OHCHR IN THE FIELD: AFRICA OHCHR in the field: Africa
Type of presence Location Deep-rooted difficulties such as the poor Country offices l Guinea administration of justice, weak democratic l Togo institutions and lack of accountability, as well as l Uganda sexual and gender-based violence, freedom of Regional offices l Central Africa (Yaoundé, Cameroon) and centres l East Africa (Addis Ababa, Ethiopia) expression, economic, social and cultural rights, land l Southern Africa (Pretoria, South Africa) issues, migration and xenophobia were among the l West Africa (Dakar, Senegal) main human rights challenges in the region. Human rights l Burundi components in l Central African Republic Elections were held in over 10 African countries, UN peace missions l Chad** l Côte d’Ivoire with several qualified as credible, free and fair while l Darfur (Sudan) others were characterized by violence, such as the l Democratic Republic of the Congo elections in Côte d’Ivoire. A political stalemate l Guinea-Bissau ensued following the early December announcement l Liberia of election results in Côte d’Ivoire and led to the l Sierra Leone l Somalia deaths of over 200 people and the displacement of l Sudan thousands. In 2011, local, parliamentary or Human rights l Guinea** presidential elections are scheduled to be held in advisers to l Great Lakes Region (Bujumbura) over 15 countries of the region. UN offices and l Kenya Country Teams l Madagascar* l Niger Past and ongoing conflicts as well as social crises l Rwanda continued to undermine the enjoyment of a wide l West Africa (Dakar) range of human rights. Longstanding conflict in parts * Planned for 2011 ** Closed in 2010
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of Somalia and Sudan continue to have an adverse Lakes Region in Bujumbura and to West Africa effect on human rights, including by contributing to (UNOWA) in Dakar. A section of 21 professional and extreme poverty and to internal displacement. In the six administrative staff covers the continent from Democratic Republic of the Congo (DRC), the headquarters, monitoring areas of concern and authorities stressed their willingness to combat providing substantive and administrative support to impunity, notably through their support for the field presences. The Office also continued to support publication of the OHCHR Mapping Report on the the work of the Independent Expert on the situation most serious violations of human rights and of human rights in Burundi, the Independent Expert international humanitarian law committed in the on the situation of human rights in Somalia and the DRC between 1993 and 2003, and further discussion Special Rapporteur on the situation of human rights on transitional justice mechanisms. Many challenges in the Sudan. remained in the implementation of the recommendations of the report.
In January 2010, OHCHR and the African Union (AU) Country Offices Commission signed a Memorandum of Understanding which confirmed their longstanding cooperation to promote and protect human rights in Africa. It Guinea (Conakry) provides for technical assistance, training, capacity- building and mutual cooperation in the field of Year established 2010 human rights. In addition, the AU continued the Staff as of 31 December 2010 3 development of a comprehensive human rights Expenditure in 2010 $1,257,396 strategy,inclosecooperationwithOHCHRandother partners during 2010. Background Nine countries from the region were reviewed under the UPR in 2010. OHCHR continues to provide The situation in Guinea since the assassination technical assistance to help States and civil society attempt on the then President in December 2009 has organizations prepare for the review as well as to been marked by the desire of the country’s monitor and assist with the implementation of UPR population to see the military regime of the National recommendations. Council for Democracy and Development come to an end with democratic, free, fair and transparent In 2010, OHCHR opened a country office in Guinea presidential elections. The hope is that these in follow-up to the recommendations of the elections would then enable the new Government to Commission of Inquiry appointed by the address challenges such as poverty, corruption, Secretary-General. In addition, OHCHR continues to justice, human rights violations, impunity, exploitation maintain two other country offices in Africa, in Togo of natural resources and embezzlement of State and Uganda, and four regional offices/centres in funds. The first round of the presidential elections Addis Ababa (East Africa), Dakar (West Africa), was held on 27 June 2010, and featured 24 candidates. Pretoria (Southern Africa), and Yaoundé (Central After being postponed four times, the second round Africa). The Office supported the human rights of the presidential elections was finally held on components of 11 United Nations peace missions, in 7 November 2010. Burundi (BINUB); the Central African Republic (BINUCA); Chad (MINURCAT); Côte d’Ivoire OHCHR-Guinea was established in May 2010, three (UNOCI); the Democratic Republic of the Congo months after the entry into office of the transitional (MONUSCO); Guinea-Bissau (UNOGBIS); Liberia Government. The Office was mainly involved in (UNMIL); Sierra Leone (UNIPSIL); Somalia (UNPOS); monitoring work, advocacy and training on human and the Sudan (UNMIS and UNAMID, Darfur). rights to ensure human rights were respected and On 31 December 2010, the mandate of MINURCAT protected in the electoral process. OHCHR-Guinea expired and BINUB was replaced by the United particularly focused its efforts on the country’s Nations Office in Burundi (BNUB) with the mandate security and defence forces, given their past record to strengthen the capacity of key Government of being the main perpetrators of human rights institutions as well as transitional justice mechanisms violations. The Office worked in close collaboration and human rights. In addition, the Office supported with national and local authorities, civil society human rights advisers deployed to UN country teams organizations (CSOs), and both national and in Kenya, Niger and Rwanda, as well as to the Great international human rights NGOs.
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Results
National laws, policies and institutions (EA1)2 u The existence of a national human rights institution was inserted into the Constitution and a draft law for its establishment has been completed, in conformity with the Paris Principles. The Office provided technical advice and support throughout the process.
Access to justice and basic services (EA4) u OHCHR-Guinea assisted 11 survivors of the 28 September 2009 massacre to receive medical and psychological care in Dakar, Senegal. These victims suffered from sexual violence, including
mutilation, and some contracted HIV due to gang © OHCHR/Guinea rape. They were evacuated to Dakar to be Human Rights Day celebration in Guinea. treated and returned to Guinea safely where OHCHR-Guinea continued to provide support, financial assistance in organizing a dissemination including psychological and medical assistance. workshop for the recommendations of the u The Office assisted 60 youths detained after Human Rights Council. demonstrations in September 2010 to obtain pro bono legal aid from a pool of lawyers. All 60 Civil society engagement with human rights were released thanks to this assistance and most mechanisms (EA7) of them were acquitted. u With the support of the Office, civil society actors submitted to relevant special rapporteurs Participation (EA5) information on cases relating to torture and rights u Before the first round of the elections, and then violations committed against human rights between the two rounds, the Office organized defenders. workshops and launched a wide sensitization programme and training initiative on human rights Challenges and lessons learned monitoring during elections. Sixteen human rights defenders from the eight administrative regions of The Office established a discussion forum to address the country were trained by the Office. Together human rights issues on a weekly basis. The forum is with UNDP, OHCHR-Guinea was able to provide composed of representatives from relevant national training to more than 180 correspondents and institutions such as the Ministry of Justice, the Ministry human rights monitoring personnel on how to of Defence, the National Council of Transition, a monitor human rights issues during the electoral network of human rights NGOs, CSOs, security and process. Furthermore, victims subjected to torture defence forces and the Ministry of Foreign Affairs. Its during the electoral period have formed an inauguration allowed for the discussion of human association and decided to press charges against rights issues of current concern and facilitated the the perpetrators of the violations. OHCHR-Guinea recommendation of precise follow-up actions. It also supported this process and assisted victims to proved to be useful for addressing pertinent human receive medical, psychological and legal aid. rights concerns with all relevant stakeholders and bringing about fast follow-up actions. The forum State engagement with human rights served as a communication and dissemination tool for mechanisms (EA6) information on human rights issues and for the u The Office provided technical support to the activation of early warnings. Furthermore, it proved to Government and civil society during the be valuable for helping to prevent human rights elaboration of the Guinean report for the UPR violations and for redressing violations when they and facilitated the setting up of an occurred. The forum currently only functions in the Inter-ministerial Committee to deal with the capital, but the sub-office in Nzerekore intends to review process. It also provided technical and replicate the same structure at local level.
2 Results are listed according to the Office's 11 expected accomplishments (EAs) for 2010-2011. A list of the EAs, with their titles in full, can be found in annex II).
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Guinea: Expenditure in 2010 The OHCHR Office in Togo put in place a Regular budget Extrabudgetary comprehensive project to promote non-violent expenditure expenditure elections and to monitor respect for human rights in US$ in US$ during the entire electoral process, in line with the Personnel and - 270,029 President’s overarching wish to ensure a peaceful related costs setting. It cooperated closely with the Government in Consultants --support of the fulfilment of the obligations taken on Official travel - 184,938 under ratified human rights treaties, particularly in Contractual services - 5,100 the field of reporting, and continued to promote the General operating - 123,608 ratification of outstanding human rights instruments. expenses Within the UN system in Togo, the Office ensured Supplies & materials - 382,911 the presence of a human rights-based approach in Seminars, grants & - 146,154 the United Nations Development Assistance contributions Framework (UNDAF) review process. Subtotal - 1,112,740 Programme support 144,656 Results costs GRAND TOTAL - 1,257,396 National laws, policies and institutions (EA1) u The joint UNDP-OHCHR Togo Office programme towards non-violent presidential elections in Togo March 2010 was a marked success. The Office remained in close consultation with the Year established 2006 authorities of the country, trained the security Staff as of 31 December 2010 5 forces and devised a comprehensive human rights promotion programme. OHCHR-Togo also Expenditure in 2010 US$1,355,913 developed a media strategy, in cooperation with the High Audiovisual and Media Authority, on a Background Code of Conduct for journalists which was officially signed by the most important unions of The 2010 presidential election was held in a peaceful environment, closing the chapter on formerly commonplace human rights abuses. While the results were welcomed at international level, technical insufficiencies still present in the process fuelled the determination of major sections of the opposition to challenge them as part of a prolonged protest movement. Nevertheless, a part of the major opposition party joined the Government in a bid to move forward with its planned institutional and constitutional reforms. The Truth, Justice and Reconciliation Commission (TJRC) successfully completed the phase of collecting testimonies from witnesses and victims of human rights violations committed between 1958 and 2005. The Prime Minister has reiterated the support of the Government for the work of the TJRC. The initially established timeframe of 18 months for the work was extended by six months, until May 2011, but another extension seems likely. The Government has demonstrated its commitment to human rights principles by ratifying and starting to implement the Optional Protocol to the Convention against Torture (OPCAT), submitting more due periodic reports to treaty bodies and publicly engaging in a participative UPR process. © OHCHR/Togo OHCHR monitored the presidential elections in Togo, March 2010.
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State engagement with human rights mechanisms (EA6) u The Government made significant progress under its reporting obligations. Two overdue periodic reports were submitted to the Committee on Economic, Social and Cultural Rights (CESCR), and the Committee on the Elimination of Discrimination against Women (CEDAW). OHCHR-Togo provided technical advice and advocated for the submission of overdue reports.
Human rights mainstreaming within the United Nations (EA11) u A human rights-based approach was commonly used by the United Nations agencies in Togo and
© OHCHR/Togo is well integrated into the UNDAF, which has just Human rights training for security forces in Togo. passed its mid-term review. The activities of three working groups formed in line with the three journalists and the media. A monitoring programme UNDAF priority areas are helping to ensure that was put in place, which included a countrywide follow-up takes place along human rights-based network of young promoters of non-violence and exigencies. The Office led the UNCT Working another one of human rights observers. The Group No. 3, which deals with the UNDAF systematic and timely information gathered by the priority area “Promotion of good governance and Office’s Monitoring Unit allowed OHCHR to bring human rights”, and participated to a lesser extent up concerns directly with the generally very in Working Group No. 1 on the “Fight against cooperative authorities. The presence of the Office poverty and food insecurity.” throughout the country through its six sub-offices and its networks proved to be efficiently preventive Challenges and lessons learned and was expressly appreciated by the Government. By the end of October, no more election-related Due to the polarized nature of Togo's society, detentions were noted. promoting national reconciliation and the resolution u The Office provided substantial support at all and prevention of political conflicts through the levels to the TJRC to enable it to carry out its TJRC is key to achieving sustainable peace. mission in accordance with international standards. The effective functioning of this mechanism in accordance with international human rights Ratification (EA2) standards will be a major challenge in 2011. u In June, the National Assembly authorised the The National Human Rights Commission, which has ratification of the OPCAT, which the United the mission of effectively monitoring the human Nations officially registered on 20 July. On 22 rights situation in the country, still faces technical June, Parliament authorized the ratification of the and financial challenges. Support to this Commission Protocol against the Smuggling of Migrants by will also constitute an area of focus for the Office in Land, Sea and Air supplementing the United the coming year. Nations Convention against Transnational Organized Crime (ratified by Togo in 2004). OHCHR-Togo’s advanced evaluation missions as u On 9 July, the Government approved the well its network of 960 young promoters of ratification of the International Convention for the non-violence were key factors in the success of the Protection of All Persons from Enforced support project to the 2010 presidential elections. Disappearance and decided to start the The presence of an important network of ratification process. international and local human rights observers enabled the Office to get quasi real-time information Justice and accountability mechanisms (EA3) on the situation on the ground and led to immediate u Over 17,000 statements were gathered for the TJRC advocacy intervention with the authorities at local during the period from 6 August to 17 December. and central level in order to allay conflict situations. The Office assisted the TJRC in the recruitment At local level, this set-up had a markedly dissuasive and training of staff for the local antennas and effect. mobile teams.
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Togo: Expenditure in 2010 problems in accessing land and justice. The Regular budget Extrabudgetary Government launched the first National expenditure expenditure Development Plan and aimed to address regional in US$ in US$ problems through the Peace, Recovery and Personnel and - 549,698 Development Plan (PRDP), in northern Uganda, and related costs the Karamoja Integrated Disarmament and Consultants - 153,424 Development Program. Transitional justice Official travel - 43,060 mechanisms on truth telling and reparations are yet Contractual services - 71,044 to be defined. At national level, the electoral process General operating - 109,122 that started in 2010 presents a challenge for the expenses exercise of public freedoms and political rights. Supplies & materials - 47,346 Other emerging national challenges include the Seminars, grants & - 226,229 protection of human rights in the context of security contributions threats and counter-terrorism activities. Subtotal - 1,199,923 Programme support 155,990 The OHCHR Office in Uganda comprises its costs headquarters in Kampala and six subregional offices GRAND TOTAL - 1,355,913 in Gulu, Kitgum (Acholiland), Lira (Lango), Soroti (Teso), Moroto and Kotido (Karamoja). The Office’s programme of work focuses on building national Uganda institutional capacity and ownership for the protection and promotion of human rights, including Year established 2005 working with the Uganda Human Rights Commission Staff as of 31 December 2010 40 (UHRC) and civil society organizations; human rights mainstreaming with UN partners; human rights Expenditure in 2010 US$3,542,013 monitoring and reporting; support for national legislative and policy reforms; and support for Background transitional justice. The Office’s plans also take into account the presidential, parliamentarian and local After more than 20 years of conflict in the north of the Government elections in 2011. country, Uganda has for the past four years been experiencing a period of relative peace. As a Results consequence there has been a massive return of internally displaced persons (IDPs), which has had a National laws, policies and institutions (EA1) positive impact on the overall human rights situation in u An election strategy was elaborated which the country. The Government and international actors included assistance to the Electoral Commission have moved from a focus on humanitarian assistance on the different codes of conduct and guidance towards development assistance and recovery. In the notes for the elections, and training for the UHRC north-eastern part of the country (Karamoja) the and civil society network for monitoring human security situation has improved and the Uganda Police rights in the context of elections. Force was deployed over the whole region. However, u OHCHR-Uganda signed operational guidelines several human rights challenges persisted and were with the UHRC and agreed on a joint work plan brought to the attention of the Government by the aimed at building capacity to protect human Office and the international community. rights and supporting the UHRC in their transition strategy in northern Uganda, providing protection The Country Office documented a number of civilian in Karamoja, and several of their thematic deaths and injuries committed by the Ugandan priorities. A grant agreement is currently being People’s Defence Force (UPDF) during the implemented. The Office provided technical disarmament process and also in retaliation for cattle advice through comprehensive legal analysis on raids. The north and north-east regions still face specific bills, in particular on the HIV/AIDS bill, important gaps in economic, social and cultural the Anti-Homosexuality bill, and the Prevention rights, but Karamoja remains the most disadvantaged and Prohibition of Torture bill. The Office also with regard to the human development indicators. In provided advice on the reform of the electoral northern Uganda the returnees and former IDPs laws, with the aim of ensuring compliance with staying in transit sites or remaining in the camp areas international human rights standards. are still provided with poor basic services and face
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u OHCHR-Uganda supported a human rights perspective in the discussions on the domestication of the Convention on the Rights of Persons with Disabilities (CRPD) and the HIV/AIDS bill through partner training and © OHCHR/Uganda strategic consultations. u OHCHR addressed human rights incidents in Karamoja with the Ministry of National Defence and the UPDF, achieving a sustainable and open dialogue with Government counterparts on the protection of human rights in Karamoja.
Access to justice and basic services (EA4) u Following a national practitioners’ conference organized by the Office, the Uganda Law Reform Commission organized with the support of the Seminar on witness and victim protection in Uganda. Office a high-level expert seminar on witness and victims protection in Kampala. A road map for Government’s PRDP, which hands over the future collaboration was drawn up from the humanitarian components to the Office of the Prime expert seminar. Minister and the role of the Protection Cluster to the u Continuing its work from previous years, OHCHR UHRC. OHCHR is monitoring the situation of implemented together with UHRC a consultation returnees, remaining IDPs and extremely vulnerable process on reparations for victims of the northern individuals with a particular focus on economic, Uganda conflict. The outcome report is being social and cultural rights. It is supporting the prepared and will be presented in 2011 at the transition process led by UNHCR from the Protection National Conference on Reparations. Cluster to the District Human Rights Promotion and Protection Sub-Committee chaired by the UHRC and State engagement with human rights is serving as its secretariat. In this function, it is also mechanisms (EA6) providing technical expertise and participating in u The initial report to the Committee on Economic, joint activities on monitoring and advocacy. Social and Cultural Rights (CESCR), overdue for 23 years, is now underway with OHCHR-Uganda’s Over 2010, the Office, together with the UHRC, support. advocated for peaceful, free and fair elections in a u The Office collaborated with UNIFEM, UNICEF democratic environment. Signs of attempts to restrict and UNFPA to assist the Government of Uganda public freedoms are manifest in some existing laws, and civil society organizations in preparing the pending bills and institutional practices, which need report to the Committee on the Elimination of to be addressed. OHCHR, together with the UHRC, Discrimination against Women (CEDAW) and in will follow up on the challenges related to the attending the review session, which took place in electoral process and will also submit its observer October 2010. The Office printed the concluding report to the Electoral Commission. observations currently being disseminated by the Government and civil society. OHCHR-Uganda Women and girls face different types of violations, also held sessions with the same actors to help in predominantly high rates of sexual and gender-based the presentation of their draft reports to the violence accompanied by low prosecution rates and Committee on the Rights of Persons with onerous court procedures. OHCHR designed, Disabilities. together with UNFPA, UNICEF and UNDP, a joint program under the Peacebuilding Fund for Northern Challenges and lessons learned Uganda (Acholi) to address these issues with key duty-bearers. The plan will be implemented during A total of 11,970 IDPs (mostly in Teso) remained in 2011 and 2012. Other vulnerable groups like persons camps, a large proportion of which were extremely with disabilities, persons living with HIV/AIDS, vulnerable individuals, and there were an additional LGBTs and especially vulnerable individuals among 135,515 IDPs in seven transit sites as of October the IDP population, are still facing challenges in 2010. The described humanitarian situation no enjoying human rights on an equal basis with other longer warrants a Consolidated Appeal Process in sectors of the population. 2011. Instead, the United Nations supports the
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Uganda: Expenditure in 2010 rights protection systems throughout the region Regular budget Extrabudgetary remained weak, with the existence of very few expenditure expenditure effective national human rights institutions (NHRIs). in US$ in US$ Civil society organizations working on human rights Personnel and - 1,812,503 and democracy were largely uncoordinated and related costs fragmented, and human rights defenders were under Consultants - 8,159 increasing threat during 2010. Official travel - 121,296 Contractual services - 78,241 Although all of the subregion’s countries engaged General operating - 408,450 with the Universal Periodic Review of the Human expenses Rights Council, the implementation of their existing Supplies & materials - 336,682 international human rights commitments and UPR Seminars, grants & - 369,194 recommendations at national level exhibited slow contributions progress. Subtotal - 3,134,525 Programme support 407,488 The United Nations Centre for Human Rights and costs Democracy in Central Africa (based in Yaoundé) was GRAND TOTAL - 3,542,013 established in 2001, and promotes and protects human rights and democracy in 11 Central African countries, through advocacy, lobbying, dialogue, technical assistance and advisory services extended Regional Offices and Centres to Governments, parliaments, United Nations country teams, national human rights institutions, civil society organizations and the media, amongst others.
United Nations Centre for Human Rights Results and Democracy in Central Africa/OHCHR Central Africa Regional Office National laws, policies and institutions (EA1) (Yaoundé, Cameroon) u So far, two NHRIs have met their objectives of becoming increasingly compliant with the Paris Year established 2001 Principles and sufficiently strengthened to carry Staff as of 31 December 2010 10 out their activities in compliance with international and regional human rights standards: Cameroon’s Expenditure in 2010 US$1,543,413 NHRI received “A” status accreditation from the International Coordinating Committee for National Background Human Rights Institutions (ICC-NHRI) in July 2010 and the NHRI of the Republic of the Congo The human rights situation in Central Africa continues received its first-time accreditation of “B” status in to be affected by past and ongoing conflicts and was October 2010. aggravated by the recent economic and food crises. In u In Cameroon, a national law to protect the rights 2010, several Central African countries held elections. of persons with disabilities was adopted in April In some, democracy and the rule of law were 2010. The Law was largely in conformity with the threatened by dominant one-party rule, corruption Convention on the Rights of Persons with and undue executive influence over the judiciary and Disabilities (CRPD). Following the Centre's legislative bodies. Inadequate national legal advocacy efforts, ratification of the Convention frameworks, unresponsive and unaccountable public on the Rights of Persons with Disabilities (CRPD) administrations, weak and under-resourced judiciaries in Cameroon, the Republic of the Congo and and inadequate social policies all had an effect on the Equatorial Guinea should follow shortly. human rights situations in most of the subregion’s countries. Discrimination based on ethnicity, Participation (EA5) nationality, social and political affiliations, gender, u The Centre’s continuing joint advocacy efforts sexual orientation and health status remained a with Sightsavers and the Cameroon NHRI have serious concern. Other continuing challenges included led to Cameroon’s election management body, trafficking in persons and the protection of the human ELECAM, starting to take concrete accessibility rights of migrant workers, as well as the absence of measures to allow persons with disabilities to subregional coordinated action plans and policies to vote freely, independently and in dignity in the address these situations. Overall, national human forthcoming 2011 elections.
OHCHR REPORT 2010 121 OHCHR IN THE FIELD: AFRICA © UN Photo/Eskinder Debebe Women in Mbalmayo, Cameroon, welcome the UN Secretary-General on his visit to see firsthand several projects related to the Millennium Development Goals.
State engagement with human rights Congo were used in Rwanda, Chad and Liberia, mechanisms (EA6) and will possibly also be used in other countries. u The Republic of the Congo made significant progress in catching up with almost all Human rights mainstreaming within the United outstanding treaty body reporting obligations Nations (EA11) (submission of overdue reports under ICCPR, u The very positive response to, and desire for, ICESCR, CAT, CEDAW and CRC expected in increased human rights engagement at country 2011). Advocacy with the Governments of level by resident coordinators and the UN Gabon, Cameroon and Equatorial Guinea in this Country Teams in Cameroon, Equatorial Guinea, area was undertaken, with results expected in Gabon and Sao Tome and Principe, has resulted 2011. in the Governments of the DRC and Equatorial u An important development in the subregion Guinea requesting the deployment of human during the reporting period was the active rights advisers in their countries, supported by engagement of all countries in the preparations the Centre. and follow-up to the UPR process, facilitated by u The presentation of the Centre’s annual report of the Centre. Significant progress with the adoption activities to the United Nations Standing of a national road map for the follow-up of Committee on Security Questions in Central Africa, recommendations from international and regional led to the decision of the Standing Committee at human rights mechanisms was achieved in the ministerial level to consider the challenges posed Republic of the Congo, and similar processes were by trafficking in persons to human rights and initiated in Cameroon, Gabon and Equatorial stability in the subregion at its meeting in 2011. Guinea through regular country visits and The Special Rapporteur on trafficking in persons sustained dialogue. The Centre also supported was also invited to participate. Rwanda and Sao Tome and Principe in their UPR preparations during 2010. Challenges and lessons learned u The materials produced by the Regional Office for training the Inter-ministerial Committee managing Whilst countries of the subregion have generally national follow-up to the recommendations of the ratified most key international human rights human rights mechanisms of the Republic of the instruments, the implementation of these
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commitments was generally lacking. In some Regional Office for East Africa particularly challenging situations, such as in (Addis Ababa, Ethiopia) Equatorial Guinea, OHCHR’s approach required ensuring that national authorities remain engaged Year established 2002 with international and regional protection Staff as of 31 December 2010 10 mechanisms, which provide a useful entry point for addressing human rights protection concerns. The Expenditure in 2010 US$1,046,746 Regional Office also sought to ensure that any outstanding treaty body and special procedures Background recommendations were included as a “package deal” in the assistance provided in UPR follow-up, to Throughout 2010, East African countries remained ensure consistency. Similarly, the importance of the among the poorest in the world. Deep-rooted Regional Office remaining in a facilitating role and challenges such as the poor administration of justice, securing national ownership of the process meant weak democratic institutions and lack of accountability that the process took much longer than envisaged remained. Longstanding conflicts in Somalia and Sudan but was not imposed or externally driven. only added to the extreme poverty and internal displacement, and affected the overall level of The Centre also provided support to the visits of two enjoyment of economic, social and cultural rights. special procedures mechanisms, namely on The situation of migrants and refugees in those indigenous issues to the Republic of the Congo and countries remained a major concern. on the use of mercenaries to Equatorial Guinea. Despite sustained lobbying efforts by the Centre, the During 2010, the Regional Office supported African request of the Independent Expert on the issue of Union (AU) institutions with a human rights human rights obligations related to access to safe mandate, playing a key role in the adoption of a drinking water and sanitation to visit Cameroon Memorandum of Understanding (MoU) between the remained unanswered. The Centre’s efforts to African Union Commission and OHCHR and providing revitalise the Memorandum of Understanding strategic technical support for the elaboration of a between the Economic Community of Central human rights strategy for Africa. The Office has also African States and the Office, and cooperation with engagedincooperationwithEthiopia,Tanzaniaand the subregional organization proved challenging and Djibouti, as these East African countries are not failed to ensure substantive and continued covered by a country office. The Regional Office for engagement. East Africa’s (EARO) cooperation with Eritrea is led by OHCHR headquarters.
United Nations Centre for Human Rights and Results Democracy in Central Africa/OHCHR Central Africa Regional Office (Yaoundé, Cameroon): Expenditure in 2010 National laws, policies and institutions (EA1) u In Tanzania, the Office held three successful Regular budget Extrabudgetary expenditure expenditure trainings to strengthen the Investigation Unit of in US$ in US$ the Commission for Human Rights and Good Personnel and 906,892 39,992 Governance (CHRAGG). Later in the year, related costs CHRAGG issued a report on the eviction of a Consultants --pastoralist in Loliondo, north-western Tanzania. Official travel 26,295 43,066 Contractual services 9,700 - Ratification (EA2) u Dialogue was initiated with Ethiopia on the General operating 138,635 30,200 expenses development of a national plan of action on Supplies & materials 13,125 44,726 human rights, and during 2010 Ethiopia took a Seminars, grants & 94,500 155,526 number of steps to implement UPR contributions recommendations, including ratifying the Subtotal 1,189,147 313,510 Convention on the Rights of Persons with Programme support - 40,756 Disabilities (CRPD) and signing the Optional costs Protocol to the Convention on the Rights of the GRAND TOTAL 1,189,147 354,266 Child (OP-CRC).
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State engagement with human rights mechanisms (EA6) u Successes started to emerge in Djibouti from the Office’s continued two-year joint technical assistance programme on human rights (2009 and 2010), implemented under the umbrella of the UN Country Team. The Djibouti Government submitted its overdue reports to the Committee on the Elimination of Discrimination against Women (CEDAW) in January, and to the Committee against Torture (CAT) and the Committee on Economic, Social and Cultural Rights (CESCR), as well as its Common Core Document, in July. It also began elaborating its overdue report to the
Human Rights Committee. © IRIN/Siegfried Modola u The Tanzanian Government has met its reporting obligations by submitting its periodic reports to the human rights treaty bodies and to the African Challenges and lessons learned Commission on Human and Peoples’ Rights. However, Tanzania has not yet submitted its In spite of its status as a non-resident agency, the report to the Committee on the Elimination of Regional Office managed to play a key role within Racial Discrimination (CERD), for which it the One UN system by using existing frameworks prepared a first draft. The Office assisted by such as the UNCT, and in particular, the Human providing inputs on technicalities during a Rights Sub Group. The Office is considered an active workshop prepared by the Office. member of the UNCT and is often called upon for guidance on issues pertaining to human rights. By International and regional laws and institutions using these structures, EARO was able to make an (EA8) effective and much-appreciated contribution and u At the AU Summit in January 2011, the Office and provide strategic inputs to facilitate the the AU Commission signed an MoU that mainstreaming of human rights within the UNDAP formalizes the existing strong working relations roll-out process and the Joint Programmes. As a with the AU’s various organs as it sets a result, stand-alone human rights-related outcomes framework for OHCHR–AU cooperation, and outputs were embodied in the UNDAP including the development of annual work plans, document. Furthermore, through the use of its good joint activities and information sharing. working relationships and credibility with national counterparts, EARO also fostered a strong Human rights mainstreaming within the United partnership in the area of human rights between the Nations (EA11) One UN and national partners such as the Tanzanian u The prevalence of human rights concepts in both National Human Rights Institution. Tanzania's new United Nations Development Assistance Plan (UNDAP) and Ethiopia's new Although not physically present in Tanzania, EARO United Nations Development Assistance was able to further the human rights agenda with its Framework (UNDAF) can for a large part be national partners and within the UN agencies in the attributed to the Office’s active participation in country. This created very high expectations and the development process. demands from partners eager to work on human u In Djibouti, the Office contributed to the ongoing rights issues, which resulted in more requests for the UNDAF mid-term review to enable a human Office to have an increased presence in Tanzania. In rights perspective to be taken into consideration particular, the United Nations Country Management during the process. The Office also provided Team in Tanzania has an outstanding request to advice regarding the global terms of reference OHCHR for the appointment of a human rights guiding the review. adviser.
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Regional Office for East Africa Results (Addis Ababa, Ethiopia): Expenditure in 2010 National laws, policies and institutions (EA1) Regular budget Extrabudgetary u In Mozambique, a National Human Rights Action expenditure expenditure Plan was drafted with the technical assistance of in US$ in US$ the Office. The document responds to one of the Personnel and - 602,420 gaps in human rights protection identified in the related costs preparation of the UPR at national level. Consultants - 26,058 u In Zimbabwe and Mozambique, preparations to Official travel - 60,950 establish National Human Rights Commissions are Contractual services - 10,000 well advanced and both institutions could General operating - 104,299 become operational in 2011. ROSA organized expenses training workshops for stakeholders in both Supplies & materials - 21,108 countries and advised the respective Governments Seminars, grants & - 101,489 on the drafting of relevant legislation. contributions Subtotal - 926,324 Ratification (EA2) Programme support 120,422 u The Republic of Seychelles ratified the Optional costs Protocol to the Convention on the Rights of the GRAND TOTAL - 1,046,746 Child (OP-CRC) on the involvement of children in armed conflict and the Rome Statute of the International Criminal Court in August 2010, Regional Office for Southern Africa (Pretoria, South Africa)
Year established 1998 Staff as of 31 December 2010 6 Expenditure in 2010 US$1,161,719
Background
The Regional Office for Southern Africa (ROSA) works with Governments, UN country teams, civil society organizations and national human rights institutions with the goal of achieving the full realization of human rights in the region. ROSA covers 14 countries, namely Angola, Botswana, Comoros, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Zambia and Zimbabwe. ROSA also works with subregional organizations, namely the Southern African Development Community and the Indian Ocean Commission.
The Regional Office provides advisory services and implements capacity-building programmes to strengthen national and regional systems for the protection and promotion of human rights. Four key areas of the Regional Office’s activities are the establishment and strengthening of national human rights institutions; increasing the engagement of national stakeholders with the international human rights system (UPR, treaty bodies and special
procedures); addressing discrimination; and ensuring © OHCHR/South Africa a human rights-based approach in UN country Human rights competition organized by the Southern Africa teams’ programmes. Regional Office.
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following the Office’s interaction with the information. This challenge has been partly Government of the Republic on its ratification remedied through the support of the United Nations status. Information Centre for South Africa and its satellite offices in the subregion. Access to justice and basic services (EA4) u OHCHR signed a grant agreement with the South The political contexts in Madagascar and Zimbabwe African Human Rights Commission (SAHRC) at a continue to have a negative impact on the human public ceremony on 30 June 2010 for the funding rights situation in these countries and require of a one-year project to address both the rights of OHCHR to operate in a politically volatile and non-nationals and the recommendations of the constantly changing environment. Commission in relation to the investigation of xenophobic attacks in 2008 in South Africa. The Regional Office for Southern Africa event received broad coverage in the national (Pretoria, South Africa): media. A task force made up of officials from Expenditure in 2010 OHCHR headquarters, ROSA and SAHRC was Regular budget Extrabudgetary established to regularly review the expenditure expenditure implementation of the project, and a number of in US$ in US$ planning meetings were undertaken prior to the Personnel and - 718,142 related costs commencement of activities in January 2011. Consultants -- State engagement with human rights Official travel - 89,897 mechanisms (EA6) Contractual services - 1,000 u Nine of the 14 countries covered by the Regional General operating - 79,458 Office have been reviewed under the UPR, expenses namely Angola, Botswana, Comoros, Lesotho, Supplies & materials - 107,190 Madagascar, Malawi, Mauritius, South Africa and Seminars, grants & - 32,383 Zambia. The Regional Office provided technical contributions assistance to help States and civil society Subtotal - 1,028,070 organizations prepare for the review and Programme support 133,649 implement UPR recommendations in follow-up to costs the review. GRAND TOTAL - 1,161,719 u Angola and Madagascar submitted their periodic reports to the Committee on the Rights of the Child (CRC) and Mauritius submitted its report to Regional Office for West Africa the Committee on Economic, Social and Cultural (Dakar, Senegal) Rights (CESCR). The Office supported these countries in the preparation of their reports. Year established 2007 Staff as of 31 December 2010 9 Challenges and lessons learned Expenditure in 2010 US$1,096,014 Although the Regional Office participated in the UNCT meetings of Comoros, Madagascar, Background Mauritius/Seychelles and Namibia, extensive engagement with UNCTs as per the annual work Regarding the overall human rights situation in West plan was affected by time and logistical constraints, Africa, there have been signs of progress in efforts to including additional workload due to the mainstream human rights and gender issues into involvement of the United Nations in the FIFA World policy responses to regional threats to peace and Cup 2010 in South Africa and increased missions security, such as food crises, climate change, from UN special procedures to the region. ROSA has migration, and the trafficking of persons. The sought to address this challenge through frequent resurgence of military coups and election-related communication with resident coordinators’ offices. violence in West Africa have resulted in a wave of human rights violations. Against this backdrop of In Southern Africa, a strategic presence in the media impunity, occurrences of sexual and gender-based is critical to moving the human rights agenda violence, violence against children, arbitrary arrests forward. The development of a strong media and detention, extrajudicial killings and unlawful outreach programme has been hampered by ROSA’s expropriation affecting the most vulnerable persons lack of expertise and resources in the area of public continue to be reported throughout the subregion.
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The socio-economic disparities in West Africa are which are in the process of being finalized, are rapidly emerging as a growing threat to human also likely to fully reflect a human rights-based rights, even in countries that have experienced approach. The Regional Office has contributed to sustained economic growth in recent years. these processes by providing trainings and advice to UN country teams, Government partners and The achievements of the OHCHR Regional Office non-governmental actors. for West Africa include raising awareness about the UPR throughout the region and assisting Challenges and lessons learned countries in terms of UPR follow-up; increasing collaboration with the region’s national human The frequently challenging political environment in rights institutions; encouraging Member States of the Gambia, and in the subregion as a whole, led the Economic Community of West African States the Regional Office to re-evaluate its approach to (ECOWAS) to address the human rights-related engage with the country, with which it had aspects of climate change in the region; and envisaged holding a number of initiatives in 2010. addressing issues of impunity, especially in regard Despite this challenge, the Regional Office pressed to improving access to justice for women. The ahead with its efforts to engage with both the Regional Office also provided support to, and Government and the UNCT in order to build a cooperated with, the eight human rights field positive climate for protecting and promoting human presences based in the region. rights and to ensure the possibility of future cooperation in the country. Results Since November 2008, the Regional Office has State engagement with human rights convened bi-annual consultations for all heads of mechanisms (EA6) human rights presences based in West Africa. These u The Regional Office has undertaken a number of meetings have allowed the participants to identify initiatives this year to support the submission of shared priorities, develop common strategies to overdue State reports by Senegal and Cape Verde. address these priorities, and facilitate the exchange These initiatives, which are likely to produce of knowledge, skills and experiences. They have results in the coming year, included meeting with also played an important role in strengthening civil society organizations to help render the partnerships between human rights presences and Committee on the Elimination of Discrimination host UNCTs and other important stakeholders. against Women (CEDAW) document more accessible, and organizing a regional forum on the Regional Office for West Africa implementation of UN Security Council resolution (Dakar, Senegal): 1325 on Women, Peace and Security. Expenditure in 2010 u The Regional Office provided support to the Regular budget Extrabudgetary countries of Benin, Burkina Faso, Cape Verde, expenditure expenditure Côte d’Ivoire, the Gambia, Ghana, Guinea, in US$ in US$ Guinea-Bissau, Liberia, Mali, Nigeria and Senegal Personnel and 654,417 55,475 related costs in helping them to ready themselves for the UPR Working Group review. The Regional Office is Consultants - 27,088 currently following up this development by Official travel 12,978 26,285 engaging the countries further and promoting the Contractual services 6,200 - recommendations made by the Human Rights General operating 30,675 20,700 Council. expenses Supplies & materials 32,981 43,517 Human rights mainstreaming within the United Seminars, grants & 27,600 120,000 Nations (EA11) contributions u The United Nations Development Assistance Subtotal 764,851 293,065 Framework (UNDAF) for Burkina Faso has fully Programme support - 38,098 integrated a human rights-based approach and costs the UNDAFs in Senegal and Cape Verde, both of GRAND TOTAL 764,851 331,163
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Human Rights Components in Results UN Peace Missions National laws, policies and institutions (EA1) u After years of joint efforts between BINUB and United Nations Integrated Office in Burundi OHCHR to support a Paris Principles-based process for the establishment of an Independent Year established 1995 (since 2006 as National Human Rights Commission (INHRC) in part of the United Nations Integrated Burundi, Parliament adopted on 14 December Office in Burundi) 2010 the INHRC Act, which was promulgated by the President on 5 January 2011. The Act is for Staff as of 31 December 2010 50 the most part in conformity with the Paris Principles. The main issue remaining is that Background according to the Law, support for the Commission is to be channeled through the While Burundi’s five rounds of elections unfolded Government. Since this legal obligation is with fewer incidents at the polls than had been applicable to the Burundian institutional feared, the political context was shaped by a steady architecture as a whole, its fair implementation erosion of civil and political liberties, most should not prevent the INHRC from enjoying the noticeably from mid-2009 onwards, as well as by financial autonomy granted under the Law. incidents of political violence including clashes Although conducted in very challenging between politically affiliated groups of youths. The circumstances, the process that allowed for the election period and its immediate aftermath was adoption of a sound law, such as the one that marked by human rights violations including illegal took place in Burundi, may serve as a good and/or arbitrary arrest and detention of opposition example in other contexts, especially with regard party members, extrajudicial, summary or arbitrary to the requirements of broad consultations under executions, the resumption of acts of torture as well the Paris Principles. as restrictions of the right to freedom of expression u An action plan on the reduction of the prison and opinion. population, adopted in September 2009, is currently being implemented. Short-term While the United Nations Integrated Office in measures have led to a significant drop in the Burundi (BINUB) was not mandated to engage in prison population. However, for sustainable election monitoring per se, the Human Rights and results, the in-depth reform foreseen in the plan Justice (HR&J) Division undertook initiatives to should be realized. BINUB assisted the General promote peaceful coexistence, based on respect for Prosecutor's Office in conducting inspections on civil and political rights. pre-trial detention in the different prosecutor's
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offices throughout the country. Following the first and insecurity attributed to unknown armed groups; round of inspections, 196 pre-trial detainees were lack of independence of the judiciary and provisionally released; the second-round of overcrowded prisons. inspections indicated a reduction in the level of illegal pre-trial detention. Despite these challenges, meaningful results in the u Security in prisons improved thanks to BINUB's implementation of human rights programmes were technical advice and the creation of security achieved due to coordination efforts with national committees. An assessment of the situation in partners. Regular advocacy and follow-up on human Burundi's 11 prisons was carried out. rights violations with authorities has made it possible The Division rehabilitated seven prisons and to address individual cases, and the training of provided equipment to the prisons' legal services. judges, prosecutors, clerks and registrars has improved court administration. Coordinating the Justice and accountability mechanisms (EA3) efforts of BINUB with the diplomatic community and u With regard to transitional justice mechanisms, civil society has greatly contributed to the adoption successful national consultations were concluded of the law on the independent human rights by the “Comité de Pilotage Tripartite” in March commission. 2010. The UN’s efforts helped to ensure that the process of consultation was legitimate and United Nations Integrated Peace-building participatory. Although the national consultations Office in Central African Republic were completed, the report was only made public on 7 December after having been officially Year established 2000 handed over to the President. It is expected that Staff as of 31 December 2010 23 progress on transitional justice issues will be possible in 2011. Background Access to justice and basic services (EA4) u A one-stop care centre, which aims to provide The general human rights situation in the Central victims of sexual and gender-based violence with African Republic (CAR) is characterized by the a wide range of services (judicial, medical, widespread impunity of both State and non-state psychosocial and shelter), is currently being actors, with the presence of mob justice and established. accusations of witchcraft that often target young girls or elderly women. Central African and foreign Participation (EA5) armed groups operating in CAR continue to be u With the support of the UN Country Team, civil responsible for grave violations committed against society activity has established a renewed focus children. In the north, notably in the regions of on human rights protection and participation in Bamingui-Bangoran, Nana-Gribizi, Ouham and national decision-making. Two human rights Ouham-Pende, chronic displacement as well as a defenders networks were established: the lack of protection for civilians have contributed to a Network of National Observers of Human Rights rise in human rights violations committed by armed (RONADH) and the Network of Women Leaders groups. In the Vakaga region of the north-east, in “Nyubahiriza” (RFL). the context of the economic marginalization of the region, instability and clashes between Human rights mainstreaming within the United ethnicity-based rebel groups have created a Nations (EA11) protection crisis that impedes on the already u The new United Nations Development Assistance severely limited humanitarian space. Armed groups Framework (UNDAF) cycle for 2010-2014 was often clash in the vicinity of the civilian population launched. It identifies the promotion and and with total disregard for humanitarian law, protection of human rights as one of four priority particularly in terms of deliberate attacks on areas. civilians and a disproportionate use of force. Systematic attacks on the population in Challenges and lessons learned south-eastern CAR by the Lord’s Resistance Army (LRA) pose grave challenges for the effective Serious human rights challenges during 2010 include protection of civilians, particularly of women, the persistence of impunity; the resumption of acts children and girls. An estimated 42,500 internally of torture committed against persons arrested during displaced persons (IDPs) remain displaced in the the election period; arrests of political party LRA-affected areas, of which 16,600 were displaced members and journalists; the resumption of violence in 2010 alone.
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OHCHR implements its human rights programme in u In June 2010, the Government of CAR signed the CAR through the Human Rights and Justice Section N’Djamena Declaration to end the recruitment (HRJS) of the United Nations Integrated and use of children within its armed forces. Peace-building Office in Central African Republic Furthermore, the Government signed both the (BINUCA). BINUCA has three regional offices in Optional Protocols to the Convention on the Bouar (covering the western prefectures), Bossangoa Rights of the Child on the Involvement of (covering the north-western prefectures) and Children in Armed Conflict and the Optional Bambari (covering northern and eastern prefectures) Protocol on the Sale of Children, Child which monitor the human rights situation by Pornography, Prostitution and Trafficking. conducting regular visits to the field and interacting u Through consultation and regular meetings with with local, judicial and administrative authorities with national authorities, the HRJS contributed to the a view to seeking adequate protection solutions, as Government’s creation of a Committee on the well as conducting promotion and protection work promotion and protection of the rights of IDPs, that includes offering legal counsel for victims on a and to the signature of the African Union regular basis. Convention on the protection and assistance of IDPs in Africa. Results Justice and accountability mechanisms (EA3) National laws, policies and institutions (EA1) u The Ministry of Justice adopted in 2010 its u The HRJS participated in the drafting of the national strategic justice reform plan, a revision of the current Law of 15 December 2006 development which HRJS’s justice component on the protection of women against violence, actively supported. which incorporates the provisions of the Great u The HRJS worked closely with UNDP to improve Lakes Protocol on the prevention and repression knowledge of the new criminal code and the of sexual violence against women and children in code of criminal procedure amongst judges, the CAR legislative corpus. lawyers, law professors, court clerks, penitentiary u The HRJS assisted the Ministry of Justice with the personnel, police and the gendarmerie. A series revision of the Criminal Code and the Criminal of seminars have been organized in Bangui and Procedure Code, which were adopted and in the 16 prefectures. promulgated in 2010. These national legal instruments are compliant with international Challenges and lessons learned human rights standards. However, HRJS was not successful in lobbying against the inclusion of the Many challenges continue to hinder the protection crime of witchcraft in the new penal code. and promotion of human rights in the Central u A validation workshop of the proposed African Republic. These challenges largely revolve legislation on the creation of an Independent around insecurity and humanitarian access, amongst National Human Rights Commission in other constraints. The CAR judicial system suffers compliance with the Paris Principles took place in from a lack of basic infrastructure and human Bangui on 15-16 December 2010. This legislation resources and there are less than 200 magistrates for will be submitted to the new Parliament once it an estimated population of around 4.5 million. resumes its activities. OHCHR will fund the Human rights monitoring in CAR is of primary training of the 31 members of the new importance for human rights promotion and Independent National Human Rights Commission. protection work. However, the inadequate presence u The new draft legislation on the prison system or non-existence of State and local authorities in has taken into consideration the principles set out certain areas of the country has obvious far-reaching in international legal documents. The proposed implications for the operational work of HRJS. legislation will be submitted to the new Parliament for adoption once it resumes its Regarding the building of two prisons as part of the activities. second United Nations Peacebuilding Fund (UNPBF) allocation, discussions with national authorities Ratification (EA2) centred on how best to optimize this project in order u The Government of CAR, in close consultation to link it with the quick impact project on the with the HRJS, ratified ILO Convention 169 on the renovation/rehabilitation of the prisons in Sibut, rights of indigenous and tribal peoples in Kaga Bandoro, Bozoum, Bossangoa and Bimbo led December 2010, consequently paving the way for by the UNDP’s Rule of Law Programme. The HRJS the protection of indigenous people’s rights in has ensured that sufficient space will be reserved in the Republic. the designs of the new prisons for the delivery of
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services and social reintegration programmes to With the discontinuation of MINURCAT’s mandate, address the cultural needs of convicted prisoners. OHCHR developed an exit strategy that included the These programmes may include, but not be limited deployment of a new presence in early 2011, to, vocational training, basic adult education, anger composed, in its first phase, of a Senior Human management, conflict resolution, prevention of Rights Adviser with a minimal support structure. family violence, and parenting. The HRJS will work to ensure that female prisoners will be separated Results from men and housed in a facility managed by trained female staff. National laws, policies and institutions (EA1) u A National Human Rights Action Plan was United Nations Mission in the developed and the regional delegations of the Central African Republic and Chad Ministry of Human Rights are now active in all regions, including the Darsila and Ouaddai Year established 2008 regions. The Section supported the Government Year discontinued 2010 in these important initiatives. u Through regular engagement with law Staff as of 31 December 2010 42 enforcement authorities, human rights officers noted that some of the authorities began Background demonstrating a change in attitude and their responses have changed accordingly when The security situation in eastern Chad was generally applying corrective measures. However, arbitrary stable during the reporting period. Seriously affected use of power remains an issue. by conflict with neighboring Sudan in 2009, the u In 2010, authorities took sustained action on situation improved in 2010, mainly due to the about 40 per cent of reported human rights cases, resumption of diplomatic relations between the as opposed to about 30 per cent in 2009. This countries. Efforts were made by both Sudan and came about through regular monitoring by the Chad to address the issue of the presence of rebels HRS, which routinely engaged with relevant on their respective territories. Eastern Chad authorities, informed them of their responsibilities continued to face serious human rights challenges, and urged them to act decisively on specific including the recruitment and use of children in cases. armed conflict – attributable mainly to elements of the Sudanese group the Justice and Equality Participation (EA5) Movement – and sexual and gender-based violence, u Thanks to training and sensitization sessions, the which remains rampant in refugee camps, internally HRS noted that cases of child recruitment were displaced person (IDP) sites and most communities. increasingly being reported by parents and In addition, arbitrary arrests and illegal detentions members of the community. National authorities were widespread. Most perpetrators of the also demonstrated an understanding of the issue above-mentioned violations were not punished as as evidenced by their call to adequately address it. law enforcement officials were unable, and in some u A rise in victims reporting cases to the Integrated cases unwilling, to take action against them. The Security Detachment was perceived. This was justice system remains weak and State authority is noted in particular in cases related to sexual and absent in several localities in eastern Chad, thus gender-based violence after a series of contributing to the prevalence of impunity. sensitization programmes conducted by the HRS. u Through the initiative and lead of the Section, an The efforts of the Human Rights Section (HRS) of the umbrella group comprising different human rights United Nations Mission in the Central African NGOs was created in Abéché. The members of Republic and Chad (MINURCAT) were largely the group, the Cercle des ONG des Droits de focused on monitoring and reporting on the human l’Homme, are now able to engage in human rights situation, with a particular focus on sexual and rights monitoring and reporting. gender-based violence, child recruitment and the issue of impunity. The Section also gave technical Challenges and lessons learned assistance to the Ministry of Human Rights and the Promotion of Liberties. In order to facilitate collaboration with civil society in the absence of organized and functional local civil The HRS closed on 31 December 2010 following the society organizations (CSOs) with a human rights UN Security Council’s decision to end MINURCAT’s mandate, the HRS developed a strategy wherein mandate, as requested by the Government of Chad. CSOs were organized into a loose federation called
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the Cercle des ONGs des Droits de l’Homme. Through rights to political participation have been this medium, the Section could easily dispense documented throughout the year. In addition, the capacity-building programmes to the members of judicial system suffers from serious deficiencies in different organizations who were part of this group. the south and is inexistent in the north. In addition, this forum created the basis for discussions on the challenges facing CSOs, possible Throughout the course of the year, adjustments had solutions, and ways of minimizing duplication to be made to some of the planned activities to between organizations while maximizing output. better respond to the actual situation. The unpredictable political environment linked initially to At the end of this process, the Section organized a the uncertainty about the dates of the presidential training of trainers for 14 members of this federation elections adversely affected the willingness of State of organizations. The topics included human rights institutions to engage with the United Nations notions and principles, techniques in human rights Operation in Côte d'Ivoire’s (UNOCI) Human Rights monitoring, reporting and documentation, and the Division (HRD) and impacted on the ability of the design and implementation of human rights training.© IRIN/Siegfried Modola Division to implement many of its programmed This strategy has proven to be very helpful, activities. Once the date of the 2010 presidential especially in areas where there is an absence of large elections had been set, a priority elections-oriented functional human rights NGOs. plan had to supersede other planned activities. Accordingly, the HRD implemented a strategy on United Nations Operation in Côte d’Ivoire human rights and elections which included the development, printing and dissemination of Year established 2004 guidance materials, the training and sensitization of national State and civil society actors as well as Staff as of 31 December 2010 52 advocacy programmes, with a view to ensuring respect for human rights in the electoral process. Background Results Despite the tremendous efforts exerted in 2010, human rights violations continued in Côte d’Ivoire, National laws, policies and institutions (EA1) both in the Government-controlled south and u In a bid to promote women’s rights and gender rebel-controlled zones known as the “zones CNO”. equality, the HRD consistently monitored and Cases involving extrajudicial killings, arbitrary arrests documented violations. Daily, weekly, monthly and detention, racketeering, destruction of basic and periodical public reports were produced and social services, female genital mutilation, trafficking, shared with national and international rape, obstruction to freedom of movement, and stakeholders, and advocacy campaigns were © UN Photo/Basile Zoma
Ivorians take part in a campaign for peaceful elections.
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conducted with national authorities to ensure that Civil society engagement with human rights perpetrators of human rights violations were mechanisms (EA7) prosecuted. In 67 of the reported cases, u As a result of the HRD’s capacity-building perpetrators were tried before competent courts activities, more than 10 Ivorian NGOs submitted a in the Government-controlled zones. contribution to the Human Rights Council when Côte d’Ivoire was examined by the Council in the Participation (EA5) context of the UPR process. u The first round of the 2010 presidential election was held with no major human rights violations Challenges and lessons learned and the campaigning and voting were qualified by all observers as credible, free and fair. The With a view to strengthening human rights HRD contributed to this by conducting human documentation and response in the context of the Côte rights awareness campaigns for the public and d’Ivoire post-electoral violence, UNOCI established an by sensitizing rights-holders about their rights Integrated Human Rights Monitoring and Investigation during elections. It facilitated the establishment Task Force comprising 98 human rights experts drawn of an umbrella organization of pro-democracy from its HRD, 10 other UNOCI military, police and and human rights groups and established a call civilian components and four agencies of the UNCT in centre to provide access to victims of human Côte d’Ivoire. The Task Force is organized into 12 field rights violations to a reporting/response teams deployed across the country, with higher mechanism. Members of the National Human concentrations of staff in areas with the highest level Rights Commission, the Independent Electoral and/or intensity of reported violations. For easy access Commission, local authorities and the security to and contact with victims, their families and forces participated in the HRD’s trainings. communities, the Task Force established a 24-hour Unfortunately, this achievement was soon “Green line” through which violations can be reported. overshadowed by the political standoff On average, 300 calls per day are received on this line. between the two contenders for the With the high number of incoming calls, the call centre Presidency, leading to a rapid deterioration in was established to provide more lines and 24-hour call security and the humanitarian and human answering. For the week of 24 December 2010 through rights situation in the country. 4 January 2011 alone, 2,298 calls were received. u Members of NGOs were trained in human rights advocacy, investigation, monitoring and With the dispatch of a mixed team into the field, the reporting. More than 20 human rights reports HRD was able to document some of the cases of were issued by various NGOs on the human violations and go about trying to reassure the rights situation in Côte d’Ivoire. population. However, the worsening security situation resulted in attacks against United Nations State engagement with human rights staff and vehicles, and prevented the teams from mechanisms (EA6) operating as planned. u Côte d’Ivoire submitted its combined initial to third periodic reports of States Parties under the Considering the amount of calls received by the call Committee on the Elimination of Discrimination centre as well as the content of the information against Women (CEDAW) in June 2010. The HRD reported, it is clear that the call centre has proven to contributed to the process with comments and be an excellent tool for monitoring the general technical advice. human rights situation. Through the centre, allegations can be documented in a timely manner and in some cases prevented through the immediate dispatch of police patrols.
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African Union-United Nations Hybrid Human Rights (ACHR), to address and discuss Operation in Darfur human rights violations trends and concerns. Of the 10 human rights violations cases raised by the Year established 2008 section, six were responded to positively by the Government, and in some cases detainees were Staff as of 31 December 2010 189 released. u The two trainings for judges that took place in Background early 2010 resulted in a judge quashing a case that was entirely based on a confession that was Throughout 2010, clashes between Government procured under torture – the defendant was an forces and the armed movements in Darfur, as IDP camp resident. well as inter-tribal violence, continued to cause a u Some 132 monitoring/fact-finding missions to significant number of deaths and displacements specific areas, and field visits to IDP camps, were among the civilian population. Fighting intensified undertaken in the three States of Darfur, with a from May 2010 when the dominant rebel group, view to establishing reported cases of human the Justice and Equality Movement, announced its rights violations and addressing them through withdrawal from the Doha peace process. Against UNAMID mechanisms. The monitoring work this backdrop, a general breakdown in law and resulted in more frequent patrols within IDP order provided a fertile ground for opportunistic camps and regular firewood collection patrols. criminality and banditry. Humanitarian space shrunk considerably due to continuing lawlessness Justice and accountability mechanisms (EA3) and abductions of UN peacekeepers and aid u The Section’s advocacy on the promotion of workers while women and girls, mostly from accountability resulted in three separate internally displaced persons (IDP) camps, Commissions of Inquiry being set up by the continued to be vulnerable to sexual and Acting Wali (Governor) of South Darfur in April gender-based violence (SGBV), usually 2010, to enquire into two tribal conflicts and an perpetrated by men in military uniforms. The altercation between the Sudan Peoples' Liberation persistent climate of impunity in the region Movement (SPLM) and the Rezeighat in a South remains the key contributing factor to many of Darfur locality. these acts of violence and criminality. u The Section’s collaboration with the National Unit for Combating Violence against Women and the The African Union/United Nations Hybrid Operation three State Committees on the subject, as well as in Darfur (UNAMID) Human Rights Section’s (HRS) the training activities on Human Rights and capacity-building activities continued to be Criminal Investigation Procedures vis-à-vis SGBV, hampered by the volatile and unstable security resulted in a slight increase in the reporting and environment in Darfur, which limited the movement filing of SGBV-type cases with the GoS police. of human rights monitors. Nonetheless, the HRS was The training targeted State actors, such as GoS actively involved in mainstreaming human rights in police, medical personnel, and prosecutors, and, the Darfur mediation process, in particular by as non-state actors, IDP women. providing support to the participation of civil society u Three Darfur States’ Sub-Forums for Human in the Doha Peace Talks. Rights were established in early 2010 thanks in part to UNAMID Human Rights co-chairing the Results Darfur Human Rights Forum with the ACHR. The Human Rights Sub-Forums provide a National laws, policies and institutions (EA1) platform for dialogue and follow-up on human u The Darfur Peace Agreement is fundamentally rights issues between UNAMID Human Rights human rights-based and justice oriented. The and the local authorities in the three Darfur Office contributed to this through its consultation States. Membership includes representatives from and awareness-raising efforts, including two the police, judiciary, State prosecutors and UN workshops on transitional justice for civil society agencies. and media representatives as well as through the provision of technical advice and inputs to the Participation (EA5) Joint Chief Mediator/Joint Mediation Support u The Section has been able to facilitate civil Team and UNAMID senior leadership. society organization (CSO) participation in the u The Section engaged in face-to-face advocacy Doha Peace Talks and the up-coming Darfur meetings with Government of Sudan (GoS) Political Process, including participation in the officials, particularly with the Advisory Council of traditional reconciliation processes.
134 OHCHR REPORT 2010 © UN Photo/Albert Gonzalez Farran
Women from an IDP camp in North Darfur set off to collect firewood. u The HRS conducted awareness-raising activities system-wide working groups. This resulted in with communities on civil and political rights in improved integration and the mainstreaming of a relation to the elections, integrated into the human rights-based approach in the work of the Section’s planned training programmes. These United Nations in Darfur. activities contributed to awareness amongst the people of Darfur of their responsibilities, and that Challenges and lessons learned of the Government, in relation to elections. It also contributed to less violence during the An area of work that UNAMID has been engaged in campaigning, voting and post-voting period. is the Darfur peace process (Doha Peace Talks) even u Awareness-raising initiatives such as the holding though this was not in the HRS’s work plan. The of SGBV workshops in West Darfur, the Section monitored and actively engaged in the development and installation of 60 SGBV-related Darfur peace process, particularly to ensure that a billboards at 11 strategic locations around South human rights-based approach was implemented in Darfur, and the development and production of the planning and organization of the talks. 5,000 leaflets on the mandate, role and services of the Family and Child Protection Units, have The HRS’s contribution was appreciated and well also contributed to the empowerment of women received to the extent that human rights officers were and to the rise in the number of SGBV cases that deployed to assist in the mediation process, providing are reported. technical advice to the Mediator on mainstreaming human rights concerns in the process. The HRS also State engagement with human rights organized and supported the participation of CSOs in mechanisms (EA6) the process. The added value of the HRS’s role in the u The Section worked to ensure that civil society in Doha peace talks included the wealth of technical Darfur submitted a report towards the UPR knowledge and information on human rights and process. To this end, West Darfur submitted a protection issues in Darfur that the human rights team report in the last quarter of 2010. The provided in the drafting of agreements between the Government of Sudan also submitted its UPR parties to the conflict. report in 2010, to be tabled at the Human Rights Council in May 2011. The Section eventually became an active facilitator of the process vis-à-vis ensuring the inclusion of a Human rights mainstreaming within the United human rights-based approach, as well as the Nations (EA11) integration of rights and justice notions into a draft u The HRS provided relevant human rights advice agreement prepared through the mediation. on elections, protection, SGBV, child protection, Unfortunately, the agreement was not signed as rule of law, security, and humanitarian action planned and it remains unclear when talks will through various UNAMID and United Nations resume.
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United Nations Joint Human Rights Office in the Democratic Republic of the Congo
Year established 1996 (as a stand-alone office) and 2008 (integration with the Human Rights Division of DPKO) Staff as of 31 December 2010 101
Background
The human rights situation in the Democratic Republic of the Congo (DRC) continued to be of grave concern during 2010. Despite the renewed © UNHCR/P. Taggart commitment of the Government to improve the Congolese women in North Kivu, Democratic Republic of the Congo. human rights situation throughout the country, its efforts remained limited and little progress was On 1 October 2010, OHCHR released the Mapping observed in the field of the structural reforms that Report on the most serious violations of human are essential for achieving positive change. The rights and international humanitarian law committed situation is still particularly worrying in the eastern in the DRC between 1993 and 2003. The report also part of the country, where the United Nations Joint examines various options for overcoming the Human Rights Office (UNJHRO) continued to enormous obstacles posed by dysfunctional document grave violations of human rights and institutions, to enable the provision of truth, justice, international humanitarian law by the national reparation and reform for millions of victims of security forces and illegal armed groups, mainly the human rights violations. Democratic Liberation Forces of Rwanda (FDLR) and the Lord's Resistance Army (LRA). In the provinces Results of Kivus and Orientale, all armed groups continued to commit serious violations against civilians, National laws, policies and institutions (EA1) including murders, sexual violence, looting and u UNJHRO contributed to ensuring increased abductions. Despite the efforts to combat impunity compliance with international human rights for sexual violence, this phenomenon persists and standards by the (civil and military) judiciary rape continues to be widespread as a weapon of war through intense advocacy, public relations by all parties in conflict. Over 350 civilians were programmes, training and the provision of raped in the Walikale territory, North Kivu technical support to judicial actors. UNJHRO Province, by a coalition of armed groups over just provided support for the elaboration of a draft a few days at the end of July and beginning of code on professional ethics for magistrates and August. The year 2010 was also marked by new helped to improved the knowledge of judicial threats and acts of violence against human rights actors on past and present human rights violations defenders, journalists and political opponents. by supporting judicial investigations and holding The killing of one of the most prominent “commissions rogatoires”, as in the cases of five Congolese human rights activists in June, is officers of the Armed Forces of the Democratic illustrative of this trend that is likely to worsen as Republic of the Congo (FARDC) who were accused elections approach. of rape and other serious human rights violations. u On 4 April 2010, the Senate adopted the draft UNJHRO contributes to ending impunity for the Law on the Criminalization of Torture, which above-mentioned violations by inter alia makes the practice an offence in its own right conducting investigations, including joint and provides for severe penalties. However, the investigations with the Congolese military and civil text has not yet been adopted by the National authorities; issuing public reports; participating in Assembly. UNJHRO continues to advocate with Joint Protection Teams; conducting human rights parliamentarians for the approval of the Law. On training and awareness activities throughout the 23 June 2010, two directives containing measures country; engaging in advocacy with different designed to help combat torture and death in stakeholders; and strengthening the capacity of detention were signed by the Military Attorney and providing support to national judiciary General and addressed to the Military partners to enhance access to justice for victims. Prosecutor’s offices within the country.
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u Investigations by judicial authorities are ongoing Inter-ministerial Working Group for the and a Mai-Mai Cheka leader was detained in preparation of reports was reactivated and trained connection with the events that took place in on human rights protection mechanisms. 13 villages on the Kibua-Mpofi axis, Walikale territory, North Kivu Province, between 30 July Responsiveness of the international community and2August.UNJHROprovideddetailed (EA10) information on the events and established that at u The latest UN Security Council resolution least 387 people, including 300 women, 23 men, (SCR1925) on the DRC gives an important 55 girls and nine boys, were raped by a coalition emphasis to human rights priorities and of armed groups, including the FDLR and the demonstrates an increased understanding among Mai-Mai Cheka. the international community of the key role u Parliamentarians, relevant ministries, and human rights issues play in the DRC. The representatives of NGOs and the private sector monitoring and reporting on human rights issues were given training in the human rights conducted by the Section was a major implications of the illegal exploitation of natural contribution to this result. resources, leading to increased awareness on the matter. The workshops were organized by Human rights mainstreaming within the United UNJHRO in collaboration with the International Nations (EA11) Conference for the Great Lakes Region. u The setting up of two mechanisms for the protection of civilians, namely the Joint Justice and accountability mechanisms (EA3) Investigation Teams and the Joint Protection u On 1 October 2010, the High Commissioner for Teams, is an important achievement in the Human Rights issued the report of a mapping integration of human rights standards within the exercise that documented serious human rights United Nations mission and the UN Country violations committed in the DRC between 1993 and Team. UNJHRO has been playing a prominent 2003. After the release of the report, the Minister of role in leading these teams and has strengthened Justice and Human Rights indicated in a press its contribution to the teams in eastern DRC by release that the Government of the DRC is in favour setting up a project through which a team will of the establishment of specialized chambers of work exclusively on MONUSCO’s mandate to mixed character within Congolese jurisdictions to protect civilians. judge internationally recognized crimes.
Participation (EA5) u The use of the legal system by victims has been encouraged by providing guidance to victims on their basic rights; facilitating the relocation of victims, witnesses and alleged perpetrators; supporting investigations (Joint Investigation Teams); training NGOs on judicial assistance to victims; and establishing a protection scheme for witnesses, victims and those assisting them. In addition to the 10 legal clinics already operating in the east of the DRC, 12 new legal clinics are expected to be established in 2011. Despite the inexistence of reliable statistics, an increased use of the legal system by the victims was observed, particularly in the context of sexual violence. In line with this, there was an increase in the number of convictions on cases related to sexual violence.
State engagement with human rights mechanisms (EA6) © Gween Dubourthoumieu u Support was provided to the follow-up of recommendations made by the UPR and other UN human rights mechanisms in recent years The UNJHRO launched a six-month awareness campaign to tackle through the facilitation of a working session on impunity on sexual violence in thirteen localities in Katanga Province with the motto "Sexual Violence, Break the Silence". Image their categorization and prioritization. The from one of the workshops.
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Challenges and lessons learned payments and the need for social rights to be respected. The extreme dependence on the Combating sexual violence continues to be one of the international community for budgetary support and main challenges and priorities of the Office. To address for the implementation of crucial public this issue of concern, on 3 February 2010 UNJHRO administration, justice and security sector reform launched a six-month awareness campaign to tackle increases the country’s vulnerability. By the end of impunity connected to sexual violence in 13 localities 2010, Guinea-Bissau had received debt relief from of Katanga Province under the motto “Sexual Violence, the International Monetary Fund. Break the Silence!”. The Office also continued to contribute to the promotion and protection of women’s The Human Rights and Gender Section was created rights through its Nationwide Access to Justice of in January 2010 with the establishment of the new Victims of Sexual Violence Programme, which is geared mission. It focused on mainstreaming human rights towards fighting impunity. and gender in national planning and strategic documents as well as ensuring a human rights-based The publication of the Mapping Report and its approach in UN and Government programmes. In recommendations served as a starting point for 2010, the Section helped to reinforce the commitment, discussing mechanisms for transitional justice in the awareness and technical capacity of national DRC in order to address the serious crimes counterparts in the promotion and protection of documented in the report and break the cycle of human rights and the rule of law, and strengthened impunity. The report enhanced the profile of the coordination among national stakeholders engaged High Commissioner and the visibility of OHCHR in in human rights protection and gender equality. the context of the fight against impunity and the establishment of transitional justice mechanisms in Results the DRC. Sustained interaction with other parts of the UN Secretariat, including the Department of National laws, policies and institutions (EA1) Peacekeeping Operations (DPKO) and the u Detention conditions in Bissau, particularly those Department of Political Affairs (DPA), helped to affecting children and women, improved as a mainstream human rights throughout the UN system result of regular monitoring, advocacy and the and enhanced general understanding of the added provision of technical advice. The Section’s value of public reporting on human rights. activities also led to the release of persons who had been arbitrarily detained. u With the support of the Section, a draft law on United Nations Peace-building Support domestic violence, human trafficking and Office in Guinea-Bissau reproductive health was formulated, which is currently being discussed and may be approved Year established 1999 (as the Human in 2011. Rights Section of u A National Plan of Action and a Steering UNOGBIS; as an Committee for the implementation of UN Security integrated mission since 2010) Council resolution 1325 were developed in conjunction with the technical and financial Staff as of 31 December 2010 13 support of the Section. The Steering Committee is made up of representatives from the Background Government, NGOs, security and defence institutions and the United Nations. Several consecutive years of political instability with u Gender was mainstreamed in all Security Sector frequent military interventions, alleged drug Reform (SSR) efforts of the Government, trafficking, organized crime, impunity and the collapse including in the Vulnerable Person's Unit. It is of State institutions and social services combined to expected that by 2011, human rights and gender worsen the country’s overall situation and contributed will be integrated in all SSR structures. to its deteriorating human rights record. Ratification (EA2) Extreme poverty, massive unemployment and rising u In November 2010, the Government ratified two food and fuel prices have had a negative impact on key human rights treaties – the International the economy, especially on the purchasing power of Covenant on Civil and Political Rights (ICCPR) the majority of the population. Demonstrations and and the Convention against Torture (CAT) as a strikes have taken place in reaction to the increased follow-up to the recommendations received by prices of basic food and commodities, delayed salary the country through the UPR.
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State engagement with human rights United Nations Mission in Liberia mechanisms (EA6) u Support was provided by the Section to the Year established 2003 Ministry of Justice in the preparation of the Staff as of 31 December 2010 46 Guinea-Bissau human rights report that was submitted to the Human Rights Council in connection with the UPR. The Section and the Background UN Country Team actively participated in the preparations for and follow-up to the UPR Liberia made progress in addressing human rights recommendations. The level of awareness raised concerns in 2010. Some of its achievements included among national partners on the outcome of the the submission of its UPR national report, the UPR exercise helped to ensure that they were establishment of the Independent National engaged in supporting its implementation. Commission on Human Rights (INCHR) and key u Guinea-Bissau submitted its report for the ministries adopting a human rights-based approach Committee on the Elimination of Discrimination in their programming. Key remaining challenges in against Women (CEDAW) in 2010. The section Liberia include barriers to criminal justice that impact provided technical advice in the preparation of on the administration of justice and people’s access the report and attended constructive meetings to it; violence against women and girls, particularly with the State’s representative on this matter. sexual violence and female genital mutilation; and limited access to education and healthcare. Human rights mainstreaming within the United Nations (EA11) Some provisions of the constitutional framework and u The UNCT integrated gender and human rights aspects of the legal framework exacerbate perspectives into the United Nations discrimination, a situation that is made worse by Development Assistance Framework (UNDAF) inadequate State structures outside Monrovia and the and Poverty Reduction Strategy Paper (PRSP). main county towns. The majority of Liberians are The Section provided input to the elaboration of unable, because of poverty or location, to access these documents and advocated for the formal justice systems. The Constitution contains integration of gender and human rights provisions that protect human rights, including the perspectives into them. recognition of the rights of suspects and detainees and the right to an effective remedy, but in practice Challenges and lessons learned few Liberians understand or can afford access to such remedies. Aside from the criminal justice The establishment of a new National Human Rights system, other remedies, particularly those that should Commission in 2008 is indicative of the will of the hold public officials accountable for human rights Government to engage in establishing a human violations, are weak or non-existent. rights protection system. Efforts are being made to ensure that the Commission’s statute is in accordance The Human Rights and Protection Section (HRPS) of with the internationally recognized standards for the United Nations Mission in Liberia (UNMIL) national human rights institutions, and this will continued to monitor the human rights situation and require further monitoring by the Human Rights and engage relevant authorities, focusing efforts on Gender Section in the coming year. building sustainable national capacity to protect human rights. The Section supported civil society organizations (CSOs) and the newly-created INCHR, and engaged in data collection for a national human rights action plan (NHRAP). The Section also worked to ensure the sustained application of human rights standards in the operations of businesses and within the security and law enforcement sectors.
Results
National laws, policies and institutions (EA1) u Human rights training for the Liberian National Police (LNP) has been institutionalized and is now a standard module for all new recruits in the curriculum of the Police Academy. The HRPS also
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continued its follow-up work by conducting two work plan, organized and ran three regional assessment workshops to review the progress consultations on human rights involving and activities of 23 LNP and Bureau of participants from all of Liberia’s 15 counties, and Immigration and Naturalization trained trainers, organized a national validation workshop for the helping to resolve any obstacles they faced in the final draft report, submitted in August 2010. The field and initiating discussions on incorporating Government of Liberia led the entire regional and ongoing monitoring into their daily work. The central planning, consultation and writing Section also continued to provide technical process. Civil society organizations were involved support and advice to a core group of 18 Armed throughout, and a coalition of Liberian CSOs Forces of Liberia (AFL) human rights trainers. submitted a UPR stakeholder report. u Following long delays, the INCHR was established in September. The Commission is still Human rights mainstreaming within the United in the early stages of its set-up and has yet to Nations (EA11) develop a strategic plan. The Section started to u An international consultancy funded by the build the knowledge and capacity of the Section found that clearly defined human rights commissioners by providing two trainings in the principles are incorporated into the United last quarter of the year. Nations Development Assistance Framework u In the context of developing Liberia’s NHRAP, the (UNDAF) and the Poverty Reduction Strategy Section provided technical support for three (PRS). Additionally, disaggregated human rights major data collection and analysis initiatives in indicators have been defined and are being used 2010: the Core Welfare Indicators Questionnaire, by the UNDAF Monitoring and Evaluation and the National Labour Force Survey, and the PRS tracking programme. National Human Rights Survey, which sets a baseline for NHRAP monitoring and has a specific Challenges and lessons learned focus on gender issues and women’s rights. The Section also provided technical support to the Liberia’s initial UPR was a genuinely nationally led Disabilities Task Force and helped in the process. The UPR was regarded as being part of a production of an Issues Paper on People with wider process of constructive national engagement Disabilities, also intended to feed into the NHRAP with the analysis, monitoring, resolution and and all Government planning and reporting of human rights issues, and not simply as a implementation. There is a clear link between the one-off requirement to be met. One potential UPR recommendations and the NHRAP. obstacle to UPR follow-up that emerged is the lack u The Section provided technical assistance to the of funds for finalizing the analysis of the data that National Investment Commission (NIC), which was gathered alongside the UPR process. led to the development of the NIC Business and Human Rights Ten Principle Framework and At the quarterly review point, when HRPS reassessed Concession/Investment Agreement Model. the earliest possible establishment date for the INCHR, funds allocated to the Commission were Justice and accountability mechanisms (EA3) switched to field projects aimed at empowering u The final policy draft of the National Health national CSOs and building their capacity to monitor, Promotion Policy Working Group has been report and advocate for improvements in the level of validated, with the support of HRPS. It seeks to compliance with human rights principles, and raise ensure that health promotion interventions will human rights awareness in local communities. Fifty be guided by a human rights-based approach. local-level projects were implemented. Supplemented by a workshop for 28 CSOs from 14 State engagement with human rights counties, these activities laid the foundation for mechanisms (EA6) partnership with, and support for, county-based u The Section provided technical advice for the human rights defenders who can in the future work UPR consultation and drafting process. With this both independently and support the work of the support the UPR drafting subcommittee held INCHR to ensure nationwide understanding of the monthly meetings, devised and implemented a Commission and access to it.
140 OHCHR REPORT 2010 OHCHR IN THE FIELD: AFRICA
United Nations Integrated Peace-building Office in Sierra Leone
Year established 1998 Staff as of 31 December 2010 8
Background
Sierra Leone has made progress in building its capacity to promote and protect human rights. An active multi-party democracy has evolved and the enactment of some crucial laws in the fields of the rights of women and children has improved the
ability of the legal framework to protect the rights of © OHCHR vulnerable peoples. However, customs and traditions Celebration of Human Rights Day in Freetown, Sierra Leone. still promote harmful practices (e.g. female genital mutilation) and discrimination that bars the full the Truth and Reconciliation Commission implementation of these laws. Socio-economic recommendations was organized by the Human conditions remain extremely challenging and Rights Commission of Sierra Leone in financial and capacity constraints limit the ability of collaboration with OHCHR. As a result of this human rights institutions to comply with their tasks. conference, a forum for Government, national These constraints also have a negative impact on the and international stakeholders was created to administration of justice, creating room for impunity. assess the status of implementation of the The constitutional review process has been delayed recommendations and identify challenges. and crucial recommendations made by the Truth and Reconciliation Commission (TRC), including the Access to justice and basic services (EA4) abolition of the death penalty, are yet to be u The HRS was a member of the task force that implemented due to problems in meeting financial formulated the National Action Plan on UN requirements and a lack of political will. The Security Council resolutions 1325 and 1820, upcoming 2012 elections represent one of the major which was launched in March 2010. All five challenges that the country still has to face. pillars of the Action Plan are a direct response to the provisions of the UN Security Council OHCHR has been involved in Sierra Leone since 1998 resolutions. The HRS also contributed financial as part of successive United Nations missions, support for the official launching of the Plan, including that of the current United Nations Integrated took part in the regional and national Peace-building Office in Sierra Leone (UNIPSIL). consultative forums and gave technical support for the development of the monitoring Results indicators. u The capacity of the Family Support Unit of the National laws, policies and institutions (EA1) Sierra Leone Police to deal with domestic and u The Human Rights Section (HRS) of UNIPSIL gender-based violence cases was increased developed a curriculum on human rights and through targeted work conducted by the HRS. gender issues for the training of 7,200 members u A human rights-compliant disability bill was of the various security forces. The curriculum has tabled in Parliament and the House reached a been incorporated into the training of police, fire consensus on it. The Bill is currently at the services, prison officers, the Office of National legislative committee for final perusal. The HRS Security and the army, and it is now part of the gave technical support to civil society programme for future training. A handbook for organisations (CSOs) during consultations and the Sierra Leone Security Sector was also advocated for the enactment of the Bill. It also produced as a result of the initiative, and organized jointly with the Human Rights included a chapter on human rights and gender. Commission a national consultative conference with high-level participation and hosted a Justice and accountability mechanisms (EA3) pre-legislative discussion on the Persons with u In October 2010, a 2nd National Consultative Disability Bill for members of the Legislative and Conference on the Status of Implementation of Human Rights Parliamentary Committees.
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State engagement with human rights mechanisms (EA6) u The HRS provided logistic and consultancy support to the Human Rights Secretariat at the Ministry of Foreign Affairs and International Cooperation in its work on treaty reporting and the UPR. It also provided technical support for the validation of the Common Core Document and supported the Secretariat in conducting four regional workshops for the preparation of the State report to the UPR. As a result, in 2010 the Secretariat has been able to almost complete the drafting of the State report for the UPR and has plans to work on the International Covenant on Civil and Political Rights (ICCPR) report. Civil society organizations were also provided UPR-related information and supported in
the development of their reporting strategies. This © OHCHR ledtotheHumanRightsCommissionandCSOs The Deputy High Commissioner, Kyung-wha Kang, met with submitting their reports on time. victims of the conflict in Somalia.
Human rights mainstreaming within the United United Nations Political Office in Somalia Nations (EA11) u UNIPSIL and the UN Country Team agreed on a Year established 2008 UN Joint Vision strategy with 21 programmes that Staff as of 31 December 2010 9 includes a major programme on Access to Justice and Human Rights, indicating an increased awareness amongst UN agencies in Sierra Leone Background of the need to use a human rights-based approach in their programming. In 2010, the armed conflict between African Union Mission for Somalia (AMISOM)-backed Transitional Challenges and lessons learned Federal Government (TFG) forces on the one hand and Al-Shabaab and Hisb’l Islam on the other Although there is now a stable central Government continued to threaten the right to life in Somalia and with power decentralized through local district caused violations of civil, cultural, economic, councils, politics is still fragmented along regional and political and social rights on a large scale. Impunity ethnic lines with the manifestation of political for human rights violations remains widespread. intolerance becoming more prevalent. Emerging Death or injury resulting from crossfire, mortar political violence ahead of the 2012 elections; capacity shelling, suicide bombings, improvised explosive constraints on the police and justice; corruption; devices, displacement, reduced access to youth unemployment; and tackling gender imparity humanitarian assistance and increased sexual and are the remaining key challenges to the protection of gender-based violence are daily realities for civilians human rights and the consolidation of peace. living in zones of conflict in Somalia. Protection and coping systems have largely fallen apart. Grave There is always a need to harmonize the mandate human rights abuses committed by Al Shabaab and and priorities of UNIPSIL with the OHCHR annual Hisb’l Islam in southern and central Somalia include work plan. On top of that, coordination with other child recruitment, summary executions, amputations, UN actors is good but at the same time requires flogging, arbitrary detention and torture, threats and additional efforts to avoid overlap. In this sense, for intimidation. Two teenage girls accused of spying example, the United Nations Development were among those executed. Programme (UNDP) has an Access to Justice and Human Rights Project that covers the same areas as A call for greater resolve from the international the HRS. It was therefore agreed that while UNDP community in addressing the human rights and will focus more on rule of law and access to justice, humanitarian crisis was voiced by the Deputy High the HRS will take the lead in human rights matters Commissioner (DHC) when she visited Somalia in (including working with the National Human Rights September 2010. Missions to Somalia by special Institution), international treaty reporting, monitoring procedures mandate-holders, such as the Special and capacity-building. Representative of the Secretary-General on children
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in armed conflict and the Independent Expert on the from the Somali authorities for the provision of situation of human rights in Somalia, facilitated by technical assistance to the TFG for the review of OHCHR-Somalia and the United Nations Political Somalia by the UPR Working Group in May 2011. Office for Somalia (UNPOS), provided the Somali authorities and other actors with practical and Civil society engagement with human rights action-oriented recommendations, while at the same mechanisms (EA7) time drawing the attention of the international u The Human Rights Unit at UNPOS strengthened community to the grave human rights situation in the links with human rights defenders, and country. conducted briefings in Uganda, Somaliland, Puntland, Nairobi and Geneva on the UPR Results process, thus contributing to the timely presentation of 26 submissions from civil society National laws, policies and institutions (EA1) to the UPR. u Despite the unstable situation, encouraging results were achieved in the Constitution-drafting Human rights mainstreaming within the United process – part of the 2008 Djibouti Agreement – Nations (EA11) with the publication of a consultative draft and u UNPOS and OHCHR’s advocacy for the the launching of civic education activities in July. protection of civilians in the armed conflict In May, OHCHR-Somalia’s deployment of a rule contributed to a dialogue between UNPOS, of law expert to guide the Independent Federal AMISOM and TFG forces on the need to limit Constitution Committee contributed to the harm to civilians. The UN/AMISOM Working incorporation of human rights provisions in Group on the Protection of Civilians was created Somalia’s draft Constitution. as a preventive mechanism. u The Human Rights Unit at UNPOS supported the planning phase and inception of human rights Challenges and lessons learned commissions in Somaliland and Puntland. At the request of the regional authorities, OHCHR Somalia remains a difficult environment in which to commented on the draft legislation establishing operate. The Human Rights Unit at UNPOS has the Somaliland Human Rights Commission. Most encountered a number of challenges in the of the comments were taken on board. implementation of its mandate, including, inter alia, u The Human Rights Unit at UNPOS collaborated a rapidly deteriorating human rights situation; a with UNICEF to advocate for the end of the difficult security environment with most of Somalia recruitment of child soldiers. Child recruitment is under security phase IV or higher; its location in now included in the agenda of the Joint Security Nairobi, forcing it to implement its activities Committee, which is composed of representatives remotely; political divisions within the TFG for most of the TFG and the international community and of 2010 depriving the Unit of a stable and clear responsible for the implementation of the security governmental interlocutor; and severe staffing arrangements under the Djibouti Agreement. A shortages. This affected the implementation of the National Focal Point for Child Protection and work plan for Somalia as laid out in the 2010 Human Rights was named by the Prime Minister. country note.
State engagement with human rights The TFG appointed a Human Rights Focal Point in mechanisms (EA6) 2009 who served in this capacity until the u The Somali authorities actively participated in the Government was dissolved as a result of the internal high-profile stand-alone interactive dialogue on political crisis in 2010. A new Human Rights Focal assistance to Somalia in the field of human rights, Point was appointed in November 2010. In the conveyed by the Human Rights Council (HRC) unstable and constantly changing context of Somalia, and organized by OHCHR on 29 September 2010. close cooperation and consultation with the Focal The dialogue provided the HRC with a new Point, other Government representatives and the format for addressing country-specific human Permanent Mission of Somalia to the UN is critical to rights situations and also led to a formal request advancing the human rights agenda.
OHCHR REPORT 2010 143 © UN Photo/Tim McKulka
Sudanese people celebrate the 5th anniversary of the Comprehensive Peace Agreement.
United Nations Mission in Sudan feuding communities or as a result of fighting between civilians and security forces. Year established 2005 The United Nations Missions in Sudan’s (UNMIS) Staff as of 31 December 2010 102 Human Rights Section (HRS) continued to support and strengthen the capacity of key State actors – Background including the Southern Sudan Human Rights Commission (SSHRC), administration of justice actors The political and human rights context in the Sudan and civil society organizations – to promote and in 2010 was dominated by national elections in April implement international human rights principles. In and preparations for the referendum on Southern the context of the elections, the Section focused Sudan. These events formed the last and most critical largely on public awareness campaigns and trainings stages of the Comprehensive Peace Agreement on political rights and freedoms with a view to (CPA). While the elections were welcomed as a key drawing lessons for the referendum. step towards the democratic transformation of the country, the anticipated expansion of political space Results did not materialize. The post-election and pre-referendum period was characterized by political National laws, policies and institutions (EA1) aggression with a deteriorating environment for civil u The level of technical assistance the Section gave and political rights, including arrests of political and to the SSHRC was strengthened in 2010, along human rights activists and restrictions on press with the level of its collaboration with the freedom. Commission. An international consultant was assigned to work closely with the Commission to In Southern Sudan, inter-communal violence, fuelled finalize the draft Internal Rules and Regulations by arms and political spoilers, continued into 2010 as and draft Complaints Handling Mechanism ethnic groups fought over scarce resources and documents. Final approval from the SSHRC is settled scores that a weak judicial system was unable pending. The Section also supported the to remedy. By the end of October, more than 900 Commission through joint monitoring, capacity- people were reported killed and over 200,000 had building and advocacy activities in all locations been displaced, either through clashes between where the SSHRC had a presence.
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u The completion and printing of the Human Rights The Section supported a visit by the Independent Training Manual for the Southern Sudan Police Expert on the situation of human rights in the Sudan Service (SSPS) was a major milestone. Some 400 in January 2010. No further visits by the Independent copies were printed and distributed to the police. Expert or other special procedures mandate-holders The manual was piloted in training of trainers were made in 2010. The Government remains courses in four locations in Southern Sudan sceptical about engagement with special procedures. (Bentiu, Bor, Juba and Torit), and one location in Collaboration with the National Security Service the Transitional Areas (Damazin). The manual (NSS) has been more difficult. The NSS Act 2010 will be used as a point of reference for additional stipulates a mandate contrary to the role foreseen for training sessions to be implemented by the HRS the NSS in the CPA and the Interim National in 2011. Constitution of 2005, and poses a number of human u With regard to the promotion of women’s rights, rights concerns. Against this background, the drafting UNMIS Human Rights provided technical of a human rights training manual for the NSS has assistance to the Unit on Combating Violence been discontinued and training for the NSS delayed against Women and Children. It assisted the Unit until 2011. The Section continues to observe human in the preparation of its annual work plan and in rights violations committed by the police and activities supporting the plan’s implementation. security agencies. The work plan is in compliance with international standards and has been approved by the relevant governmental ministry. Human Rights Advisers to UN Offices State engagement with human rights and Country Teams mechanisms (EA6) u On the UPR process, the Section provided Great Lakes Region (Bujumbura, Burundi) comprehensive training sessions in 24 locations to all the relevant entities involved in the process, Year established 2009 namely the Government of National Unity and the Government of Southern Sudan, the SSHRC, Staff as of 31 December 2010 1 the UN Country Team and other stakeholders, including civil society. The State’s report is Background expected to be submitted on time. The situation in the Great Lakes region has for a Human rights mainstreaming within the United long time been marked by weak governance and the Nations (EA11) absence of the rule of law, policies of exclusion and u The Section set up a “UN – Civil Society” forum marginalization, sexual violence and entrenched in Khartoum to enhance interaction and impunity. These factors are the source of continued collaboration between the United Nations and instability in many countries of the region. civil society on human rights issues in the Sudan. OHCHR’s role has been to cooperate closely with Challenges and lessons learned the International Conference on the Great Lakes Region (ICGLR)3 and the region’s UN country teams. The most significant constraint affecting the The major areas of work that the Regional Human implementation of many capacity-building activities Rights Adviser (RHRA) focused on included during the year was the unavailability of key providing support for the implementation of the Government interlocutors and partners to engage human rights dimension of the Pact on Stability, with during the election period in April. In addition, Security and Development in the Great Lakes; activities in relation to the National Human Rights integrating human rights into national and regional Commission could not be implemented because the laws and policies (especially the rights of internally Commission is yet to be established, even though displaced persons [IDPs] and returning populations); enabling legislation was passed in April 2009. combating sexual violence; preventing genocide; Programme implementation with respect to prison protecting economic, social and cultural rights; reform was also affected by UNMIS’s lack of access combating impunity; and preventing the illegal to State run prisons and detention facilities. exploitation of natural resources.
3 The Member States of ICGLR are Angola, Burundi, Central African Republic, Republic of the Congo, Democratic Republic of the Congo, Kenya, Rwanda, Sudan, Tanzania, Uganda and Zambia.
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The RHRA has worked to facilitate the development subregional human rights strategy for 2011. of joint programmes aimed at supporting the work The main topics of this strategy are economic, of national, regional and international partners in social and cultural rights and the fight against the strengthening national and regional systems for the illegal exploitation of natural resources; the protection and promotion of human rights, prevention of genocide and the fight against especially during the pre- and post-election process. impunity; elections and human rights; and the Efforts have also been made to foster collaboration provision of support to the Regional Human and the sharing of best practices and experience Rights Observatory. among UNCTs and the National Coordination u OHCHR supported the ICGLR in setting up its Mechanisms of the ICGLR in the region. Support has Regional Committee on the Prevention of also been given for the implementation of the Genocide, which was approved by the Heads of human rights and good governance dimension of the States Summit in Lusaka on 15 December 2010. Security, Stability and Development Pact of the Great The Summit also adopted the Regional Initiative Lakes Region and the programme activities of the on the Fight against the Illegal Exploitation of ICGLR. Natural Resources, which includes the certification of natural resources to ensure that Results they do not come from conflict areas.
National laws, policies and institutions (EA1) Human rights mainstreaming within the United u The RHRA participated in the elaboration of a Nations (EA11) national law on combating sexual violence in u A subregional workshop for the national Burundi that domesticates the ICGLR protocol coordination mechanisms of ICGLR and the and adapts it to the realities of the country. In the UNCTs of the Democratic Republic of the Congo, Central African Republic (CAR), the Adviser is Burundi and Rwanda took place in Burundi in also providing financial and technical assistance December 2010. The workshop allowed for for the revision of the existing Law on sexual mutual learning on key regional human rights violence, to bring it in line with the regional issues and for the establishment of a follow-up protocol, and has worked on the establishment of mechanism. As a result, the UNCTs increased treatment centres for victims. In close their level of support for national activities aimed collaboration with the Special Rapporteur on the at strengthening human rights, including the human rights of internally displaced persons, the United Nations Stabilization Mission of the RHRA also provided support to national Democratic Republic of the Congo’s support for stakeholders and the Government of the CAR for the regional initiative on the fight against the the elaboration of the country’s first specific law illegal exploitation of natural resources and a on IDPs. training by the UNCT in Rwanda on elections and human rights for youth representatives. Participation (EA5) u OHCHR supported the promotion and protection Challenges and lessons learned of human rights during the five-month electoral process in Burundi through monitoring efforts OHCHR supported ICGLR in setting up its Regional and the provision of human rights training to Committee on the Prevention of Genocide, which ICGLR observers. Based on information provided was approved by the Heads of States Summit in by OHCHR and in order to address escalating Lusaka on 15 December 2010. This Committee is violence and conflict after the withdrawal of the based on a regional protocol on the prevention of opposition, the ICGLR sent a high-level mission genocide which provides a unique legal and political to Burundi to discuss the situation with both the framework for its prevention. OHCHR assisted the Government and the opposition. This conflict Committee in the elaboration of its internal prevention activity helped to diminish tension procedures and work plan in September 2010 and and prevented the further escalation of violence. provided training to its members together with the Office of the Special Advisor to the Responsiveness of the international community Secretary-General on the prevention of genocide and (EA10) OHCHR’s Uganda Office. The setting up of this u Government and civil society representatives Committee and the elaboration of its work plan is an participated actively in recommending joint innovation as it makes the Great Lakes Region the ICGLR/OHCHR regional initiatives and first region in the world to work collectively on the contributed to the elaboration of a joint prevention of genocide.
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The Committee has a regional reach and will help Member States to regularly review the situation in each State for the purpose of preventing genocide and alert the Summit of the ICGLR in good time in order to take urgent measures to prevent potential crimes. OHCHR also provided the necessary funding, technical advice and partnership for the Committee to start its work.
However, support to the domestication of the regional protocol on the combat against illegal exploitation in ICGLR Member States and to the human rights dimension of the regional certification mechanism still needs to be strengthened. © IRIN/Wendy Stone
Kenya referendum, the HRA worked to improve Year established 2008 knowledge on hate speech and the protection of human rights in the National Cohesion and Staff as of 31 December 2010 1 Integration Commission, while also working to support the KNHCR on the development of a Background monitoring framework.
In 2010, Kenya continued on the path to recovery Justice and accountability mechanisms (EA3) from the devastating effects of the post-election u The KNHCR, victims and human rights defenders violence of December 2007 to January 2008. The submitted reports to the TJRC. The HRA helped adoption of a new Constitution with an expansive in this endeavour by organizing workshops on bill of rights in August and Kenya’s successful victim protection and a training session with participation in the UPR process in May are key female victims of the 2008 post-election violence positive steps. Nevertheless, challenges remain in Nakuru. relating to accountability for past human rights violations, combating impunity and restoring public Human rights mainstreaming within the United confidence in the judiciary. Expectations are high Nations (EA11) that the implementation of the new Constitution will u The knowledge acquired by members of the positively contribute to the fight against impunity. Human Rights Working Group after the training the HRA gave on human rights-based approach, The Human Rights Adviser (HRA) continues to methods for developing indicators and an contribute to the strategically targeted human rights introduction to applying the rights-based approach support that the UN County Team provides to the to budget analysis, have been translated into tools Government, national institutions and civil society. for assessing the implementation of the United The HRA also provides technical expertise and Nations Development Assistance Framework advice on the transitional justice process, especially (UNDAF). with regard to the Truth, Justice and Reconciliation u Two UNCT joint reports were submitted for Commission (TJRC) and the possible establishment Kenya’s consideration under the UPR and the of a Special Tribunal. Committee on the Elimination of Discrimination against Women (CEDAW). Results Challenges and lessons learned National laws, policies and institutions (EA1) u The strategic partnership developed with the The most critical factors which affected the Kenya National Human Rights Commission programme in 2010 were the increasing politicization (KNHCR), the National Cohesion and Integration of human rights issues by political actors; managing Commission, and national peace and security high expectations and a capacity deficit of national actors (the UWIANO Platform) made it possible actors on human rights issues; and the continually for comprehensive human rights monitoring of changing political landscape with respect to support the situation to take place prior to, during and for the transitional justice process. after the referendum. In the lead up to the
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Influenced somewhat by the politically unstable Niger environment, providing support for transitional justice initiatives in Kenya has been very Year established 2008 challenging. This is partly due to the absence of a Staff as of 31 December 2010 1 national policy on transitional justice which could have provided a framework for managing options more effectively and adhering to internationally Background accepted guidelines and standards. The politicization of human rights issues has affected the degree of Since the advent of the 18 February 2010 coup engagement of the United Nations as a whole, and d’état, the human rights situation has shown a the HRA specifically, with the Kenyan Government, marked improvement due to the policy of the limiting opportunities to counter the prevailing transitional authorities of focusing on respect for the challenges in the sector, especially combating rule of law and the guarantee of human dignity. In impunity and ensuring justice for victims. line with this, legislation has been enacted to strengthen the guarantee of press freedom through Due to the sensitive nature of the issues involved, the abolition of custodial sentences. The new sustaining a common UN position or strategy for Constitution provides for the establishment of dealing with impunity has been a major challenge. institutions that work toward the protection of Each incremental step requires careful consideration human rights. One such institution is the National and consultation with relevant partners. The situation Commission on Human Rights. Activities relating to has been managed with considerable success due to human rights and gender awareness and supporting the support of the Senior Peace Adviser, as well as human rights in Niger are carried out under the the leadership of the Resident Coordinator on these Action 2 programme, which is run through close issues. collaboration between the Ministry of Justice, the United Nations Coordinating Team in Niger and OHCHR.
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The human rights situation in Niger has been to support the process. The activities conducted for especially marked by the food crisis, floods, violence the UPR were funded by UNDP, UNFPA, UNICEF, against women and children, kidnapping, illegal UNIFEM and WFP. The most pressing challenges detentions, the weakness of institutions, inadequate now concern how to best assist the Niger delegation education, and a lack of awareness of human rights in defending the reports, and the issue of the and gender principles. implementation of the recommendations once they have been adopted. Results Rwanda Participation (EA5) u The Human Rights Adviser (HRA) managed to Year established 2007 improve awareness among key institutions – Staff as of 31 December 2010 1 namely the National Observatory of Human Rights and Fundamental Freedoms and women’s associations – of the rights of women to participate Background in political life, through conducting a series of training activities and awareness courses on topics In the months prior to the presidential elections in such as the UPR process, human rights-based August 2010, attacks against the media and political approach and non-discrimination issues. opposition figures had a negative impact on the enjoyment of civil and political rights. These events State engagement with human rights put into question the Government’s commitment to mechanisms (EA6) freedom of expression, the right of human rights u Support was given toward the creation and NGOs to freely operate in the country and the right establishment of an Inter-ministerial Committee for of political actors to conduct their activities freely. the drafting of reports on human rights They also highlighted the need for Rwanda to move conventions and the UPR report. The Committee from ratification to effective implementation of the was established in May 2010. With this support, International Covenant on Civil and Political Rights which involved the UNCT and the International (ICCPR). The current President was re-elected in Organization of the Francophonie (OIF), Niger 2010 with 93 per cent of the vote following the submitted its report to the UPR and developed an adoption of an amended Constitution in June 2010. action plan to follow up on the recommendations. The Constitutional amendments considerably Activities have also taken place to support increased presidential powers. follow-up to the recommendations of the Committee on the Elimination of Discrimination Rwanda has made tremendous progress since the against Women (CEDAW). genocide in 1994, especially on MDG 1 (economic growth and poverty reduction), MDG 2 (education), Human rights mainstreaming within the United and MDG 3 (women’s rights). However, despite the Nations (EA11) establishment of a multi-party system in the u The awareness and knowledge of UN staff Constitution progress on freedom of expression, members of the UPR was enhanced through good governance and democracy remains fragile. training and the dissemination of documentation. As a result, the UNCT’s report to the UPR was Results submitted on time and the agencies of the UN system were engaged in the development of the National laws, policies and institutions (EA1) action plan to follow up on the implementation u The One UN programme, with the contribution of UPR recommendations. of the HRA, has provided technical and financial support to Parliament, relevant Government Challenges and lessons learned ministries, the justice sector, human rights institutions and civil society in an attempt to The drafting of the Niger report for the UPR and the support their efforts and build their capacity to development of the 2010 UPR action plan was a real protect and promote human rights through a innovation in this country, which may be an range of activities. With the support of the One example of good practice to replicate in the UN programme, the Parliament established a subregion. An Inter-departmental Committee was Parliamentary Research Unit and has a legislative established and two UN volunteers have been drafting manual. The programme also assisted in placed with the Ministry of Justice and Human Rights the drafting of the gender-based violence Law
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and the Laws on the rights of the child and the Human rights mainstreaming within the United protection of children against violence. A gender Nations (EA11) desk is now operational at the police u A joint Gender and Human Rights Mainstreaming headquarters and the Defence Ministry. checklist for the United Nations Development u The UN Country Team contributed to the Assistance Framework (UNDAF) thematic groups preparations for and holding of elections through on the planning, implementation, monitoring, capacity-building and technical expertise provided evaluation and budgeting of consolidated annual both to the National Electoral Commission (NEC) work plans was developed by the Gender Task and civil society, in close collaboration with other Force and the Human Rights Task Force with development partners. The President won a contributions from the HRA. landslide victory in the Presidential election, which was carried out in a peaceful way with few Challenges and lessons learned irregularities. Observers stressed how well the election process was managed, but also called for The low prioritisation in general of human rights within a more open debate, a pluralistic democracy and the One UN programme and the Government, the expressed concern over the lack of critical limited capacity of the Human Rights Task Force and a opposition parties in the election. restrained budget have been internal factors placing u Joint efforts were undertaken by UNICEF, the constraints on the Adviser's work in Rwanda. Three UNCT and the HRA as well as the National activities were deferred due to lack of funds. Towards Human Rights Commission and other human the end of 2010, the HRA had to cancel a human rights rights partners to lobby the Senate against training for prison officials, a workshop on the MDGs approving the law that would have violated the and human rights for young people planned for Convention on the Rights of the Child, which International Youth Week, and the celebration of Rwanda is party to. The bill on lowering the child Human Rights Day together with the NHRC. The penalty age was later rejected in the Senate. training for prison officials was rescheduled for 2011.
Justice and accountability mechanisms (EA3) United Nations Office for West Africa u The NHRC was given technical and financial support to strengthen its work, such as an Year established 2003 effective system to handle complaints regarding Staff as of 31 December 2010 4 human rights violations. Since the programme began, the number of human rights abuses reported to the NHRC increased from 842 in 2006 Background to 1,361 in 2008. Although most West African countries remained Access to justice and basic services (EA4) politically stable in 2010, a number of threats to u The HRA provided technical assistance through democratic processes continued to hamper prospects the Ministry of Justice to legal aid clinics as part for sustainable peace and security in the subregion. of its support to the UNDP’s Access to Justice Progress that was made in strengthening human Programme. These clinics provide legal counsel rights, promoting gender and encouraging civil to the population at community level, especially society institutions was undermined by increased to children and vulnerable women. election-related tensions. The rise of ethnic and religious intolerance, local insurgencies and State engagement with human rights continued violations of human rights and impunity mechanisms (EA6) in some countries also threatened both domestic and u There was a high level of participation in the UPR regional peace and stability. Violence against women process from civil society and the State. All and girls is also a persistent problem in the region ministries and key human rights institutions while conflict and crisis situations continued to have contributed to the national report and civil an adverse effect on efforts to improve governance, society was consulted twice during its respect for human rights and gender equality. preparation. However, the UPR report submitted by 36 civil society organizations in Rwanda was At the same time, there is a growing interest in criticised by the Government for giving a false promoting women’s participation in peace and picture of the human rights situation, and security efforts within the subregion. Sierra Leone approximately 15 organizations that initially launched its plan for UN Security Council resolution participated in drafting the report withdrew their 1325 on 12 June, while Guinea-Bissau and Guinea support. are now finalizing theirs.
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Results framework of cooperation with the Mano River Union for peace and security within the AU that National laws, policies and institutions (EA1) includes the promotion and protection of human u Compared to 2005, the 4 March 2010 presidential rights within the Union. elections in Togo revealed an encouraging decline in human rights violations, partly as a Challenges and lessons learned result of joint regional and UN efforts in the lead-up to the election in providing training for The political leverage of the Special Representative security forces and youths and raising public of the Secretary-General for West Africa has been of awareness on peace and respect for human rights tremendous assistance to all UN entities and country during the electoral process. The Human Rights teams, especially in relation to complex political Adviser (HRA) to the United Nations Office for issues, combating impunity, transitional justice and West Africa (UNOWA) worked in close matters relating to human rights promotion and collaboration with OHCHR’s Country Office and protection. In Togo and Guinea, for example, the the UN Country Team in Togo on these activities. political leadership of the SRSG assisted in bringing u The HRA undertook a study on the nexus human rights and gender to the centre of political between food security, human security, human negotiation and the election process. rights and conflict in the context of climate change in the Sahel Band. This study will serve Avoiding work duplication with other United Nations as an advocacy tool at the level of the Economic entities and ensuring complementarity of action Community of West African States (ECOWAS). between them should remain a constant operational u In support of the activities of the UNCT in imperative for UNOWA. Over the years, and in Guinea, the HRA organized a regional seminar on particular with the establishment in 2008 of the experiences and best practices relating to regional representation of OHCHR in West Africa, elections and security as part of capacity-building UNOWA shifted its focus from serving as a focal point activities aimed at national stakeholders in the for human rights and gender to working in synergy promotion of violence-free elections and respect with OHCHR, UN Women, UNFPA and UNICEF for human rights during electoral processes. toward the mainstreaming of human rights and gender in all aspects of the United Nations’ International and regional laws and institutions contribution to peace and security in West Africa. (EA8) The Road Map, a matrix which spells out joint u The emphasis placed by the HRA to UNOWA on activities and areas of overlap between UNOWA, mainstreaming gender in peace and security OHCHR and all human rights field presences in West efforts in West Africa resulted in the adoption, in Africa, is one of the main mechanisms for joint September 2010, of the ECOWAS Plan of Action programming in the field of human rights. This tool is on the implementation of UN Security Council revised every six months and allows for adjustments resolutions 1325 and 1820, in the framework of to be made to intervention strategies in line with the African Union (AU) decade for women and priorities dictated by the socio-economic and political the 10th anniversary of UN Security Council developments of the moment. In the area of gender, resolution 1325. UNOWA will use this plan of the joint impact at regional level of the Secretary action as the core basis for its cooperation with General’s campaign to end violence against women ECOWAS and all other stakeholders in West and the Working Group on Women, Peace and Africa over the coming three years. Security in West Africa has strengthened OHCHR’s u UNOWA, with the support of the HRA, working relations with UN Women, UNFPA and completed studies and developed a joint UNICEF.
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