A/HRC/4/102
page 12
37.
In Afghanistan, the Human Rights and Rule of Law Units of UNAMA, in coordination
with UNDP, UNIFEM, UNODC and UNICEF, as well as donors, has undertaken a number of
activities to enhance justice sector coordination, to support the development of a government
strategy for the justice sector, to strengthen the legal framework, to improve the physical
infrastructure of justice institutions, to improve access to justice including through the provision
of legal aid, to improve the situation of women and children in the justice sector, to effectuate
reforms of the prison sector, to address the legacy of gross human rights violations through the
development, and to implement the “National Action Plan on Peace, Reconciliation and Justice”.
38.
In Angola in 2005, UNDP, UNICEF, the United Nations Interregional Crime and Justice
Research Institute (UNICRI) and the Human Rights Office of OHCHR in Angola jointly
supported the work of the Commission on the Reform of the Justice System, established by the
President of Angola and coordinated by the Ministry of Justice.
39.
In Guatemala, OHCHR provided assistance to the Commission for the Support and
Follow-Up on the Strengthening of the Justice Sector by drafting a sector report on access to
justice by indigenous people.
Constitutional assistance
40.
During the period 2004-2006, OHCHR provided advice in connection with draft
constitutions or constitutional issues in a number of countries including Bhutan, Democratic
Republic of the Congo, Colombia, Iraq and Nepal. In the case of Bhutan and the Democratic
Republic of the Congo, comments were given on new draft constitutions in 2005 and 2004,
respectively. In Nepal, in July 2006, the Interim Constitution Drafting Committee requested the
Office to provide its advice with respect to human rights and specific comments on draft
provisions relating to the National Human Rights Commission. The OHCHR Nepal office also
provided comments on a subsequent draft to negotiating teams in September 2006. In Colombia,
the Office made comments on the constitutional reform project in 2004.
41.
This assistance was most institutionalized in the case of assistance in Iraq where UNAMI
established an Office of Constitutional Support. OHCHR participated in activities organized by
UNAMI and provided input on the draft Iraqi Constitution. This included comments on drafts,
as well as on assistance in implementation. For example, in April 2006, the Office of
Constitutional Support, with support from the human rights component of UNAMI, UNDP and
the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy, organized a
conference on “The Judiciary in Iraq: Competence and Perspectives for the Constitutional
Review and Implementation Process”. Iraqi participants from political parties, the judiciary, the
bar association and academia discussed issues including the Federal Supreme Court, the
Supreme Judicial Council, the Shura Council, regional courts, conditions of service, special
courts, the role of Islam in the Constitution, and transitional justice.
Legislative assistance
42.
In Angola, in 2006, the Human Rights Office provided substantive input to a new draft of
the new Penal Code on matters relating to juvenile justice, war crimes, crimes against humanity
and genocide, and on issues relating to HIV/AIDS. OHCHR also provided contributions to a
revised law on pretrial detention.
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