A/HRC/39/24
48.
During the discussion, participants noted that in some countries victims felt unable
to report human rights violations, and thus the absence of complaints could be an early
warning sign. In the context of Sustainable Development Goal 16, the proportion of crimes
reported and the rate of sentencing should be examined both with numerical indicators and
qualitative indicators. Furthermore, a human rights-based dialogue was needed between
those who collected the data and those who used it.
E.
Prevention in practice at the local and regional levels
49.
The Chief of the Asia-Pacific Section of OHCHR moderated the session focusing on
prevention in practice at the local and regional levels. The panellists were Raju Chapagai,
head of the Juri Nepal civil society organization in Kathmandu; Budi Tjahjono, AsiaPacific programme coordinator at Franciscans International; and Yves de Matteis, President
of the Human Rights Commission of the Geneva Parliament and project manager for the
bureau for the integration of foreigners of the State of Geneva.
50.
Mr. Chapagai shared his experiences of using strategic litigation to combat impunity
in Nepal. Civil society organizations and victims’ groups had used strategic litigation to
challenge laws, policies and attitudes of the authorities favouring impunity. He referred to
several examples of litigation — including to hold the Government accountable for
developing a system of vetting, to outlaw amnesties for serious crimes, and to prevent the
arbitrary withdrawal of criminal prosecutions. With regard to the latter, the court had
established a list of exempted cases not permissible for withdrawal and the Government had
subsequently revised its policy guidelines and procedures. Furthermore, strategic litigation
had yielded court decisions that had secured the criminalization of serious violations,
including enforced disappearance and torture.
51.
He noted a key message emerging from recent domestic jurisprudence, namely that
the establishment of transitional justice mechanisms must not displace the role of the
criminal justice system, but that they should complement each other. Civil society
organizations had initiated and supported several habeas corpus petitions to protect people
from arbitrary detention and enforced disappearance. Furthermore, their regular visits to
places of detention and their monitoring at the grass-roots level had reduced incidents of
torture and other human rights violations.
52.
Mr. Tjahjono provided an example of mining operations and their negative impact
on the rights of indigenous peoples. He stated that an open pit copper and gold mining
project had been accompanied by threats, arrests, killings, displacement, lack of
consultations, and failure to secure free, prior and informed consent. The project had been
symbolic for advocacy in terms of the importance of dialogue between affected
communities and local government. Human rights impact assessments had been undertaken
by academics, who had found that the project would have an adverse impact on the
indigenous peoples concerned.
53.
He emphasized the importance of linking local human rights advocacy with the
international level, such as treaty bodies, the universal periodic review and special
procedures. With regard to the latter, he referred to the Special Rapporteur on the rights of
indigenous peoples and the Working Group on the issue of human rights and transnational
corporations and other business enterprises. He noted that local populations sometimes felt
left behind, and that advocacy tactics had not been inclusive enough. In addition, there was
an implementation gap of international norms and standards, as oftentimes national
governments did not abide by the requirement of free, prior and informed consent by
indigenous peoples, in order to take advantage of lucrative mining projects.
54.
From the local level, Mr. de Matteis relayed his experience as President of the
Human Rights Commission of the Geneva Parliament. The Commission could choose to
address virtually any subject without being specifically summoned to do so by the Geneva
Parliament. The Commission had, for example, addressed prejudice and discrimination in
schools, by commissioning a related study based on interviews with teachers, adult
professionals, students and pupils. The focus had initially only been on preventing racism
and religious intolerance, however the commissioners had decided to also include
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