Dear Colleagues,
Let me share some experiences of Ecuador UNCT regarding the engagement with Human Rights Special Procedures.
Following Ecuador ‘s open invitation to all thematic special procedures issued in 2003, several HR Special Procedures have recently visited the country:
- Special Rapporteur on the Independence of Judges and Lawyers, Leandro
Despouy (March, July and November 2005)
- Working Group on Arbitrary Detention (February 2006)
- Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, Rodolfo Stavenhagen (April- May 2006)
- Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination (August-September 2006)
- Special Rapporteur of the Commission on Human Rights on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt (May 2006)
The context of inviting each SP has been different: SR on the right to health has been directly invited by the present government for an urgent visit focusing on aerial spraying realized by Colombia and its possible impacts on the health of Ecuador’s border population; while urgent visit by SR on the Independence of Judges and Lawyers was requested by civil society when the National Congress unconstitutionally dismissed the members of the Supreme Court of Justice, the Constitutional Tribunal and the Supreme Electoral Tribunal in late 2004.
The UNCT (mainly trough UNDP and with a close support of OHCHR) has been extensively supporting each SP visit through establishing a UN support team and coordinator/focal point (UN staff more closely related to the visiting SP mandate); providing relevant information and documents (elaborated by UN, civil society -HR and justice related NGOs, universities, indigenous organizations, etc.- and government); close coordination with Ministry of Foreign Affairs for the elaboration of the agenda (being the MFA responsible for organizing the meetings with state entities and UNCT responsible for civil society meetings), including specific meetings with UN local agencies; and general thematic and logistic previous preparation and support during the mission.
Each visit has ended in a press conference (held in UN house), presenting SP preliminary conclusions and recommendations. Final SP reports have been circulated in Ecuador, mainly through UNCT web site and e-mail; main recommendations have also been the subject of some of UN weekly radio program; and report of SR on indigenous rights will soon be published with OHCHR support.
Close follow up of main recommendations of the SR on the Independence of Judges and Lawyers, led to a major UN coordination effort -together with the Organization of American States and the Community of Andean Nations- supporting the national process of reconstitution of the Supreme Court of Justice (which culminated after several months of day-to-day national and international monitoring -including several UN experts- of the selection process of the new judges).
This UN institution-building initiative was considered by the Secretary General to be reflecting an exemplary coordination and cooperation between UN and regional/sub regional organizations as well as among UN departments and agencies, and by SR Despouy to be a real innovation in UN’s activities in this field, by supporting national efforts to ensure transparency.
Follow up to main recommendations of SR Despouy has had significant impacts on development work and country programming:
- the new court, with a renewed legitimacy and international support -including UN/UNDP-, has recently released the National Strategic Plan of the Judicial Function (2007-2012)
- the UN/UNDP has positioned itself as a reliable and important partner for Justice issues, while it supports the coordination of international donors activities in this field, and has increased its specific programs (on re-institutionalization of main courts –with Spain Cooperation-, strengthening access to justice and public defense –UNDP DGTTF-, etc.)
- a OHCHR Senior Human Rights Advisor is integrating the UNCT this week, in order to advice and support the government and the UN on strategies to promote and protect human rights, with a special focus on strengthening the Administration of Justice
Of particular relevance is also the UNCT support to the visit of the SR on indigenous rights and the promotion of the inclusion of his recommendations in development work and country programming. The visit and recommendations has allowed to complement and strengthen several ongoing UN initiatives such as the work and planning of the UN Interagency Working Group on Intercultural Issues; the elaboration process of a specific MDG report on Indigenous Peoples; the HURIST 2nd phase project on promoting indigenous rights; and the process of establishing a Consultative Committee between main indigenous peoples/organizations and the UNCT.
The UN RC/UNDP RR also participated in 2006 -presenting Ecuador’s experience- in the Expert seminar on best practices for the implementation of the recommendations of UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples (organized by Rights and Democracy).
Of particular interest for the improvement of our engagement with SR procedures is, for instance, the STUDY REGARDING BEST PRACTICES CARRIED OUT TO IMPLEMENT THE RECOMMENDATIONS CONTAINED IN THE ANNUAL REPORTS OF THE SPECIAL RAPPORTEUR: http://ap.ohchr.org/documents/sdpage_e.aspx?m=73&t=9
Kind regards,
Michel Guinand
Program Officer
UNDP Ecuador
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