OHCHR in the Field. OHCHR in Asia and the Pacific

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1 OHCHR in the Field OHCHR in Asia and the Pacific Type of presence Location Country offices Cambodia Nepal Regional offices Southeast Asia (Bangkok, Thailand) Southwest Asia (location to be determined)* Human rights components of UN peace missions Human rights advisers to UN Country Teams * Planned for 2008 Pacific (Suva, Fiji) Afghanistan Timor-Leste Indonesia Maldives Pakistan Sri Lanka Asia and the Pacific, stretching from Afghanistan in the west to the vast expanse of the Pacific Ocean, is a diverse and dynamic region, home to two-thirds of the world s population. The human rights situation is uneven, and the nature and extent of the human rights challenges vary significantly from one part of the region to another. Several countries are in the process of implementing important democratic, legal and institutional reforms, but democratic advances are fragile and have suffered set-backs in some cases, notably through the reassertion of military authority. Rapid economic development has contributed to rising living standards for many, but has also created pressure on marginalized and OHCHR 2007 REPORT 83

2 PART II disadvantaged groups. Poverty, gender inequality and patterns of discrimination remain deeply entrenched. High levels of internal and external migration within and outside the region pose particular protection challenges, as well as attendant problems, such as human trafficking. On a positive note, regional organizations have taken steps towards the creation of regional human rights frameworks and mechanisms that would fill an important gap in the one part of the world without its own regional human rights architecture. In November 2007, leaders of the Association of Southeast Asian Nations (ASEAN) adopted a new Charter incorporating human rights principles and committed themselves to the development of an ASEAN human rights body. The Pacific Islands Forum explored possible models for regional cooperation on human rights, including the establishment of a regional court. While impunity remained a systemic problem in many countries, several important accountability processes continued to unfold: the UN Special Independent Commission of Inquiry into the 2006 violence in Timor-Leste led to a number of trials, some of which resulted in the conviction of government officials; trials of Khmer Rouge leaders began in a special chamber in Cambodia; and a Special Commission of Inquiry, observed by international experts, continued in Sri Lanka. In 2007, OHCHR maintained country offices in Cambodia and Nepal and regional offices in Bangkok (covering Southeast Asia) and Suva (covering the Pacific). Activities in Afghanistan and Timor-Leste were directly supported through UN peace missions. OHCHR retained human rights advisers in Pakistan and Sri Lanka and, in 2007, deployed new advisers to Indonesia and the Maldives. A unit of nine professional and four administrative staff cover the region from headquarters, monitoring areas of concern, preparing briefing materials and providing substantive and administrative support to field presences. The Office continued to support the work of the special procedures mandate-holders on Cambodia, the Democratic Republic of Korea and Myanmar, as well as thematic mandate-holders visiting the region. The High Commissioner travelled to Nepal, Japan, Indonesia, the Islamic Republic of Iran, Sri Lanka and Afghanistan during the year. Country Offices Cambodia Date established 1993 Staff as at 31 December Expenditure in 2007 $1,413,588 Over the past decade, Cambodia has striven to reconstruct its legal framework and institutions after decades of destruction. It has seen the emergence of Young Cambodians listening to speakers at a rally of human rights activists at Wat Phnom, Phnom Penh, on Human Rights Day, December OHCHR 2007 REPORT

3 a vibrant civil society, political parties and regular elections. Yet, while the country has experienced strong economic growth, the benefits of this development are yet to be distributed in an equitable way. There is growing landlessness amongst the poor, continuing forced evictions and increasing numbers of indigenous peoples are being dispossessed of their land. The judiciary remains weak, with limited opportunities for people to find legal recourse and redress, which in turn continues to erode the rule of law and hamper efforts to curb impunity. OHCHR assists the Government in complying with its international obligations and implementing appropriate human rights legislation. In addition to assisting with individual cases of human rights abuse, the office s focus in 2007 was on promoting legal and judicial reforms and documenting the impact of land concessions on the human rights and livelihoods of affected populations. An 18-month extension of the current memorandum of understanding was signed between the Government and the High Commissioner on 1 November 2007 that provides a basis for the development of a new programme of technical cooperation in several key priority areas: land ownership, evictions, and prison reform. OHCHR also supports the Special Representative of the Secretary-General (SRSG) on the human rights situation in Cambodia in his monitoring and reporting activities. Activities Examined and responded to individual cases involving restrictions on freedom of expression or association, illegal arrests and other serious breaches of criminal process guarantees and forced evictions by raising concerns with the authorities, proposing responses and encouraging the Government to conduct credible investigations into reported allegations and ensure effective remedy. Provided expert advice to the Government on the scope of the provisions of the Convention on the Rights of Persons with Disabilities and its optional protocol and, together with the International Labour Organization and UNICEF, published the Convention in a bilingual English-Khmer edition. Worked closely with UNICEF to reduce custodial sentences for persons under the age of 18, in accordance with the Convention on the Rights of the Child. Worked with the SRSG to publish a study on the human rights impact of economic land concessions. Initiated and coordinated the development of a common position, endorsed by the UN Country Team, on evictions, based on domestic and international standards on housing rights and evictions. Participated in the Technical Working Group on Land, one of 19 sectoral groups set up by the Government and donors to develop joint strategies and action plans on land-related issues. Organized, together with the International Labour Office and the NGO Forum on Cambodia, a seminar on access to land by indigenous peoples, bringing together representatives of indigenous communities, the Government, civil society and UN agencies. Cooperated with the Ministry of Interior to make the draft law on peaceful assembly compliant with the Constitution and international norms accepted by Cambodia. Supported local NGOs with grants to enable them to undertake activities in a variety of fields, including prison reforms, labour rights, land disputes and human rights awareness-raising. Arranged for the translation into Khmer of four key human rights documents and a CD-ROM version of the 2005 Cambodian Compilation. Agreed with the Ministry of Interior to develop a joint prison reform support programme to improve conditions and treatment of detainees and prisoners. Results The Government strengthened its formal commitment to international standards established in human rights treaties, ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment in March, and signing the Convention on the Rights of Persons with Disabilities on 1 October Corrective action was taken by the authorities in a number of cases submitted by OHCHR, resulting in several releases and suspension of some evictions. In a landmark decision, the Constitutional Council in July 2007 reaffirmed that courts should take into account the age of the perpetrator when determining sentences. This decision restored consistency in the application of the law and reinforced the constitutional protection of the rights of children under the rule of law in Cambodia. In its decision, the Council made clear that the international human rights treaties to which Cambodia is party are part of Cambodian domestic law and directly applicable by judges in the courts. The Constitutional Court s ruling was a OHCHR 2007 REPORT 85

4 PART II response to a civil society petition that, in turn, was a product of capacity-building work led by the Cambodia office. There was significant improvement of the draft law on peaceful assembly, a key piece of legislation regulating the constitutional right to peaceful demonstration. There was wider awareness amongst Government, civil society and international actors of issues related to land concessions and the dispossession of rural and indigenous communities. Key Indicators: (SMP ) Progress in 2007 OHCHR in Cambodia: Performance in 2007 Authorities conduct credible investigations into cases of reported human rights violations and provide remedy NGO and civil society groups are better able to function and carry out their work without intimidation or serious threat Authorities adopt measures to end impunity in line with the relevant recommendations of the SRSG, Special Rapporteurs, the Human Rights Council treaty bodies, and the General Assembly Authorities adopt measures to end torture and inhumane, cruel, or degrading treatment in police detention cells and put in place human prison policies Credible steps taken to deal with corruption and impunity, including investigation and prosecution of reported cases Adoption and implementation of legislation relating to freedom of expression and association Credible steps taken to establish an independent judiciary, including through trials that meet standards for fair trials Basics laws consistent with Cambodia s international human rights obligations adopted and enacted Legal assistance in place to increase access to justice for the poor OHCHR continued to draw attention to the most serious instances of human rights violations and propose recommendations for corrective/preventive action. Progress in investigating cases of human rights violations remained tentative Civil society plays a key role in promoting and protecting human rights, but has faced restrictions. The Office has maintained a constructive dialogue with the Ministry of Interior regarding these restrictions and their impact on civil society organizations Khmer Rouge trials started hearings with five senior leaders accused. Instances of impunity of the past decade remain unaddressed Cambodia ratified the Optional Protocol to the Convention against Torture in 2007, and OHCHR is exploring with the authorities how best to implement it, via the required national preventive mechanism, and provide support to prison reform Cambodia signed the UN Convention against Corruption. The anti-corruption law has yet to be passed Legislation, improved through technical assistance to the Ministry of Interior, was pending by year s end Basic legislation for the functioning of the courts remained pending, including a fundamental law on the organization of the courts, a law on the status of judges and prosecutors, and the amendment to the law on the functioning of the Supreme Council of Magistracy. Office is working with the Extraordinary Chambers of the Courts of Cambodia to explore good practices and models that may help support the independence and integrity of the Cambodian judiciary Code of Civil Procedure and Code of Criminal Procedure adopted. Constitutional Council upholds application of international treaties in domestic law Most legal assistance provided by local NGOs, and the Cambodian Bar; four pilot houses of justice were opened, with another 20 to follow in OHCHR 2007 REPORT

5 Challenges and lessons learned The Cambodia office consolidated its programme around three interlinked units focusing on monitoring and protection, the rule of law, and land and livelihoods. This thematic emphasis sharpened the focus of the programme and helped identify clearer responsibilities for staff. This approach also brings OHCHR s programme more closely in line with the priorities identified under the UN Development Assistance Framework, which, in turn, should facilitate cooperation and joint programming with other members of the UN Country Team. Cambodia: Expenditure in 2007 Regular budget expenditure in US$ Extrabudgetary expenditure in US$ Personnel and 871,144 77,892 related cost Consultants 14,735 2,020 Official travel 33,985 28,217 Contractual Services 30,461 17,157 General operating 98,832 4,501 expenses Supplies & Materials 136,275 - Seminars, grants & 45,599 31,766 contributions Subtotal 1,231, ,554 Programme support - 21,002 costs TOTAL 1,231, ,556 Nepal Date established 2005 Staff as at 31 December Expenditure in 2007 $11,144,156 The positive political developments that occurred in 2006, including the successful negotiation of the Comprehensive Peace Agreement and the establishment of an Interim Parliament and Government, created high expectations, particularly in terms of ending discrimination, inequalities and impunity. As the peace process advanced in 2007, Nepal continued to face challenges in its transition. Respect for human rights, particularly the right to life, liberty and security, continued to be compromised by security problems, particularly in the Terai region, and by delays in making needed changes. OHCHR s Nepal operation was established in May 2005, immediately following the announcement of a ceasefire between the Nepal Army and Communist Party of Nepal (Maoist) insurgents. Its broad-ranging mandate encompasses monitoring, investigating and public reporting on human rights problems, and activities aimed at strengthening the capacity of Nepal s public institutions and civil society. Nepal is OHCHR s largest field office, with staff deployed in Kathmandu and in six local offices. An initial two-year agreement with the Government was renewed in 2007 for a further two-year period, ending 1 June In January 2007, the UN Security Council established the United Nations Mission in Nepal (UNMIN) to monitor the management of arms and armed personnel, and to assist with the monitoring of the ceasefire and with the elections for a Constituent Assembly. While independent of UNMIN, OHCHR s presence in Nepal is complementary to UNMIN s operations. Activities Carried out more than 400 field missions to monitor the human rights situation and issued four public human rights reports. Carried out special investigations into the events in Gaur in March 2007, in which 27 people were killed, and in Kapilvastu in September, in which 14 people were killed. Intervened in relation to protests and detention in the Terai region through direct discussions with the security forces in the region or with the Home Ministry. Conducted human rights training activities with the security forces and helped prepare standing orders. Intervened in cases involving abductions by armed groups in Terai and involving the Young Communist League through public statements and demarches. Raised individual cases of ill-treatment in detention with the Nepal Police and sought to secure the release of abductees through discussion with the Communist Party of Nepal (Maoist). Provided analysis, advice and formal recommendations in respect of proposed legislation, including the human rights protection provisions in the interim Constitution and the legal framework governing the National Human Rights Commission. Ran over 60 capacity-building workshops and training sessions on various human rights issues for civil society organizations, benefitting over 650 people. Organized a series of workshops in 11 districts, mainly in the Terai region, to encourage dialogue OHCHR 2007 REPORT 87