A/HRC/35/20
2.
Strategic litigation and the Maya Programme in Guatemala
41.
The Maya Programme was established in 2009 to empower indigenous Mayan,
Xinca and Garifuna peoples, communities and organizations to achieve stronger negotiating
power and participation in public life. It is implemented by OHCHR, UNDP and UNICEF
and is overseen by a steering committee comprising representatives of the Secretariat of
Planning and Programming of the Presidency, OHCHR, UNDP and UNICEF. In the first
phase of the programme, from 2009 to 2013, 18 indigenous organizations filed cases before
administrative or judicial bodies on various issues, including rights relating to land,
territory and natural resources, discrimination, access to justice, consultation, selfdetermined development and cultural rights. Five cases received favourable rulings, and
three, for which national remedies had been exhausted, were submitted to the InterAmerican Commission on Human Rights.
42.
OHCHR interventions, in collaboration with indigenous peoples’ organizations,
have led to positive outcomes, such as the establishment of a support network for
organizations working on indigenous rights, and an increased use of national and regional
protection systems by those organizations. The Maya Programme has also built up the
capacity of judicial officials and has promoted changes in the legal and political culture of
judges as duty bearers, so that they hand down rulings in accordance with international law.
A second phase of the project was initiated in 2014.
3.
Achieving results through broad participation in the Republic of Moldova
43.
The efforts by OHCHR to ensure a broad participation of stakeholders in its
technical cooperation projects were acknowledged in, for example, the external evaluation
of the OHCHR project entitled “Combating discrimination in the Republic of Moldova,
including in the Transnistrian region” (2014-2015).11 In the Republic of Moldova, OHCHR
decided to implement an anti-discrimination project by engaging one disability
organization, one Roma NGO and one organization for lesbian, gay, bisexual and
transgender persons. Also, a Roma person was hired to work with so-called “Roma
community mediators”. These implementing partners were selected among
organizations/individuals forming part of, or already working with, the target communities
— in this case minority groups who were victims of discrimination. The participation of
these beneficiaries in the project was an important strategy in creating networks of victims.
With the continued support of OHCHR, these networks managed to establish themselves as
officially registered NGOs and associations, which ensured a high degree of sustainability
for the project activities.12
4.
Involving civil society in technical cooperation with State stakeholders
44.
In Mexico, the Law for the Protection of Human Rights Defenders and Journalists,
of 2012, provides for a national mechanism to address threats to human rights defenders
and journalists. The law was drafted with the participation of civil society actors and
Congress and was supported by international NGOs and OHCHR Mexico. The
participation of OHCHR in joint Government-civil society projects can sometimes facilitate
the process and improve the outcome. OHCHR can provide access to comparative
experiences from other countries and can sometimes increase the level of trust between the
parties involved in the project.
45.
In Colombia, over a period of five years (2005-2009), OHCHR, UNDP and the
diplomatic community, as recognized neutral parties, facilitated effectively a productive,
multi-stakeholder dialogue and increased the attention to United Nations human rights
recommendations in Colombia, which resulted in concrete policy action, including a
government directive to combat extrajudicial executions. The well-documented process
11
12
“External evaluation of the OHCHR project ‘Combating discrimination in the Republic of Moldova,
including in the Transnistrian region (2014-2015)’ “, section on good practices, December 2015,
available from
www.ohchr.org/Documents/AboutUs/Evaluation/CombatingDiscriminationRepMoldova.pdf.
Ibid., evaluation question No. 7.
9
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