2. Views expressed by member and observer States of the Council
on the review outcome
687. India commended Guatemala on the open and fruitful exchange of views that took place during the review and welcomed the detailed responses given to the recommendations, which shows the seriousness with which these have been considered. India noted the reiterated political will expressed by Guatemala and its full commitment to the promotion and protection of human rights and stated that this positive approach was also evident in the engagement of Guatemala during the universal periodic review process. India wished full success to Guatemala in further improving the situation of human rights in the country.
688. Slovenia expressed its appreciation to the commitment expressed by Guatemala throughout the whole universal periodic review and commended the fact that it accepted all the recommendations addressed to it and the spirit in which it was done. Slovenia welcomed in particular that Guatemala accepted the recommendations made by its delegation during the review. It called on Guatemala to consider informing the Council on a voluntary basis on the progress made in implementing the recommendations prior to the next review in four years time.
689. Franciscans International emphasized the openness to dialogue displayed by the national delegation during the review on the issue of violence against children and adolescents in Guatemala. It noted with satisfaction the Government’s intention to implement a national policy to combat juvenile violence, which would in practice prevent juvenile violence and encourage education for boys and girls who are victims of violence, or engaged in the “maras”, the youth gangs. It noted that prevention and education were key to breaking out of the circle of violence, and requested Guatemala to devote adequate resources to the full and effective implementation of that national policy. It also called on Guatemala to promptly proceed with the practical implementation of the recommendations arising out of the universal periodic review with respect to the rights of indigenous peoples, since they constitute one of the most vulnerable sectors of the Guatemalan community.
690. The Centre on Housing Rights and Evictions was pleased by Guatemala’s progressive efforts in the implementation of the housing infrastructure, but asked that the issue of land and property rights of indigenous people be addressed. It appreciated Guatemala’s efforts to create new human rights institutions to tackle impunity and democratize access to justice but noted that crimes committed during the conflict such as genocide, torture and enforced disappearances have still not been fully investigated. It highlighted that the resettlement of the displaced following armed conflict and other land-related issues are only partially implemented. It urged Guatemala to provide full reparations and to bring to justice all those responsible for human rights violations in the case of Rio Negro. It also expressed concern on the threatened forced evictions of more than 30 indigenous communities as a result of the planned or implemented development projects, without due process of consultation, participation and information of affected communities. It endorsed the recommendation made to Guatemala to follow up on the recommendations made by the Committee on the Elimination of Racial Discrimination and other human rights bodies towards enhancing the equal protection of indigenous peoples. It regretted that Guatemala did not approve legislation to regulate indigenous rights, noted that the absence of an Agrarian Law has resulted in the non-recognition of communal and cultural rights of indigenous peoples over their territories, and was concerned about measures taken to ensure investigation of violence against human rights defenders, and suggested that the coordination between the police and the Office of the Attorney-General be increased.
4. Views expressed by the State under review on the
outcome and concluding remarks
691. Guatemala reiterated its appreciation for the statements made on 6 May 2008 and the recommendations resulting from that session, as well as for the issues raised at the present meeting. It further reiterated the commitment of Guatemala to promoting and protecting human rights. As noted earlier, some of the recommendations had already been envisaged as part of public policies and the implementation of recommendations made by treaty bodies, visiting special procedures and as a result of contacts with the Inter-American human rights system.
Peru
692. The review of Peru was held on 6 May 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by Peru in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/2/PER/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/2/PER/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/2/PER/3).
693. At its 19th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on Peru (see section C below).
694. The outcome of the review on Peru is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/37), together with the views of Peru concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group.
1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments
695. Mr. José Eduardo Ponce Vivanco, Ambassador and Permanent Representative of Peru to the United Nations Office at Geneva reiterated the commitment of Peru to the universal system for the promotion and protection of human rights, and in particular to the Council. Peru participated actively in the institution-building of the Council and supported the creation of the universal periodic review mechanism, which is an essential mechanism to ensure equal treatment to all Member States, regardless of their level of development.
696. The first two sessions of the Working Group on the Universal Periodic Review have been positive, since the 32 countries that were examined demonstrated their genuine commitment to the system. Peru hoped that the procedural issues raised during the first two sessions have now been fully resolved. It noted however the importance of refining the way in which questions, comments and recommendations are formulated. It is essential to avoid both a politicization of the exercise and also disproportionate words of praise, and advisable to avoid repetitive statements that ignore the concrete situation in each country being examined. It indicated that the dialogue should focus on actions and facts that can objectively contribute to addressing human rights issues in the countries being examined. This should be the responsibility incumbent of all States that want the universal periodic review to be an effective instrument in order to improve the human rights situation in the countries being reviewed.
697. During the review, Peru always kept in mind the ultimate goal of the exercise, as being to contribute to the enjoyment of human rights in the country. Thus, Peru acknowledged its actual shortcomings and challenges and reiterated its appreciation to all States that participated in the dialogue with Peru contributing to it with valuable recommendations.
698. Considering the recommendations, Peru noted that the second part of recommendation 4, as well as recommendations 17 and 20, are relevant to the commitments that the Government made during the session of the Working Group and therefore accepts them with pleasure. Regarding the others, not directly linked to the three voluntary commitments made by Peru, it indicated that in a constructive spirit and within the framework of its national legislation, Peru will study each of the recommendations, and these will also serve as substantial guidance for the human rights agenda. Peru indicated that recommendation 3 however cannot be implemented within the constitutional and legal framework, but recalled that for more than 30 years there has not been a single execution in Peru. Peru also reiterated its firm commitment to continue being part of the Inter-American system.
699. Peru summarized its voluntary commitments within the context of the first review and highlighted the open invitation made in 2002 to all United Nations human rights mechanisms to visit Peru, which remains valid.
(a) With regard to the submission of reports to treaty monitoring bodies, Peru indicated that it will submit the pending periodic reports according to the following schedule:
-
Report to the Committee on the Elimination of Racial Discrimination, December 2008
-
Report to the Committee on Economic, Social and Cultural Rights, December 2008
-
Report to the Human Rights Committee, June 2009
(b) Concerning obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Peru reiterated its full willingness to comply with the obligations accepted when ratifying it. In accordance with articles 3 and 17 of the Optional Protocol, one or various independent national preventive mechanisms will be designated. Within the framework of the current policy of dialogue, the Ministry of Justice will seek to define the most adequate mechanism at the earliest possible time;
(c) Concerning the National Human Rights Plan, Peru indicated that dialogue will be the most effective tool to achieve the goals of the Plan and to establish a national human rights agenda. Peru will strengthen the National Human Rights Council by establishing round tables that will allow for permanent and institutional dialogue.
700. Peru further informed that upon her return to Peru following the review of Peru at the second session of the Working Group, the Minister for Justice established a working group composed of representatives of public institutions and civil society to evaluate progress and make further proposals. Peru is prepared to carry out appropriate follow-up to the recommendations and commitments, to be carried out by relevant national institutions, such as the Ministry of Justice, the National Human Rights Council and other State entities, in coordination with other relevant stakeholders in the country. Peru further noted that it is convinced that the universal periodic review exercise cannot be considered to have finished with the dialogue within the Working Group and the additional plenary discussion in the Council. Rather, Peru would like to continue with this productive exchange of ideas and to report back progressively and regularly on progress achieved.
Share with your friends: |
