HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW ON MALAYSIA AND JORDAN

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review on Malaysia and Jordan, following which it began its general debate on the Universal Periodic Review process, item six on its agenda.

Othman Hashim, Permanent Representative of Malaysia to the United Nations Office at Geneva, said in accepting the majority of the recommendations, Malaysia exercised considerable flexibility with a view to effecting improvements to the human rights situation in the country. Malaysia had already begun taking action to implement those recommendations, and was committed to ensure that they were implemented through various programmes such as human rights awareness and training, harmonisation of national legislation with international human rights instruments and compliance with treaties that it had acceded to, and regional and international cooperation for capacity building. Malaysia wished to reiterate that its efforts to secure the protection and promotion of human rights and fundamental freedoms for its people had been very much focused on achieving inter-racial harmony within society, coupled with equitable socio-economic development, while taking into account the human rights and fundamental freedoms of the individual.

During the debate, speakers were encouraged by Malaysia's cooperation during the review session in responding to the recommendations put forward by other Member States, and commended the voluntary commitments presented by Malaysia towards the protection and promotion of human rights in the country. The efforts undertaken by Malaysia through the special mechanisms, such as in the field of the rights of the child where a technical committee had been established to implement the recommendations of the Universal Periodic Review in that regard, were highly valued, as were efforts and measures undertaken to consolidate its national human rights infrastructure, and the emphasis placed on the advancement of economic, social and cultural rights, in particular in the face of the global economic and financial crises. Malaysia should continue to work towards a culture of peace, and to uphold respect for human rights and fundamental freedoms. The implementation of practical measures and the Government's commitment would promote efforts to further strengthen the system for the protection and promotion of human rights.

Speaking in the debate were the representatives of the United Arab Emirates, Cuba, Brunei Darussalam, Qatar, Algeria, Uzbekistan, Pakistan, Thailand, Egypt, Bahrain, China, and Viet Nam. Also speaking was the Human Rights Commission of Malaysia. The following non-governmental organizations also took the floor: Amnesty International, Asian Forum for Human Rights and Development, Action Canada for Population and Development, Commission of the Churches on International Affairs of the World Council of Churches, Islamic Human Rights Commission, Persatuan Alira Kesedaran Negara- National Consciousness Movement, and Arab Commission for Human Rights.

Mutaz Faleh Hyassat, First Secretary at the Permanent Mission of Jordan to the United Nations Office at Geneva, said Jordan had not only accepted the recommendations but had also started or enhanced their implementation. The Government was preparing a study in order to prevent enforced disappearances. The Government had also enacted a new law to amend the Penal Code regarding honour crimes to strengthening minimal charges. To further the status of women, the Government had enacted many laws, particularly the family action code. The Government had undertaken measures to promote gender equality in society. The Government had amended the Penal Code to make the definition compatible with the Convention against Torture, especially regarding the extraction of confessions. On administrative detention, it was explained that this was a preventive measure to protect society, and these measures were controlled to make sure they were not used arbitrarily.

During the debate on Jordan, among other things speakers said Jordan was a country which protected the rights of women, allowing them to participate in decision-making. Jordan had played a pioneering role in the protection of the rights of the disabled both nationally and internationally, and should share its best practices in this area. In addition, the measures taken by Jordan in the field of economic, social and cultural rights, in particular with regard to the right to health, were also welcomed. Jordan's achievements in human rights showed what great strides it had made in adopting both human rights legislation and practical measures, and this should be recognised, as despite both financial and economic hurdles, it had made great strides in the legislative framework. Jordan continued to take measures to implement national policies to further promote human rights, and its furtherance of these was welcomed, as it continuously strove to ensure economic, social and cultural rights as well as political and civil rights. Jordan's success in creating institutions deserved respect, and the international community should continue to provide technical assistance to Jordan in order to bolster its march towards progress and the respect for human rights and fundamental freedoms.

Speaking in the debate were the representatives of the United Arab Emirates, Algeria, Qatar, Bahrain, Saudi Arabia, China, Palestine, Morocco, Indonesia, and the United States. Also speaking was the Jordan Centre for Human Rights. The following non-governmental organizations took the floor: Human Rights Watch, Arab Commission for Human Rights, International Commission of Jurists, International Federation of Human Rights Leagues, Charitable Institute for Protecting Social Victims, Al-Hakim Foundation, and Cairo Institute for Human Rights Studies.

In the general debate on the Universal Periodic Review process, speakers noted, among other things, that the Universal Periodic Review was delivering in many aspects, but was still lacking delivery in others due to the fact that not all countries were adhering to the five principles of revision, and there was concern over efforts to manipulate the process to receive a too positive picture. Speakers hoped that the reviews would lead to real improvements of the situation of human rights in the reviewed States, and recommendations should be approached in an objective manner, with respect for the universality of all human rights and without politicization. The Universal Periodic Review represented a step in the right direction in the common goal of strengthening the United Nations human rights agenda. In all cases, the Council was guided by its commitment to be balanced and faithful, as well as to seek in cooperation and dialogue the best avenues for the advancement of the cause of human rights; half the United Nations Member States had now come before the Universal Periodic Review mechanism, and this was an essential step forward in the protection of human rights and in eliminating the selectivity and politicisation that characterised the old Commission.

Speaking in the debate were the representatives of Egypt for the African Group, Czech Republic for the European Union, United Arab Emirates for the Arab Group, Bahrain, Brazil, Russian Federation, Cuba, Germany, United Kingdom, Switzerland, and Pakistan.

The next meeting of the Council will be at 3 p.m. this afternoon, when it will conclude its general debate on the Universal Periodic Review and then hold a discussion on the objectives and modalities of panels.

Consideration of Outcome of Universal Periodic Review on Malaysia

OTHMAN HASHIM, Permanent Representative of Malaysia to the United Nations Office at Geneva, said in accepting the majority of the recommendations, Malaysia exercised considerable flexibility with a view to effecting improvements to the human rights situation in the country. Malaysia had already begun taking action to implement those recommendations, and was committed to ensure that they were implemented through various programmes such as human rights awareness and training, harmonisation of national legislation with international human rights instruments and compliance with treaties that it had acceded to, and regional and international cooperation for capacity building. Among the recommendations that had been implemented was one relating to continuous training for law enforcement officials. Just last April, Malaysians welcomed the swearing in of the new Prime Minister, who espoused the concept of "One Malaysia", which, among other things, entailed mutual trust and respect as the main ingredients for national unity, and placed utmost emphasis on the interest of the people.

Since independence, various policies had been developed and implemented for the benefit of the people and sustainability of the nation. On the issue of preventive detention legislation, the Government had decided to undertake a comprehensive study with a view to reviewing the Internal Security Act. Malaysia was also positively considering inviting the Working Group on arbitrary detention to undertake a country visit. The Government was in the process of amending the Child Act 20011, and a National Child Policy and a National Child Protection Policy as well as their respective Plans of Action were being finalised. The Government was undertaking efforts to educate society on gender awareness. On the issue of the death penalty, such a penalty was only imposed on the most heinous crimes, such as drug trafficking, murder, treason and kidnapping, and the Government was considering proposals to replace the penalty with a maximum sentence of life imprisonment. Malaysia wished to reiterate that its efforts to secure the protection and promotion of human rights and fundamental freedoms for its people had been very much focused on achieving inter-racial harmony within society, coupled with equitable socio-economic development, while taking into account the human rights and fundamental freedoms of the individual.

SAEED AL HABSI (United Arab Emirates) said that the United Arab Emirates thanked Malaysia for all the measures that had already been implemented in the country to promote and protect human rights. The United Arab Emirates highly valued the efforts undertaken by Malaysia through the special mechanisms, such as in the field of the rights of the child where a technical committee had been established to implement the recommendations of the Universal Periodic Review in that regard. The United Arab Emirates paid tribute to the political will of Malaysia to strengthen human rights. The United Arab Emirates gave Malaysia every support and encouragement.

YADIRA LEDESMA HERNANDEZ (Cuba) said that the presentation made by the delegation of Malaysia informed the Council about the actions taken since the discussions that took place during the Universal Periodic Review last February; this was informative. Malaysia was a country with a wealth of culture and traditions, and a high level of economic and social development. The frank and open way in which Malaysia engaged in the Universal Periodic Review should be welcomed. Malaysia accepted a number of the recommendations made, which covered a range of areas including economic, social, cultural, political and civil rights. Cuba encouraged Malaysia to continue to work towards a culture of peace, and to uphold respect for human rights and fundamental freedoms.

AKUSTINA MORNI (Brunei Darussalam) said that Brunei Darussalam was encouraged by Malaysia's cooperation during the Universal Periodic Review session and its response to the recommendations put forward by other Member States. Brunei Darussalam commended the voluntary commitments presented by Malaysia towards the protection and promotion of human rights in the country. The close cooperation of the Government and regular engagements with stakeholders, the United Nations and its relevant agencies as well as the international community to further undertake efforts in advancing the economic and social status of its people was also appreciated.

MANSOOR ABDULLA AL-SULAITIN (Qatar) said that Qatar was very pleased about the fruitful work and cooperation of Malaysia during the Universal Periodic Review. As a member of the troika, Qatar had noted the deep commitment of Malaysia to the promotion and protection of human rights. It particularly welcomed Malaysia’s efforts in strengthening and promoting economic, social and cultural rights, especially regarding health, housing and education. Qatar also noted the efforts to combat human trafficking, to protect the rights of the elderly, and to improve good governance and the rule of law. Qatar wished Malaysia every success in its future endeavours.

AHMED SAADI (Algeria) said that Algeria noted with appreciation Malaysia’s endorsement of the majority of the recommendations it had received, including those submitted by Algeria. This was a clear testimony of Malaysia’s commitment to implement its international obligations in the field of human rights and to cooperate with the Council. Algeria welcomed the intention of the Malaysian Government to take the appropriate steps to consider the possibility of ratifying the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Convention on the Elimination of All Forms of Racial Discrimination. Algeria commended Malaysia’s efforts aiming at meeting the international commitment to eliminate all forms of discrimination against women as well as spearheading progress towards gender equality and the advancement of women.

FARHOD ARZIEV (Uzbekistan) said the comprehensive comments made by Malaysia on the recommendations made during the Working Group were appreciated. Malaysia had participated constructively in the process, and had held open-ended consultations in the preparation of the report. It had made efforts to promote human rights and fundamental freedoms as part of its international obligations and also through the country's national legislation. The implementation of practical measures and the Government's commitment would promote efforts to further strengthen the system for the protection and promotion of human rights. Uzbekistan considered that it was very positive that Malaysia had accepted all the recommendations.

MARGHOOB SALEEM BUTT (Pakistan) said that Pakistan was encouraged to note that Malaysia had not only accepted the majority of the recommendations made to it but had also started implementation through a multi-pronged strategy that included human rights awareness and training, harmonization and national legislation with international human rights instruments and compliance with accepted treaties as well as regional and international cooperation for capacity building. In particular, Pakistan noted the steps taken and the planned initiative to improve relevant laws and legislation to further enhance protection and promotion of the rights of children, foreign workers and detainees. Amendments made in the national human rights commission act would also add to its independence and operational effectiveness.

PITCHAYAPHANT CHARNBHUMIDOL (Thailand) said that Thailand noted with appreciation that Malaysia had accepted most of the recommendations made by States and was actively implementing them. Thailand agreed with the approach Malaysia had taken to highlight the importance of human rights awareness and training, as well as international cooperation for capacity building, and believed that these were key elements that would help advance human rights and promote a long-term and sustainable human rights culture within the society. Thailand welcomed the efforts by Malaysia to review and amend certain domestic legislation and policies relating to children. The amendment of the Child Act 2001 which inter alia, broadened the scope of this legislation to include victims of trafficking complemented Malaysia’s ongoing programme to combat trafficking in persons, and furthered the framework for the protection of children in the country.

HEBA MOSTAFA RIZK (Egypt) said Malaysia's flexibility in accepting the majority of the recommendations attested not only to its cooperative and open approach, but also to its determination to further the various aspects of human rights for its people. The special attention paid to combating human trafficking, as well as the protection of the rights of women and children were commended, as were efforts and measures undertaken to consolidate its national human rights infrastructure, and the emphasis placed on the advancement of economic, social and cultural rights, in particular in the face of the global economic and financial crises. Priority was also given to utilising the full potential of the diversity of its society, aiming at further economic and social advancement. Egypt firmly believed in Malaysia's continued commitment to pursue its goals aimed at the protection and promotion of human rights and to implement the recommendations with diligence.

ABDULLA ABDULLATIF ABDULLA (Bahrain) said that Bahrain highly appreciated the measures Malaysia had implemented. Also, Bahrain welcomed the fact that Malaysia had accepted most recommendations, including recommendations from Bahrain. Bahrain also noted that Malaysia had undertaken steps to combat human trafficking. It was continuing to provide adequate housing to persons with low incomes. The efforts to guarantee access to free health were also commendable. Bahrain recommended the adoption of the outcome of Bahrain’s Universal Periodic Review report.

QIAN BO (China) said that China appreciated the serious and responsible attitude taken by Malaysia during the Universal Periodic Review process, and the acceptance of most of the recommendations made by countries. The production and promotion of human rights was central to the priorities of Malaysia, and as a result the poverty rate had been improved. Malaysia also took active measures to protect foreign migrant workers. China encouraged Malaysia to seriously analyze the feasibility of the recommendations received and to continue to engage consistently with the international community. China welcomed the adoption of the report of Malaysia.

VU DUNG (Viet Nam) said the Government and people of Malaysia had made impressive progress and commitments during the Universal Periodic Review process, during which it responded positively to a number of recommendations. Viet Nam wished to study and learn from Malaysia's best practices in maintaining social harmony and protecting human rights and fundamental freedoms. Malaysia was wished every success in implementing the Universal Periodic Review recommendations.

SI ABU OTHMAN, of National Human Rights Commission of Malaysia, said that the National Human Rights Commission of Malaysia commended the Government for taking steps to amend the Human Rights Commission of Malaysia Act in the coming parliamentary session for the sole purpose of enabling the Commission to comply with the spirit of the Paris Principles. The Commission was very concerned about the arrest of lawyers who volunteered to defend detained persons. The right to legal representation was guaranteed under the Constitution and vital in the protection of human rights. The Government should uphold individual fundamental rights, ratify international human rights treaties such as the International Covenant on Civil and Political Rights and the Convention against Torture; strengthen the independence of the judiciary; review the death penalty and intensify efforts to combat all forms of trafficking in women and girls.

GRAINNE KILCULLEN, of Amnesty International, said that Amnesty International welcomed many of the recommendations made by States to Malaysia, which called for the protection of refugees, asylum seekers and migrant workers; to end the practice of whipping for immigration offences; to abolish the death penalty and corporal punishment; and to reform restrictive laws used to suppress peaceful political dissent. However, Amnesty International was disappointed that Malaysia did not support many of these key recommendations and urged the Government to re-consider these in due course. Malaysia’s rejection of recommendations to further the right to peaceful assembly was of particular concern in light of recent arrests of up to 160 people, including lawyers and opposition parliamentarians, for illegal assembly.

JOHN LIU, of Asian Forum for Human Rights and Development, said Malaysia's general lack of recognition of international norms and standards in relation to policing had resulted in gross abuses of power by the police and other law enforcement agencies with impunity. The Government should immediately establish a Independent Police Complaints and Misconduct Commission to conduct inquests within one month of each death in custody. There was a lack of compliance with the Human Rights Commission of Malaysia with the Paris Principles. Indigenous peoples in Malaysia continued to suffer a lack of recognition of their land rights. Since 2002, nine requests for country visits by Special Procedure mandate holders had been ignored - the Government should accept these nine pending requests and make standing invitations to all Special Procedure mandate holders.

NEHA SOOD, of Action Canada for Population and Development, said that in the report of the Working Group, the Malaysian delegation had acknowledged that the Malaysian Penal Code criminalized oral and anal sex and stated that it was against the tenets of the State’s official religion, Islam, and also Christian and Buddhist religions. Malaysia’s laws did not allow for the change of a person’s name or sex assigned at birth on identification papers, which posed difficulties for the State’s transgender population. The enforcement of these laws was targeted toward people of non-normative sexual orientation, gender identity and expression. There was targeted discrimination and violence, including beatings of transgender people, police harassment and violence targeted towards people who were perceived as gay.

ANDREW KHOO, of Commission of Churches on International Affairs of the World Council of Churches, said that with respect to the Universal Periodic Review of Malaysia there were three pressing concerns. With respect to refugees the Malaysian Government continued to decline to ratify the 1951 Convention on Refugees. The Office of the United Nations High Commissioner for Refugees in Malaysia registered approximately 47,000 persons of concern, primarily from Burma, and estimated that a similar number remained unregistered. The second concern was freedom of religion. Non-Muslim groups in Malaysia were suffering under the prohibition from using certain words and phrases deemed by the Malaysian Government as being the sole and exclusive right of the majority religion in Malaysia. This impacted the religious practices of non-Muslim faiths. The third concern was freedom of expression and freedom of assembly.

ANEESA SATTAR SILAL, of Islamic Human Rights Commission, said the Government of Malaysia routinely used the Internal Security Act 1960 and Emergency Public Order Preventive Ordinance 1969 against individuals who were suspected of being an actual or potential threat to the country's national security or public order. The Government of Malaysia’s reaction was not proportionate, and therefore its actions amounted to grave human rights violations under international human rights law, in particular violation of the right to be free from arbitrary detention, the right to due process and fair trial, as well as the right to freedom of expression. The Government should immediately abolish the Internal Security Act and release all persons held under the Act. All arrested persons should be immediately informed about charges against them, and tried according to the international principle of fair trial.

NORLALAI OTHMAN, of Persatuan Aliran Kesedaran Negara - National Consciousness Movement, said that under the Internal Security Act, the Government could detain persons without even the most basic due process rights. The Act was extremely broadly worded and allowed for indefinite detention without trial. The Malaysian judiciary had been systematically excluded from playing any meaningful role in ensuring that those detained were treated in accordance with international human rights norms. There was no effective judicial review. Habeas corpus was only available on narrow and technical grounds. Judges could review grounds of detention and were not shown the purported evidence against detainees.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, said that the Arab Commission for Human Rights welcomed the positive position taken by Malaysia with respect to the Universal Periodic Review, and the transparent replies given. However, despite this there was some misunderstanding with respect to what recommendations called for and what Malaysia had actually implemented already. On recommendation 55, the Arab Commission for Human Rights asked Malaysia to adopt the United Nations Educational, Scientific and Cultural Organization Convention to Combat Discrimination Against Girls in Education, and called on Malaysia to present a follow up to this report to the Council at the fourteenth regular session of the Human Rights Council in June 2010.

OTHMAN HASHIM, Permanent Representative of Malaysia to the United Nations Office at Geneva, said he was encouraged by the active contribution and participation in Malaysia's Universal Periodic Review. All comments made during the process had been duly noted and would be deliberated upon. Malaysia appreciated the recognition of the progress it had made in the protection and promotion of human rights. There remained challenges in the protection and promotion of human rights in the country, and in this regard, necessary actions would be taken to make improvements in several key areas. Such action was necessary for the advancement of human rights at the national level. Certain issues raised by civil society representatives had been addressed in the national report and its addendum. On preventive detention, the Government believed these laws remained necessary for the protection of public security and national order, and were important safeguards for the protection and promotion of human rights in accordance with international standards. However, the Government was going to review the Internal Security Act. The Universal Periodic Review was an important mechanism for the international community for protecting and promoting human rights and fundamental freedoms through non-confrontational dialogue and cooperation, and Malaysia remained committed to its development and that of the Council.

The Council then adopted the outcome of the Universal Periodic Review on Malaysia.

Consideration of Outcome of Universal Periodic Review on Jordan

MUTAZ FALEH HYASSAT, First Secretary at the Permanent Mission of Jordan to the United Nations Office at Geneva, said that Jordan had accepted twelve recommendations. Jordan had not only accepted the recommendations but had also started or enhanced their implementation. The Government was preparing a study in order to prevent enforced disappearances. As to honour crimes, an Article of the Penal Code had been amended. The Government had also enacted a new law to amend the Penal Code regarding honour crimes to strengthen minimal charges. To further the status of women, the Government had enacted many laws, particularly the family action code. An alimony fund alleviated the suffering of divorced women. The Government had undertaken measures to promote gender equality in society. Centers of rehabilitation and reform had been adjusted to the needs of women detained there.

The Government had amended the Penal Code to make the definition of torture compatible with the Convention against Torture, especially regarding the extraction of confessions. In cooperation with a number of non-governmental organizations, many lawyers were being trained on how to implement the provisions of the Convention against Torture and how to monitor acts of torture. There was an information booklet to inform authorities about the Convention against Torture. More permission was given to visit centers for rehabilitation and prevention. There was also an office that listened to the complaints of the families of the detainees. On administrative detention, it was explained that this was a preventive measure to protect society. These measures were being controlled to make sure that they were not used arbitrarily. Regarding the law on terrorism, there was no single case that had been given to the courts regarding terrorism, such as financing of terrorism. There were many controls, for example there were no special liberties for the security to undertake any additional steps in that field.

SAEED AL HABSI (United Arab Emirates) said that the United Arab Emirates welcomed the delegation of the Kingdom of Jordan and thanked them for the exhausted presentation made. The United Arab Emirates also welcomed the efforts taken by Jordan to promote human rights, and the many recommendations accepted by Jordan was further evidence of the importance Jordan attached to the Universal Periodic Review process and the work of the Council. Jordan’s efforts to promote the rights of the child through the national plan of action 2004-2013, which aimed to promote awareness in the judicial system through lawyers and civil servants, was commended. In addition, the measures taken by Jordan in the field of economic, social and cultural rights, in particular with regard to the right to health, were also welcomed. The United Arab Emirates praised Jordan’s commitment to uphold all its obligations and to implement the recommendations received. In this context the United Arab Emirates supported the adoption of the report.

AHMED SAADI (Algeria) said Jordan had acceded to the recommendations of the Working Group. Jordan was a country which protected the rights of women, allowing them to participate in decision-making. Jordan had also played a pioneering role in the protection of the rights of the disabled both nationally and internationally, and should share its best practices in this area. It also worked to promote the rights of migrant workers and to prevent any violations of their rights. Jordan's commitment to international human rights instruments and to those standards was extremely praiseworthy. Jordan should take advantage of the technical assistance provided by the Office of the High Commissioner for Human Rights. The Council should adopt the report.

FAISAL ABDULLA AL-HENZAB (Qatar) said that Qatar had paid particular attention to the openness shown by Jordan to the Universal Periodic Review process. Qatar welcomed the acceptance of the recommendations, including recommendations put forward by Qatar. It hoped that these recommendations would further enhance the human rights situation in Jordan, a fraternal country. Qatar commended Jordan for improving its human rights situation in a difficult economic situation and wished it all success.

ABDULLA ABDULLATIF ABDULLA (Bahrain) said that Bahrain welcomed the fact that Jordan had implemented a number of the recommendations that were received during the Universal Periodic Review process, including the ones made by Bahrain. Jordan continued to take measures to implement national policies to further promote human rights. In particular, the national action plan 2004-2013 on the promotion of the rights of the child was welcomed. Bahrain valued Jordan’s furtherance of human rights, and welcomed the reforms to the judicial system, through the training of lawyers and civil servants. Jordan consistently aimed to ensure economic, social and cultural rights as well as political and social rights. Bahrain supported the adoption of the report on Jordan.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said the recommendations were a reflection of the cooperation between Jordan and the Council, and the attitude of Jordan thereto was welcomed, in particular its firm commitment to moving forward on them. The promotion of a human rights culture through the school curriculum was welcomed. Jordan's achievements in human rights showed what great strides it had made in adopting both human rights legislation and practical measures, and this should be recognised, as despite both financial and economic hurdles, it had made great strides in the legislative framework. Jordan adopted a serious attitude in working with the Council's mechanisms.

QIAN BO (China) said that China welcomed the open and earnest attitude of Jordan in the Universal Periodic Review. Jordan had established a relatively developed human rights framework under its Constitution. The poverty rate had decreased by a big margin, and the human rights education system was improving, as was the health care system. Jordan had established a number of human rights institutions in the country. Progress in women’s rights and the penal system were also noted. China proposed the adoption of the Universal Periodic Review outcome of Jordan by the Human Rights Council.

IMAD ZUHAIRI (Palestine) said that Palestine welcomed the delegation of Jordan, and thanked them for the positive attitude taken with regard to the recommendations received. Palestine paid tribute to the care given by the Government of Jordan to the recommendations received, which was testimony to the importance Jordan attached to the Universal Periodic Review mechanism and the Human Rights Council. Palestine applauded the measures taken by Jordan to implement the recommendations on the ground. In this context, Palestine believed that Jordan maintained a positive perspective, despite the challenges facing the Government in light of limited resources and continued to work towards the implementation of its obligations. Jordan was party to a number of international human rights instruments. Palestine recommended the adoption of the report on Jordan, and wished Jordan all the success in implementing its obligations.

MOHAMED ACHGALOU (Morocco) said Jordan had achieved excellent results in the final stages of the Universal Periodic Review. Jordan had shown a very positive constructive participation in the process, showing clear political will and transparency in continuing efforts to further human rights, whilst respecting the country's traditions and culture. Jordan's support for all the recommendations was a great achievement. Jordan should use the Universal Periodic Review to undertake the challenges of taking up the international covenants and incorporating them into national legislation. Jordan's success in creating institutions deserved respect, and the international community should continue to provide technical assistance to Jordan in order to bolster its march towards progress and the respect for human rights and fundamental freedoms.

GUSTI AGUNG WESAKA PUJA (Indonesia) said that in the outcome document, Jordan had diligently sought to integrate the proposals and recommendations which were put forward by various States during the Universal Periodic Review process. Indonesia applauded Jordan’s readiness to apply new approaches to the situation of human rights in the country. Indonesia also commended Jordan on its existing constitutional human rights framework which provided the foundation for any new international human rights norm it intended to incorporate into national legislation. New measures to promote the status of women and eliminate all forms of violence and discrimination against women must be encouraged, as must the efforts to reduce poverty and consistently assure basic and compulsory education for all children.

ANNA CHAMBERS (United States) said that the United States commended Jordan for the steps taken to promote universal human rights and human welfare, such as its efforts regarding human trafficking, curriculum reform, training programmes, and awareness campaigns. The United States hoped that these initiatives would continue and expand. However, the United States noted concern with regard to honour crimes, and supported the recommendations aimed at strengthening legislation to protect women from violence and ensure that perpetrators of honour crimes were prosecuted and received sentences that reflected the gravity of their crimes. The United States appreciated Jordan’s willingness to closely examine this issue. Also of concern for the United States was the law on associations passed in 2008 and it supported recommendations that Jordan enact amendments or revisions that would provide civil society groups with the broadest possible freedom of assembly.

MOHAMMED YACOUB, of Jordan Centre for Human Rights, said the Government had taken a number of steps, and needed to take more, such as the amendment of national legislation to reduce the implementation of the death penalty. It should also combat impunity, in particular with regards to torture, and the legislation that allowed the Government to violate the rights of individuals to safety and personal freedom, enhance judicial authority, amend legislation that restricted the promotion of political freedoms, and include the principles of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights into the domestic legal system so as to cause the judicial authorities to act upon them.

JULIE DE RIVERO, of Human Rights Watch, said that Jordan’s rejection of some important recommendations geared toward eradicating torture was deeply disappointing, since many countries had voiced concern over torture in Jordan and it was hoped that the Ministry of Justice and Public Security Directorate in Jordan would consider some of the measures that Jordan’s delegation summarily rejected. Jordan had curtailed its practice of administratively detaining women threatened with violence by family members, and tribal members, threatened with violence by members of other tribes. However, the Government had made no concerted effort to apprehend or prosecute those who issued such violent threats. Human Rights Watch was heartened by Jordan’s readiness to listen to all ideas to uphold freedom of assembly and recommended that Jordan abolish prior approval for public meetings.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, said that the Arab Commission for Human Rights congratulated Jordan for accepting all the recommendations, but however, regretted that the replies were not submitted in writing before the start of the dialogue which limited transparency. On the recommendation made with regard to ratifying the Convention against Torture, and in particular, within the context of the positive replies given by Jordan on combating torture and prison visits, the Optional Protocol to the Convention against Torture called for prison visits, and thus the Arab Commission for Human Rights called on Jordan to re-consider its position with respect to this. In conclusion, Jordan was urged to provide more replies regarding civil society’s participation to the Council next year in June.

LUKAS MACHON, of International Commission of Jurists, said the Government of Jordan should investigate in a prompt, effective and independent manner all alleged acts of torture and other ill-treatment that had been systematically used in Jordan's prisons and centres of detention. The systematic practice of torture had been compounded by shielding state officials and law enforcement officers allegedly responsible for torture and other human rights violations from any legal proceedings. The session of the Universal Periodic Review had failed to address the human rights violations committed when countering terrorism. The judicial system had failed to protect the rights of victims of human rights violations through access to justice and ending the impunity of those responsible for such abuses. Human rights violations, including those committed by military and law enforcement officials, were tried by ordinary civilian courts.

VANINA GAHORE, of International Federation of Human Rights Leagues, said that the International Federation of Human Rights Leagues regretted that the Government of Jordan had refused the most substantive recommendations, in particular the official investigation on all allegations of torture and the withdrawal of all reservations to the Convention on the Elimination of Discrimination against Women and to the Convention on the Rights of the Child, as well as the ratification of the Optional Protocol to the Convention on the Elimination of Discrimination against Women, to the Convention Against Torture and to the International Covenant on Civil and Political Rights. The organization welcomed that Jordan had accepted to review the use of administrative detention and ensure that current detainees had access to legal representation and to the courts.

MARYAM SAFARI, of Charitable Institute for Protecting Social Victims, said that there were cases of ongoing human rights violations in Jordan, which included the negative approach taken towards children’s rights; the continued negligence of the basic rights of orphaned children; a rise in child labour; a rise in the number of women without heads of household and the spread of prostitution among these women; the daily rise in the number of torture cases in Jordanian detention centres and prisons, which had increased the number of complaints made against the police and security services; and the rise in suicides in Jordan, which was approximately 400 per year in a country with a population of less than 7 million.

SALLAMA AL-KHAFAJI, of Al-Hakim Foundation, said the cooperation of the Jordanian authorities with the Office of the High Commissioner for Human Rights during the Universal Periodic Review and their acceptance of the recommendations and cooperation with all human rights institutions were welcomed. Jordan was thanked for hosting thousands of Iraqi refugees in the years of violence, and since the majority of them continued to live there, Jordan was thanked for its continuing assistance and support to these refugees. There should be improvements in the field of education and health. Jordan should deploy further efforts to improve the situation of foreign workers and protect their human rights through drawing up the necessary legislative instruments.

DINA MANSOUR, of Cairo Institute for Human Rights Studies, said that the organization was concerned about the situation of women, the status of their rights, domestic violence and the prevalence of honor crimes in the Kingdom. In this regard, the organization urged Jordan to develop comprehensive penal legislation that eliminated discrimination and violence against women and that it consider amending its Criminal Code to ensure that perpetrators of honour crimes would be brought to justice, as well as to consider withdrawing its remaining reservations on the Convention on the Elimination of Discrimination against Women and ratifying its Optional Protocol. Moreover, the Cairo Institute asked Jordan to review its nationality law in order to allow Jordanian mothers married to non-Jordanians to confer their nationality on to their children.

MUTAZ FALEH HYASSAT, First Secretary at the Permanent Mission of Jordan to the United Nations Office at Geneva, in concluding remarks, said that he was thankful for all the comments and remarks made by the representatives of non-governmental organizations, and thanked the members of the troika for their exchanges, and the secretariat for its assistance throughout the process. The Universal Periodic Review offered Jordan an opportunity to thoroughly and objectively approach to the human rights situation in Jordan. The Government of Jordan intended to follow-up with the Human Rights Council on the implementation of the recommendations.

General Debate on the Universal Periodic Review

AMR ROSHDY HASSAN (Egypt), speaking on behalf of the African Group, said the Universal Periodic Review was delivering in many aspects, but was still lacking delivery in others due to the fact that not all countries were adhering to the five principles of revision. There were attempts to divert attention from some issues to others, and this was not the outcome that was to be attempted. The African Group was still suffering from the delay in translation of many reports, which caused difficulty in following the reports. All groups should adhere to the spirit of cooperation that was intended to be the moving force behind the Universal Periodic Review.

TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, said that the European Union fully supported the Universal Periodic Review. It hoped that the Review process would lead to real improvements of the situation of human rights in the reviewed States. The European Union registered its concern over efforts to manipulate the process to receive a too positive picture. It encouraged all States to refrain from efforts to load the speakers list artificially and to refrain from making recommendations that might undermine the protection of human rights. The European Union strongly underlined the need to address recommendations in an objective manner, with respect for the universality of all human rights and without politicization. Reports must reflect accurately and in a balanced manner the dialogue in the room.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates), speaking on behalf of the Arab Group, said that the Arab Group was committed to the Universal Periodic Review. This commitment was in line with the standards and criteria already established, as well as with the cultural and religious specificities of Arab countries, and a real balance across rights needed to be ensured. The Arab Group congratulated Jordan, Djibouti and others whose reports had been adopted for the balanced perspective taken in the reports; this was a real achievement and encouraging for other States. The Arab Group noted concern on the issue of translating reports into Arabic and other languages which needed to be done as soon as possible, and would allow members to be properly prepared. In addition, the waiting time for registration on the speakers list was also a pressing concern, and in particular for diplomats, which also needed to be addressed immediately.

NEZAR AL BAHARNA, Minister of State for Foreign Affairs of Bahrain, said that one year ago Bahrain was the first country to be reviewed, and in June last year the report was adopted. At the same time, Bahrain came up with an Action Plan, and asked the United Nations Development Programme to help manage it. To implement the action plan, four principles had been adopted: transparency, participation, cooperation, and adherence to results. A steering committee was formed from all human rights stakeholders, including human rights societies, non-governmental organizations, labour unions, women's unions, and others. Bahrain viewed the Universal Periodic Review process as an opportunity to foster sustainable development - Bahrain's assets were its people, and thus human rights were very important. It was working to shift its economy from one depending on oil and gas to a productive one where the private sector played a greater role, and was working to empower the people to achieve this end. Three reforms had been launched in this regard: economic, educational, and labour market reform. Bahrain's true assets were its people- they were the target and they were the tool.

ALEXANDRE GUIDO LOPES PAROLA (Brazil) said that with the adoption of the Universal Periodic Review fourth session reports, the Council had reached one third of the first and likely the most challenging cycle of the mechanism. Brazil understood that the Universal Periodic Review represented a step in the right direction in their common goal of strengthening the United Nations human rights agenda. The Universal Periodic Review was an innovative mechanism. Its universality had helped them to avoid previous practices of the former Commission, such as selectivity and double standards. The approval of the reports prepared by the working groups in the fourth session was a clear signal of the mechanism’s success when dealing with such diverse realities in the area of human rights. The fourth session of the Universal Periodic Review had presented the Council with a broad range of human rights realities. In all cases, the Council was guided by its commitment to be balanced and faithful, as well as to seek in cooperation and dialogue the best avenues for the advancement of the cause of human rights.

PAVEL CHERNIKOV (Russian Federation) expressed overall satisfaction, generally speaking, with the way in which the Human Rights Council was carrying out the Universal Periodic Review, as all States agreed to go through the procedure and had also assumed obligations under it. In this context, a major contribution was being made by the Office of the High Commissioner for Human Rights, and the Russian Federation thanked the Office for organizing the training courses on the Universal Periodic Review. The existing practice for conducting the Universal Periodic Review was not isolated from shortcomings, for instance the long waiting time to be signed up on the speakers list was a minor technical problem, and did not require urgent action by the Council; however, what was pressing was the translation of documents into the six official languages of the United Nations and Russia supported the proposal of the President of the Human Rights Council to adopt a resolution to ensure just that. The Russian Federation said that it was unacceptable, and should not be repeated in the future, where just two days ago a decision was taken by the Council to submit a number of written statements made by non-governmental organizations to be included in a country report which had not been orally presented.

RESFEL PINO ALVAREZ (Cuba) said virtually half the United Nations Member States had now come before the Universal Periodic Review mechanism, and this was an essential step forward in the protection of human rights and in eliminating the selectivity and politicisation that characterised the old Commission. The shared priority must be to perfect this procedure so that it was more objective and beneficial to all. There had been a rather artificial debate on the shifts in the list of speakers, but these were not general and should not be used to change the current situation, although alternatives could be discussed. If any short-term changes were made, then it should also be done in the list of non-governmental organizations (NGOs), in particular with regards to the participation of multinationals. Real NGOs, who acted in the field, should have a priority in the Universal Periodic Review debates - only thus could there be true participation of civil society, the participation of which was utterly indispensable.

GUNTER NOOKE (Germany) said that the Universal Periodic Review should be used to obtain an overview of the situation in each country that was a member of the United Nations. It was particularly important to establish a more genuine dialogue in the Universal Periodic Review, notably during the so-called interactive dialogue session. Over the last months Germany had witnessed a strong increase in recommendations and a similar decrease in questions. In Germany’s view, questions not only guaranteed the authenticity and liveliness of the procedure, but were also a necessary component of the constructive nature of the Universal Periodic Review. Germany said that they still needed treaty bodies and Special Procedures. The introduction of the Universal Periodic Review had made none of them superfluous.

PETER GOODERHAM (United Kingdom) said that it was important for the continued credibility of the Universal Periodic Review that participation in the Working Group was maximized to allow all States who wanted to intervene the opportunity to do so. The Universal Periodic Review had to embody the principles of universality, transparency, objectivity and non-selectivity. The United Kingdom was concerned about some attempts to manipulate speakers’ lists, and that a number of recommendations had been made and accepted recently that could undermine the protection of human rights. Civil society participation in the Universal Periodic Review was crucial for its success. Their reports were vital for the preparation of the dialogues and they had a valuable role to play to support implementation of the outcome. The United Kingdom was also concerned that at some recent meetings civil society representatives had not been allowed to speak for their allotted time period. The agreed strict time limits needed to be observed during the adoption process in the plenary. Furthermore, it was also important that the reports for adoption were available in all United Nations languages.

MURIEL BERSET (Switzerland) said the Universal Periodic Review was a very promising mechanism. The international community was still in the initial phase, and it was up to all to ensure that it developed in the right direction. With regards to translations, universality and cooperation lay at the heart of the mechanism, and it was therefore vital for the reports to be in all languages. Reports must be translated. With regards to the responses given by States to recommendations, it was vital for the State to clearly accept or note all recommendations made to it when the Council adopted the report. The Universal Periodic Review was the result of lengthy negotiations culminating in a balanced mechanism, and opening up breaches in that would result in an unbalanced mechanism. Switzerland had been very much involved in ensuring that civil society was part of the mechanism, and there should be a better distribution of timing in the plenary to ensure that NGOs could speak. It was only through tolerance of other views that a real determination to protect freedom of speech could be assessed. Switzerland was making progress in implementing the recommendations made to it during the Universal Periodic Review Process last year.

MARGHOOB SALEEM BUTT (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the Universal Periodic Review continued to be the jewel of this newly created Council. The Organization of the Islamic Conference believed that the Council needed to preserve its universal character. There had been a tendency by States to recommendations that the States under review should align their laws in accordance with regional bodies. This was not how it should be. The concern regarding the delays in the translation had been raised several times and needed to get the attention of the Secretariat. This should be resolved once and for all. The procedural issue regarding speaker’s lists should also be resolved as soon as possible. It was important to streamline the Council’s work and to call exceptions ‘exceptions’.


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