Opening Statement by Ms. Flavia Pansieri United Nations Deputy High Commissioner for Human Rights on Technical Cooperation under Item 10

Human Rights Council 26th Session

Item 10

Geneva, 25 June, 2014

Mr. President,
Excellencies,
Ladies and Gentlemen,

My statement will cover a number of topics, in response to the Council’s requests.

Let me start with reporting on the situation in South Sudan, as per Human Rights Council resolution 23/24.

During her visit to South Sudan in April, the High Commissioner witnessed a critical level of violence, including ethnically-motivated mass slaughter and gruesome and massive revenge killings. This is compounded by the likelihood of widespread famine that the conflict has generated.

As a result, the United Nations Mission in the Republic of South Sudan, UNMISS, has put on hold all operational and capacity-building support to the Government. This includes programmes administered by OHCHR through the UNMISS Human Rights Division.

Thus in the absence of ongoing capacity building activities, you have before you the UNMISS human rights report that was issued on 8 May – which describes the damaging impact of the current conflict on human rights across the country. It documents gross violations committed by all parties to the conflict, including extra-judicial killings, enforced disappearances, rape and other forms of sexual violence, as well as attacks on hospitals and UN facilities; some of these elements may constitute war crimes and crimes against humanity. The report concludes with several recommendations addressed to the parties to the conflict, the UN and the African Union – among them the need to step up efforts to protect civilians and to ensure accountability for crimes and human rights violations.

As we speak, massive internal and external displacement of families is generating additional difficulties for humanitarian aid. Some 1.2 million people are currently displaced, over 900,000 of them within the borders of South Sudan, and this includes approximately 95,000 people living on UNMISS compounds hastily converted into protection of civilians sites.

The conflict is having a devastating impact on children. More than 9000 children have been enrolled as soldiers by both sides of the conflict, according to UNICEF, and many have also been killed during targeted ethnic attacks on civilians by both sides. Conflict and displacement have in addition deprived numerous children of rights such as education, food, water and health care.

We also have acute protection concerns about girls and women, many of whom have been abducted and raped. Partly because of deliberate destruction and looting of hospitals, the conflict has also sharply cut down on medical services, including those available to survivors of sexual violence.

The highly disturbing protection situation is compounded by the likelihood of widespread famine, with displaced families unable to prepare their farmland and livestock stolen or lost. Levels of malnutrition are already critical. A UN System-Wide Level 3 Emergency has been declared in South Sudan, putting it on a par with only Syria and CAR. I strongly urge the parties to abide by their commitment to allow humanitarian access to civilians.

This appalling country-wide deterioration in human rights has taken place in just six months, since the inception of the conflict on 15 December.

Currently there is a relative lull in fighting – even though both Government and opposition forces continue to violate the cessation of hostilities that was signed in January. Leaders on both sides continue to pursue military options, victimising their people and laying waste their country.

Past impunity for serious human rights violations has contributed to the current crisis in South Sudan.  There appears to be a lack of political will on both sides to arrest and bring perpetrators to justice, and this failure to take action generates the clear impression that human rights violations are tolerated. Both leaders should be urged to prevent further violations by forces under their command, and to make it clear that anyone committing crimes and human rights violations will be arrested and prosecuted. 

I welcome the establishment of the African Union Commission of Inquiry as an important step towards ensuring accountability. All accountability mechanisms and measures must meet international standards, including in respect of their transparency and independence, and they must address the victims' rights to remedy and to the truth. OHCHR has extended support to the AU Commission of Inquiry, and we are ready to do more if requested by the Commission.

In April, a lethal attack on internally displaced persons in the UNMISS protection site in Bor highlighted the enormous scale of the protection challenges in South Sudan, as well as the urgent need to adequately resource the Mission. The conflict has confronted the UN Mission with an unprecedented situation, including a role that could never have been predicted and for which it was, naturally, wholly unprepared. Sheltering 95,000 civilians in its compounds has meant improvising solutions to a huge range of practical challenges, and UNMISS has performed admirably in this regard.

I welcome the new mandate for UNMISS, which focuses on four key tasks: protection of civilians; monitoring and investigation of human rights; creation of enabling conditions for the delivery of humanitarian assistance; and supporting the implementation of the cessation of hostilities and IGAD led peace process.

I call on the leaders of both sides to make peace, to ensure a future that is harmonious and secure.

Excellencies,

South Sudan remains on the verge of catastrophe. A conflict so devastatingly destructive of every kind of human value – as well as every shred of economic and social infrastructure – could only be pursued by disgracefully unscrupulous and irresponsible leaders.

Ladies and Gentlemen,

In accordance with Council resolution 18/18, I am now pleased to share with you an overview of major challenges, best practises and lessons learned regarding our Office’s technical assistance and capacity building support to Member States. These include the advisory services of experts; capacity-building activities; fellowships; documentation and training; and needs assessments in the area of human rights in order to define sound technical cooperation programmes.

Technical cooperation is integral to the work of this Office. Its ultimate purpose is to facilitate positive change at country and regional levels, while optimizing our use of limited resources, in line with the advice of the Board of Trustees for the Voluntary Fund for Technical Cooperation in the Field of Human Rights.

The Office’s thematic strategies and focus areas improve our efficiency in responding to States’ increasing and multiple requests, and help us to capitalize on the expertise and value added of our 20 years of work.  The OHCHR Performance Monitoring System facilitates collection and analysis of data to identify challenges and good practices.

I thank the Trustees for their positive feedback on the PMS system, which they have tested in-situ during recent visits to Field Presences and in Headquarters. I am also grateful for the Board’s active involvement in defining the thematic strategies for the new programing cycle, and its encouragement to other parts of the Secretariat to consider adopting the Performance Monitoring System developed by our Office. Please allow me to take this opportunity to congratulate Mariclaire Acosta for her appointment as Chair of the Board of Trustees. 

My intention today is to highlight a few of the very practical results and good practices that have arisen from our cooperation work during the 2012-2013 biennium. Many of them will serve as guides for our operational work in the future.  

In the area of combating impunity and strengthening the rule of law and democratic society, OHCHR field presences in Fiji, Somalia, and Tunisia provided technical assistance and expertise to help bring national constitutions in line with international norms and standards. In Tunisia, technical support was provided jointly with the United Nations Country Team to processes leading to adoption of the new transitional justice law, as well as this month’s launch of the Truth and Dignity Commission. 

The Human Rights Adviser in Paraguay provided support to national efforts on the prevention of torture, through technical training on relevant international standards, together with the Sub-committee on the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Paraguay’s Parliament subsequently approved legislative changes, including a definition of torture in national legislation that complies with international standards.

In Mexico, OHCHR gave technical assistance on administration of justice policies, and the Mexico City Court of Justice and 12 local judiciaries have now produced important data on fair trial indicators.

A key goal of OHCHR’s technical cooperation work is to contribute to building and strengthening national frameworks and institutions for the promotion and protection of human rights, including robust National Human Rights Institutions in line with the Paris Principles. Our Regional Office in South-East Asia has worked closely with the Government and the Presidential Human Rights Commission of Myanmar on recently adopted legislation that should pave the way for the establishment of an independent National Human Rights Institution.

National efforts to establish torture prevention mechanisms in line with the provisions in the Optional Protocol to the Convention against Torture were particularly relevant during this reporting period. The establishment of the first national torture prevention mechanism in Kazakhstan in July 2013 follows years of technical advice by the Office, in close cooperation with the Special Rapporteur on Torture and the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

With regard to discrimination, the development of national action plans to eradicate racism and discrimination, and to promote equality in Benin, Bolivia, Burkina Faso, Costa Rica, Ecuador, Guinea, Mauritania, Mexico, Nigeria and Uruguay have benefited from advisory services and technical cooperation from OHCHR. At the regional level, my Office and the Association for South East Asian Nations contributed to strengthening technical capacities of Government official representatives of the ASEAN Intergovernmental Commission on Human Rights, national institutions, and civil society regarding efforts to combat discrimination and promote social cohesion.

The Office provided technical advice and support on legislation and national action plans regarding gender equality, women, peace and security and violence against women in Bolivia, Burkina Faso, Guinea and Kosovo , among others, to ensure compliance with international standards. The Government of Guinea adopted an action plan for the period 2013-2017 regarding Security Council resolution 1325 on women, peace and security.  In Togo and Chad, OHCHR supported activities to implement UPR and CEDAW recommendations on violence against women.

Regarding promotion and protection of the rights of persons with disabilities, Member States increased their demands for OHCHR’s support to effectively implement the Convention. The rapidly growing number of ratifications also led to increased assistance in reviewing the compliance of national legislation and policies, and in building appropriate national implementation and monitoring mechanisms – as was highlighted at this morning’s annual panel discussion on technical cooperation.

The OHCHR Regional Office for Europe has engaged European Union institutions and Member States across the region to identify common ground between the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD), notably regarding the issue of independent living for persons with disabilities and the issue of alternative care for children. The Office has contributed significantly to policy changes at the European Union level through its active membership in the European Expert Group on Transition from Institutional to Community-based Care. Recent adjustments in the EU Structural Funds Regulations represent a significant achievement in terms of increasing compliance by the EU with international human rights standards, including the CRPD.

Peru also received technical advice for its review of the National Plan of Action on the Equalization of Opportunities, to bring it in line with the CRPD and the country’s 2012 Disability Act. South Africa received OHCHR assistance in developing a national implementation and monitoring mechanism in line with article 33 of the Convention.

Strengthening the capacities of individuals and civil society to claim their rights is a critical component of capacity building efforts, particularly in the area of discrimination. In Guatemala, my Office helped to build the capacity of indigenous organizations to litigate on human rights cases through the Maya programme, and also provided technical advice to the judiciary, to ensure that decisions and judgements are in compliance with human rights standards.

Member States also required increasing support and expertise from OHCHR in pursuing economic, social and cultural rights and combating inequalities and poverty. In the context of the devastating impact on human rights around the world of the crises in economies, finance, food and climate, technical support and advice in integrating human rights in national development policies, plans and budgets yielded highly relevant results at the country level.

In Liberia, the Ministry of Planning and Economic Affairs and civil society organizations recognized the importance of applying a human rights-based approach in monitoring development impacts, and endorsed human rights as the normative framework for monitoring the country’s Poverty Reduction Strategy over the 2013-2017 period.

Ecuador’s new National Development Plan, which aims to reduce inequalities, reflects and addresses human rights standards and principles in a holistic way. The development of innovative tools such as the “Atlas of Inequalities” database is likely to be highly useful to Member States. This database maps persistent gaps in the enjoyment of economic, social and cultural rights, and promotes more coherent and targeted public policies.

OHCHR has also been active at the country level to support processes to follow-up on CESCR recommendations as well as obligations related to the ratification of the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights. The office has supported the ratification of the OP-ICESCR and raised awareness on this instrument globally and through its field presences since its entry into force in May last year. And to enhance the legal protection of economic, social and cultural rights, the capacity of the judiciary and civil society organizations has been strengthened especially in Bosnia-Herzegovina, Chile, Guatemala, Mexico, Mongolia, Paraguay, Peru and Slovakia.

The Office as well as the UN human rights mechanisms are increasingly addressing land issues. The effective governance of land and tenure is an essential condition for the protection and realization of a broad range of human rights, including the rights to food, housing, health, and self-determination, the rights of indigenous peoples, and the empowerment and equality of women. Neglect of the protection of human rights in land management can cause serious violations of economic, social and cultural rights as well as civil and political rights, and even leading to violence and conflicts.

Several OHCHR field presences are addressing land management issues, including in the context of forced evictions and displacements, land restitution, protection of human rights defenders, rights of indigenous peoples and the protection of human rights in recovery from natural disasters.

For example, my Office has been actively engaged with the work of the global protection cluster in the Philippines, and the Commission on Human Rights of the Philippines in the elaboration of an advisory on housing, land and property rights in the aftermath of Typhoon Yolanda. OHCHR also supported the development of the new Housing Code for Kyrgyzstan that came into force on 9 July 2013 and which incorporates a number of positive provisions relating to evictions, security of tenure and providing social support to disadvantaged groups.  A similar process has been initiated in Tajikistan.

With regards to situations of violence and insecurity, OHCHR’s support to Member States contributed to improving accountability in several countries, including by establishing specific mechanisms or policies to protect human rights defenders and journalists. In Colombia, the Inspector General of the national police issued specific directives to give high priority to the protection of human rights defenders, and adopted a new approach to analysis of risk and protection measures with regard to women defenders, indigenous leaders and leaders of minority groups.

My Office continues to focus on strengthening the capacities of national law enforcement officials and the judiciary to effectively prevent and combat sexual violence. In Latin America, a model protocol on the investigation of gender-related killings of women was developed in partnership with UN Women. It builds on the Office’s development of a similar protocol for the El Salvador Attorney-General’s Office. In the Democratic Republic of Congo, OHCHR continued to provide support to mobile courts dealing with sexual violence cases, and to military prosecutors, in order to enable investigation of serious allegations of sexual violence in remote areas. In Darfur, Sudan, OHCHR continues to work to build the capacity of national institutions to address sexual and gender based violence, and to improve victims’ access to services via training workshops set up in coordination with local government actors and the UN Country Team. OHCHR and UN Women have also finalized a Guidance Note on reparations for victims of conflict-related sexual violence. This provides critical policy and operational guidance for Member States, UN agencies, development actors, and civil society organizations in the area of reparations for victims of conflict-related sexual violence.

OHCHR also seeks to develop the capacity of Member States to apply a human rights-based approach to trafficking in persons. In Belarus we supported work to implement UPR recommendations for training courses on protecting the human rights of victims of trafficking.

OHCHR’s support to human rights mechanisms continues to be marked by growing requests from States to support the process of ratification of human rights treaties, and to enhance their engagement with the work of UN human rights mechanisms, including the Treaty bodies, Special Procedures and Universal Periodic Review. During the 2012-2013 biennium, OHCHR’s advice, capacity development and technical support contributed to improved reporting by States Parties under the international human rights treaties. In Senegal my Office supported efforts to develop and submit the national periodic report to CEDAW in line with harmonized reporting guidelines. In Maldives, OHCHR assisted the Government’s April 2013 report to CRC, and other Government reports for the CRPD and CAT.

We saw increased focus by States on implementing recommendations from all mechanisms as we entered the second cycle of the UPR. OHCHR has stepped up support to help States implement UPR outcomes, including through operationalization of the Voluntary Fund for financial and technical assistance in the implementation of the Universal Periodic Review, and preparation of national action plans. This work involves an integrated approach to recommendations emanating from all the international human rights mechanisms that has been well-received by Member States.

In Afghanistan, the Office, working through the Human Rights Component of the United Nations Assistance Mission, assisted the Ministry of Justice to prepare a national action plan to implement recommendations by the UPR, CRC and ICESCR, with indicators to measure progress. The Government of Serbia launched a proposal to establish a national mechanism to follow up recommendations by the mechanisms, which was developed with support from the Office and relevant partners including the OSCE and UNDP in-country. In South-East Asia, my Office supported efforts to identify good practices on UPR follow-up regarding regional common themes of interest. They included discrimination, freedom of expression, prevention of torture, and the rights of minorities, including lesbian, gay, bisexual and transgender persons.

The role and potential impact of activities of relevant partners within the United Nations family cannot be underestimated.  Support from Human Rights Advisers to United Nations Resident Coordinators and to United Nations Country Teams helps to streamline all United Nations efforts on the ground in the area of technical cooperation and human rights. Human Rights Advisers also provide technical assistance to Governments and other national stakeholders, with a view to further catalysing coordinated United Nations responses, and to strengthen national capacity. They advise on active engagement with the human rights mechanisms and assist with follow-up to their recommendations. Thus in Timor Leste, joint support has strengthened the capacity of the National Human Rights Institution, Government and civil society, in accordance with the UNDG- Human Rights Mainstreaming Framework.  

Ladies and Gentlemen,

Effective responses to increased requests for technical cooperation by Member States require the continuous mobilization of OHCHR’s technical, human and financial resources. The OHCHR Management Plan for 2014-2017, “Working for Your Rights”, is the first to span a four-year period, and constitutes an important and thorough effort to streamline operations and optimize resources. It enhances my Office’s capacities to report on results and draw lessons from past and ongoing work, as we continue to provide timely and quality support for Member States’ implementation of their human rights obligations. Technical cooperation opportunities are present in each of the Plan’s thematic strategies, including the new thematic strategy on widening the democratic space.    

Excellencies,

Before concluding this statement, allow me to refer to the technical cooperation led by this Office in Iraq, which has been confronted by recent and dramatic developments. The High Commissioner has expressed extreme alarm at the deterioration of the human rights situation. She has called for the immediate cessation of acts of violence and abuses committed against civilians in violation of applicable international human rights and humanitarian laws. There are over 1300 civilian casualties in Nineveh, Diyala and in Salah-Din provinces.

My colleagues, working under difficult conditions in Baghdad and Erbil, have confirmed violations of international humanitarian law by ISIL, other fighting groups and ISF. Some of these violations could amount to war crimes. The Office has also reported that violations of international human rights law continue to occur in complete impunity, including unlawful killings, gender-based violence, attacks on civilians and attacks on protected buildings such as medical units.

The High Commissioner has called on the Iraqi Security Forces to exercise restraint in their ongoing military operations, and to take measures to ensure that civilians are protected from violence. She has also urged Iraq's political leaders to urgently seek a sustainable resolution to the crisis, including by promoting an inclusive government of national reconciliation, with equal treatment and representation for all communities.

This Office is following the situation very closely, in particular though its presence within the integrated mission. OHCHR stands ready to report on the matter as early as possible, either during an urgent gathering – should the Council be willing to reconvene after this session – or during the Council's September session.  

Excellencies, I welcome your interventions.

Thank you