HUMAN RIGHTS COUNCIL ADOPTS OUTCOME OF UNIVERSAL PERIODIC REVIEW OF QATAR, NICARAGUA AND ITALY

The Human Rights Council this morning adopted the outcome of the Universal Periodic Review of Qatar, Nicaragua and Italy.

Ahmad Bin Abdullah Al-Mahmoud, Minister of State for Foreign Affairs of Qatar, said Qatar paid significant attention to the Universal Periodic Review mechanism which provided all countries with a great opportunity to improve, strengthen and promote their commitments under international human rights law. Most of the recommendations formulated during the interactive dialogue enjoyed the support of Qatar at that time - out of a total of 112 recommendations, 76 were adopted at the time, and Qatar took note of 24 for detailed study, and in-depth analysis. Consequently, it was determined that several were in fact already or currently being implemented, and that they were consistent with the State's objectives and strategies.

Speakers praised Qatar’s engagement with the Council and its acceptance of the majority of recommendations was an indication of its will to continue the promotion and protection of human rights. Some speakers asked Qatar to continue to strengthen cooperation with civil society, make improvements in terms of gender equality and public health, allow more women in higher levels of Government, and support regional meetings aimed at discussing injustices against women.

Saudi Arabia, Cuba, Jordan, Oman, United Arab Emirates, Bahrain, Venezuela, Egypt, Kuwait and Pakistan spoke in the discussion, as did the following non-governmental organizations: National Human Rights Committee of Qatar, Cairo Institute for Human Rights Studies, Indian Council of South America, OCAPROCE International Action Internationale pour la Paix et le Développement dans la région des Grand Lacs, Al-Hakim Foundation, Comite Internationl pour le respect et l'Application de la Charte Africaine des Droits de l'Homme et des Peuples and Amnesty International.

Carlos Robelo Raffone, Permanent Representative of Nicaragua to the United Nations Office at Geneva, thanked all who had participated in the Universal Periodic Review process, which had allowed for identification of strengths and weaknesses. In order for the challenges to continue improving the system of human rights to be met, full support of other States would be needed. Nicaragua supported many recommendations, including on the protection, assistance and health of women and girls victims of violence, among others. The recommended reforms to ensure independence of judiciary were not appropriate, since the Constitution established segregation of power. The Judiciary in Nicaragua was independent and paid allegiance only to the Constitution and the laws.

Speakers congratulated the Government of Nicaragua for its firm commitment to the protection and promotion of human rights. Obstacles in the field of human rights remained, but the Government had adopted a number of programmes and strategies that aimed to reduce illiteracy, marginalisation, and poverty. Some speakers said Nicaragua showed no evidence of implementing the recommendations made during the Universal Periodic Review and urged it to comply with all recommendations.

Cuba, Qatar, Algeria, Venezuela, Bolivia, Pakistan, Malaysia, Sri Lanka, Uzbekistan, Iran and Democratic People’s Republic of Korea took the floor as did the following nacional human Rights institutions and non-governmental organizations: Procuraduria para la defensa de los derechos humanos de Nicaragua, World Organization against Torture, Madre, Inc., Amnesty International, International Save the Children Alliance, Action Canada for Population Development and European Region of the International Lesbian and Gay Federation.

Laura Mirachian, Permanent Representative of Italy to the United Nations Office at Geneva, said
Italy had given a positive answer to the great majority of recommendations; out of the 92 recommendations Italy had accepted 78 and two recommendations had been accepted partially while 12 had not been accepted. Many recommendations focused on challenging areas where the Government recognized that further attention was required, such as integration policies and equal opportunities.

Speakers said Italy had shown its commitment to human rights by welcoming most of the recommendations that were submitted to it. The good-will of Italy in implementing the rest would be a sign of its commitment to international human rights. Three areas of concern were the marked increase of racist and discriminatory behaviour against migrants and the Roma and Sinti population; the treatment and refoulement of illegal migrants and asylum seekers; and increasing restrictions to the freedom of expression and the right to information.

Algeria, Iran, Belarus, United States, Iraq and Somalia took the floor, as did the following non-governmental organizations: Human Rights Watch, Charitable Institute for Protecting Social Victims, International Federation of Human Rights Leagues, Amnesty International, Save the Children, Rencontre Africaine pour la defense des Droits de l’Homme, Reporters Without Borders, International Gay and Lesbian Alliance, Franciscans International and Volontariato Internzionale per lo Sviluppo.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, the Council is scheduled to conclude its general debate on human rights situations that need the Council’s attention and to start its general debate on human rights bodies and mechanisms.

Universal Periodic Review for Qatar

AHMAD BIN ABDULLAH AL-MAHMOUD, Minister of State for Foreign Affairs of Qatar, said Qatar paid significant attention to the Universal Periodic Review mechanism which provided all countries with a great opportunity to improve, strengthen and promote their commitments under international human rights law. During the review process, the fruitful interactive dialogue contributed greatly to strengthening cooperation and helped benefit from other countries' experiences, which ultimately led to the achievement of the Council's noble objectives. The State of Qatar participated in the review process in an open and transparent spirit, and undertook to duly consider all the Working Group's recommendations. Most of the recommendations formulated during the interactive dialogue enjoyed the support of Qatar at that time - out of a total of 112 recommendations, 76 were adopted at the time, and it took note of 24 for detailed study, and in-depth analysis. Consequently, it was determined that several were in fact already or currently being implemented, and that they were consistent with the State's objectives and strategies.

Although in agreement with the overall content of a number of recommendations, the State could not accept them in full, as they contained items that were incompatible with the provisions of Islamic law, the State's Constitution and laws, or contradicted the national identity. Some temporary difficulties, such as the lack of technical capacity, prevented Qatar from acceding to other conventions at the present time. The State accepted 11 of the 24 recommendations, and considered that eight of them were either already implemented or were in the process of implementation. Thirteen recommendations did not enjoy the State's support. Qatar believed that the process of follow-up on the recommendations accepted by the State during the Universal Periodic Review was no less important than preparing and discussing the report before the Working Group, and would spare no efforts to build and strengthen capacities through technical cooperation with the human rights mechanisms. Qatar thanked all States and stakeholders, and looked forward to working with other Member States to make headway towards the common goals, and to contribute to the advancement of both the work of the Working Group and that of the Human Rights Council.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said Qatar’s engagement with the Council and its acceptance of the majority of recommendations was an indication of its will to continue the promotion and protection of human rights. Qatar had also hosted numerous conferences on various topics, which further indicated its will for progress. Saudi Arabia congratulated Qatar on all measures it had taken to promote human rights in all fields and called upon the Human Rights Council to adopt the outcome of the Universal Periodic Review outcome of Qatar.

RODOLFO REYES RODRIGUEZ (Cuba) said Cuba commended the delegation of Qatar for its spirit of compromise during the Universal Periodic Review. The substantial achievements of the Government of Qatar for the promotion and protection of the human rights of all were confirmed in this review process. Of particular importance were Qatar’s achievements in terms of education, health, and people with disabilities. Qatar had a leading role as an agenda setter in the developing world. Cuba welcomed that Qatar accepted the recommendations made by Cuba.

SHEHAB A. MADI (Jordan) said Jordan welcomed the Minister and thanked him for giving clear replies to the recommendations made in the report. This was a reflection of the recent positive developments in human rights in Qatar, which had continued developing its legal framework in order to guarantee the fundamental freedoms and human rights of its population. Jordan welcomed the progress made in respect of the rights of women and the new legislation for combating human trafficking, including greater attention to victims. Qatar was also interested in cooperation with the United Nations human rights bodies, and had called for peaceful coexistence which was seen in the establishment of the new centre on dialogue between religions.

YAHYA SALIM AL-WAHAIBI (Oman) said that the cooperation of Qatar was embodied in the interactive dialogue that was most sincere during the Universal Periodic Review of Qatar. Oman expressed its appreciation of Qatar’s recognition of the recommendations contained in the Universal Periodic Review report. The declared commitment of Qatar to implement the recommendations indicated the attachment of Qatar to a culture of human rights. Finally, Oman hoped the Council would adopt the outcome review of Qatar and that it would also mention the efforts Qatar had made to promote and protect human rights in the country.

OBAID SALEM SAEED AL ZAABI of United Arab Emirates said the United Arab Emirates welcomed Qatar's efforts to protect and promote human rights and fundamental freedoms, and the efforts had continued to bear fruit, as shown in the progress made. The determination of Qatar to move forward in promoting human rights and disseminating a culture of human rights was welcome. The country was making efforts to involve women in the development process in all areas, and this was of interest, as it worked to create a modern society, where women had the status they deserved. The openness to the recommendations made was appreciated, as was the commitment to continue the work to promote human rights. The efforts made should be taken into account by the Council.

MUNA ABBAS RADHI of Bahrain said the positive measures taken by Qatar in agreeing to and implementing most of the recommendations issuing from the Universal Periodic Review were welcomed, in particular the recommendations on women's liberation and the protection of people with disabilities. The interest taken by Qatar in combating human trafficking was important, as was the invitation of the Special Rapporteur on trafficking to visit the country. Qatar had promoted a number of measures to protect human rights, and this showed the extreme interest of the Government as well as its commitment to human rights.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) said the information provided by Qatar was extremely useful and Venezuela was satisfied by the response of the Government of Qatar, particularly with regards to women's rights. Venezuela congratulated Qatar on what it had done for its people; that had been very clear during the review process, particularly thanks to the actions carried out to tailor its norms. Qatar had supported most of the recommendations made and Venezuela congratulated the Government for the major efforts it had made to promote and protect the rights of its people.

AHMED IHAB GAMALELDIN (Egypt) said Egypt appreciated the positive approach adopted by Qatar which had shown its commitment to collaborate with human rights instruments and mechanisms. There was no doubt that the adoption of the report would be the start of a new phase that was characterized by a push to realize human rights in Qatar. Egypt was confident that Qatar would continue its path to promote and protect human rights at the national level and that it would continue its efforts at the regional level.

DHARAR ABDUL-RAZZAK RAZZOOQI (Kuwait) said Kuwait welcomed the Minister and thanked him for his excellent presentation. The promotion and protection of human rights was a cornerstone of reforms in Qatar and Qatar had reiterated the key role of human rights when it created its national human rights institution in line with the Paris Principles and other independent institutions. Qatar had always been tireless in improving human rights internationally, as attested by the creation of the Centre for Human Rights Documentation, which aimed to improve competencies with regard to human rights. Qatar always responded to the recommendations made by the Working Group, and Oman welcomed the decision to review many recommendations, particularly those aimed at making women vital partners in the development process.

ZAHOOR AHMED (Pakistan) said that Qatar had a successful review and it was encouraging to note that Qatar had accepted a large number of recommendations made by the Working Group. Pakistan welcomed the resolve of the Government to accelerate its efforts to further promote and protect the human rights of its citizens. It was a matter of satisfaction that women were playing an important role as key partners in the socio-development process of the country and Pakistan welcomed the commitment of the Government to continue with the policies to ensure their full participation. Pakistan noted the commitment of the Government in strengthening labour laws with the view to improving living and working conditions of foreign workers. Pakistan was confident that Qatar would continue its efforts to guarantee the promotion and protection of human rights of its citizens.

ALI SAEED AL-MARRI, of National Human Rights Committee of Qatar, said the review of human rights in Qatar showed progress made, however, there were some comments which could be summarised as following: in terms of international conventions, although Qatar had set up a committee to consider joining these, its work was not yet completed. At the legislative level, although existing legislation accorded all economic, social and cultural rights and civil and political rights, except for some, there were proposals for amendments. The efforts made by the Government to examine legislation on foreign migrant workers, housing and the press were also noted. Progress had been monitored through reports to treaty bodies. The State had undertaken efforts to implement the provisions of all international conventions it had joined, but further efforts were required. There had been progress in human rights in recent years, with the Government making efforts to overcome remaining challenges.

JEREMIE SMITH, of Cairo Institute for Human Rights Studies, said the Gulf Cooperation Council's 2004 Convention Against Terrorism to which Qatar was a State party had a definition of terrorism which was too broad and too vague, and likely to lead to the restriction and prohibition of the rights of freedom of expression, association and assembly, as well as punishment for their legitimate use. Qatar should include a definition in conformity with the United Nations Convention against Torture and should provide legal provisions expressly prohibiting the expulsion, return or extradition of a person to another State that practiced torture. The inequality of naturalised citizens and those of Qatari origins was established by law, and Qatar should take the necessary measures to ensure de facto equal rights for all its citizens and fight against situations of statelessness.

RONALD BARNES, of Indian Council of South America, congratulated Qatar for completing its first Universal Periodic Review and for accepting many of the recommendations, including that the laws should be more focused on with regards to the death penalty. The Indian Council of South America was concerned that in Qatar and around the world many people had been sentenced to death without due process, many of whom were innocent. It congratulated Qatar on the efforts to draft a law on domestic workers but asked the Government to allow more Special Procedure mandate holders and Special Rapporteurs into the country. The Government was also asked to continue to strengthen cooperation with civil society, make improvements in terms of gender equality and public health, allow more women in higher levels of Government, and support regional meetings aimed at discussing injustices against women.


MICHELINE MAKOU DJOUMA, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (OCAPROCE International), noted that Qatar envisaged acceding to the International Covenant on Civil and Political Rights, and had accepted the recommendations from States, and the pertinent comments made. OCAPROCE International was concerned about the situation of human rights defenders working on children and women’s rights but congratulated the Government for its efforts to promote and protect human rights, particularly women’s and children’s rights. Qatar’s accession to the Convention on the Elimination of All Forms of Discrimination against Women was proof of the Government’s attempts to ensure the rights of women in the society. Nevertheless, much remained to be done and OCAPROCE International recommended that the Government ratify the International Covenant on Civil and Political Rights and that it effectively implement the economic, social and cultural rights of women.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said Action Internationale pour la Paix et le Développement dans la région des Grand Lacs welcomed the progress made by the Government of Qatar in line with its action programme of development up to 2030. Qatar had become a model in development, democracy and human rights, and promotion of a culture of peace, as attested by the creation of the centre for inter-religious dialogue, the Arab foundation to promote democratic culture in the region, and the Doha centre for freedom of the press. Action Internationale pour la Paix et le Développement dans la région des Grand Lacs asked the Council to help Qatar modify its laws such as domestic legislation of torture.

ABDUL AMIER HASHOM, of Al-Hakim Foundation, said the report reflected a positive approach adopted by Qatar and its compliance with its international obligation in the field of human rights. Al-Hakim Foundation commended Qatar for the progress it made, particularly the Centre for inter-religious dialogue and for offering the means to maintain such important project. Al-Hakim Foundation also welcomed the interest of Qatar to create international centres to build culture of dialogue and peaceful coexistence, such as embodied in the Doha centre for freedom of the press. Al-Hakim thanked Qatar for taking note of the recommendations and for promising to address them, hoped Qatar would devote greater resources to combat domestic violence, promote rights of child and protect the rights of migrant workers.

MALUZA WASILUADIO, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said the availability and spirit of openness shown by Qatar was commended, showing its determination to protect and promote human rights, making it a non-negotiable priority. Qatar had taken a number of major initiatives over the last decades to strengthen the legal arsenal on human rights, including for migrant workers. Measures had also been taken to ensure better protection of freedom of religion, belief and association. Qatar had made a decisive contribution to establishing peace and security in many countries. Combating human trafficking, working to ensure better protection for media professionals, strengthening the independence of the judiciary and others showed the ongoing concern of Qatar to meet the challenges of today's world whilst remaining open to recommendations made by the Council.

MARIANNE LILIEBJERG, of Amnesty International, said Amnesty International called on Qatar to support and implement key recommendations, and to lift restrictions on the rights to freedom of opinion and expression, and take steps to promote freedom of the press and repeal provisions that criminalised legitimate forms of freedom of expression. Qatar should reconsider the recommendations on women, in particular to review and repeal laws that discriminated against women. Qatar's support for the recommendation on ensuring fair trials was welcome and Qatar should ensure an end to the use of arbitrary detention without charge or trial, including in the context of counter-terrorism and public security.

AHMAD BIN ABDULLAH AL-MAHMOUD, Minister of State for Foreign Affairs of Qatar, in concluding remarks, expressed his deepest gratitude and appreciation to all States that had presented their statements and comments. All comments and observations heard today would be taken into consideration and the recommendation concerning the standing invitation to Special Procedure mandate holders had been accepted. Mr. Al-Mahmoud also renewed Qatar’s commitment to further its relations with human rights mechanisms and hoped that Qatar’s participation had contributed to strengthening and further improving the Universal Periodic Review mechanism.

The Council then adopted the outcome of the Universal Periodic Review of Qatar.

Universal Periodic Review for Nicaragua

CARLOS ROBELO RAFFONE, Permanent Representative of Nicaragua to the United Nations, Geneva, thanked Member and Observer States and civil society actors that had participated in the Universal Periodic Review process, which had allowed for identification of strengths and weaknesses. The challenges to continue improving the system of human rights and full support of other States would be needed. Nicaragua commented on the report on the basis of its constitutional framework and with its national sovereignty in mind. Nicaragua supported the recommendations related to the of new international instruments and had already proceeded with the ratification of the International Labour Organization convention on indigenous people, and this action had been recognised by the Special Rapporteur on the human rights of indigenous people. The moment was not right however for the ratification of the convention on forced disappearances, the Rome Statute and the Additional Protocol, as ratification of those instruments would require major economic resources. Nicaragua supported the recommendations related to the protection, assistance and health of women and girls victims of violence, but could not accept the recommendation for therapeutic abortion, since it was the people themselves who decided to defend the right to life of the unborn. The State had created a specialised department for women and children, which provided support and assistance to victims of human trafficking and sexual exploitation and the national strategy for reproductive health, had been developed.

With regards to recommendations 6 and 7, Nicaragua reiterated that it prohibited torture and any form of ill treatment in the current criminal code and other national laws. National legislation previewed sanctions against all acts of torture, including those committed by soldiers in active service and therefore Nicaragua considered that this recommendation was not appropriate. Nicaragua reiterated there was no State policy against human rights defenders and stressed that the incidents affecting human rights defenders in the exercise of their profession stemmed from individuals. The State strictly adhered to respect of human rights and promoted in all schools tolerance and respect for human rights defenders. On recommendation 13 which sought to intensify measures to prevent violence against women, Nicaragua said that discrimination and violence were unacceptable and stressed changes brought about government-promoted development models which were human-centred. The State promoted actions in favour of women, such as free access to justice for all, campaigns to stop silence, and others. In the area of domestic violence, Nicaragua had adopted a protocol on police action and signed a protocol to produce a tool for coordination of works of judges, lawyers and others.

Nicaragua reiterated that civil society had full freedom to express its opinion but because of the respect for national sovereignty, this right was deserved for nationals only and foreigners were precluded from interfering in domestic affairs. The recommendation on creation of a body to regulate mass-media broadcast and to investigate allegations and incidents into silencing of journalists, Nicaragua said it had promoted a law based on principles of access to public information, multi-ethnicity, citizen participation, and others.

Nicaragua took into account the recommendation to adopt measures to ensure that members of the political opposition were able to express themselves freely. Regarding the revision of electoral laws, Nicaragua said that the State recognised the rights of all ethnic groups in the country, particularly cultural and political rights, or right to communal property. The recommended reforms to ensure independence of judiciary were not appropriate, since the Constitution established segregation of power. The Judiciary in Nicaragua was independent and paid allegiance only to the Constitution and the laws. Regarding the recommendations to increase appropriations for education, Nicaragua said it was already working on it through actions designed to strengthen national education system and obtaining more resources though fiscal taxing. Access to education was free of charge and school feeding programmes were being implemented, while the new education strategy that was being developed would give priority to rural areas.

RODOLFO REYES RODRIGUEZ (Cuba) said Cuba congratulated the Government of Nicaragua for its firm commitment to the protection and promotion of human rights. The Sandinista Revolution had brought a new dawn, with the protection of human rights for all Nicaraguans. Nicaragua had seriously assumed the Universal Periodic Review, and its particular progress had been apparent in the country, with full enjoyment of human rights for all, with dignity and justice. The actions taken by the Government to reduce poverty were praiseworthy, with progress in education, health and other areas. The eradication of illiteracy in 2009 was a truly laudable result. The Government's commitment to implement recommendations formulated and accepted was also lauded. The Government of Nicaragua was committed to improving the situation for all, including indigenous peoples, and was sparing no effort in that regard.

KHALID FAHAD AL-HAJRI (Qatar) said Qatar valued the positive and constructive reaction by the authorities in dealing with the recommendations in the report, with the acceptance of 68 recommendations. This had demonstrated the seriousness attached by Nicaragua to the situation of human rights. Obstacles in the field of human rights remained, but the Government had adopted a number of programmes and strategies that aimed for reduction of illiteracy, marginalisation, and poverty. Qatar wished Nicaragua the best in efforts to realise further economic and social development.

BOUALEM CHEBIHI (Algeria) said the national report of Nicaragua had allowed all to become familiar with the strengths and weaknesses that needed to be addressed with regards to the human rights of all Nicaraguans. Algeria and Nicaragua were united in defending the objectives and principles of the United Nations and human rights. Their participation in the work of the Council was proof of their determination to promoting human rights universally. Algeria was particularly pleased that two of its three recommendations had been accepted by Nicaragua, and that the third had received a positive reply today. The recommendations had served as grounds for impetus and initiatives in Nicaragua and Algeria encouraged the Government to continue its efforts aimed at tackling poverty and ensuring better living conditions.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) said Venezuela was pleased to note the open spirit and the constructive approach that the Government of Nicaragua had demonstrated during the review process. Venezuela recognized once more the important efforts carried out by the Government in terms of promoting and protecting human rights on its territory. Despite the great difficulties due to the world economic crisis, the Government had spared no efforts to ensure the population’s access to education on an equal basis and free from costs. Venezuela encouraged the Government to maintain and step up the incessant impetus it had given to its social policies aimed at including the most vulnerable groups.

HUGO MONTERO (Bolivia) said that during the seventh session of the Universal Periodic Review Working Group, Bolivia had highlighted the great progress Nicaragua had made to ensure respect for the human rights of its people and had stressed the importance of the plans for national development though legal harmonisation. Bolivia had recommended that the Government continue the development of the human rights system and that it ratify the necessary human rights instruments. The report submitted to the Council was fully compliant with the Universal Periodic Review norms and Nicaragua was complying with all international human rights norms. Bolivia recommended the adoption of the report.

ZAHOOR AHMED (Pakistan) said it was encouraging that Nicaragua had accepted most of the recommendations which showed its commitment to the promotion and protection of human rights. Pakistan noted with satisfaction that Nicaragua considered providing sanctions against organizations that promoted racial discrimination and said it would certainly help to further improve the society. Pakistan appreciated the attention Nicaragua gave to economic, social and cultural rights and noted with appreciation that the Government was committed to further strengthening the specific policies and programmes for the welfare of its people.

ADNIN SITI HAJJAR (Malaysia) said Malaysia was encouraged that Nicaragua had accepted a large number of recommendations, and that the Government had already embarked on implementing a number of these. Nicaragua was commended for its commitment to the promotion of human development, with a view to eradicating poverty among its people, and for its firm commitment to achieving the Millennium Development Goals despite the considerable constraints faced by the country. One of the most important means for achieving the Millennium Development Goals was through international cooperation and assistance which was free from conditionalities. Malaysia was keenly aware of the role that Nicaragua, along with other likeminded States, had played in ensuring that the Council remained focused on its primary mandate, which was the protection and promotion of human rights and fundamental freedoms of all.

SUMEDHA EKANAYAKE (Sri Lanka) said the historical context of Nicaragua amply demonstrated the manner in which the Nicaraguan people had overcome daunting challenges in the protection and promotion of their civil society and economic, social and cultural rights, including the right to development. A number of recommendations in meeting these challenges would contribute to further protect and promote these rights. The acceptance of so many recommendations was a clear sign of Nicaragua's engagement with the Universal Periodic Review process. The key challenge facing the Government at present was the fight against poverty, and the Universal Periodic Review process and the agreed recommendations would further facilitate these efforts at the national level.

BADRIDDIN OBIDOV (Uzbekistan) said Uzbekistan congratulated Nicaragua on the exhaustive information it had provided to the Council. Uzbekistan welcomed that civic and economic rights had further been strengthened in Nicaragua, that the Government had made efforts to improve the judiciary, and that it had accepted the recommendation made by Uzbekistan. During the Universal Periodic Review, the Government of Nicaragua had shown clearly that the national system of human rights promotion and protection was being developed and Uzbekistan wished Nicaragua the best of success in continuing this endeavour.

MOHSEN GHANEI (Iran) said Iran thanked the Government of Nicaragua for accepting many recommendations, including those that Iran had presented during the seventh Universal Periodic Review Working Group session. That clearly showed Nicaragua’s will and commitment to further promote and protect human rights at the national and international levels and to address challenges, particularly those in the social and educational field. Iran further commended Nicaragua’s principled position on the Occupied Palestinian Territories, particularly its position following the recent brutal attack against the humanitarian aid convoy to Gaza.

CHOE MYONG NAM (Democratic People’s Republic of Korea) said the Democratic People’s Republic of Korea appreciated the sincere and constructive approach adopted by Nicaragua towards the Universal Periodic Review process and was pleased to note the consistent policy and efforts aimed at the promotion and protection of human rights of all people in the country. Despite challenges, the Government had made considerable progress in the areas of economic, social and cultural rights and civil and political rights. The Democratic People’s Republic of Korea commended the efforts of the Government to implement recommendations of the Working Group as part of its commitment to intensify its activities for the promotion and protection of human rights.

KATHARINA ROSE, of Procuraduría para la Defensa de los Derechos Humanos de Nicaragua, said Procuraduria para la defensa de los derechos humanos de Nicaragua was pleased that Nicaragua had ratified the International Labour Organization’s convention on indigenous people. Due to the lack of resources there was serious concern for the health and education sectors. Procuraduria para la defensa de los derechos humanos de Nicaragua suggested the revision of the current legislation that restricted access by women to therapeutic abortions and recommended the increase of resources for the provision of food for rural and urban areas. People over 65 were not duly enjoying social protection and the system should be strengthened. Lack of resources and drug trafficking were real obstacles.

VILMA NUNEZ, of World Organization against Torture, said Nicaragua had shown no evidence of implementing the recommendations made during the Universal Periodic Review. The proceedings leading to electoral fraud remained, threatening the 2010 elections. Provisions issued by the Government ran counter to Constitutional norms, and decrees had seriously affected the legitimacy and independence of the judiciary. The recommendations urging Nicaragua to respect the rule of law and the Constitution which prohibited continuing Presidential elections should be implemented. The Nicaraguan State continued to hinder media workers and human rights defenders, encouraging new forms of aggression and threats, and violence against women continued in all its forms. It was regretted that Nicaragua provided information that was not consistent with reality, and was missing an opportunity to improve the human rights situation in the country. Nicaragua should comply with all recommendations.

Ms. A. SOLIS ROMAN, of Madre, Inc., said the report of the Working Group on the Universal Periodic Review had stated its position on the Constitutional norms, the respect of human rights defenders, and the repeal of the prohibition of therapeutic abortion in Nicaragua, but the situation had gotten worse over the last months. There was now a law prohibiting abortion even in life-threatening situations. The Supreme Court was illegally made up, and contained lawyers whose terms of office had expired, but continued to work thanks to a decree issued by the Government. There were illegal actions and no investigations by the Police or the Prosecutor. The whole legal system had crumbled, and the President was committing illegal actions that ran counter to the Constitution.

MARIANNE LILIEBJERG, of Amnesty International, welcomed Nicaragua’s immediate support of 68 of the recommendations that had been made. Among the 41 recommendations Nicaragua had undertaken to further review were that concerning the total ban on abortion, introduced in 2006, and subsequently enforced through new criminal laws introduced in 2008. Amnesty International very much hoped that Nicaragua would heed the consistent calls to repeal or reconsider the total ban of abortion, made by no less than 12 States. So long as the total ban on abortion remained in place, victims of rape and incest were compelled to bear children or risk their health and imprisonment if they sought an illegal abortion. A further consequence of the total ban on abortion was that medical professionals, fearful of prosecution, delayed or denied life-saving medical treatment to women and girls who suffered complications during pregnancy.

DAVINIA OVETT BONDI, of International Save the Children Alliance, welcomed Nicaragua’s ban on corporal punishment but regretted the limited focus it had on the special protection of children who were victims of rape. International Save the Children Alliance also urged the Government to duplicate a sustained investment in education to achieve the goal of universal basic education, giving high priority to the education of rural children and those on the Caribbean coast. International Save the Children Alliance further urged the Government to double efforts in terms of creating decent jobs in order to reduce the migration of adult heads of households due to the risks of abandonment and lack of protection resulting in exploitation of children.

MARIA OROZCO, of Action Canada for Population Development, said abortions continued to be outlawed in Nicaragua despite the recommendations of various human rights bodies. Recently a parliamentary group introduced an amendment to law 641 to open a legal window for life saving treatment of all pregnant women. Abortion providers were threatened by legal prosecution with the inevitable consequence of death of women. Action Canada for Population Development asked the Human Rights Council to maintain its recommendations to the Nicaraguan Government pending the repeal of the laws.

MARIO JOSE GUTIERREZ, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), urged the Government of Nicaragua to draw up laws and effective policies against discrimination and violence due to sexual orientation and sexual identity and to stop penalizing women for therapeutic abortions. The European Region of the International Lesbian and Gay Federation also demanded that the Government ratify the Convention on the Elimination of Discrimination against Women as well as the Rome Statute. Nicaragua should incorporate civil society groups in the State’s process and finance the office of the Human Rights Ombudsman from the State budget so that they might do work in the area of gender identity.

CARLOS ROBELO RAFFONE, Permanent Representative of Nicaragua to the United Nations Office at Geneva, said Nicaragua thanked the Council for the opportunity to hold a genuine, sincere and transparent dialogue. Nicaragua was grateful for all recommendations, and hoped to continue to work for the protection and promotion for human rights. Much remained to be done, but the Government's commitment to human rights would remain permanent, and efforts would continue.

The Council then adopted the outcome of the Universal Periodic Review of Nicaragua.

Universal Periodic Review for Italy

LAURA MIRACHIAN, Permanent Representative of Italy to the United Nations Office at Geneva, said the Universal Periodic Review had significantly contributed to assess Italy’s domestic situation in the field of human rights. Italy’s national report was the product of an open and comprehensive consultative process which had benefited from input from the State Administration and civil society. Important decisions concerning migration policy would be taken within the legal and political framework of the European Union, through a coordinated approach which must encompass sustainability, social integration and rule of law as complementary aspects of the same phenomenon. During the interactive dialogue, Italy had received 92 recommendations. The Italian authorities had considered all recommendations, each of which was an opportunity to re-examine Italy’s position on the issue it raised. Italian authorities had convened two meetings with civil society organizations and the review and responses had been the subject of two Parliamentary hearings.

Italy had given a positive answer to the great majority of recommendations; out of the 92 recommendations Italy had accepted 78 and two recommendations had been accepted partially while 12 had not been accepted. Many recommendations focused on challenging areas where the Government recognized that further attention was required, such as integration policies and equal opportunities. Some concrete decisions had already been taken over the last months and weeks. For example, the Italian Parliament had concluded the ratification process of the Warsaw Convention on the protection of victims of human trafficking a few days ago; a further 200 million Euro had been allocated to integration policies for migrants, particularly in the labour sector; and the Minster for Equal Opportunities would soon launch an updated National Action Plan against racism and racial discrimination. Those measures had been taken in a particularly difficult financial moment related to the international crisis.

IDRISS JAZAIRY (Algeria) said Italy had shown its commitment to human rights by welcoming most of the recommendations that were submitted to it. The Algerian delegation had the pleasure and honour of making a contribution to the interactive dialogue on the report and Italy had accepted three of their recommendations. With respect to the fourth recommendation and in light of difficulties encountered by migrant workers, Algeria would have liked Italy to accept Algeria’s recommendation that Italy become party to the Convention on the Protection of Migrant Workers and All Members of Their Families, and this could apply to other European countries as well. The Government representatives of certain European Union countries seemed to not take note of the position stated by members of their parliaments which suggested that they become party to the convention. Italy had also provided an exemplary case of its noble spirit when it settled its historic dispute with its former colony Libya and set an example for other former colonial powers. Algeria also welcomed Italy’s renewed commitment of development aid despite the difficulties posed by the current economic situation.

MOHAMMED ZARAN (Iran) said Iran would like the Italian delegation to elaborate on progress made in the following areas: the ratification of the Convention on the Protection of Migrant Workers and All Members of Their Families; providing adequate housing, education, employment and healthcare for the Roma community; developing a comprehensive set of measures to tackle racism and racial discrimination and to combat all its forms and manifestations; and developing a national integrated human rights plan.

ANDREI TARANDA (Belarus) said the Universal Periodic Review showed that the United Nations Human Rights Council had a close interest in Italy's policy with respect to protecting and promoting human rights - in total, 92 clustered recommendations were made, 44 of which Italy considered to be already implemented or in process of implementation. The good-will of Italy in implementing the rest would be a sign of its commitment to international human rights. Work must continue in combating trafficking in human beings, in particular by reducing the demand for the services of the victims of trafficking. There was also work to be done in finding a reasonable balance with regard to the massive inflows of migrants and national security and human rights. Discriminatory trends and racist acts must be reduced. The Universal Periodic Review was a mechanism for cooperation and should not be used as a tool for duress and thus Belarus sympathised with Italy's assertion that it could not implement certain recommendations.

JOHN C. MARIZ. (United States) said the United States commended Italy for enhancing its commitment to address human rights issues with the proposed establishment of a national independent commission for the protection and promotion of human rights. Italy should continue to ensure that freedom of expression in the media was guaranteed, and should adopt further measures and safeguards to ensure the independent functioning of all media, without the influence of the State. The United States recognized the challenges that Italy faced with the increased rates of immigration in recent years, and recommended that Italy ensure the rights of members of minorities. On the forced evictions of persons living in unauthorised camps, the United States encouraged Italy to intensify its efforts to consult with the affected residents prior to evictions. Italy was also urged to ensure that in its efforts to manage illegal migration it was complying with its relevant international human rights obligations, and to ensure that its procedures for interdictions at sea of would-be migrants included screening for protection concerns.

BAKIR AHMED AL-JAF (Iraq) said Iraq highly valued the efforts made by Italy to prepare its national report which reflected the desire of the Government to promote human rights. Iraq also valued the re-affirmation that the Italian Government would fully abide by the legislation and laws adopted recently, particularly with regards to security. In conclusion, Iraq wished further progress for Italy in all spheres, particularly in the sphere of human rights.

YUSUF MOHAMED ISMAIL (Somalia) said Somalia was glad to hear that Italy had accepted the vast majority of recommendations and that a detailed and transparent explanation had been given on all of these. Somalia sincerely welcomed the commitment demonstrated by Italy during the review process and looked forward to the implementation of the recommendations it had accepted. Somalia recalled the historic ties between Italy and Somalia and encouraged Italy to continue to devote attention and resources and to contribute to a lasting solution to the deep political and socio-economic crisis which had affected Somalia for so many years.

PHILIPPE DAM, of Human Rights Watch, said Human Rights Watch welcomed the report of Italy, but noted that numerous delegations had expressed concerns about xenophobia, particularly against migrants and minorities including Roma and Sinti. The response of the Italian Government had at best minimized the problem and at worst exacerbated the climate of intolerance. Elected officials, both at the local and national levels, had used inflammatory rhetoric, while policy and legislative action had reinforced a linkage between crime and persons deemed to be “foreigners”.

MAHMOUD REZA GOLSHANPAZHOOH, of Charitable Institute for Protecting Social Victims, in a joint statement with Organization for Defending Victims of Violence, said that reports had appeared over recent years regarding cases of xenophobic and intolerant attitudes as well as acts of discrimination against minorities. Although Italy claimed that the establishment of the National Office for the Elimination of Racial Discrimination and the Committee for the Protection of Foreign Minors alongside its 2006 National Action Plan Against Racism showed its concern in these regards, the Charitable Institute for Protecting Social Victims expressed continued concern about intolerant attitudes toward migrants and minorities and also regarding reported instances of hate speech against foreign nationals, Arabs, Muslims and Roma. The Charitable Institute for Protecting Social Victims also expressed a deep concern about the role of the media in associating Muslims with extremism and terrorism.

SAMUEL DANSETTE, of International Federation of Human Rights Leagues, said there were three areas of concern which had not been addressed or on which the replies of Italy were insufficient. The first area related to the marked increase of racist and discriminatory behaviour against migrants and the Roma and Sinti population, and judicial authorities still failed to prosecute and punish those responsible, although legal instruments were available. On the treatment and refoulement of illegal migrants and asylum seekers, Italýy's reply did not reflect the reality of the widespread practice of pushing back migrants in the high seas. Italy should decriminalise irregular entry to and stay on its territory. The third area of concern was the increasing restrictions to the freedom of expression and the right to information.

CATHERINA BEVILACQUA, of Amnesty International, said many recommendations were made to Italy to take effective measures against racism and to prevent discrimination against migrants, asylum seekers and members of minorities. There was longstanding concern at the numerous forced evictions that had affected and continued to affect the Roma and Sinti communities, and the measures taken so far were inadequate. Italy should ensure the prompt implementation of recommendations to ensure full compliance with international law on these evictions. Amnesty was very disappointed that Italy rejected the recommendation to incorporate into domestic law the crime of torture. Amnesty International also regretted Italýy's rejection of the recommendation to eliminate the provision in law which criminalised the irregular entry to and stay on Italian territory, and urged Italy to amend or withdraw these provisions.

DAVINIA OVETT BONDI, of International Save the Children Alliance, urged the Italian Government to prohibit corporal punishment and other forms of cruel or degrading punishment in all settings. That would ensure that all children enjoyed the same legal protection in accordance with article 19 of the Convention on the Rights of the Child. Save the Children was also concerned that the principle of the benefit of the doubt was not applied in the assessment of a child’s age, and that immigrants who arrived in Italy as children and had not been placed in integration projects for at least two years were not entitled to have their residence permits renewed once adults. Save the Children called upon the Government to introduce legislation for unaccompanied children which adequately safeguarded their rights, in particular with regard to age assessment and the renewal of residence permits when adults.

BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, said Italy was traditionally a host countries for migrants and today saw major difficulties in that regard in spite of its attempts for regulation. Some migrants lived in extremely difficult conditions in Italy; they were over-exploited and worked up to 16 hours with a wage of 25 Euros a day, which was taken away from them by the local mafia. Nevertheless, Italy had contributed to the achievement of the Millennium Development Goals through the promotion of food security and drinking water in many developing countries, including in Africa. Rencontre Africaine pour la defense des Droits de l’Homme requested Italy to establish a favourable framework to rehabilitate victims of human trafficking and to launch a dialogue with border countries to put an end to the distress of migrants.

GEORGE GORDON-LENNOX, of Reporters without Borders - International, said Italy seemed to be drifting with regards to press freedom, separation of media, and press powers including the criminalizing of publication of transcripts from phone wire tapping and restraints on the utilization of cameras. Such attempts to jeopardize freedom of the press meant journalists did not have the capacity to inform the public. In a great conflict of interest, Silvio Berlusconi controlled the three public TV channels and controlled private media groups through his son, which was alarming given that the Gaspari law did away with restriction on media ownership. Mr. Belusconi had manifested hostility against investigative journalism and civil suits against journalists, threats against the press, and the cancellation of political debates on RAI were examples of this hostility. There were many journalists under police protection due to their reports on the mafia, reports that Mr. Belusconi said gave Italy a bad image.

BJORN VAN ROOSENDAHL, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), in a joint statement with Federatie Van Netherlandse Verenigingen Tot Integratie Van Homoseksualiteit - Coc Nederland, said there remained concerns that the legal protection for lesbian, gay, and bisexual persons only existed in the area of employment. Further legal protection from discrimination on the grounds of sexual orientation and gender identity must be developed and implemented. Taking note of an increased level of violence against lesbian, gay, bisexual and transgender people over the last decades, sexual orientation and gender identity also needed to be included in appropriate hate crimes legislation, and training on these grounds should be provided to police and relevant authorities. Public awareness and information campaigns should also be implemented to promote tolerance and respect on these grounds. The International Gay and Lesbian Alliance noted that Italy had made much progress, but felt it was necessary to work on further development of anti-discrimination protection and to actively work on the implementation of such laws.

ATTILLO GOLIMBERTI, of Franciscans International, said Franciscans International welcomed the acceptance by Italy of a significant number of recommendations provided by other States, and appreciated the clarity provided around the recommendations that were partially accepted, and the provision of the reasons behind these decisions. Italy should put in place a follow-up mechanism and continue the dialogue with civil society. Franciscans International regretted that Italy had declined to ratify the International Convention on the Rights of All Migrant Workers, citing that Italian legislation already guaranteed most of the rights contained in the Convention, and because it did not draw any distinction between regular and irregular migrants. Franciscans International acknowledged this position but invited Italy to consider leading a consultation process to review the convention among the members of the European Union.

CAROLA CARAZZONE, of Volontariato Internzionale per lo Sviluppo, said no Italian national human rights institution would take the floor - Italy remained one of the few European countries without any such body, nor an Ombudsperson nor a commission in compliance with the Paris Principles and relevant resolutions of the General Assembly and the Council of Europe. There was deep concern for the continuous delaying of the concrete realization of such a mechanism during the last decade. Italy should consider the establishment of a national human rights institution as a matter of urgency, and should avail itself of the technical advice of the National Institutions Unit of the Office of the High Commissioner for Human Rights, as well as the Council of Europe, in order to take advantage of their expertise with regard to the application of the Paris Principles.

LAURA MIRACHIAN, Permanent Representative of Italy to the United Nations Office at Geneva, in concluding remarks, said the Government recognized that Italy’s situation with regards to migration was not perfect, but that situation was improving as part of an ongoing process. Up to 20 or 30 years ago Italy had been a country of massive emigration and suddenly it had become a country of immigration, giving rise to a number of problems. The Government’s principle in dealing with migrants was to make a distinction between regular and irregular migrants so as to encourage regular migrants and discourage irregular migrants. It was for that reason that Italy was not able to sign the Convention on the Rights of All Migrant Workers and Members of their Families which did not make that distinction. Responding to questions on the main components of Italy’s policies, Ms. Mirachian said the first point was to fight organized crime which had been taking advantage of unfortunate people. Italy had been intensifying that fight and called upon all of its partners to do the same. The second goal was to work with the countries of origin. Those countries were supposed to have the best conditions for development but that was sometimes not the case. The citizens who left the countries were often the country’s best resources which often gave rise to a dangerous brain-drain. Italy’s third line of action was collaboration with transit countries that were also responsible for a more humane treatment of migrants. Ms. Mirachian said Italy was particularly committed to the protection of migrants’ rights and fully recognized their contribution to Italy’s society and economy and aimed for their full integration.

The last available figures were those of 2008 and they showed that the Italian authorities had rescued more than 40,000 people in the sea. However, it was dramatic that not everyone could have been rescued and Italy used common patrol vessels in the Mediterranean Sea to help deal with that problem. As for the Roma communities, that was an important issue that Italy had been trying to deal with. Over the last 10 to 15 years massive groups had arrived and their integration had proven to be difficult. However, episodes of violence against Roma communities had been condemned by all political forces, they were subject to rigorous investigations and the Government was committed to improve that situation. Responding to comments on racism, racial discrimination and xenophobia episodes in Italy, Ms. Mirachian said the Government did not deny that that existed and it was committed to eradicate that phenomenon. With regards to the comment made by Iran on Italy’s non-constructive vote on the events in international waters in front of Gaza, Ms. Mirachian said it had not been easy for Italy to vote against that resolution and there was a long story behind that.

The Council then adopted the outcome of the Universal Periodic Review process of Italy.



For use of information media; not an official record

HRC10/070E