A/HRC/34/74
19.
The Board was as struck by the challenges ahead as by what has been achieved in
the country to date. In the continuing context of crisis and a huge reform agenda, the
progress that has been made should be sustained, and new challenges met and addressed.
Several groups expressed their concern that, without continued support from the Office,
there was a real risk of backsliding. The Board shares these concerns, and is of the view
that the commitment to Guatemala and the strategy and modes of operation of the Office
should be maintained and further strengthened. Some of the challenges remaining relate to
transitional justice in Guatemala. While the Board was pleased to learn of the positive
developments with regard to transitional justice, it also became aware of the technical
support still required and how far there is to go before the national objectives of justice can
be achieved. High expectations have been placed on the Office and the important role it
should continue to play in this key area, where thematic expertise should be boosted,
possibly by strengthening the support currently available.
20.
In Guatemala, the Board was able to obtain a deeper insight into the importance and
relevance of its mandate relating to both the Voluntary Fund for Technical Cooperation and
the Voluntary Fund for Financial and Technical Assistance in the Implementation of the
Universal Periodic Review. During its meetings and in discussions held with other OHCHR
representatives during the session, the Board noted that, although Guatemala is not
currently a recipient of the latter fund, the implementation of review recommendations was
a fully integrated aspect of the programmes offered by the Office, as was work related to
implementation of the recommendations made by other human rights mechanisms. OHCHR
is clearly better placed to provide expert technical assistance in this regard.
21.
The Board was informed by several United Nations agencies and programmes
operating in Guatemala on how they relied on the information provided by the country
office and on advice concerning international human rights standards, in order to ensure full
compliance in supporting the State’s efforts to fulfil its international human rights
obligations. The role of OHCHR in United Nations country teams, and particularly in
developing and implementing the human rights-based United Nations programmatic tools,
such as the United Nations Development Assistance Framework, is now more significant
than ever in the light of the 2030 Agenda for Sustainable Development. In a country like
Guatemala, where overcoming discrimination and exclusion continues to feature
prominently in all national and United Nations efforts, leaving no one behind while
ensuring full respect of human rights is an inevitable responsibility. The Office is seen as
the expert point of reference and the main facilitator in this important endeavour with all
key partners in the country.
22.
The human rights impact and implications of business activities, and in particular the
challenges involved in ensuring mechanisms for informed and meaningful consultations
with affected local communities prior to any approval of a development project, including
in particular marginalized and disadvantaged persons, are issues of particular relevance to
the Board. This is an area where systematic documentation and the sharing of good
practices across countries, and even globally, are of crucial importance in order to continue
to provide effective technical cooperation support on the ground. In several of the countries
it visited, the Board was informed on the role that the Office could play, and is expected to
play, in supporting meaningful consultation processes, in particular in relation to
development projects. The Office has, in general, managed to advance its capacities in
providing guidance on development, for example on land-related issues (relying also on the
experience of the country office in Cambodia). In the next programming cycle, it would be
worth investing, with other relevant partners, such as the International Labour Organization
and the United Nations Development Programme, in the assembly of good practices and in
providing evidence-based assistance in consultations with indigenous peoples and also in
helping businesses to fulfil their human rights responsibilities more effectively.
7
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