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Address by Ms. Kyung-wha Kang United Nations Deputy High Commissioner for Human Rights

22nd session of the Human Rights Council Introduction of country reports by the Secretary-General and the High Commissioner for Human Rights Item 2

Geneva, 20 March 2013

Mr. President, Distinguished Members of the Human Rights Council, Excellencies, Ladies and Gentlemen, On behalf of the High Commissioner, I am introducing the reports of the High Commissioner and of the Secretary-General prepared under agenda item 2 dealing with technical assistance and capacity building. The report of the High Commissioner on the activities of her office in Guatemala (A/HRC/22/17/Add.1) provides an overview of the human rights situation in the country and of the work undertaken by OHCHR in 2012. The report welcomes the encouraging steps taken in the fight against impunity for past and present human rights violations, corruption and organized crime, applauding the outstanding work of the Attorney-General and good coordination with the Ministry of Interior. Investigations and prosecution of human rights violations committed during the internal armed conflict continued, leading to several important convictions. The recent decision to send to trial former Head of State Efran Ros Montt for genocide and crimes against humanity is a historic step in combating impunity for past human rights violations, and an important development for victims, who have been seeking justice for decades. However, the report highlights outstanding concerns, including about impunity, as well as widespread public insecurity, persisting discrimination against indigenous peoples, violence against women, and the situation of human rights defenders. As in previous reports, the High Commissioner recommends a comprehensive strategy on public security to address the structural causes of crime and violence, encompass prevention, and ensure that relevant state institutions are adequately resourced, particularly the police and the judiciary. While recognising the difficulty of tackling insecurity, OHCHR reiterates concern about the use of the military in law-enforcement functions, which should only occur under exceptional circumstances, be limited in time and placed strictly under civilian command and control, as recognized by the Government itself. Also, structural reforms are required to eradicate persistent patterns of racism and discrimination affecting indigenous peoples, who constitute the majority of the population. Their access to basic services, land ownership, justice or participation in public life is often limited. Furthermore, a tendency to criminalize indigenous leaders who are claiming their rights is of great concern.

On behalf of the High Commissioner, I thank the Government of Guatemala for its hospitality during her official visit, in March 2012. Turning now to the report of the High Commissioner on the activities on her office in Bolivia (A/HRC/22/17/Add.2) : In 2012, progress was registered in the enjoyment of social, economic and cultural rights in Bolivia. The cash transfer and other social programmes have led to the continued gradual decline of levels of poverty and extreme poverty, as well as of school drop-out rates. OHCHR also welcomes the development of human rights indicators by the Government to better monitor future progress in these areas. The report also commends the adoption of important laws to protect the rights of persons with disabilities, refugees and women, calling for their prompt implementation. Progress is also noted in public policies to prevent and punish prevailing racism, although further resources are necessary for their effective implementation. Further efforts are also required to put an end to persistent violence against women, including criminalizing femicide. The right to consultation with indigenous peoples remains a challenge, as illustrated in the case of the proposed highway construction in the Isiboro Secure National Park and Indigenous Territory. The High Commissioner urges progress in drafting framework legislation on the right to consultation and calls for a permanent dialogue between the Government and concerned communities. Finally, the report recognizes positive steps towards strengthening the judiciary, including towards the development of a professional career system, disciplinary procedures, and public accountability processes. But much more robust action is required to resolve the long-standing crisis in the administration of justice. The High Commissioner is particularly concerned about reported corruption, lack of access and backlog in the judicial system, as well as the deterioration in prison conditions due to higher levels of overcrowding related to excessive resort to pre-trial detention. Mr. President, The High Commissioners report on the situation of human rights in Colombia (A/HRC/22/17/Add.3) highlights important positive developments. It welcomes the peace process, initiated in October 2012 between the Government and the Revolutionary Armed Forces of ColombiaPeoples Army (FARC-EP), as a unique opportunity to transform the lives of the population. Participation of civil society and those most affected by the conflict, including victims, is critical to the success of this process. To achieve lasting peace, this dialogue must allow to effectively address past human rights violations committed by all parties, and to ensure truth and justice. The peace process also provides an opportunity to address structural problems, such as curbing poverty and inequalities.

The report commends the steps taken to implement the Victims and Land Restitution Law in prioritized areas, which led to the first two judicial decisions on restitution. However, improved security and effective coordination among State entities are required to address the continuing threats and attacks on claimants and authorities involved in land restitution processes. Access to public services and markets for small and medium-sized producers, will increase the sustainability of the land restitution programme. Ensuring the exercise of the right to consultation of indigenous peoples, with a view to achieving free, prior and informed consent, is also pending. The High Commissioner reiterates OHCHRs availability to continue supporting the Government in that regard. The report addresses issues which require robust action, including the situation of human rights defenders, as well as violations of the right to life and personal integrity by security forces, especially excessive or improper use of force and sexual violence. Concern is also expressed about the prevalence of impunity for the cases of false positives (extrajudicial executions covered-up as deaths in combat). The High Commissioner is concerned about the adoption of the constitutional reform extending the military jurisdiction, which represents a setback for the fight against impunity and the right to truth. She trusts that the Government will ensure that the reform will not prevent the ordinary criminal justice system from promptly and effectively investigating and prosecuting all human rights and humanitarian law violations. The High Commissioner also reiterates the urgent need to address violence by illegal armed groups that emerged after the demobilisation of paramilitary groups, and whose coercive activities continue to devastate community life and undermine the States protective response. Moving now to the annual report of the High Commissioner on the question of human rights in Cyprus (A/HRC/22/18): It provides an overview of human rights concerns in Cyprus, including in relation to the right to life and the question of missing persons, the principle of non-discrimination, freedom of movement, property rights, freedom of religion and cultural rights, freedom of opinion and expression, as well as the right to education. The report also highlights the benefits of adopting a gender perspective when negotiating and implementing peace agreements, in line with Security Council resolution 1325 (2000). As the division of Cyprus remains an obstacle to the enjoyment of human rights by the whole population, it is hoped that efforts to negotiate and achieve a comprehensive settlement of the Cyprus problem will ultimately open avenues to improve the human rights situation. Addressing the underlying human rights issues and causes should be an increasingly important part of peacekeeping efforts and should underpin the political dialogue for a comprehensive settlement. The report also refers to the United Nations treaty bodies consideration of various human rights issues in Cyprus and of their recommendations with regard to Cyprus and Turkey. Moreover, the report welcomes the first ever visit to Cyprus by a special procedure

mandate-holder, in March-April 2012. It is also appreciated that the Special Rapporteur on freedom of religion or belief had access to both the southern part and northern part, including the relevant authorities. Further visits by special procedure mandate holders are encouraged. The High Commissioner is keen to continue addressing the human rights implications of protracted conflicts, in line with her mandate pursuant to General Assembly resolution 48/141 to promote and protect the effective enjoyment by all of all human rights. The report stresses the importance of ensuring that there are no human rights protection gaps and that all persons can effectively enjoy their fundamental rights wherever they live. Excellencies, I am pleased to present a report in follow-up to Human Rights Council resolution 19/2 on promoting accountability and reconciliation in Sri Lanka. In September 2012, the Government facilitated the visit of an OHCHR technical team to explore possible areas of cooperation. The High Commissioner subsequently wrote to the Government with a detailed offer of assistance addressing all elements of transitional justice. The Government has since encouraged the High Commissioner to visit the country, which she wishes to do when more progress is achieved on accountability and reconciliation. Several special procedures mandate holders have also written to the Government, offering assistance and reiterating their requests for a visit. While there have been significant investments in development and the resettlement of a large number of IDPs in the north, much remains to be done regarding reconciliation and accountability. The Government has not built upon the vision of the Lessons Learnt and Reconciliation Commission which, despite limitations, made far reaching recommendations towards reconciliation and strengthening the rule of law. Far from adopting a comprehensive policy on accountability and reconciliation, the Governments National Plan of Action makes selective, piecemeal commitments to implement LLRC recommendations. The Government has also not harnessed the potential of civil society in taking the reconciliation process forward through meaningful participation. There have been no meaningful steps to address the serious human rights crimes identified by the Secretary-Generals Panel of Experts on Accountability in Sri Lanka.: The military courts of inquiry appointed by the Government lack the required independence, while many longer-standing cases remain unresolved, such as the killing of five students in Trincomalee and 17 ACF humanitarian workers in Muttur in 2006. The High Commissioner thus remains convinced that an international inquiry is necessary. Continuing reports of extrajudicial killings, disappearances and threats to human rights defenders and journalists highlight the continued danger of entrenched impunity. Attacks on lawyers and judges over the past year, culminating in the impeachment of the

Chief Justice, have eroded the rule of law and the standing of the judiciary as a check on executive power. Acts of intolerance and violence against the Muslim and Christian communities have reinforced concern for the protection of minorities. The High Commissioner reiterates her offer of assistance to the Government of Sri Lanka in implementing the recommendations of the LLRC and fulfilling its broader legal obligations to ensure justice and redress for the serious human rights violations alleged to have taken place during the armed conflict. We encourage the Council to maintain its focus on Sri Lanka and to urge for a more meaningful and genuine accountability and reconciliation process. Lastly, the report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran (A/HRC/22/48) reflects the overall patterns and trends in the human rights situation in Iran, with a focus on the death penalty, torture, lack of due process, womens rights and the rights of minorities. The Secretary-General expresses great concern over the significant increase in executions, including in public, as well as about the intensified crackdown on media professionals, human rights defenders, lawyers and womens rights activists, and the prolonged house arrest of opposition leaders since February 2011. Other issues highlighted in the report include economic sanctions and their potential impact on the general population. Noting positive achievements against many economic and social indicators, the report encourages the Government to address regional disparities in the enjoyment of economic and social rights, as well as discrimination against women and members of certain minorities. The Secretary-General regrets that the Government did not grant access to the Special Rapporteur on the situation of human rights in Iran, nor follow its pledge to invite two special procedures mandate holders to visit during 2012. He renews his call on the Government to fully cooperate with the Special Rapporteur and to facilitate his access to the country. Thank you. ------