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又重申其关于宣布国际年的 1998 年 12 月 15 日第 53/199 号和 2006 年 12 月20 日第 61/185 号决议，以及经济及社会理事会关于国际年和周年纪念的 1980 年7 月 25 日第 1980/67 号决议，特别是该决议附件中关于宣布国际年的商定标准的第 1 至 10 段，以及其中规定在为组织工作和经费筹措作出基本安排之前不应宣布国际日或国际年的第 13 和 14 段， | Reaffirming also its resolutions 53/199 of 15 December 1998 and 61/185 of 20 December 2006 on the proclamation of international years, and Economic and Social Council resolution 1980/67 of 25 July 1980 on international years and anniversaries, in particular paragraphs 1 to 10 of the annex thereto on the agreed criteria for the proclamation of international years, as well as paragraphs 13 and 14, in which it is stated that an international day or year should not be proclaimed before the basic arrangements for its organization and financing have been made, |
注意到冰川是水文循环的一个关键组成部分，当前冰川的加速融化和消退对气候、环境、人类福祉和健康的维护以及可持续发展产生严重影响， | Noting that glaciers are a critical component of the hydrological cycle and that the current accelerated melting and retreat of glaciers have severe impacts on the climate, the environment, the maintenance of human well-being and health and sustainable development, |
关切地注意到政府间气候变化专门委员会题为《全球升温 1.5℃》和《不断变化的气候中的海洋和冰冻圈》的特别报告所载研究结果， | Noting with concern the findings contained in the special reports of the Intergovernmental Panel on Climate Change entitled Global Warming of 1.5°C and The Ocean and Cryosphere in a Changing Climate, |
重申《巴黎协定》1 及其迅速生效，鼓励协定所有缔约方充分执行该协定，鼓励尚未交存批准书、接受书、核准书或加入书的《联合国气候变化框架公约》2 缔约方酌情尽快交存，并重点指出执行《2030 年议程》与《巴黎协定》的协同增效作用， | Reaffirming the Paris Agreement1 and its early entry into force, encouraging all the parties to the Agreement to fully implement the Agreement, and parties to the United Nations Framework Convention on Climate Change 2 that have not yet done so to deposit their instruments of ratification, acceptance, approval or accession, where appropriate, as soon as possible, and highlighting the synergies between the implementation of the 2030 Agenda and the Paris Agreement, |
欢迎 2021 年 10 月 31 日至 11 月 13 日在大不列颠及北爱尔兰联合王国格拉斯哥举行联合国气候变化框架公约缔约方大会第二十六届会议以及 2022 年 11 月6 日至 18 日在埃及沙姆沙伊赫举行缔约方大会第二十七届会议， | Welcoming the holding of the twenty-sixth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, in Glasgow, United Kingdom of Great Britain and Northern Ireland, from 31 October to 13 November 2021, and the twenty-seventh session of the Conference of the Parties, in Sharm el-Sheikh, Egypt, from 6 to 18 November 2022, |
考虑到水议程与气候议程之间的联系，以及有机会在联合国气候变化框架公约缔约方大会第二十七届会议和联合国 2018-2028“水促进可持续发展”国际行动十年目标执行情况中期全面审查会议的背景下促进这两项议程，办法是推进水适应和复原力行动，打造提供易获取、及时、可靠、分类和切合目的的数据并实施监测的预警系统，并提供能力建设和培训方面的支持，特别是在发展中国家， | Taking into account the links between the water and climate agendas, and the opportunity to promote them in the context of the twenty-seventh session of the Conference of the Parties to the United Nations Framework Convention on Climate Change and the United Nations Conference on the Midterm Comprehensive Review of the Implementation of the Objectives of the International Decade for Action, “Water for Sustainable Development”, 2018–2028, by building on actions on water adaptation and resilience and fostering early warning systems providing accessible, timely, reliable, disaggregated and fit-for-purpose data and monitoring, as well as providing support in relation to capacity-building and training, especially in developing countries, |
认识到在许多高山地区，冰川消退和永久冻土融化预计会进一步降低坡体的稳定性，冰湖溃决洪水或雨雪混合洪水、山体滑坡和雪崩的发生率预计将增加，并在新的地点或不同季节发生， | Recognizing that, in many high mountain areas, glacier retreat and permafrost thaw are projected to further decrease the stability of slopes, and that the incidences of floods owing to glacier lake outburst or rain-on-snow, landslides and snow avalanches are projected to increase and occur in new locations or different seasons, |
注意到过去几十年来，全球变暖导致冰冻圈大范围缩小、冰盖和冰川大量流失、积雪减少，进而导致高山地区稳定性降低，改变了以积雪为主和靠冰川补给的河流流域的径流和水资源的数量和季节性，并导致一些高山地区的农业产量局部下降、缺水包括下游可用水资源减少以及全球平均海平面上升， | Noting that, over the past decades, global warming has led to widespread shrinking of the cryosphere, with mass loss from ice sheets and glaciers and reductions in snow cover, which have decreased the stability of high mount ain areas and changed the amount and seasonality of run-off and water resources in snow-dominated and glacier-fed river basins, as well as contributed to localized declines in agricultural yields in some high mountain regions, water scarcity, including red uced downstream water availability, and increased global mean sea level, |
又注意到全球气温持续上升可能对某些复原力低的生态系统造成不可逆转的影响，例如极地、山区和沿海三角洲生态系统，这些生态系统受到冰盖、冰川和积雪融化的影响，并受到加快上升且上升幅度高出承诺的海平面上升的影响， | Noting also that continuous global temperature rise may result in irreversible impacts on certain ecosystems with low resilience, such as polar, mountain and coastal delta ecosystems, impacted by ice sheet, glacier and snow cover melt and by accelerating and higher committed sea level rise, |
认识到在联合国教育、科学及文化组织宣布的 1965-1974 年国际水文十年期间首次审议了盘点全球现有的常年冰雪总量的必要性， | Recognizing that the need for a worldwide inventory of existing perennial ice and snow masses was first considered during the International Hydrological Decade, declared by the United Nations Educational, Scientific and Cultural Organization for the period 1965–1974, |
强调迫切需要提高对保护冰川的认识，推动和促进相关行动和可持续举措，包括酌情开展跨境合作以及在各级实施冰川综合管理， | Stressing the urgent need to raise awareness of and to promote and facilitate actions and sustainable measures towards preserving glaciers, including through transboundary cooperation, as appropriate, as well as its integrated management at all levels, |
认识到与地球冰冻圈有关的举措对于实现可持续发展目标和实施 2018-2028“水促进可持续发展”国际行动十年的重要性，表示注意到 2022 年 6 月 6 日至 9 日在杜尚别举行的第二届 2018-2028“水促进可持续发展”国际行动十年高级别国际会议的成果，会议支持塔吉克斯坦关于宣布 2025 年为国际冰川保护年的倡议，赞赏地注意到打算加强一项促进及时获取关于冰冻圈的准确信息的国际机制， | Recognizing the importance of initiatives related to the Earth’s cryosphere for the achievement of the Sustainable Development Goals and for the implementation of the International Decade for Action, “Water for Sustainable Development”, 2018–2028, Taking note of the outcomes of the second High-level International Conference on the International Decade for Action “Water for Sustainable Development”, 2018–2028, held in Dushanbe from 6 to 9 June 2022, which support the initiative of Tajikistan on declaring an international year of glaciers’ preservation in 2025, and noting with appreciation the intention to strengthen an international mechanism to facilitate access to accurate and timely information on the cryosphere, |
1. 决定宣布 2025 年为国际冰川保护年，并决定宣布每年的 3 月 21 日为世界冰川日，从 2025 年开始庆祝； | 1. Decides to declare 2025 the International Year of Glaciers’ Preservation and to proclaim 21 March of each year the World Day for Glaciers, to be observed starting in 2025; |
2. 邀请所有会员国、联合国系统各组织、其他国际和区域组织以及包括非政府组织、个人和其他相关利益攸关方在内的民间社会，在各级酌情庆祝该国际年和世界日，开展活动提高人们对冰川、雪和冰在气候系统和水文循环中的重要性以及对地球冰冻圈迫在眉睫的变化所带来的经济、社会和环境影响的认识，并分享这方面的最佳做法和知识； | 2. Invites all Member States, organizations of the United Nations system, other international and regional organizations and civil society, including non-governmental organizations, individuals and other relevant stakeholders, to observe the International Year and the World Day, as appropriate, at all levels through activities aimed at raising awareness of the importance of glaciers, snow and ice in the climate system and the hydrological cycle, and the economic, social and environmental impacts of the impending changes in the Earth’s cryosphere, and to share best practices and knowledge in this regard; |
3. 邀请联合国教育、科学及文化组织和世界气象组织在考虑到经济及社会理事会第 1980/67 号决议附件所载各项规定的情况下，与各国政府和联合国系统相关组织合作，推动落实国际年和庆祝世界日，采取适当步骤组织国际年和世界日的活动，并就所有活动拟订必要的建议，以支持会员国落实国际年和庆祝世界日； | 3. Invites the United Nations Educational, Scientific and Cultural Organization and the World Meteorological Organization, mindful of the provisions of the annex to Economic and Social Council resolution 1980/67, in cooperation with Governments and relevant organizations of the United Nations system, to facilitate implementation of the International Year and observance of the World Day, to take appropriate steps to organize the activities of the Year and the Day and to develop necessary proposals on all activities to support Member States in the implementation of the Year and observance of the Day; |
4. 欢迎塔吉克斯坦政府慷慨提出于 2025 年在塔吉克斯坦召开一次专门探讨冰川保护问题的国际会议并承担会议费用； | 4. Welcomes the generous offer of the Government of Tajikistan to convene an international conference dedicated to glaciers’ preservation in Tajikistan in 2025 and to assume the costs of the conference; |
5. 邀请各国政府、政府间组织和非政府组织、主要群体、其他相关利益攸关方和捐助方向支持冰川保护活动的信托基金3 自愿捐款，这些活动将由秘书长协调，与联合国教育、科学及文化组织和世界气象组织等联合国系统相关机构合作实施，以支持各国应对与冰川加速融化及其后果有关的问题； | 5. Invites Governments, intergovernmental and non-governmental organizations, major groups, other relevant stakeholders and donors to voluntarily contribute to the trust fund in support of activities for glaciers’ preservation, 3 to be coordinated by the Secretary-General, in partnership with relevant agencies of the United Nations system, including the United Nations Educational, Scientific and Cultural Organization and the World Meteorological Organization, to support countries in addressing issues related to accelerated melting ofglaciers and its consequences; |
6. 强调指出执行本决议可能产生的所有活动费用均应由自愿捐款包括私营部门捐款支付； | 6. Stresses that the cost of all activities that may arise from the implementation of the present resolution should be met from voluntary contributions, including from the private sector; |
7. 邀请联合国教育、科学及文化组织和世界气象组织考虑到经济及社会理事会第 1980/67 号决议附件第 23 至 27 段的规定，向大会第八十一届会议及其后会议通报本决议的执行情况，包括对国际年落实情况和世界日庆祝情况的评价； | 7. Invites the United Nations Educational, Scientific and Cultural Organization and the World Meteorological Organization, mindful of the provisions of paragraphs 23 to 27 of the annex to Economic and Social Council resolution 1980/67, to keep the General Assembly informed at its eighty-first session and further sessions about the implementation of the present resolution, including an evaluation of the implementation of the International Year and observance of the World Day; |
(C) 100821 250821 | GE.21-10749(E) |
人权理事会第四十八届会议 | Forty-eighth session |
2021 年 9 月 13 日至 10 月 1 日 | 13 September–1 October 2021 |
议程项目 3 | Agenda item 3 |
促进和保护所有人权――公民权利、政治权利、经济、社会及文化权利，包括发展权 | Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development |
突尼斯、乌拉圭和西班牙访问后续报告 | Follow-up on the visits to Tunisia, Uruguay and Spain |
寻求真相、正义、赔偿和保证不再发生问题特别报告员法比安·萨尔维奥利的报告* ** | Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabián Salvioli* , ** |
寻求真相、正义、赔偿和保证不再发生问题特别报告员法比安·萨尔维奥利为跟进其前任对突尼斯(2012 年)、乌拉圭(2013 年)和西班牙(2014 年)进行的正式访问，提交本报告。特别报告员在本报告中评估了国别访问报告中所载建议的落实情况，并分析了自访问以来所发生的相关动态。评估旨在就所取得的进步以及有待进一步改善的领域为各国、民间社会以及其他主要利益攸关方提供有益的参考。 | The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabián Salvioli, submits the present report in follow-up to the official visits undertaken by his predecessor to Tunisia (2012), Uruguay (2013) and Spain (2014). In the report, the Special Rapporteur assesses the status of implementation of the recommendations contained in the country visit reports and considers related developments that have taken place since the visit. The assessment is intended as a useful reference for States, civil society and other key stakeholders regarding the progress made and the areas that require further development. |
* 因提交方无法控制的情况，经协议，本报告迟于标准发布日期发布。 | * Agreement was reached to publish the present report after the standard publication date owing to circumstances beyond the submitter’s control. |
** 本报告概要以所有正式语文分发。本报告正文附于概要之后，仅以提交语文分发。 | ** The summary of the present report is being circulated in all official languages. The report itself, which is annexed to the summary, is being circulated in the language of submission only. |
联 合 国 A/HRC/48/60/Add.1 | United Nations A/HRC/48/60/Add.1 |
大 会 Distr.: General | General Assembly Distr.: General |
5 August 2021 | 5 August 2021 |
Original: EnglishAnnexReport of the Special Rapporteur on the promotion of truth, | Annex |
Report of the Special Rapporteur on the promotion of truth,justice, reparation and guarantees of non-recurrence, FabiánSalvioli on his visits to Tunisia, Uruguay and SpainContentsPageI. Introduction................................................................................................................................... 3II. Follow-up on the visit to Tunisia .................................................................................................. 3III. Follow-up on the visit to Uruguay ................................................................................................ 11IV. Follow-up on the visit to Spain ..................................................................................................... 17V. Concluding remarks...................................................................................................................... 23I. Introduction1. Pursuant to Human Rights Council resolution 36/7, the Special Rapporteur on thepromotion of justice, reparation and guarantees of non-recurrence, Fabián Salvioli, submitsthe present report in follow-up to the official visits undertaken by his predecessor, Pablo deGreiff, to Tunisia (2012), Uruguay (2013) and Spain (2014). In the report, the SpecialRapporteur provides an assessment of the status of implementation of the recommendationscontained in the reports on those visits, and considers related developments that have takenplace since the visits.2. To gather input for the report, in December 2020 the Special Rapporteur sentquestionnaires to the States concerned and other relevant actors, including United Nationsfunds, programmes and specialized agencies and national and international human rightsorganizations. The Special Rapporteur also issued an open call for submissions, requestinginput from civil society and other interested actors. Official replies were received from Spainand Uruguay, and submissions were received from 11 non-governmental organizations andother interested parties. These submissions, together with information provided by UnitedNations bodies and civil society, as well as desk-based research, form the basis for the presentreport.3. The Special Rapporteur thanks all those who responded to his call for submissions forthe report, which is intended as a useful reference for States, civil society and other keystakeholders and was prepared in recognition of the importance of continuity in the dischargeof the mandate.II. Follow-up on the visit to Tunisia4. The former Special Rapporteur conducted an official visit to Tunisia from 11 to 16November 2012, at the invitation of the Government. In September 2013, he presented hisreport on the visit1to the Human Rights Council at its twenty-fourth session.5. The Special Rapporteur regrets that the Government did not provide a submission forthe preparation of the present report. Comments on the report itself were received from theGovernment on 14 July 2021. The assessment of the status of implementation of therecommendations contained in the country visit report is summarized in table 1 below.6. At the time of the former Special Rapporteur’s visit, the country was transiting froma long period marked by political repression, corruption and disregard for human rights andfreedoms, and the State had started undertaking multiple transitional justice initiatives withan event-based approach, focusing mainly on truth seeking and reparations.7. On 24 December 2013, the National Constituent Assembly adopted Organic Law No.53 on the establishment and regulation of transitional justice, which lay the foundation forthe creation of a truth commission and the specialized criminal chambers. The Organic Lawincludes provisions under the five pillars of transitional justice.8. The Truth and Dignity Commission was formally established on 9 June 2014 toinvestigate human rights violations committed by the Government of Tunisia between 1955and 31 December 2013. It concluded its mandate on 31 December 2018, as stipulated in theOrganic Law. In a communication dated 30 April 2018, the Special Rapporteur appealed tothe Government to allow the Commission a second term in order to bring its work to a | Contents |
the Government to allow the Commission a second term in order to bring its work to asatisfactory conclusion. The Government replied that the transitional justice process wouldcontinue through the work of the specialized criminal chambers and the fund for the dignityand rehabilitation of victims of the dictatorship, both set up under Organic Law No. 53.2In2020, the Human Rights Committee also noted the insufficient duration of the Commission’smandate.31 A/HRC/24/42/Add.1.2 See communication TUN 1/2018 and the State response thereto. Available athttps://spcommreports.ohchr.org/Tmsearch/TMDocuments.3 CCPR/C/TUN/CO/6, para. 11.9. During its tenure, the Truth and Dignity Commission received 62,720 claims ofhuman rights violations. A total of 16,105 claims related to violations of economic, socialand cultural rights; 38,488 related to violations of civil and political rights, including 14,984grave violations of human rights. Mainly for lack of time and resources, only 205 of thoseclaims were processed and transferred to the 13 specialized criminal chambers. A search andinvestigation manual was adopted in 2016. The Commission also received 13,586 requestsfor urgent interventions and issued 537 intervention decisions benefiting victims. TheCommission faced continuous procedural and political obstacles, suggesting a weak politicalwill to allow it to deal thoroughly with the country’s past. It was reported that the Ministryof the Interior had been reluctant to cooperate with the mechanism and share key informationin its custody. The Commission concluded public hearings of victims and witnesses in 2016and 2017, which are reflected in the Commission’s final report, submitted in 2019. OrganicLaw No. 53 required the adoption of an action plan for the implementation of theCommission’s recommendations, within one year of their publication, and the establishmentof an ad hoc parliamentary committee to monitor the action plan. Unfortunately, both actionsare pending.10. Article 8 of the same Organic Law provides for the creation of the specialized criminalchambers, with a mandate to adjudicate cases related to gross violations of human rightscommitted between 1 July 1955 and the issuance of the Organic Law that are referred to itby the Truth and Dignity Commission. The chambers were formally established throughDecree No. 2887 of 8 August 2014 and operate within the courts of first instance at the 13Courts of Appeal across the country. Hearings have been held in all 13 chambers since May2018. The chambers issued 69 indictments and brought charges against 1,426 suspectedperpetrators, in connection with 1,220 victims. A total of 131 files were referred withoutindictments, as the Commission could not complete the respective investigations.11. The trials held by the chambers represent a step in the right direction for justice to bedelivered eventually for at least some of the victims of past human rights violations and theirfamilies. However, the Special Rapporteur is concerned that the work of the chambers is stillbeing hampered by procedural and legal obstacles that compromise the ability of thechambers to adjudicate on cases promptly and efficiently. Such obstacles include: (a) theannual rotation of magistrates, sometimes midway through the adjudication of a case, and thedouble workload they often face as they also serve as judges for regular jurisdictions; (b) theinsufficiency of technical support and training of staff; and (c) the non-execution by thepolice of subpoenas and other court orders issued by the chambers.4 The Special Rapporteur | Page |
police of subpoenas and other court orders issued by the chambers.4 The Special Rapporteur | I. Introduction................................................................................................................................... 3 |
is concerned that the turnover of judges and the opaque manner in which the Supreme Judicial | I. Introduction |
period 2020–2021, and training was being provided to the chamber judges.12. Organic Law No. 53 and Organic Law No. 17 of 2014 established a special regime | 1 A/HRC/24/42/Add.1. |
12. Organic Law No. 53 and Organic Law No. 17 of 2014 established a special regimefor the operation of the specialized criminal chambers, which differed significantly from theexisting criminal legal framework in that, under Organic Law No. 53, the authority of theTruth and Dignity Commission to investigate crimes and determine which cases would bereferred to the chambers was normally entrusted to the Office of the Public Prosecutor, | 2 See communication TUN 1/2018 and the State response thereto. Available at https://spcommreports.ohchr.org/Tmsearch/TMDocuments. |
special criminal chambers, as set out in Organic Law No. 53, but that have not beenadequately integrated into the legal criminal framework, such as the crimes of enforced4 Related concerns were expressed in communication TUN 2/2021. Available athttps://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26008.5 CCPR/C/TUN/CO/6, para. 11.6Ibid., para. 12 (c). | 12. Organic Law No. 53 and Organic Law No. 17 of 2014 established a special regime for the operation of the specialized criminal chambers, which differed significantly from the existing criminal legal framework in that, under Organic Law No. 53, the authority of the Truth and Dignity Commission to investigate crimes and determine which cases would be referred to the chambers was normally entrusted to the Office of the Public Prosecutor, investigating judges and the indictment chamber. Furthermore, the Code of Criminal Procedure does not provide sufficient procedural standing for victims and their families, as required under international human rights law.6 There is also a lack of clarity regarding the applicable body of law criminalizing certain offences that fall within the jurisdiction of the special criminal chambers, as set out in Organic Law No. 53, but that have not been adequately integrated into the legal criminal framework, such as the crimes of enforced 4 Related concerns were expressed in communication TUN 2/2021. Available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26008. 5 CCPR/C/TUN/CO/6, para. 11. 6 Ibid., para. 12 (c). disappearance,7 torture,8 and excessive use of force.9 |
17. The Constitutional Court, provided for in the 2014 Constitution, has yet to becomeoperational; only one member has been appointed to date. | 17. The Constitutional Court, provided for in the 2014 Constitution, has yet to become operational; only one member has been appointed to date. |
Table 1 | Table 1 |
Recommendations contained in A/HRC/24/42/Add.1 Status | Recommendations contained in A/HRC/24/42/Add.1 Status |
(para. 83 (e)) | Find ways to ensure that the voices of society, and particularly victims, are taken into account in an ongoing manner (para. 83 (e)) |
of reparation, including financialcompensation (para. 86 (b)) | Ensure that there is no gender discrimination in relation to the provision of reparation, including financial compensation (para. 86 (b)) |
A/HRC/24/42/Add.1 Statusimplementation of any acts of publicauthority (para. 87 (a) (i)) | A/HRC/24/42/Add.1 Status implementation of any acts of public authority (para. 87 (a) (i)) |
(para. 87 (a) (ii)) | Strengthening the competences and role of the Higher Committee for Human Rights and Fundamental Freedoms (para. 87 (a) (ii)) |
Guarantee in law and in practice the self-regulation of the judiciary, including byputting an end to all forms of control andinfluence retained by the Minister forJustice (para. 87 (b) (ii)) | Guarantee in law and in practice the self-regulation of the judiciary, including by putting an end to all forms of control and influence retained by the Minister for Justice (para. 87 (b) (ii)) |
functioning of a permanent, independenthigh judicial council in charge ofadministering the judiciary, includingappointments, promotions anddisciplinary procedures (para. 87 (b) (iii)) | Prioritize the establishment and functioning of a permanent, independent high judicial council in charge of administering the judiciary, including appointments, promotions and disciplinary procedures (para. 87 (b) (iii)) |
Guarantee, in law and in practice, theimpartiality of the Office of the PublicProsecutor, thereby ending the authorityand control exercised by the Minister forJustice (para. 87 (b) (vi)) | Guarantee, in law and in practice, the impartiality of the Office of the Public Prosecutor, thereby ending the authority and control exercised by the Minister for Justice (para. 87 (b) (vi)) |
Guarantee, in law and in practice, theneutrality of the internal security forces,to prevent them from being undulyinstrumentalized by the executive branch(para. 87 (c) (ii)) | Guarantee, in law and in practice, the neutrality of the internal security forces, to prevent them from being unduly instrumentalized by the executive branch (para. 87 (c) (ii)) |
Effectively involve civil society, includingvictims and associations of lawenforcement bodies, in deliberations onthe design of security sector reforminitiatives (para. 87 (c) (v)) | Effectively involve civil society, including victims and associations of law enforcement bodies, in deliberations on the design of security sector reform initiatives (para. 87 (c) (v)) |
A/HRC/24/42/Add.1 Statusvarious transitional justice measures(para. 88) | The Special Rapporteur suggests that the Government establish an inter-agency coordination body to lead collaboration efforts on the implementation of the Not implemented. Such coordination has not taken place. A/HRC/24/42/Add.1 Status various transitional justice measures (para. 88) |
22. With regard to accountability, by Law No. 19.334 of 2015, Uruguay established theAttorney General’s Office as an autonomous institution within the current constitutionalregime. In 2018, the Attorney General’s Office established a specialized prosecutor’s officeto prosecute crimes against humanity, which has enabled Uruguay to develop a prosecutionpolicy for crimes of this nature, in compliance with the ruling of the Inter-American Court ofHuman Rights in Gelman v. Uruguay.11 These measures are welcome, and have strengthened10 A/HRC/27/56/Add.2.11 Inter-American Court of Human Rights, Gelman v. Uruguay, Judgement (Merits and Reparations), 24February 2011.capacity of Uruguay to achieve accountability for past humanrights violations. InFebruary 2020, the special prosecutor’s office filed four indictments against retired militarypersonnel for torture allegedly committed in 1978. Court rulings on more than 60 prosecution | 22. With regard to accountability, by Law No. 19.334 of 2015, Uruguay established the Attorney General’s Office as an autonomous institution within the current constitutional regime. In 2018, the Attorney General’s Office established a specialized prosecutor’s office to prosecute crimes against humanity, which has enabled Uruguay to develop a prosecution policy for crimes of this nature, in compliance with the ruling of the Inter-American Court of Human Rights in Gelman v. Uruguay. 11 These measures are welcome, and have strengthened 10 A/HRC/27/56/Add.2. 11 Inter-American Court of Human Rights, Gelman v. Uruguay, Judgement (Merits and Reparations), 24 February 2011. capacity of Uruguay to achieve accountability for past human rights violations. In February 2020, the special prosecutor’s office filed four indictments against retired military personnel for torture allegedly committed in 1978. Court rulings on more than 60 prosecution requests for crimes against humanity are pending. |
and integrity of the judiciary.Table 2. | Table 2. |
Recommendations contained in A/HRC/27/56/Add.2 Status | Recommendations contained in A/HRC/27/56/Add.2 Status |
12 See joint communication URY 1/2018 and the State response thereto. Available athttps://spcommreports.ohchr.org/Tmsearch/TMDocuments. Following up on the communication, theNational Human Rights Institution and Office of the Ombudsman urged the Government to adoptlegislation to overcome this irregularity, to no avail. | 12 See joint communication URY 1/2018 and the State response thereto. Available at https://spcommreports.ohchr.org/Tmsearch/TMDocuments. Following up on the communication, the National Human Rights Institution and Office of the Ombudsman urged the Government to adopt legislation to overcome this irregularity, to no avail. |
A/HRC/27/56/Add.2 Statuscriminal cases related to crimes againsthumanity, only 140 were active; 84 per centof those were in the pre-summary stage, andconvictions with sentences had beenobtained in only 10 per cent of the active | A/HRC/27/56/Add.2 Status criminal cases related to crimes against humanity, only 140 were active; 84 per cent of those were in the pre-summary stage, and convictions with sentences had been obtained in only 10 per cent of the active cases. |
international human rights principles,including those contained in the report ofthe Special Rapporteur on theindependence of judges and lawyers(A/HRC/20/19), while holdingconsultations with prosecutors, civilsociety and the national human rightsinstitution, among others (para. 75 (c)) | Secure the reform of the Public Prosecution Service, in accordance with international human rights principles, including those contained in the report of the Special Rapporteur on the independence of judges and lawyers (A/HRC/20/19), while holding consultations with prosecutors, civil society and the national human rights institution, among others (para. 75 (c)) Implemented. |
A/HRC/27/56/Add.2 Status | A/HRC/27/56/Add.2 Status |
The Project Office of the Judicial Archiveof Military Court Documents (“ProjectAJPROJUMI”) has gathered some 3,000files covering about 10,000 victims(civilians, police and military) who weresubject to military jurisdiction between1973 and 1985. The files are accessible toanyone with a legitimate interest. TheNational Human Rights Institution andOffice of the Ombudsman, which under ActNo. 19.822 is given unrestricted access tointelligence files, is mandated to maintain | Implemented. The Project Office of the Judicial Archive of Military Court Documents (“Project AJPROJUMI”) has gathered some 3,000 files covering about 10,000 victims (civilians, police and military) who were subject to military jurisdiction between 1973 and 1985. The files are accessible to anyone with a legitimate interest. The National Human Rights Institution and Office of the Ombudsman, which under Act No. 19.822 is given unrestricted access to intelligence files, is mandated to maintain an archive as part of its search for the disappeared. |
formulating this policy (para. 75 (j)) | Encourage the participation of victims, their family members and associations in formulating this policy (para. 75 (j)) |
A/HRC/27/56/Add.2 Status | A/HRC/27/56/Add.2 Status |
created by Acts No. 18.033 and No.18.596, and improve their capacity toperform their functions (para. 75 (o)) | Increase the resources of personnel belonging to the special commissions created by Acts No. 18.033 and No. 18.596, and improve their capacity to perform their functions (para. 75 (o)) |
A/HRC/27/56/Add.2 Statusimportance of including civil societyorganizations in these reform processes(para. 75 (q)) | A/HRC/27/56/Add.2 Status importance of including civil society organizations in these reform processes (para. 75 (q)) |
32. Its merits notwithstanding, the proposed bill still leaves several important areaswithout an adequate resolution. These should be attended to before the draft is finalized andsubmitted for parliamentary adoption. The Special Rapporteur underscores that it is of theutmost urgency that the new bill include adequate measures to remove any remainingobstacles to achieving criminal accountability for the serious human rights violations13 A/HRC/27/56/Add.1.14 Ibid., CED/C/ESP/CO/1, A/HRC/27/49/Add.1, CCPR/C/ESP/CO/6 and CAT/C/ESP/CO/6.committed during the Civil War and the dictatorship. In this regard, the Special Rapporteurwelcomes the creation of a new public prosecutor’s office for democratic memory under thebill. It is important that the final version of the bill invest this institution with powers toinvestigate human rights violations and crimes under international law and to clarify the fateof victims of enforced disappearance, in full cooperation with foreign jurisdictions. | 32. Its merits notwithstanding, the proposed bill still leaves several important areas without an adequate resolution. These should be attended to before the draft is finalized and submitted for parliamentary adoption. The Special Rapporteur underscores that it is of the utmost urgency that the new bill include adequate measures to remove any remaining obstacles to achieving criminal accountability for the serious human rights violations 13 A/HRC/27/56/Add.1. 14 Ibid., CED/C/ESP/CO/1, A/HRC/27/49/Add.1, CCPR/C/ESP/CO/6 and CAT/C/ESP/CO/6. committed during the Civil War and the dictatorship. In this regard, the Special Rapporteur welcomes the creation of a new public prosecutor’s office for democratic memory under the bill. It is important that the final version of the bill invest this institution with powers to investigate human rights violations and crimes under international law and to clarify the fate of victims of enforced disappearance, in full cooperation with foreign jurisdictions. |
37. The Special Rapporteur also welcomes the provisions in the bill regarding theredesignation of the Valle de los Caídos, as part of the Government’s measures to ensureguarantees of non-recurrence. He notes that following an amendment of the HistoricalMemory Act in April 2018, the Government initiated a process for the exhumation of theremains of Francisco Franco from the Valle de los Caídos, which was carried out in October2019. In November 2019, the State agency Patrimonio Nacional, which administers State-15 See, for instance, the Basic Principles and Guidelines on the Right to a Remedy and Reparation forVictims of Gross Violations of International Human Rights Law and Serious Violations ofInternational Humanitarian Law, paras. 15–23.16 The Special Rapporteur notes that previously submitted legislative bills related to this issue were notadopted.17 See communication ESP 6/2014 and the State response thereto. Available athttps://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=18905and https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32482.owned sites, announced that work would begin to locate, identifyand recover the remains ofpeople buried at the site. However, it appears that the work has yet to commence. | 37. The Special Rapporteur also welcomes the provisions in the bill regarding the redesignation of the Valle de los Caídos, as part of the Government’s measures to ensure guarantees of non-recurrence. He notes that following an amendment of the Historical Memory Act in April 2018, the Government initiated a process for the exhumation of the remains of Francisco Franco from the Valle de los Caídos, which was carried out in October 2019. In November 2019, the State agency Patrimonio Nacional, which administers State-15 See, for instance, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, paras. 15–23. 16 The Special Rapporteur notes that previously submitted legislative bills related to this issue were not adopted. 17 See communication ESP 6/2014 and the State response thereto. Available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=18905 and https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32482. owned sites, announced that work would begin to locate, identify and recoverthe remains of people buried at the site. However, it appears that the work has yet to commence. |
39. The Special Rapporteur welcomes the efforts of the Government to put in place a legalframework that could help the country heal and finally bring justice to all victims of pastviolations of human rights and humanitarian law. He urges all relevant authorities to riseabove partisan interests and ensure the adoption of an effective transitional justice strategyin compliance with human rights standards.Table 3 | Table 3 |
Recommendations contained in A/HRC/27/56/Add.1 Status | Recommendations contained in A/HRC/27/56/Add.1 Status |
A/HRC/27/56/Add.1 Status | A/HRC/27/56/Add.1 Status |
A/HRC/27/56/Add.1 Status | A/HRC/27/56/Add.1 Status Guarantees of non-recurrence |
2021, the last remaining statue of thedictator Francisco Franco was removed. | Symbols and monuments are gradually being removed on the basis of provisions in the Historical Memory Act. On 23 February 2021, the last remaining statue of the dictator Francisco Franco was removed. Other Francoist symbols remain in place. |
The exhumation of Francisco Franco’s bodywas completed in October 2019. The bill ondemocratic memory reflects some of therecommendations put forward in the 2011report by the Committee of Experts in thatit, inter alia, provides for the re-significationof the site as a place of democratic memoryand guarantees the right to recover theremains of family members buried there, forthose who wish to do so. The bill providesfor the establishment of a legal frameworkgoverning the operation and patrimonialregime of the Valle de los Caídos. | Partially implemented. The exhumation of Francisco Franco’s body was completed in October 2019. The bill on democratic memory reflects some of the recommendations put forward in the 2011 report by the Committee of Experts in that it, inter alia, provides for the re-signification of the site as a place of democratic memory and guarantees the right to recover the remains of family members buried there, for those who wish to do so. The bill provides for the establishment of a legal framework governing the operation and patrimonial regime of the Valle de los Caídos. |
A/HRC/27/56/Add.1 Status | A/HRC/27/56/Add.1 Status |
A/HRC/27/56/Add.1 Status | A/HRC/27/56/Add.1 Status |
30 September 2016 that had instructed theSpanish territorial prosecutors to oppose thecompletion of investigation requested by thecourts of Argentina.a Related concerns were expressed in communication ESP 6/2015. Available athttps://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=17897. | a Related concerns were expressed in communication ESP 6/2015. Available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=17897. |
大 会第七十二届会议 | Seventy-second session |
正式记录Distr.: General29 January 2018 | Official Records |
29 January 2018 | 29 January 2018 |
本记录可以更正。 | This record is subject to correction. |
更正请在一份备忘录内，以一种工作语文提出，并反映在记录文本上。更正请尽快送交文件管理科科长([email protected])。更正后的记录将以电子文本方式在联合国正式文件系统(http://documents.un.org/)上重发。 | Corrections should be sent as soon as possible, under the signature of a member of the delegation concerned, to the Chief of the Documents Management Section ([email protected]), and incorporated in a copy of the record. Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org/). |
17-22749 (C) | 17-22749 (E) |
*1722749* | *1722749* |
第 26 次会议简要记录 | Summary record of the 26th meeting |
2017 年 12 月 18 日星期一上午 10 时在纽约总部举行 | Held at Headquarters, New York, on Monday, 18 December 2017, at 10 a.m. |
主席： 托莫·蒙特先生...............................................................................................(喀麦隆) | Chair: Mr. Tommo Monthe ................................ .......... (Cameroon) |
行政和预算问题咨询委员会主席：鲁伊斯·马谢乌先生 | Chair of the Advisory Committee on Administrative and Budgetary Questions: Mr. Ruiz Massieu |
议程项目 165：联合国海地司法支助特派团经费的筹措 | Agenda item 165: Financing of the United Nations Mission for Justice Support in Haiti |
议程项目 136：2018-2019 两年期拟议方案预算(续) | Agenda item 136: Proposed programme budget for the biennium 2018–2019 (continued) |
决议草案 A/C.3/72/L.48：缅甸人权状况所涉方案预算问题 | Programme budget implications of draft resolution A/C.3/72/L.48: Situation of human rights in Myanmar |
决议草案 A/72/L.19：调查导致达格·哈马舍尔德及其随行人员罹难的原因和情况所涉方案预算问题 | Programme budget implications of draft resolution A/72/L.19: Investigation into the conditions and circumstances resulting in the tragic death of Dag Hammarskjöld and of the members of the party accompanying him |
大会和(或)安全理事会授权的特别政治任务、斡旋和其他政治举措费用估计数(续) | Estimates in respect of special political missions, good offices and other political initiatives authorized by the General Assembly and/or the Security Council (continued) |
专题群组三：区域办事处、支持政治进程办事处和其他特派团(续) | Thematic cluster III: regional offices, offices in support of political processes and other missions (continued) |
联合国利比亚支助团 | United Nations Support Mission in Libya |
有限预算酌处权 | Limited budgetary discretion |
上午 10 时 05 分宣布开会。 | The meeting was called to order at 10.05 a.m. |
议程项目 165：联合国海地司法支助特派团经费的筹措(A/72/560 和 A/72/642) | Agenda item 165: Financing of the United Nations Mission for Justice Support in Haiti (A/72/560 and A/72/642) |
1. Costa 女士(维持和平经费筹措司司长)在介绍联合国海地司法支助特派团(联海司法支助团)2017 年10月16日至2018年6月30日期间拟议预算(A/72/560)时说，联海司法支助团的任务授权是安全理事会第2350(2017)号决议确定的，最初期限为 6 个月，从 2017年 10 月 16 日至 2018 年 4 月 15 日，作为联合国海地稳定特派团(联海稳定团)的后续行动。 | 1. Ms. Costa (Director, Peacekeeping Financing Division), introducing the proposed budget for the United Nations Mission for Justice Support in Haiti (MINUJUSTH) for the period from 16 October 2017 to 30 June 2018 (A/72/560), said that the mandate of the Mission had been established by the Security Council in its resolution 2350 (2017) for an initial period of six months, from 16 October 2017 to 15 April 2018, as a follow-on to the United Nations Stabilization Mission in Haiti (MINUSTAH). |
2. 联海司法支助团所需资源估计数为 9 320 万美元。由于联海稳定团移交了建制警察部队并且能够从参加联海稳定团的联合国警察中招聘人员，军事和警务人员全员部署所需资源为 3 430 万美元。文职人员所需资源 2 680 万美元，用于部署160名国际工作人员、185 名本国工作人员、6 名联合国志愿人员和 38 名政府提供的人员。费用估计数假设，从 2017 年 10 月 16日开始的为期两个半月的招聘工作将在 2018 年 1 月1 日实现全员在职。业务费用所需资源 3 210 万美元中考虑到已转移到联海司法支助团的设施和基础设施。现有的货物和服务商业合同已经缩减并移交给联海司法支助团。 | 2. Estimated resource requirements for MINUJUSTH amounted to $93.2 million. The resource requirements of $34.3 million for military and police personnel provided for full deployment, given the transfer of formed police units from MINUSTAH and the ability to recruit from among the United Nations police officers who had been engaged with MINUSTAH. The resource requirements of $26.8 million for civilian personnel provided for the deployment of 160 international staff, 185 national staff, 6 United Nations Volunteers and 38 Government-provided personnel. The estimates assumed that recruitment efforts during the 2.5-month period from 16 October 2017 would result in full incumbency on 1 January 2018. The resource requirements of $32.1 million for operational costs took into consideration the facilities and infrastructure that had been transferred to MINUJUSTH. Existing commercial contracts for goods and services had been scaled down and transferred to MINUJUSTH. |
3. 2017 年 9 月 6 日主计长征得咨询委员会同意，为 2017 年 10 月 16 日至 12 月 31 日期间开办活动所需资源初步估计数承付款项。咨询委员会已授权秘书长在 2017 年 12 月 31 日前最多承付 2 500 万美元。本拟议预算考虑了咨询委员会授权的数额并列出了2017 年 10 月 16 日至 2018 年 6 月 30 日整个 8 个半月期间所需的资源。根据《联合国财务条例和细则》条例 4.7，维持和平准备基金提供的预付款要予以偿还。请大会核批拟议的资源并同意联海司法支助团使用为联海稳定团设立的特别账户。 | 3. On 6 September 2017, the Controller had sought the concurrence of the Advisory Committee to enter into commitments to meet the estimated preliminary resource requirements for start-up activities for the period from 16 October to 31 December 2017. The Advisory Committee had authorized the Secretary-General to enter into commitments of up to $25 million until 31 December 2017. The present budget proposal took into consideration the amount authorized by the Advisory Committee and set out the resource requirements for the full 8.5-month period from 16 October 2017 to 30 June 2018. Advances made from the Peacekeeping Reserve Fund would be reimbursed, in accordance with regulation 4.7 of the Financial Regulations and Rules of the United Nations. The General Assembly was requested to appropriate the proposed resources and approve the use for MINUJUSTH of the special account established for MINUSTAH. |
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