A/HRC/12/18
page 8
(b)
Asia and the Pacific
15. The 2005 Action Plan on Peace, Reconciliation and Justice in Afghanistan mandates the
Afghanistan Independent Human Rights Commission (AIHRC) to undertake truth-seeking
activities. AIHRC has been investigating and documenting human rights violations committed
during conflict, and is planning to publish a mapping document in 2009. HRU UNAMA
(United Nations Assistance Mission in Afghanistan) has provided technical assistance to this
project, particularly with regard to collecting victim and witness testimonies and devising
strategies to protect mass graves to safeguard evidence. It has also been raising awareness on the
right to truth, collaborating with AIHRC and two victims’ groups to organize a travelling theatre
project portraying the plight of victims and advocating for truth in April 2008. The Unit
subsequently distributed a video documentary that contains scenes from the play as well as
interviews with victims and human rights activists on the need for truth-seeking.
16. The 2006 Comprehensive Peace Agreement and the Interim Constitution in Nepal both
contain commitments to establish a TRC. In mid-2007, the Ministry of Peace and Reconstruction
produced a draft TRC bill without prior national consultations. The Ministry subsequently
commenced a series of regional consultations at which interested parties are afforded an
opportunity to comment on the legislation. OHCHR Nepal has shared information on
comparative experiences and relevant human rights and international humanitarian law
standards, provided financial and logistical assistance for consultations, and assisted the
Ministry’s efforts to document the consultative process. OHCHR Nepal continues to support the
Ministry in conducting further thematic and district-level consultations, as well as undertaking
initiatives to empower civil society and national institutions to participate in the transitional
justice process. OHCHR Nepal continues to provide commentary on successive versions of the
TRC bill. In February 2009, the President promulgated the Disappearances (Crime and
Punishment) Ordinance, which criminalized enforced disappearances and provided a framework
for the establishment of a commission of inquiry on disappearances. However, the ordinance has
lapsed since it did not receive parliamentary approval. The Government is proceeding with
further draft legislation. In addition to distributing model provisions, OHCHR Nepal is providing
recommendations on ensuring the legislation’s consistency with international human rights
standards.
(c)
Latin America and the Caribbean
17. In June 2005, the Congress of Colombia approved the Justice and Peace Law, which
established a special judicial process for demobilized members of illegal armed groups who offer
information about their past activities and provide reparations to the victims of crimes for which
they are responsible. OHCHR Colombia has been monitoring implementation of the Law by
attending voluntary depositions of demobilized soldiers, promoting better coordination between
different units of the Prosecutor-General’s Office, observing the exhumation of bodies of
disappeared persons and providing information to victims and victims’ groups seeking to assert
their rights under the Law.
18. The agreement to establish the International Commission against Impunity in Guatemala
entered into force in September 2007. The Commission is a hybrid mechanism with the capacity
to conduct independent investigations, present criminal complaints to Guatemala’s Public
Prosecutor and take part in criminal proceedings as a complementary prosecutor in the
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