A/HRC/13/26
23.
The lead role of OHCHR on transitional justice within the United Nations system
provided the Office with the opportunity and the responsibility to explore and develop
issues related to transitional justice. OHCHR convened an Expert Workshop on Lessons
Learned and Future Directions on Transitional Justice in May 2009, the results of which
were provided to the Human Rights Council at its twelfth session. In the area of
disarmament, demobilization and reintegration, my Office actively engaged with the
Department of Peacekeeping Operations on the development of guidelines to operationalize
the role of United Nations agencies in this area. OHCHR also issued a guidance note on
national human rights institutions (NHRIs) and organized a regional conference in Africa
on the role of NHRIs in facilitating justice and peace, particularly in the establishment of
transitional justice mechanisms in post-conflict societies.
24.
Impunity is a feature of conflict, and the interaction between human rights law and
international humanitarian law is critical to OHCHR efforts to combat impunity. At the
request of the Council, OHCHR, in consultation with the International Committee of the
Red Cross, organized an expert meeting on the issue of protecting the human rights of
civilians in armed conflict. The meeting underlined the complementary and mutually
reinforcing nature of human rights law and international humanitarian law and considered
appropriate mechanisms to monitor the implementation of human rights in situations of
armed conflict. As requested by the Council, a second meeting will take place in 2010.
25.
The primary guardians of accountability at the national level, on behalf of the State,
are the various components of the formal justice system, including police, judges, military
courts, prosecutors, lawyers and corrections staff. Throughout 2009, OHCHR continued to
work with these bodies in order to provide them with the knowledge, capacity and
willingness to discharge their duties in the context of human rights. Regional colloquia for
judges, training on the monitoring of legal systems in peace missions, and the expert
promotion of administrative justice as means of securing human rights were used to engage
the formal justice system. OHCHR continued to draw particular attention to the rights of
detainees, particularly pretrial detainees, following the launch of its year-long campaign on
this issue in December 2008, as well as the rights of those sentenced to death.
26.
Impunity is facilitated if the rule of law is not underpinned by an appropriate
constitutional framework. In 2009, OHCHR continued to provide technical assistance to
States on constitution-making and constitutional reform. OHCHR built on its previous work
on the prevention of genocide providing technical support to the Secretary-General’s
Special Advisers on the Prevention of Genocide and on the Responsibility to Protect,
respectively, as well as support to initiatives of Member States.
E.
Migration
27.
The plight of migrants, and particularly migrants in irregular situations, is one of the
most critical human rights challenges. Migration can be positive for migrants and home and
host societies, but the reality for many migrants is discrimination, exploitation and abuse.
OHCHR has continued to advocate, including through its active participation in the Global
Migration Group (GMG), a human rights approach to migration which places human rights
obligations at the centre and promotes the use of human rights mechanisms to promote and
protect the rights of migrant women, men and children at all stages of the migration
process. From July to December 2010, OHCHR will take over the rotating chair of the
GMG, providing an opportunity to further strengthen its leadership and contribution to
United Nations system-wide efforts on migration.
28.
Efforts to promote the ratification of the International Convention on the Rights of
Migrant Workers and Members of Their Families, including through the coordination of the
Steering Committee of the Global Campaign for Ratification of the International
8
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