on rights-based analysis and analysis and consultation with civil society and outcomes and how to define concerns and other non-governmental actors. The Human develop targeted actions to address key human Rights Adviser shared information, tools, thematic rights issues related to HIV/AIDS. The Adviser and monthly situation reports with the Resident will further contribute to the review and Coordinator and the United Nations Country finalization of the draft Strategy in early 2012. Team (UNCT) to keep them abreast of human u Target: The national human rights institution rights developments at the national and (NHRI) works substantially in conformity with international level. Joint UN advocacy initiatives international standards in its duty as a National for the alignment, implementation and Preventive Mechanism under the Optional acceptance of new human rights instruments Protocol to the Convention against Torture and were proactive, particularly in relation to Roma Other Cruel, Inhuman or Degrading Treatment or and persons with disabilities. An internal analysis Punishment (OP-CAT). of the main human rights concerns of the Roma The Ombudsman delivered his statement of was undertaken by the UNCT to inform UN compliance for accreditation with the programming and resulted in the prioritized International Coordination Committee of National mainstreaming of Roma considerations into Human Rights Institutions. The October 2011 relevant UN plans and programmes. As part of a assessment granted the institution a “B” status joint UN project to address domestic violence, the and recommended the amendment of legislation Human Rights Adviser provided input into the

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analysis of the legal implications of ratifying the acceptance of the mechanism and mobilized its newly adopted Council of Europe Convention on interest in conducting a 2011 midterm assessment of Violence against Women and participated in the implementation of the UPR recommendations. drafting key messages for the domestic violence The assessment offered an invaluable opportunity campaign. Efforts were also made to improve for all relevant stakeholders to re-examine the UPR communication regarding the work of the UN recommendations as well as those issued by all other from a human rights perspective, including UN human rights mechanisms and demonstrated the through the redesigned UN country web page. practical interrelatedness of all human rights. The The page is being used to disseminate information “CRPD Advocacy and Action Points,” which the on and recommendations issued by the UN human Human Rights Adviser developed for UN agencies, rights mechanisms on the country. The Human encouraged enhanced joint action for the ratification Rights Adviser supported the participation of the and implementation of the Convention on the Rights country in the seventh phase of the joint of Persons with Disabilities. The document helped to OHCHR/UNDP Assisting Communities Project mobilize UN joint advocacy for ratification and (ACT) which provided small grants of up to contributed to the efforts undertaken by disability US$7,000 to four grassroots civil society organizations which led to the ratification of the organizations working to address discrimination Convention in December 2011. The document also through human rights education activities. The triggered model assessments of physical accessibility eligibility of the country to receive ACT grants was to the UN premises and provided opportunities for determined in May and the Human Rights Adviser persons with disabilities to participate in UN was appointed as the UNCT’s ACT Focal Point. internship programmes. Although the activities were initially delayed as a result of early parliamentary Challenges and lessons learned elections, they were later successfully implemented by the Human Rights Adviser with the support of The UPR review of the former Yugoslav Republic of and demonstrated commitment from relevant Macedonia in 2009 raised the Government’s level of Government officials.

The Adolescent Roma Mother

It is believed that home birthing and had recently moved to an EU ID card, registered for health the failure to register those births are country. As a result, S turned to the insurance and received the “Mother part of the traditions and lifestyle of social care centre for help. The Card.” This was done just prior to the Roma community. Yet this centre sent her to Kumanovo; the her giving birth. To get the Mother prevents Roma from fully enjoying town where she had been born. The Card, S and her family had to travel their rights. The following is a real social workers tried to find her on several occasions and spend story of how authorities in the former father, but gave up after learning more than a month and a half of Yugoslav Republic of Macedonia that her biological father was their social assistance. These costs addressed such a situation. unknown and her mother was were ultimately covered by a unmarried. The centre informed S non-governmental organization. Sixteen-year-old “S” was pregnant that she could obtain health with her third child. She is Roma insurance by simply presenting her S had never received advice about and lives in an informal union in own identification card (ID card). registering her civil status, sexual Skopje with her adolescent partner Yet S did not have an ID card; only and reproductive health or and their two children; born birth and citizenship certificates. compulsory primary education. The respectively when she was 14 and She was told she could get a special Human Rights Adviser learned 15 years of age. The couple is ID card for juveniles with the about S during an assessment unemployed and live on social consent and presence of a parent or consultation held with grassroots assistance. From her earlier legal guardian. As she had neither, civil society organizations to inform pregnancies, S knew that she she was told she could choose UN programming related to Roma needed a “Mother Card” to give someone to be her “special guardian communities. Since then, the UN birth at the hospital. To obtain a for the ID card.” Her partner’s father has used the assessment in card, and because she was accepted this role. S travelled with advocacy efforts with relevant underage, she had to provide her partner and his father to authorities to emphasize the need evidence of health insurance held by Kumanovo and then to Vinica, the for a comprehensive and a parent or guardian. Her own legal residence of her partner’s rights-based approach in addressing mother was a single mother who father, where S finally obtained an the concerns of the Roma.

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Type of presence Location While certain issues and countries, such as Country/Stand-alone l Occupied Palestinian Territory OPT/Israel and Iraq, have been on the agenda for offices l Mauritania some time, 2011 saw enormous changes in the l Tunisia region. The year witnessed a chain of uprisings Regional offices and l Middle East (Beirut, Lebanon) centres with massive demonstrations erupting in Tunisia, l UN Human Rights Training and Documentation Centre for South-West Asia Egypt and Libya that were followed by protests in and the Arab Region (Doha, Qatar) other countries. Millions of peaceful protesters took Human rights l Iraq to the streets to denounce State corruption, components in UN l Libya impunity, social inequalities, poverty and the denial peace missions of human rights and basic freedoms. Human rights Before 2011, OHCHR maintained five field presences were at the core of the demands for social and in the Middle East and North Africa (MENA) region: political change. While protests led to transitions in a regional office for the Middle East (Beirut), a Tunisia and Egypt and ultimately in Libya and human rights component in a peace mission Yemen, the outcomes of the continuing unrest in (UNAMI-Baghdad), the UN Human Rights Training Bahrain and Syria remain uncertain. Smaller-scale and Documentation Centre for South-West Asia and protests demanding political change and improved the Arab Region (Doha), a country office in socioeconomic conditions were reported in other Mauritania (Nouakchott), and a stand-alone office in countries of the region. the Occupied Palestinian Territory. The year 2011 saw the opening of a new country office in Tunisia OHCHR responded in a timely manner and actively as well as the establishment of a human rights engaged with various actors on the ground. The component within UNSMIL, the UN support mission voice of the High Commissioner was heard in Libya. The idea of creating a regional office for throughout the region and echoed people’s demands North Africa was also revived and discussions are for dignity and freedom. The High Commissioner ongoing. Recent Human Rights Council resolutions deployed missions to Tunisia, Egypt, Libya, Yemen called upon Yemen and the Syrian Arab Republic to and Bahrain while transitions were taking place. closely cooperate with OHCHR. Human Rights These missions assessed the situations and made Council resolution S-18/1 specifically refers to the recommendations. Some led to requests for OHCHR establishment of a field presence in Syria. to establish field presences.

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In 2011, the Human Rights Council regularly the context of open combat. Although there have addressed situations in the MENA region. Several been a number of killings since that announcement, temporary and longer-term mechanisms were the Office has no detailed information on the established, including a fact-finding mission on Syria, implementation of the policy. In addition, attacks by commissions of inquiry in relation to Libya and Syria settlers against IDF troops and facilities in late 2011 and a new Special Rapporteur on Syria. In addition, resulted in a GOI announcement that military law references to full and close cooperation with would be applied in such cases. While military law OHCHR were included in resolutions on Yemen and has always been applied to Palestinian offences in Syria. OHCHR provided support to all of these the West Bank, Israeli settlers have only been subject mechanisms and responded to respective reporting to Israeli civil law. It remains to be seen how strictly requirements (Libya, Yemen and Syria). The first this policy will be applied in practice. Universal Periodic Review cycle served as a welcome entry point for discussion and cooperation, OHCHR-OPT is engaged in: the monitoring, and in a number of cases, for improvement. documentation, and reporting of human rights violations; protection coordination and advocacy; and technical assistance and capacity-building for the Country/Stand-alone Offices PA, the Palestinian national human rights institution (NHRI), and Palestinian non-governmental organizations (NGOs). In 2011, OHCHR continued to Occupied Palestinian Territory strengthen its monitoring functions and significantly enhanced its role as a key impartial international Year established Gaza: 1996; actor with regard to human rights information on Ramallah: 2000; and analysis of the OPT. OHCHR-OPT further Hebron: 2010 developed its communications with respective Staff as of 31 December 2011 19 authorities, such as the GOI and relevant agencies in the PA (including security agencies). In 2011, Expenditure in 2011 US$2,886,696 OHCHR significantly developed and asserted its lead role in the inter-agency Protection Cluster Working Background Group. The Office also developed its expertise through the integration of human rights into the Violations of international human rights law and work of the United Nations Country Team (UNCT) international humanitarian law are widespread in the and partner agencies. In 2011, OHCHR-OPT Occupied Palestinian Territory (OPT). The commissioned an assessment of the needs of its Government of Israel's occupation of the OPT is partners with regard to capacity-building, which central to this situation and results in a broad range provided guidance and direction for focusing the of serious violations. In particular, Israeli settlements Office’s capacity-building activities. OHCHR-OPT in the West Bank, which currently house more than strengthened its role as coordinator of the Protection half a million Israeli citizens, contravene Cluster within the Humanitarian Country Team, international law and violence committed by settlers which enhanced the coordination between and against Palestinians occurs on an almost daily basis. impact of the work of the UN and international, The Israeli blockade of Gaza continued through 2011 Israeli, and Palestinian NGOs. The High and impacted on civil and political as well as social Commissioner visited the OPT in February 2011. Her and economic rights. There are also concerns final press statement was widely welcomed as one of regarding the Palestinian Authority (PA) and the de the strongest human rights messages on the OPT. facto authorities in Gaza, especially due to ongoing political conflict between the two which results in Results violations being committed by both sides. Permeating the situation in OPT is impunity and a National laws, policies and institutions (EA 1) lack of accountability on the part of all three u Target: Palestinian Authority: Positive response to duty-bearers. 50 per cent of human rights violation cases. Israeli authorities: Positive response to 5 per cent of In 2011, there were some limited positive human rights violation cases. developments. Early in the year, the Government of These targets have been partially met. In a Israel (GOI) announced that it would revert to a December 2010 meeting with the PA, previous policy and initiate military police OHCHR-OPT raised the issue of arbitrary investigations into the killings of Palestinians in the detention and ill-treatment. This resulted in the West Bank by Israeli Defence Forces (IDF) outside Office being granted access to most PA detention

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centres in order to monitor the situation. assembly was respected by PA institutions. Concerns regarding specific incidents were Following a decision by relevant security conveyed to the GOI. In the case of Qusra institutions, a ruling handed down by the village, some positive changes were made after Palestinian High Court that civilians could not be the OHCHR spokesperson raised the situation at tried by military courts was adhered to by press briefings. Many concerns raised by authorities. The President of the PA passed a OHCHR-OPT in reports appear to have been decree relating to honour crimes which was addressed by the GOI, albeit without any formal widely welcomed by human rights groups. acknowledgement. This includes the situation in OHCHR-OPT worked towards this target through the Access Restricted Areas in Gaza where a its monitoring, reporting and advocacy activities. decrease in civilian casualties was witnessed in the second half of 2011. Civil society engagement with human rights u Target not achievable, within the biennium, mechanisms (EA 7) related to the indicator “Number of selected State u Target: Civil society organizations (CSOs) have institutions/programmes in selected human rights submitted substantive documents to treaty bodies areas where the level of compliance with and special procedures. international human rights standards has Several major Palestinian NGOs regularly submit significantly improved.” shadow reports to treaty bodies and regularly There were a few positive developments with provide information to special procedures. In regard to Israel as a duty-bearer. As noted above, November 2011, OHCHR-OPT organized two the GOI announced in early 2011 that it would workshops for NGO partners on working with initiate military police investigations into the treaty bodies and special procedures, which were killings of Palestinians in the West Bank by IDF attended by NGOs working in the West Bank and troops that did not take place in open combat. Gaza. The Office has no detailed information on the implementation of this policy. Detention of Responsiveness of the international community Palestinians by Israeli Security Forces (ISF) (EA 10) continued throughout the year. Some u Target: Critical human rights issues for OPT were improvements were also registered with regard to raised in the General Assembly and the Human the PA in relation to detention. The Office Rights Council to a high extent. engaged with the Minister of Interior and the OHCHR-OPT prepared a report of the High number of reported cases of ill-treatment of Commissioner to the Human Rights Council for detainees and arbitrary detention decreased. the March 2011 session and two Generally, freedom of expression and freedom of Secretary-General reports to the General © OHCHR/OPT

OHCHR human rights officers with a member of a Bedouin Community in the West Bank.

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Assembly. The High Commissioner visited OPT in rights. Nevertheless, OHCHR continued its work at February 2011 and issued a concluding statement the technical level on human rights capacity-building. which was widely welcomed. During 2011, OHCHR’s spokesperson raised OPT-related issues Occupied Palestinian Territory: in press briefings on a number of occasions and Expenditure in 2011 OHCHR's work in the territory was reflected in Regular budget Extrabudgetary the media. These combined efforts resulted in the expenditure expenditure extensive raising of critical human rights issues in in US$ in US$ the OPT at the General Assembly and the Human Personnel and - 1,970,492 Rights Council. related costs Consultants - 25,562 Human rights mainstreaming within the United Official travel - 71,472 Nations (EA 11) Contractual services - 59,286 u Target: The Humanitarian Country Team, in General operating - 213,525 particular the Protection Cluster Working Group, expenses integrates international human rights standards in Supplies & materials - 175,013 itsworktoahighextent. Seminars, grants & - 39,248 OHCHR-OPT was able to strengthen its capacity contributions for coordination of the Protection Cluster Working Subtotal - 2,554,598 Group, and has been successful in ensuring the Programme support - 332,098 integration of human rights standards into its work, costs in particular with regard to the response to settler GRAND TOTAL - 2,886,696 violence, violations in the Access Restricted Areas in Gaza and the mainstreaming of protection into the work of other Clusters. The Office worked to coordinate protection inputs into the Consolidated Promoting the right to education in Bedouin Appeals Process (CAP) 2012. As a result, communities protection is one of the two main themes in the CAP and human rights are mainstreamed In the West Bank, the expansion of Israeli settlements throughout the document. OHCHR also worked (all of which are illegal under international law) and with the Water, Sanitation and Hygiene Cluster excessive restrictions on movement of Palestinians and the Health Cluster to integrate human rights imposed by ISF gave rise to a plethora of human into programming related to health, water, rights and humanitarian problems. OHCHR’s field presence in Hebron, in the south of the West Bank, sanitation and hygiene and, as a result, noted that children in many Bedouin communities, programming checklists were finalized and such as Khashem Al Daraj, were often prevented from adopted by Cluster members. accessing school. Children on their way to school u Target: The Mid-Term Review Plan integrates would be attacked by settlers, forced to pass through international human rights standards and excessive, humiliating and time-consuming checks at principles to a substantial degree. Israeli checkpoints, or instructed by ISF to make large The Mid-Term Review Plan includes human rights detours to avoid areas close to settlements. As a to a substantial degree and human rights are result, children were required to commute for hours to reflected as one of the six main focus areas. attend schools that would otherwise have been a short OHCHR provided direct input to the United walk away. Many children, in particular girls, were therefore forced to drop out of school. Initial findings Nations Development Assistance Framework indicated that, in Khasem Al Daraj and nearby (UNDAF) and formed part of the drafting team communities, approximately 42 per cent of girls during the review process. enrolled in the ninth grade did not continue their schooling primarily due to an absence of adequate Challenges and lessons learned transportation. After identifying the most vulnerable communities in the southern West Bank, OHCHR and The lack of progress achieved in relation to UNICEF, in collaboration with partners in both the intra-Palestinian reconciliation efforts, despite the Protection and Education Clusters and the PA, coordinated a response to purchase and allocate agreement announced by both parties in April 2011, school buses to provide transportation for these significantly constrained OHCHR’s strategic communities. Seeing a number of female school engagement with the PA. The Ministry of Justice in children from Khashem Al Daraj riding the bus to Ramallah requested that OHCHR delay a series of school gives hope for a brighter future for these conferences regarding the review and finalization of children. a comprehensive national plan of action on human

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Mauritania justice. During high-level meetings held by the High Commissioner during her visit in April 2011, the Year established 2010 Government pledged to do more to implement its Staff as of 31 December 2011 6 international human rights obligations in practice. Expenditure in 2011 US$1,103,826 Results

Background National laws, policies and institutions (EA 1) u The amended Constitution included the The year 2011 was marked by a volatile social criminalization of torture, slavery practices and climate and a complex political and economic coups d’état and the establishment of the environment, with youth organizations and National Human Rights Commission as a opposition parties repeatedly protesting against the constitutional body. The draft laws on each of high cost of living, university enrolment processes those provisions were adopted by a large perceived to be discriminatory and, more broadly, majority of the Parliament. The Office helped to demanding democratic change. The difficulties of identify the relevant human rights issues and this period occurred against a backdrop of a ensure that the amendments complied with threatening drought, serious food crisis and a sharp Mauritania’s international human rights increase in gasoline prices. At the same time, a obligations. month-long national dialogue was held between the u During a national political dialogue, a road map Government and some opposition parties to with a human rights agenda was adopted. The reinforce the democratic process and strengthen the road map was signed on 19 October 2011 by the national human rights protection system. The governing party and part of the opposition. The dialogue focused on national unity, social cohesion, consensual agreements on the road map included reform of the electoral code, the political measures for the reform of the electoral code, participation of women, constitutional reforms, creation of an independent national electoral independence of the judiciary, good governance, the commission, promotion of the political role of public media and the role of the army. As a participation of women, strengthening the result, significant human rights-based constitutional independence of the judiciary and securing the amendments were adopted, including in relation to neutrality of public administration. the criminalization of torture, slavery practices, u A draft law was adopted by Parliament to amend coups d’état and the “constitutionalization” of the the Constitution to establish equal access by National Human Rights Commission. women and men to electoral mandates and electoral functions. In collaboration with other The Mauritania Country Office was officially actors, the Office provided technical advice and established on 9 December 2010. The opening of the carried out substantial advocacy targeting the Office raised high expectations among the Government and opposition parties which Government, bilateral and multilateral partners, as eventually led to the adoption of a road map. well as civil society organizations (CSOs). The The Office also organized three seminars on the provision of technical cooperation was one of the participation of women in decision-making main priorities of the Office during the year, in processes and the abolition of discriminatory laws particular, to support the implementation of against women. recommendations of the Universal Periodic Review u The Office provided technical advice to the (UPR); promote the ratification of treaties, including Government for the development of programmes the Optional Protocol to the Convention on the stemming from a national plan of action for the Elimination of All Forms of Discrimination against elimination of racial discrimination in 2012-2013. Women (OP-CEDAW), the Optional Protocol to the The Government submitted a draft technical Convention on the Rights of the Child on the cooperation project on a national plan of action involvement of children in armed conflict against racial discrimination to OHCHR for its (CRC-OP-AC), the Optional Protocol to the review and feedback. Convention against Torture and Other Cruel, u On 24 May 2011, the International Coordinating Inhuman or Degrading Treatment of Punishment Committee of National Human Rights Institutions (OP-CAT) and the International Convention for the upgraded the status of the Mauritania Human Protection of All Persons from Enforced Rights Commission from “B” to “A.” The Office Disappearance; and support Mauritania in complying provided technical advice and support to with its reporting obligations. The Office also reinforce the Commission’s capacities and ensure worked on issues related to slavery and transitional that it conformed to the Paris Principles.

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Seminar organized by OHCHR in Mauritania to disseminate the recommendations of the Special Rapporteur on contemporary forms of slavery, July 2011.

Following the Office’s advocacy efforts, the role u As a result of strong advocacy undertaken by the of the National Human Rights Commission was Country Office in Mauritania, the Government included in the Mauritanian Constitution. has taken action to withdraw its general u With regard to the development of a reservations to CEDAW. It has indicated it will comprehensive national strategy to modify or enter specific reservations related to article 13 (a) eliminate negative cultural practices and on the right to family benefits and article 16 on stereotypes that are harmful to and discriminate marriage and family relations particularly against women and to promote women’s full regarding equal rights and responsibilities during enjoyment of their human rights, a Forum on marriage and at its dissolution. Islamic thinking and cultural dialogue was organized by the Association des Oulémas of Justice and accountability mechanisms (EA 3) Mauritania with the support of UN agencies. As a u In its advocacy against impunity, the Office result, a subregional Fatwa was issued to successfully facilitated the establishment of a accelerate the elimination of female genital transitional justice mechanism that will be a key mutilation. A comprehensive study is underway instrument in addressing crimes committed in the to facilitate the development of a national context of the Passif Humanitaire; a period in the strategy. In collaboration with UN Women, the 1980s and 1990s when human rights violations Office is supporting the review of the code du were committed against the Black Mauritanian statut personnel with particular attention being community. On 30 March 2011, the Office paid to issues regarding the status of women in collaborated with the National Human Rights society. Commission to organize national consultations on u OHCHR continued to advocate with the Ministry transitional justice to ensure the mechanism was of Justice for the creation of a Judicial Training established in accordance with international Centre as a basis for judicial reform, particularly standards. The Office also organized a to train magistrates and other legal knowledge-sharing tour in Morocco from 26 to 30 representatives who are essential for the effective December 2011 during which representatives of administration of justice. Due to a lack of the Office, Government and members of the resources, the Judicial Training Centre was not Mauritanian National Human Rights Commission established. Lawyers receive their training at the were briefed by key equity and reconciliation Ecole Nationale d’Administration, de Journalisme, actors and attended useful working sessions with et de Magistrature. representatives from the Moroccan Human Rights Council, the Ombudsman and Head of the Ratification (EA2) Interministerial Human Rights delegation. In its u Following consistent lobbying undertaken by the advocacy with bilateral partners, the Office also Office, including through the organization of a organized a technical working session on 4 workshop on the preservation of human dignity, October 2011 with the South African Ambassador the Government signed the OP-CAT. The Office will to Mauritania to raise awareness about the continue to advocate for its ratification in 2012. experiences of the South African Truth and Reconciliation Commission.

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Access to justice and basic services (EA 4) Civil society engagement with human rights u With the support of OHCHR, local mechanisms (EA 7) non-governmental organizations (NGOs) u In 2011, more than six NGOs prepared established a training/reception centre for alternative reports to the Government’s report to former slaves, specifically children and women, the ICESCR Committee. Through the organization to facilitate their social reintegration. These of two workshops on international and regional efforts included helping children to get birth mechanisms for the promotion and protection of certificates and school materials so that they human rights, the Office enhanced the capacities could attend school and promoting of these NGOs to submit reports and resource-generating activities for adults. communications to treaty bodies and special procedures. State engagement with human rights u NGOs positively contributed to the UPR mechanisms (EA 6) reporting process after a follow-up seminar on u Mauritania submitted its State Party reports to monitoring the recommendations of the UPR the monitoring committees of CAT, the was organized by the Office with the National International Covenant on Civil and Political Human Rights Commission and the Rights (ICCPR) and the International Covenant Commissariat aux Droits de l’Homme, à l’Action on Economic, Social and Cultural Rights Humanitaire et Relations avec la Société Civile. (ICESCR) in compliance with their respective The seminar provided an opportunity for NGOs guidelines. OHCHR provided technical advice to learn about the UPR procedures and to ensure the wide participation of all relevant reinforced their capacities for the stakeholders in this process. The Office also implementation of recommendations. ensured that the reports were prepared in accordance with approved standards and Human rights mainstreaming within the United procedures. Nations (EA 11) u In following up on the recommendations of the u The United Nations Development Assistance Special Rapporteur on contemporary forms of Framework (2012-2016) fully integrates human slavery, the Office organized a workshop in rights concerns and accords special priority to collaboration with the Commissariat aux Droits women’s rights and the protection of children de l’Homme, à l’Action Humanitaire et and women from violence, exploitation, Relations avec la Société Civile (Government discrimination, abuse and negligence. Ministry in charge of human rights issues), Furthermore, human rights and gender were resulting in a plan of action with projected time included as two cross-cutting thematic issues in lines for the implementation of the the final document. The Office actively recommendations. The seminar was attended participated in the preparation of the document. by parliamentarians, members of the judiciary, including the President of the Supreme Court, Challenges and lessons learned the President of the National Human Rights Commission and members of civil society Reconciliation of the issue of the passif organizations. humanitaire remains a very serious challenge for u In implementing the recommendations of the Mauritania. Despite some initial steps taken by the Special Rapporteur on contemporary forms of Government in this respect, the Black-Mauritanian slavery related to the enforcement of the 2007 community feels that the public forgiveness for past Anti-Slavery Law, six persons were tried and crimes sought by the President and the convicted for slavery practices. This was the compensation packages offered have not led to real first trial and conviction for slavery in the reconciliation. In this context, the Office history of the Mauritanian justice system. The collaborated with the National Human Rights Office supported the court case, provided Commission to organize a national consultation on advice to the NGOs that initiated the judicial transitional justice with the aim of establishing a process and strongly advocated for the full transitional justice mechanism in accordance with implementation of the 2007 Law. international human rights standards. OHCHR will focus its future work on providing assistance in establishing and supporting the functioning of this mechanism which will help respond to victims’ quest for justice and provide the foundation for sustainable reconciliation and national unity.

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Mauritania: Expenditure in 2011 accountability. Faced with a violent response from Regular budget Extrabudgetary the State security apparatus, however, protesters expenditure expenditure immediately called for an end to the regime. Once in US$ in US$ the army aligned itself with the demands of the Personnel and - 588,715 people, President Ben Ali was forced to step down related costs and left the country on 14 January 2011. Consultants - 19,270 Official travel - 59,513 Subsequently, an OHCHR Assessment Mission visited Contractual services --Tunisia from 26 January to 2 February to determine General operating - 96,199 how the Office could assist national efforts in the expenses establishment of an open and democratic society. Supplies & materials - 98,892 On 10 February, in line with the findings of the Seminars, grants & - 114,248 OHCHR mission, the Tunisian Secretary of State for contributions Foreign Affairs transmitted a request to the High Subtotal - 976,837 Commissioner for the opening of an OHCHR Programme support - 126,989 Country Office in Tunisia, with a full promotion and costs protection mandate under General Assembly GRAND TOTAL - 1,103,826 resolution 48/141 of 1993. During her official visit to Tunisia on 13 July, the High Commissioner signed the agreement establishing the Office and Tunisia simultaneously inaugurated the premises in Tunis.

Year established 2011 The Tunisia Office concentrates its efforts on two of Staff as of 31 December 2011 5 the office-wide thematic priorities: (1) combating Expenditure in 2011 US$633,187 impunity and strengthening accountability, the rule of law and democratic societies; and (2) pursuing economic, social and cultural rights and combating Background inequalities and poverty. Throughout its various activities, the Office supports the Tunisian The self-immolation of a young Tunisian on 17 authorities, civil society organizations and other December 2010 was followed by massive protests relevant actors in the building of an effective across the country. At the beginning of the unrest, national human rights protection system, including protesters called on the central Government to through the provision of technical cooperation, undertake some immediate economic, social and training and advocacy. This role is undertaken with institutional reforms in an attempt to bring an end to an inclusive approach that ensures the participation corruption, social/regional disparities and strengthen of all stakeholders, in close cooperation with the United Nations Country Team (UNCT). Whenever possible, the Office also aims at reaching out to groups living and working in remote areas (including in the regions of Kasserine, Qabaly, Sidi Bouzid and Tala), which have suffered severe marginalization during previous decades. Alongside much-needed capacity-building activities, the Office undertakes regular monitoring and reporting activities on various human rights issues.

Results

National laws, policies and institutions (EA 1) u A first draft law for the establishment of a national human rights institution (NHRI) is currently being discussed by committee members and other national stakeholders and will be © OHCHR/Tunisia submitted to the National Constituent Assembly The High Commissioner with Tunisia's Minister of Foreign Affairs after the signature of the agreement to establish OHCHR's country for adoption. The Office has provided advice and office in Tunisia, July 2011. technical expertise to support the establishment

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Crowds heading to the airport terminal at Jerba, Tunisia.

of an institution that is in full compliance with the expertise on how to conduct interviews, protect Paris Principles. witnesses and document and report on human u The transitional Government has initiated several rights violations. It has provided extensive reforms, including the enabling of political parties support to the two other National Commissions, to operate, freeing political prisoners, dissolving including through training and strategic planning both the political police and the security apparatus in methodologies of managing information and allowing freedom of the press. The Office has (public information, managing violation contributed to this by assisting its national databases, etc.). counterparts in legislative reform to ensure that adopted laws comply with international human Ratification (EA 2) rights norms and standards and guidance issued u The interim Government has ratified the Optional by treaty bodies and special procedures. Protocol to the Convention against Torture and u The Office in Tunis disseminated approximately Other Cruel, Inhuman or Degrading Treatment or 500 OHCHR documents on transitional justice Punishment, the first Optional Protocol to the during seminars, conferences and workshops International Covenant on Civil and Political organized by local partners and 800 copies of the Rights and the Rome Statute of the International Universal Declaration of Human Rights on UN Criminal Court. Day (24 October). u The Office conducted various training sessions State engagement with human rights for approximately 4,000 recruits in all seven of mechanisms (EA 6) the training schools for the National Police and u The Special Rapporteurs on the promotion and the National Guard. The sessions resulted in the protection of human rights and fundamental agreement of the Ministry of Interior with an freedoms while countering terrorism and on OHCHR-proposed outline of a two-track plan for torture made recommendations to the interim the training of new recruits over three trimesters Government to improve the administration of and a series of two-week training courses for justice, transitional justice and the prevention of security forces trainers. Furthermore, the Office torture. The Office supported the missions of has been actively involved in the development of these rapporteurs. a code of conduct, standing orders and the u Tunisia is expected to be among the first delivery of training for commanders in “strategic countries to undergo the second cycle of the management” in line with international human Universal Periodic Review (UPR) in May 2012 and rights norms and standards. the Country Office organized various UPR u The Office has provided support in terms of the training sessions for a broad number of documentation methodology for the National stakeholders, including civil society organizations Fact-Finding Commission, including technical and the UNCT.

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Challenges and lessons learned Regional Offices and Centres

The Office is well-positioned to provide expertise to support relevant institutions in building an effective Regional Office for the Middle East national human rights protection system, including (Beirut, Lebanon) the establishment of a national human rights institution in full compliance with the Paris Principles Year established 2002 and to assist national counterparts in bringing Staff as of 31 December 2011 10 legislation in line with international human rights norms and standards and guidance issued by treaty Expenditure in 2011 US$1,153,617 bodies and special procedures. The Office is further committed to promoting the realization of economic, Background social and cultural rights while addressing the root causes of human rights violations and supporting reparations for victims. The Office can support the The year 2011 witnessed people across the Middle Government with various processes, including East taking to the streets to demand dignity, freedom building capacity to address past violations, restoring and social justice. These protests took place against a safe and stable security environment, the backdrop of a stifling status quo and region-wide implementing constitutional and legislative reforms, systems of governance that lacked accountability and respecting the role of political parties and civil participation and frequently relied on the use of society organizations and providing solutions for force and abuse. Calls for change were often met by socioeconomic problems. This will be done through violence. Human rights defenders, many of whom programmes and projects closely coordinated with were long standing partners of the Regional Office, national counterparts while taking into account the were quick to engage with key actors of the importance of the principles of inclusiveness and mobilization. The League of Arab States aligned itself participation. with the movement for change and supported people against their rulers in several countries. Tunisia: Expenditure in 2011 Millions of people peacefully confronted national security organs to claim their rights that in turn Regular budget Extrabudgetary responded with excessive use of force, arbitrary expenditure expenditure in US$ in US$ arrests, torture, enforced disappearances and collective punishment. In some countries, the Personnel and related - 148,694 situation spiralled into localized and broad-based costs armed conflicts. In others, Governments resorted to Consultants - 15,150 arrests and threats or distributed money and adopted Official travel - 30,045 generous policies in an attempt to prevent further uprisings. Human rights defenders played an Contractual services - 2,000 important role in documenting and reporting on General operating - 48,830 human rights violations. expenses

Supplies & materials - 203,823 Events confirmed the crucial role of human rights Seminars, grants & - 111,800 defenders in the region, but also raised questions contributions related to objective reporting and comprehensive Subtotal - 560,342 monitoring. Many human rights defenders in the region continue to face the challenge of retaining Programme support costs - 72,845 their distinct characters without blurring their GRAND TOTAL - 633,187 identities and roles with those of political activists. The role of youth and of social media was particularly prominent and women actively claimed their space by marching and fully participating in events alongside men. The women of Yemen surprised the world with their bold engagement. One Yemeni woman and two African women were awarded the Nobel Peace Prize. Women in Saudi Arabia were promised participation in future elections. The events highlighted the strengths and weaknesses of the regional media as most media

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representatives were prevented from free reporting while others were accused of bias based on their ideological leanings and funding sources. The advent of freedom of expression and unencumbered © OHCHR/Middle East political participation offered by well-organized Islamist groups underscored their strong appeal and resulted in their electoral success in Tunisia and Egypt and explains their growing strength in Libya, the Syrian Arab Republic and Yemen.

The OHCHR Regional Office for the Middle East was established in Beirut in 2002 and covers 10 countries, namely: Bahrain, Jordan, Kuwait, Lebanon, Event organized by OHCHR to mark Human Rights Day in Oman, Qatar, Saudi Arabia, Syria, the United Arab Lebanon, December 2011. Emirates (UAE) and Yemen. consulted throughout the process and resulted in awareness-raising among rights-holders. u Results Target for Jordan: To a larger extent, the national human rights institution (NHRI) in Jordan works in compliance with the Paris Principles. National laws, policies and institutions (EA 1) Jordan’s National Human Rights Commission u Target not achievable within the biennium for (NHRC) is increasingly working in compliance Jordan: Increased compliance with international with human rights standards in advocating for the human rights standards of laws in the area of the prevention of torture in Jordan. This follows a protection of migrant domestic workers. two-day seminar organized by OHCHR and the During missions to Jordan, the Regional Office NHRC in March 2011 to encourage the ratification raised the status of migrant domestic workers by Jordan of the Optional Protocol to the with authorities and participated in a national Convention against Torture and Other Cruel, event during which it shared its experience in Inhuman or Degrading Treatment or Punishment Lebanon and offered to work with Jordanian (OP-CAT). Furthermore, OHCHR actively partners who have not yet responded to this participated in a roundtable organized by the offer. Danish Centre for Human Rights in Jordan from u Target for Lebanon: The level of compliance of 29-30 September in the framework of a project legislation with international human rights on the role of NHRIs working in Arab societies in standards significantly improved in one area (the transition. The involvement of NHRC helped to protection of migrant domestic workers). improve their interaction with OHCHR and A draft law was developed with support from enhance the level of cooperation. OHCHR and ILO to provide some protection for u Target for Lebanon: The NHRI in Lebanon is migrant domestic workers and was adopted by established in compliance with the Paris the Lebanese Minister of Labour in January 2011. Principles to a high extent. The draft law does not fully comply with In Lebanon, a draft bill was prepared with the international human rights standards and OHCHR assistance of OHCHR to establish a national expressed its views and provided comments to human rights institution in compliance with the the Ministry of Labour in this regard. Paris Principles. The draft was submitted to the u Target not achievable within the biennium: Lebanese Parliament in November 2011 and was Increased compliance of Lebanese Internal transferred to the Human Rights Parliamentary Security Forces with international human rights Committee for review. The draft bill is the result standards. of cooperation between the Lebanese Ministry of The Directorate of the Internal Security Forces Justice and a large number of local and adopted a Code of Conduct. The Code of international human rights organizations. Conduct is not fully compliant with international u Target not achievable within the biennium for human rights standards and principles and the Lebanon: The level of compliance of policies with Regional Office has expressed its views on the international human rights standards has remaining gaps. OHCHR substantially contributed significantly improved in one area: National to the elaboration of this Code by providing Human Rights Action Plan (NHRAP). technical advice to the drafting committee and As of the end of 2011, the NHRAP had not been advocating for its adoption with members of the finalized or adopted. The working groups, Internal Security Forces. Civil society was

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composed of Members of Parliament, line concerns in the United Nations Development ministries and civil society organizations (CSOs) Assistance Framework (UNDAF) and provided held discussions on studies that supported the technical support to UNICEF in the UAE to plan. The current draft is not fully compliant with mainstream gender concerns and elaborate on human rights standards and principles. OHCHR protection areas in the national strategy for substantially contributed to the discussions by children. providing technical advice to the drafting team; u Target for Bahrain: The UN country strategy and supported a group of non-governmental integrates human rights standards to a low organizations (NGOs) to lobby on the issue. The degree. draft plan will be submitted to the Human Rights Implementation of the strategy, which was not Parliamentary Committee for discussion in 2012. co-signed by the Government, was frozen due to The Regional Office will concentrate its efforts on the events taking place in the country. improving the draft and advocating with u Target for Saudi Arabia: The UN country strategy Members of Parliament for its adoption in 2012. integrates human rights standards to a low degree. State engagement with human rights The Regional Office contributed to the Common mechanisms (EA 6) Country Assessment (CCA)/UNDAF processes in u Target not achievable within the biennium: Djibouti and Saudi Arabia by conducting training Increased compliance and engagement by Oman activities on the human rights-based approach for and the UAE with the Committee on the local UNCTs or by providing a resource person Elimination of Discrimination against Women. for such trainings. As a result, the two documents During 2011, OHCHR contributed to increasing moderately incorporate human rights concerns knowledge of and engagement with human rights and UN staff working on the ground were made mechanisms by national stakeholders in Oman aware of the importance of looking at neglected and UAE. Through the work of the gender groups, including internally displaced persons adviser with different governmental and from south-west Saudi Arabia and minorities in non-governmental organizations, OHCHR Djibouti. advocated with officials in Oman and UAE to u Target for the Syrian Arab Republic: The UNDAF withdraw their reservations to the Convention on integrates human rights standards to a low the Elimination of All Forms of Discrimination degree. against Women (CEDAW). To that end, OHCHR The Regional Office raised human rights concerns and various national partners organized two and incorporated recommendations stemming workshops: In Oman, a workshop was held for from the missions of two special rapporteurs to governmental officials to discuss the international the country in 2010. human rights treaties and advocate for their u Target: The regional United Nations Development ratification, as well as the withdrawal of Group (UNDG) integrates human rights standards reservations to some treaties including CEDAW. and principles to a moderate degree. In UAE, a workshop was held with The Regional Office was instrumental in representatives from governmental organizations suggesting the inclusion of numerous human to discuss means and mechanisms through which rights references in the regional UNDG response to address issues raised in the concluding plan that was developed following a request from observations issued by the CEDAW Committee. the Policy Committee. The plan included a While the feedback of participants was positive, number of recommendations related to principles further technical support is needed to improve of a human rights-based approach, such as the Government’s engagement. participation, non-discrimination, accountability u Target: Oman submits its report to the CEDAW and minority rights, as well as the importance of Committee. establishing NHRIs and transitional justice. Oman submitted its report to the CEDAW u Target for Lebanon: The UNCT and the Office of Committee in October 2011. the United Nations Special Coordinator for Lebanon (UNSCOL) integrate human rights Human rights mainstreaming within the United standards and principles to a high extent. Nations (EA 11) In Lebanon, the Regional Office continued to u Result achieved for which no target was set: actively participate in all integrated working OHCHR continued to cooperate with UN groups (i.e., governance, Palestinian refugees, agencies to advance the rights of women. vulnerable groups and border areas, human OHCHR supported the United Nations Country rights) that were established under the Integrated Team (UNCT) in Syria in mainstream gender Strategy, bringing together all UN presences in

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the country (UNCT, UNSCOL and the United Regional Office for the Middle East Nations Interim Force in Lebanon). OHCHR also (Beirut, Lebanon): Expenditure in 2011 participated in the Gender and Information Regular budget Extrabudgetary Working Groups and chaired the Human Rights expenditure expenditure in US$ in US$ Working Group. A major achievement for 2011, in line with the UNDAF, was the launch of a Personnel and - 788,720 related costs human rights education campaign. In November and December, to coincide with Human Rights Consultants - (15,947) Day, the Regional Office took the lead in a series Official travel - 18,434 of teachings delivered by UN staff members and Contractual services - 28,139 human rights defenders in schools and General operating - 112,940 universities. A booklet highlighting Lebanon’s expenses human rights challenges and the Supplies & materials - 19,226 recommendations received during the Universal Seminars, grants & - 69,388 Periodic Review (UPR) was developed by the contributions Human Rights Working Group and made Subtotal - 1,020,900 available in Arabic, English and French. Programme support - 132,717 u Result achieved for which no target was set: The costs Regional Office, together with ILO, took the GRAND TOTAL - 1,153,617 initiative of drafting an employer’s code of conduct for national and international UN staff employing migrant domestic workers. The United Nations Training and Lebanon UNCT endorsed the text in July and staff Documentation Centre for South-West members were asked by Heads of agencies to Asia and the Arab Region (Doha, Qatar) sign it, preferably together with their employees. Several agencies consider it to be a mandatory Year established 2009 procedure. The Code of Conduct complies with Staff as of 31 December 2011 2 international norms but does not provide for a minimum wage. Expenditure in 2011 US$1,111,175

Challenges and lessons learned Background Establishing focused goals with a number of partners, The mandate of the Centre is outlined in General especially on the Government side, increases the Assembly resolution 153/60 which emphasized that it chances they will be achieved. Establishing trust and is “under the supervision of” OHCHR and has “the building capacity require the regular and timely mandate to undertake training and documentation provision of expert advice and training. This has been demonstrated through the various initiatives undertaken by the Regional Office, including in relation to gender, NHRIs, migrant domestic workers and reporting to the treaty bodies and the UPR process. Furthermore, regional work yields more results when it includes the participation of Governments and civil society instead of only UN regional mechanisms, in which OHCHR is a minor partner.

The upheaval in various countries across the region impacted on the capacity of the Regional Office to carry out its workplan as the attention of several Governments was justifiably diverted away from engaging with the UN to events taking place in the streets. In addition, previous efforts to engage with Syria came to an abrupt halt and due to the sensitivities of the situation, the Regional Office was not able to play the active role it could have under © OHCHR/Qatar different circumstances. The Deputy High Commissioner attends the consultation on strengthening the regional human rights mechanism for the Gulf Cooperation Council, November 2011.

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activities according to international human rights region. The workshop was organized in standards and to support such efforts within the collaboration with the Human Rights Department region by Governments, United Nations agencies of the Ministry of Interior of the UAE. and programmes, national human rights institutions u In May, the Centre undertook an assessment and non-governmental organizations.” The Centre’s mission to the Omani National Human Rights broad mandate has been further elaborated in the Commission with the purpose of assessing the Host Country Agreement between OHCHR and the capacity of new recruits in carrying out their tasks State of Qatar which was signed in December 2008. within the Commission. Based on the mission’s findings, the Centre developed a joint While the Centre was officially inaugurated in May cooperation programme with the Commission to 2009, it only began its regular activities in July 2010. enhance the capacity of its staff and board The Head of the Centre was deployed in November members. The first activity within the framework 2010; two months prior to the start of the Arab of this cooperation programme took place in Spring. While these events reaffirmed the need to December when a workshop was organized to strengthen capacities in the region, the challenges introduce newly recruited staff members of the facing the Centre have grown alongside heightened Commission to the basic principles of human expectations and limited resources. rights, the international protection system, the work of national human rights institutions and the Paris Principles. During its first year of operation, the Centre managed to forge good relationships with various Participation (EA 5) human rights actors in the region. u Following a number of activities implemented by the Centre with journalists, coverage of human Results rights issues increased in the regional media. For example, a training workshop was organized in National laws, policies and institutions (EA 1) April in collaboration with Al Jazeera for Qatari u In May 2011, an agreement to integrate a human journalists on the application of a human rights-based approach into the Arab Strategy for rights-based approach to media coverage and Combating Human Trafficking was reached as an international mechanisms for the promotion and outcome of the Regional Consultation on the protection of human rights. In May, a two-day Human Rights-Based Approach to Combating workshop was organized in collaboration with Al Human Trafficking organized by the Centre, in Jazeera and UNESCO to introduce media collaboration with the Qatar Foundation for professionals to issues of legal protection for Combating Human Trafficking. The Regional journalists, as well as application of international Consultation was attended by 70 participants human rights law and international humanitarian from a number of Arab countries or territories, law standards in times of armed conflict. including Egypt, Jordan, Kuwait, Lebanon, the Occupied Palestinian Territory, Qatar, Saudi State engagement with human rights Arabia, Syrian Arab Republic, Sudan, United Arab mechanisms (EA 6) Emirates (UAE) and Yemen. The Arab Strategy for u Technical support was provided to the Qatar Combating Human Trafficking represents a formal National Human Rights Committee to follow-up initiative by the League of Arab States (LAS) to on the implementation of a number of strengthen regional implementation of the UN recommendations from human rights bodies, Protocol for Combating Human Trafficking (also including the production of awareness-raising known as the Palermo Protocol). An earlier draft materials targeting foreign construction workers of the Strategy was amended to include explicit and the development of a questionnaire on the references to OHCHR’s Recommended Principles perception of the Qatari community regarding the and Guidelines on Human Rights and Human rights of women. The results of the questionnaire Trafficking. The Strategy also explicitly refers to will be used to develop a comprehensive OHCHR as an important partner in the struggle to programme for raising awareness in relation to combat trafficking. On the same subject, the women’s human rights. Centre organized a workshop in December that focused on the OHCHR 2002 Recommended International and regional laws and institutions Principles and Guidelines on Human Rights and (EA 8) Human Trafficking for law enforcement officials. u In cooperation with the Human Rights Office of Members of national entities combating human the Qatari Ministry of Foreign Affairs, the Centre trafficking attended from 10 countries of the organized a two-day consultation on

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strengthening the regional human rights Human Rights Components in UN mechanism for protecting human rights in Peace Missions member states of the Gulf Cooperation Council. The workshop aimed at sharing best practices and discussing ways to enhance the capacity of United Nations Assistance Mission for the new mechanism, resulting in the adoption of a number of recommendations, including the Iraq establishment of a consultative group to provide Year established 2004 advice to the regional mechanism. The Centre is currently advising the human rights mechanism in Staff as of 31 December 2011 47 the development of its plan of action. Background Challenges and lessons learned

The current process of transformation underway in During 2011, the general security situation remained the Arab region has presented a new challenge in precarious with a slight decrease in the overall meeting the increased demand for human rights number of civilian casualties compared with 2010. knowledge. Furthermore, the process of There was, however, an increase in targeted transformation has highlighted the need to focus on assassinations of political leaders, Government a number of emerging human rights officials and security personnel, as well as the capacity-building issues, for example, the use of targeting of community and religious leaders, legal, social media for the promotion and protection of medical and education professionals. The human rights. While the strong and principled stance administration of justice and the rule of law taken by OHCHR in response to the Arab Spring has remained weak with recurring reports of arbitrary greatly enhanced the credibility of the Centre in the arrests and torture and ill-treatment in detention. region, it has also heightened expectations that Conditions in many prisons and detention facilities OHCHR will play a vital role in quickly improving were of serious concern, with many falling below the knowledge of human rights in the region. international standards in terms of overcrowding, lack of hygiene and an absence of prisoner United Nations Training and Documentation rehabilitation programmes. Lack of respect for Centre for South-West Asia and the Arab freedom of expression and freedom of assembly Region (Doha, Qatar): Expenditure in 2011 were also of concern with reports of the use of Regular budget Extrabudgetary excessive force during protests and harassment of expenditure expenditure journalists. Violence perpetrated against women and in US$ in US$ girls, including ‘honour crimes,’ continued to be of Personnel and - 709,786 serious concern. Widespread poverty, high rates of related costs unemployment, economic stagnation, environmental Consultants - (5,050) degradation and a lack of basic services continued to Official travel - 33,786 affect large sections of the population. Contractual services - 14,000 General operating - 77,326 In 2011, the Council of Representatives re-initiated expenses the process for establishing the Iraqi Independent Supplies & materials - 33,951 High Commission for Human Rights (IHCHR) by Seminars, grants & - 119,542 appointing a Committee of Experts to undertake the contributions process of nominating commissioners. The Subtotal - 983,341 Committee was appointed in April 2011 and Programme support costs - 127,834 endorsed by the Council of Representatives in May GRAND TOTAL - 1,111,175 2011. By October 2011, a shortlist of candidates had been drawn up. In 2011, the Ministry of Human Rights agreed to draft a comprehensive national action plan aimed at implementing the 135 recommendations accepted by Iraq from the Universal Periodic Review (UPR) process as well as those proposed by civil society organizations, representatives of the Government and the judiciary during a national consultation conference held in Baghdad in June. The final plan, which will include

370 OHCHR REPORT 2011 OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA © UN Photo/Bikem Ekberzade Human rights officers facilitate a training session for the police and members of the security forces in Iraq. an implementation road map, is anticipated to be conducts advocacy in relation to specific human finalized by the Council of Ministers by the rights issues with the Government and other beginning of 2012. duty-bearers.

The United Nations Assistance Mission for Iraq Results (UNAMI) Human Rights Office (HRO) engages in the promotion and protection of human rights and the National laws, policies and institutions (EA 1) rule of law in close collaboration with governmental u In an important development, on 29 March 2011, and non-governmental sectors, in accordance with the Parliament announced the formation of a Security Council resolution 1936 (2010). It also Committee of Experts to nominate commissioners represents OHCHR in Iraq. In this context, to serve on the Iraqi Independent High UNAMI-HRO developed strategic partnerships with Commission for Human Rights. The Committee, Government counterparts, in particular the Ministry which was formally endorsed by the Council of of Human Rights, the Ministries of Justice, Defence, Representatives, is composed of 15 representatives: and Interior as well as with the Human Rights eight from the Council of Representatives, two Committee of the Council of Representatives and from the High Judicial Council, two from the civil society organizations (CSOs). Focus areas of the Council of Ministers, two from civil society HRO’s work include assisting with the establishment organizations and a representative from UNAMI. of the IHCHR and helping to elaborate a national The Committee re-opened the nomination action plan in follow-up to the UPR. Furthermore, process and a total of 3,052 applications were UNAMI-HRO contributes to justice sector reform received (including 1,466 applications received including through its work with UNICEF on the during a previous nomination process). As of juvenile justice system project and a range of December 2011, the Committee had selected 161 activities targeting the promotion of women’s rights. candidates based on objective criteria. UNAMI, in As a result of HRO’s multi-year training activities for partnership with UNDP, is providing technical human rights defenders, Iraq currently has a number and logistical support to the process. of active and competent non-governmental human u The Ministry of Human Rights drafted a national rights organizations. Other areas of HRO’s work action plan that encompassed the UPR’s 135 include the training of Government officials and recommendations and submitted the plan to a members of civil society on human rights law and National Consultation Conference held in relevant obligations and awareness-raising activities Baghdad in June 2011. Conference delegates and human rights education for the general public. from the Government, the judiciary and civil As part of its advocacy efforts, the Office produces society made amendments and recommendations reports, some of which are made public, based on its on the draft. At the end of December 2011, the ongoing monitoring of the human rights situation in Government was still in the process of amending Iraq and makes specific recommendations for steps the draft plan to incorporate the consultation to be taken by various stakeholders. The Office also conference’s recommendations. OHCHR is

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providing technical advice and continues to Human rights mainstreaming within the United advocate with Government authorities for the Nations (EA 11) finalization of the National Action Plan. u The Iraq United Nations Development Assistance u The Journalist Protection Law that was amended Framework (UNDAF) was conceived and and passed by the Council of Representatives in prepared in consultation and coordination with August 2011 is an improved version of the original UNAMI-HRO. All of its programmes and activities text submitted by the Government but still needs are human rights-based. UNAMI-HRO is to be amended to ensure it meets international represented in all UNDAF priority working standards. UNAMI-HRO is continuing its advocacy groups and its members are contributing to the with governmental and State authorities to implementation and definition of the priority improve the law. In this respect, the Office has areas and activities. It is worth noting that a conducted several meetings and a national priority working group has been established that conference on freedom of expression for national is specifically focused on governance and human authorities and members of the Council of rights. Its sub-working group on protection is Representatives in order to raise their awareness of co-chaired by UNAMI-HRO and UNHCR. international human rights standards. u The Government of Iraq closed down the Challenges and lessons learned Al-Sharaf detention centre in Baghdad’s Green Zone as a result of the human rights abuses that While there has been some progress achieved were uncovered during a month-long regarding the respect and protection of human rights investigation conducted by Iraq’s Ministry of throughout Iraq in recent years, the situation remains Human Rights. This was a result of concerns fragile as a result of the ongoing conflict situation. voiced by UNAMI in the public 2010 Annual Widespread poverty, economic stagnation, lack of Human Rights Report for Iraq. Furthermore, the opportunities, environmental degradation and an Human Rights Committee of the Council of absence of basic services constitute “silent” human Representatives became more active and took rights violations that affect large sectors of the some proactive steps to monitor and report on population. Armed violence continues to impact the conditions in detention facilities and prisons. negatively on civilians and civilian infrastructure. International pressure and OHCHR’s advocacy Due to the security situation, the Office is at times played an important role in this result. unable to provide the desired support to individuals u The law for combating domestic violence in the or groups in need of assistance, while at the same Kurdistan region of Iraq was adopted, time it is also very difficult, if not impossible, for representing a significant development towards victims to reach the Office. Similarly, the the protection of women and children and the mechanisms in place to refer cases to the prosecution of those who perpetrate domestic Government, the Kurdistan Regional Government, or violence. UNAMI participated in the working civil society organizations for follow-up, redress and group “domestic violence and protection of any kind of assistance, continue to be weak. women and children” in 2010 and provided technical advice and expertise. Female genital The Office has, however, developed a very strong mutilation and ‘honour killings’ remain a partnership with civil society organizations significant concern which the Kurdistan region operating in various locations throughout Iraq. needs to address through legislative reforms and The Office has strong partnerships with UN social education programmes. agencies, in particular with UNDP, UNOPS and more recently with UNESCO, in conducting and Ratification (EA 2) implementing joint programming and specific u On 7 July 2011, Iraq acceded to the Convention activities. The Office is currently collaborating against Torture and Other Cruel, Inhuman or withUNDPtoimplementaprojecttoprovide Degrading Treatment or Punishment (CAT), but technical assistance to the Council of has rejected a moratorium on the implementation Representatives in establishing the Independent of the death penalty and consideration of its High Commission for Human Rights and with abolition. UNAMI-HRO is working closely with the UNOPS in assisting the Government in the Ministry of Human Rights, as well as the Ministry finalization of the National Action Plan and the of Justice, to try to curb the pattern of executions establishment of a network of human rights in Iraq and is using its good offices to try to defenders. This has proven to be very effective in convince the Government to adopt a moratorium. partially overcoming the security and logistical constraints of working in Iraq and has paved the way for further UN joint programming.

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Building the Human Rights Monitoring Capacity of Iraqi NGOs in Southern Iraq

Located in the far south of Iraq, reporting skills of local human rights template for an incident report. They Basra is a low-profile giant. This big defenders is therefore crucial, debated to whom a report should be city has huge economic potential particularly at a time when the Arab addressed in order to enhance its due to its oil fields and seaport. Spring has demonstrated the degree impact. Finally, they discussed what Headline-grabbing bomb attacks to which courageous and could be expected as a result of and assassinations are mercifully knowledgeable human rights writing and submitting a human rare. Nevertheless, the people of defenders can galvanize forces that rights report. Basra are disadvantaged by the are demanding democracy, justice effects of poverty, environmental and respect for human rights. On the second day of the training, damage and other “silent” human the participants were tasked with rights violations. Like elsewhere in In 2011, HRO organized a human watching three video clips of human Iraq, the population of Basra also rights training course in Basra, rights situations: one of an apparent suffers due to the neglect and abuse targeting representatives of extrajudicial killing and two of of a dysfunctional rule of law non-governmental organizations violence during demonstrations. system. (NGOs) from Basra and other They then analysed the information governorates in southern Iraq. The contained in the films and presented The UNAMI-HRO established a workshop began with a brief their findings in a human rights presence in Basra in 2005 and introduction to major international incident report. The participants 2006, was later evacuated due to human rights instruments and an learned to pay attention to details rising threats of insecurity, but overview of human rights reporting and use their own knowledge to returned again in 2009 to become by the UN, the Government and complete the picture without one of only two substantive UNAMI NGOs. In working groups, the making unsustainable assumptions. sections represented in Basra. In participants were invited to explore While the factual analysis of the pursuing the official UNAMI the key principles, practices and portrayed incidents was quite mandate of promoting the protection skills of human rights monitoring accurate, many participants found it of human rights in Iraq, HRO Basra and reporting and explored a variety difficult to distinguish between began monitoring the human rights of questions, including: What is violations of human rights (by State situation and communicating with monitoring and what is being agents) and violations of criminal interlocutors in Government and monitored? Why monitor at all? law (by non-State actors), and some civil society. Due to movement Who monitors? What are the argued for an unlimited horizontal restrictions imposed on UNAMI elements of effective monitoring? application of human rights. This international staff, HRO’s capacity What equipment is needed to type of approach is not to undertake site visits is limited. monitor? With regard to the task of unreasonable in Iraq where the HRO relies heavily on the support of reporting what has been monitored, distinction between perpetrators of Iraqi civil society organizations. the participants discussed potential human rights violations and ordinary Improving the monitoring and sources of information and a crimes is frequently blurred.

United Nations Support Mission in Libya law, as well as delivering economic development and democratic governance. The Libyan revolution, Year established 2011 which led to the adoption of the Declaration of Staff as of 31 December 2011 5 Liberation, has been accompanied by the emergence of numerous active non-governmental organizations (NGOs), including women’s groups across the Background country. Youth groups also are emerging as important partners in strengthening the civil society Libya has inherited a vast legacy of human rights movement and addressing a range of social and violations perpetrated by the previous regime over a political challenges. 42-year period. In addition, Libya’s population is dealing with violations of human rights and The United Nations Support Mission in Libya international humanitarian law committed during the (UNSMIL) was established by UN Security Council armed conflict in 2011, including crimes against resolution 2009 (16 September 2011) to assist and humanity and war crimes. While the National support Libyan national efforts to promote and Transitional Council and the interim Government protect human rights, particularly for those have taken steps to address key challenges, much belonging to vulnerable groups and support remains to be done in the area of transitional justice, transitional justice efforts. The resolution called upon including promoting accountability for past Libyan authorities to comply with their obligations violations, upholding human rights and the rule of under international law, including international

OHCHR REPORT 2011 373 OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA © OHCHR/Libya © UN Photo/Iason Foounten

Students at Tripoli University, Libya, attend a human rights workshop organized by OHCHR to commemorate the anniversary of the Universal Declaration of Human Rights.

humanitarian and human rights law and ensure that international standards. Based on interviews those responsible for violations are held accountable conducted with detainees in a number of places in accordance with international standards. Pursuant of detention, including Benghazi, Misrata, Tripoli, to UNSMIL’s mandate, the Human Rights Section Zawiya and Zintan, UNSMIL raised concerns (HRS) assists the Libyan authorities in responding to regarding detention cases with the interim human rights issues, such as detention, provides Government to ensure compliance with advice and training on transitional justice matters international human rights standards. and assists in liaising between various national and international actors in mobilizing assistance. The HRS Justice and accountability mechanisms (EA 3) also assists in building and reinforcing the capacity u A Transitional Justice Law was adopted. With of civil society actors to promote and protect human input from OHCHR headquarters, HRS rights. provided comments on an initial draft, stressing that additional public consultation was Results necessary; advised on addressing technical deficiencies of the draft law; and shared National laws, policies and institutions (EA 1) information on global best practices on u In December 2011, a decree was adopted transitional justice. The majority of suggestions establishing the National Council for Public provided by OHCHR and UNSMIL were not Liberties and Human Rights. The interim integrated in the final law. Government took the initiative to create a u On 5 October, the National Commission for the national institution that can play a major role in Search and Identification of Missing Persons was integrating human rights in Government established by decree. HRS coordinated with the policymaking, legal reform, advocacy for human Commission and the Ministry for the Families of rights and follow-up with authorities on their Martyrs and Missing Persons in order to clarify reporting obligations to human rights their respective roles. HRS also provided advice mechanisms. HRS will continue to work towards and facilitated coordination among international ensuring that the newly established national actors seeking to provide assistance to the institution complies with the Paris Principles. Commission. In early 2012, the National u The Minister of Justice sought to bring all Commission was dissolved and the work on detainees held by the revolutionary brigades missing persons was taken over by the Ministry under the control of the Ministry. As of early for the Families of Martyrs and Missing Persons. 2012, the control of 23 detention centres had been transferred to the Ministry of Justice. HRS Participation (EA 5) will continue to work with the interim u HRS supported efforts by Libyan human rights Government to accomplish the transfer of control activists to advocate for the compliance of new of all detention centres to the Ministry of Justice, Libyan laws with international human rights enhance the rule of law and ensure the justice standards, including by promoting civil society system is operating in compliance with participation with duty-bearers, organizing

374 OHCHR REPORT 2011 OHCHR IN THE FIELD: MIDDLE EAST AND NORTH AFRICA

training sessions and supporting conferences and Experience has shown that successful transitional events to mark Human Rights Day. HRS’s actions justice strategies require meaningful public initiated a process of building the knowledge of participation. A comprehensive process of national Libyan civil society actors about their rights. consultations is a critical element that enables the crafting of an appropriate, context-specific State engagement with human rights transitional justice strategy in which the rights and mechanisms (EA 6) needs of victims are reflected, including vulnerable u In September 2011, the then-interim Minister of groups, women and children. Justice spoke at the Human Rights Council and extended a standing invitation to the special On 10 and 11 December, HRS and the University of procedures and the High Commissioner. HRS will Tripoli marked the anniversary of the Universal work with the Libyan authorities to support its Declaration of Human Rights by holding a two-day efforts to comply and engage with the human training session on human rights for 35 students of the rights mechanisms. Faculty of Law. The session aimed at increasing the level of awareness and understanding of human rights Human rights mainstreaming within the United and fostering mutual understanding and tolerance Nations (EA 11) among youth. Students provided a positive evaluation u In pursuing its mandate on reconciliation, of the event and expressed their intention of UNSMIL has consistently integrated international establishing a human rights movement on campus to human rights standards to ensure that the Libyan promote human rights knowledge. They also noted the transitional justice process is based on human recent creation of discussion forums on a University rights norms and principles. Moreover, the webpage and efforts undertaken to liaise with NGOs Mission has pursued an approach based on and UN entities and agencies on various human rights human rights standards and gender issues. UNSMIL will ensure that follow-up steps are mainstreaming when dealing with transitional taken, including the organization by UNSMIL and issues, such as improving the functioning of the OHCHR of human rights lectures on campus and the judiciary and prisons. HRS works closely with the distribution of documentation for students. United Nations Country Team (UNCT) to ensure that a human rights-based approach, including In Benghazi, the anniversary of the Universal gender mainstreaming, is integrated into the Declaration of Human Rights was publicly marked design of projects and programmes. for the first time at an event organized by the National Prevention against Violence Committee, Challenges and lessons learned with support and participation from UNSMIL and OHCHR, a range of NGOs and youth and women’s A key challenge in the field of transitional justice is groups. At the event, the Association of Abu Salim ensuring an appropriate balance between Families reiterated their long-standing demand for accountability, justice and reconciliation. The new the truth to be revealed about the fate of their loved mechanisms being established bear a heavy burden ones, believed to have been killed in the Abu Salim of facilitating resolution of the cases of close to Prison in 1996, and for those responsible for their 25,000 missing persons and promoting the right to deaths to be held accountable. HRS delivered a truth for victims. In addition to prosecution well-received speech and OHCHR funded the initiatives, it will be essential to explore the full printing of human rights materials. range of transitional justice processes, including truth seeking, reparation for victims, justice for perpetrators and institutional reforms.

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