HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW ON DEMOCRATIC REPUBLIC OF CONGO, COTE D'IVOIRE AND PORTUGAL
The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review on the Democratic Republic of the Congo, Côte d'Ivoire and Portugal.
Luzolo Bambi Lessa, Minister of Justice and Human Rights of the Democratic Republic of the Congo, said, respectful of its international obligations, the Government of the Democratic Republic of the Congo had submitted its national report on human rights to the Universal Periodic Review. Many recommendations, 163 in total, were presented by the Working Group following a fruitful interactive dialogue; 124 recommendations were directly adopted by the Democratic Republic of the Congo, and three months later, the Government was honouring its word by coming once more before the Human Rights Council. There were two major aspects: first, to show the determination of the Democratic Republic of the Congo to implement unambiguously the 124 recommendations adopted, the second was the position on the 28 recommendations on which the country had issued reservations, while promising to give appropriate replies at this session.
In the discussion on the Democratic Republic of the Congo, speakers said, among other things, that the collaboration of the Democratic Republic of the Congo with the Council’s mechanisms and the resolve of its authorities to implement the recommendations of the eighth Special Session of the Council testified to that country’s commitment to end the sufferance of vulnerable groups, particularly women and children. The number of recommendations made during the Universal Periodic Review showed not only the importance given by the Human Rights Council to the improvement of the situation of human rights in that country, but also the scale of the challenges that must be met there. The review process had highlighted the noteworthy efforts of the Democratic Republic of the Congo and the progress that country had made, supported by the political will of the Government to continue advancing the promotion and protection of its citizens’ human rights.
Speaking in the discussion on the Universal Periodic Review of the Democratic Republic of the Congo were Algeria, Cuba, United States, China, Senegal, Italy, Belgium, Cameroon and Morocco. Also speaking were the following non-governmental organizations (NGOs): International Federation of Human Rights Leagues, Franciscans International, Action internationale pour la paix et le développement dans la région des Grands Lacs, International Commission of Jurists, Comité International pour le respect et l'application des la Charte Africaine des Droits de l'Homme et des Peuples, Interfaith International, International Volunteerism Organization for Women, Education and Development, International Institute of Mary Our Help of the Salesians of Don Bosco, Canadian HIV/AIDS Legal Network, and Amnesty International.
The Council then adopted the outcome of the Universal Periodic Review on the Democratic Republic of the Congo.
Tia Kone, President of the Supreme Court of the Côte d'Ivoire, said Côte d'Ivoire was resolutely committed to a crisis exit process, helping to bring about the return of the state of law, to combat impunity, and to effectively implement all human rights. The country's initiatives and commitments, already set down in the national report, all bore witness to this resolve. On the 39 recommendations that had been adopted, responses had already been provided to some of them in the national report submitted, however, there was an update on the reaction to these recommendations. There were 20 timely recommendations inviting Côte d'Ivoire to ratify various international instruments, and the crisis the country was now living through really did not allow it, despite good will, to adopt any new international commitments. Côte d'Ivoire's replies and reactions to the recommendations made were based on the resolve to ensure the promotion and defence of human rights.
In the discussion on Côte d'Ivoire, speakers said Côte d’Ivoire was a developing country which was faced with financial and material difficulties, further aggravated by the global crisis. Nonetheless, the Government had implemented plans and programmes aimed to protect the human rights of its people, particularly those of the most vulnerable segments. Such an attitude was proof, if such were needed, that Côte d'Ivoire was determined to continue its efforts that it had chosen to deploy in order to ensure a better enjoyment of human rights and fundamental freedoms for all its citizens. The Council and the United Nations community should provide reinforced technical assistance to Côte d'Ivoire in order to ensure better protection for human rights in the country.
Speaking in the discussion on the Universal Periodic Review of Côte d'Ivoire were Algeria, Cuba, United States, Burkina Faso, Senegal, Cameroon, Botswana, Morocco, Djibouti, Republic of Congo and Central African Republic. Also speaking were the following NGOs: International Federation of Human Rights Leagues, Franciscans International, Interfaith International, Canadian HIV/AIDS Legal Network, Rencontre africaine pour la défense des droits de l'homme, and Action Canada for Population and Development.
The Council then adopted the outcome of the Universal Periodic Review on Côte d'Ivoire.
Francisco Xavier Esteves, Permanent Representative of Portugal to the United Nations Office at Geneva, said 89 recommendations had been formulated, of which Portugal had immediately accepted 71. Those corresponded mostly to areas that Portugal, in the preparation of its national report, had already identified as crucial areas that required further attention. Twenty-one of these recommendations had already been implemented, or were in the process of being implemented. As for the 17 recommendations whose consideration Portugal had deferred to a later stage, Portugal had now accepted almost all of them, bringing the final number of accepted recommendations to 86 out of 89. In fact, all rights of migrants were already protected in Portugal’s legal system, through other international conventions to which Portugal was a party, through the European Union and national law, allowing for an extensive protection of all the rights envisaged by the Convention.
In the discussion on Portugal, among other things, speakers commended Portugal for its continued support of human rights in the country - the Government continued to improve human rights practices and to advance social justice and victims' rights. Speakers also recognized Portugal's commitment to protect and promote human rights in words and spirit, and congratulated Portugal for being recognized by the United Nations as the best country in the area of the provision of support services and immigrants' rights. As a country of origin of migrant workers, Portugal was particularly well placed to understand the suffering and indignity to which migrants were exposed, and it should continue efforts to eliminate all forms of discrimination.
Speaking in the discussion on the Universal Periodic Review of Portugal were Algeria, Iran, United States and Nepal. Also speaking were the following NGOs: Interfaith International, Charitable Institute for Protecting Social Victims, Organization for Defending Victims of Violence, and European Region of the International Lesbian and Gay Federation. The Ombudsman of Portugal also took the floor.
The Council then adopted the outcome of the Universal Periodic Review on Portugal.
The next meeting of the Council will be at 3 p.m. this afternoon, when it will consider the outcomes of the Universal Periodic Review on Bhutan, Dominica, and the Democratic People's Republic of Korea.
Consideration of Outcome of Universal Periodic Review on Democratic Republic of the Congo
LUZOLO BAMBI LESSA, Minister of Justice and Human Rights of the Democratic Republic of the Congo, said, respectful of its international obligations, the Government of the Democratic Republic of the Congo had submitted its national report on human rights to the Universal Periodic Review. Many recommendations, 163 in total, were presented to the Democratic Republic of the Congo following a fruitful interactive dialogue. The Democratic Republic of the Congo directly adopted 124 recommendations, and three months later, the Government was honouring its word by coming once more before the Human Rights Council. There were two major aspects: first, to show the determination of the Democratic Republic of the Congo to implement unambiguously the 124 recommendations adopted, the second was the position on the 28 recommendations on which the country had issued reservations, while promising to give appropriate replies at this session. Apart from the recommendations already being implemented, most of the legislative reforms announced would be dealt with during the Parliamentary session from March to June 2010, or at latest at the session beginning next September.
On the promotion of peace, a fundamental right of the people, the Government had put an end to the Kimia 2 programme, and had launched a new programme to consolidate peace in the east of the country, jointly with the United Nations Mission in the Democratic Republic of the Congo. Other operations were underway in order to restore peace throughout the country. There were three major actions in the combat against sexual violence: the sensibilisation of the population to the issue was continuing; the fight against impunity was continuing; and the National Agency to fight against violence against girls and women had been established. With regard to economic and social rights, the Government had intensified its efforts to ensure adequate access by the population to education, health, and a sufficient standard of living. Remarkable progress had been made in reinsertion of child soldiers into society. A new central prison had been built that applied international detention standards. A zero tolerance policy of impunity within the army and the police force was continuing and intensifying. On the 28 recommendations that the Democratic Republic of the Congo had reservations on, the Government's commitment to collaborate with the Special Procedures meant that there was no need for a standing invitation in their regard. On the recommendations made by the Special Rapporteur on summary and extrajudicial killings, the Government was investigating his allegations. The Government would continue its consideration on implementing a judicial framework for human rights defenders.
IDRISS JAZAIRY (Algeria) said the collaboration of the Democratic Republic of the Congo with the Council’s mechanisms and the resolve of its authorities to implement the recommendations of the eighth Special Session of the Council testified to that country’s commitment to end the sufferance of vulnerable groups, particularly women and children. The Algerian delegation noted with satisfaction that the recommendations it had made had enjoyed the support of the delegation of the Democratic Republic of the Congo. Algeria once again encouraged the authorities of that country to continue consolidating the peace process in the context of a strategy to exit the crisis.
RESFEL PINO ALVAREZ (Cuba) highlighted the spirit of cooperation with which the Democratic Republic of the Congo had dealt with this Universal Periodic Review process. The situation in that country continued to be complex and tricky, as described in the national report. Nevertheless, the review process had highlighted the noteworthy efforts of the Democratic Republic of the Congo and the progress that country had made, supported by the political will of the Government to continue advancing the promotion and protection of its citizens’ human rights. The root causes of the current conflict situation and instability lay in the country’s colonial past, in the artificial divisions imposed on Africa, and in the structural poverty resulting from centuries of exploitation. Cuba urged the international community, in particular developed countries, to redouble their economic cooperation with the Democratic Republic of the Congo.
BRIAN BAUER (United States) said the United States commended the Democratic Republic of the Congo’s current efforts to establish a National Human Rights Commission. It also welcomed the adoption of national strategies and policies to support human rights. The United States commended the Democratic Republic of the Congo for accepting several recommendations. The United States noted the Democratic Republic of the Congo’s reaffirmation and its will to cooperate with the International Criminal Court. It remained concerned about justice and impunity. The United States strongly supported several recommendations on key topics to which the Government had promised to respond to ‘in due time’. Those included taking urgent steps to improve conditions for prisoners and denouncing attacks on human rights defenders and adopting a law and a framework in that regard.
HOU YANPING (China) said China was pleased to note that the Democratic Republic of the Congo had attached great importance to the Universal Periodic Review process. It had also shown a will to enhance human rights through a range of measures. China understood the difficulties faced by the Democratic Republic of the Congo in that regard, mainly due to protracted conflict and poverty in the country.
BABACAR CARLOS MBAYE (Senegal) said the number of recommendations made during the Universal Periodic Review showed not only the importance given by the Human Rights Council to the improvement of the situation of human rights in that country, but also the scale of the challenges that must be met there. These challenges could not be met only by the Government and thus the international community should invest generously in this noble fight by providing the country with required technical assistance. To support and implement this assistance, it was necessary to be attentive to the needs that would be expressed by the Democratic Republic of the Congo in the context of the follow-up to the review process.
ROBERTO VELLANO (Italy) said out of the 124 recommendations accepted by the country, about half were seen as being already implemented or in the process of being implemented. However, particularly in the context of the recommendations on the rights of the child, a lot of forms of discrimination continued, and a large number of children, in particular street children, were faced with exploitation and abuse, including sexual abuse. The Government of the Democratic Republic of the Congo should take increasingly effective measures to combat these phenomena, and adopt legislation to combat accusations of witchcraft made against children, which would increase the protection of this group and ensure that they were properly integrated and rehabilitated into society.
XAVIER BAERT (Belgium) said the fact that the authorities of the Democratic Republic of the Congo had already accepted in the Working Group 124 of the 163 recommendations that had been put to it testified of its resolve to be committed to enhance the protection of human rights. Among those recommendations were notably three recommendations of the Belgian delegation, relating to the fight against sexual violence, the protection of “witch” children and the protection of human rights defenders. Belgium thanked the authorities of the Democratic Republic of the Congo for having accepted those.
ANATOLE NKOU (Cameroon) said Cameroon welcomed the efforts made by the Democratic Republic of the Congo to promote and protect human rights. The Cameroonian delegation commended the Democratic Republic of the Congo on its acceptance of 124 recommendations made by Member States in the interactive dialogue and encouraged President Kabila to implement all recommendations. Also, Cameroon urged the Council and the international community to ensure that heightened technical assistance was provided to the Democratic Republic of the Congo in order to better protect human rights in that country. The Cameroonian delegation recommended that the Council adopt the outcome of the Universal Periodic Review Working Group on the Democratic Republic of the Congo.
OMAR HILALE (Morocco) said Morocco welcomed the Democratic Republic of the Congo’s commitment to the Universal Periodic Review process. Its acceptance of a great majority of the recommendations was also noteworthy. Its spirit of an open dialogue was a sign of its commitment to ensuring human rights for Congolese citizens. Morocco thanked the Democratic Republic of the Congo’s delegation for accepting two of its recommendations, one on national human rights institutions and the other on education, particularly training in human rights.
LUC-JOSEPH OKIO (Republic of the Congo) sincerely congratulated the Democratic Republic of the Congo for its efforts during the Universal Periodic Review process. Its efforts for human rights protection and promotion were praiseworthy, given the conflict context. The Republic of the Congo encouraged the Democratic Republic of the Congo to defend its human rights defenders mechanisms.
JULIE GROMELLON, of International Federation of Human Rights Leagues, said the International Federation of Human Rights Leagues welcomed the efforts made to combat sexual violence and to reform the security services in the Democratic Republic of the Congo. However, it was surprising that the Democratic Republic of the Congo said it had already implemented the recommendations on ensuring a better protection of human rights defenders, despite numerous reports of a rise in arbitrary arrests, harassment and intimidation against the latter. The Government had an obligation to cooperate with the International Criminal Court. It was also regrettable that it had rejected a recommendation on the establishment of a control mechanism to refuse admittance to the security forces of those guilty of grave human rights violations. The voluntary recommendations should be implemented, as well as obligations under international law.
YAO AGBETSE, of Franciscans International, said in the light of resolution 5/1 of the Human Rights Council providing that recommendations should be implemented by the relevant State, more than 60 non-governmental organizations (NGOs) exhorted the Democratic Republic of the Congo to establish favourable conditions for the implementation of the recommendations made during the Universal Periodic Review. As for the recommendations that the Government said were already implemented, the authorities were very slow to carry through legislation to abolish discrimination against women, establishing justice, and the NGOs were disturbed that some recommendations were neither adopted nor rejected. The mass participation in the Universal Periodic Review showed how concerned the international community was about the situation of the Democratic Republic of the Congo, and the Council should thus establish particular follow-up measures for the country.
MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said violence against the population continued in the east of the Democratic Republic of the Congo. Action Internationale pour la Paix et le Développement dans la Region des Grand Lacs underscored that many lives were lost day in and day out. Also, the organization regretted that the normalization of the relationship between France and Rwanda had been made at the cost of not investigating the role of Rwanda in the destabilization of the Great Lake region.
LUKAS MACHON, of International Commission of Jurists, said armed groups in the Democratic Republic of the Congo had been involved in gross human rights violations, including rape and summary executions. The International Commission of Jurists welcomed the Government’s commitment to collaborate with the International Criminal Court but regretted that it had explicitly rejected the recommendation on the arrest and transfer of Mr. Ntaganda to the Court. Impunity was fostered by numerous challenges, such as interference with the legal system, the organization said, also underscoring that victims had scant access to reparation. The International Commission of Jurists called on the Human Rights Council to establish a country mandate to help the Government address these problems and challenges and others.
MALUZA WASILUANDIO, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said that the Comité International spoke on behalf of the eight million Congolese dead, whose memory was being quelled. It called for the rejection of the report. The Human Rights Council needed to remain credible and coherent. The targeted murders of religious workers, human rights defenders, journalists and the recruitment of child soldiers were being carried on in full impunity and in a climate of terror. The disturbing complacency of the Government highlighted the more evident collision between Rwanda and President Joseph Kabila. He had continued blood-thirsty crimes that Leopold had started.
BIRO DIAWARA, of Interfaith International, noted that, in the words of Victor Hugo, keeping silent about crime meant that one was taking part in a crime. Poorer parts of the Democratic Republic of the Congo had been and continued to be sources of human rights violations since the country’s independence. Interfaith encouraged the Democratic Republic of the Congo to combat this culture of impunity, to put an end to rape and to take appropriate measures to build transparency and good husbandry of the Democratic Republic of the Congo’s mining sources.
PASTORE LORENZA, of International Volunteerism Organization for Women, Education and Development, noted that among the list of recommendations that continued to be under implementation in the Democratic Republic of the Congo, the measures taken by the Government to meet the economic and sexual exploitation of children and those to put an end to the impunity of those guilty of sexual offences against children were still inadequate. There were still serious situations of economic and sexual exploitation of children continuing, despite the measures taken, with children working in mines, which were also a place for the economic and sexual exploitation of young girls. Efforts had been made, but the Government should commit itself to eliminating all forms of exploitation of children, and to end impunity.
MARIA D'ONOFRIO, of International Institute of Mary Our Help of the Salesians of Don Bosco, said there was grave violation of the Convention on the Rights of the Child in the Democratic Republic of the Congo, in particular due to the extreme poverty that stopped children from enjoying their rights and made worse the vulnerability of certain groups of children, in particular street children and children accused of witchcraft. Despite the efforts made by the Government, there was an increase of the number of street children, among which children accused of witchcraft suffered the worst treatment. As for the right to education, the figures were weak, in particular for girls and rural children - the Government should ensure that schooling was indeed free of charge.
ROWLAND JIDE MACAULAY, of Canadian HIV/Aids Legal Network, in a joint statement with European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), said the criminal prohibitions on sexual activity against “morals” and “family life” in the Penal Code of the Democratic Republic of the Congo could be used to criminalize sexual activity between consenting adults. While appreciating the sensitivity of the issue, the organizations reminded the Government that its primary obligation was to respect international law. They therefore urged the Government to implement the recommendations of Member States and to take action to ensure that the Penal Code was not applied to criminalize homosexual activity between consenting adults, and to bring the Penal Code in line with the provisions of the International Covenant on Civil and Political Rights.
CLAIRE MORCLETTE, of Amnesty International, said Amnesty International welcomed the support by the Democratic Republic of the Congo of eight recommendations aimed at improving the safety and right to freedom of expression of human rights defenders. Amnesty International hoped that those recommendations would be given priority in the Government’s action plan. The issue of arbitrary and incommunicado detention by security services and the army had not received sufficient attention in the Universal Periodic Review process, Amnesty International said, and urged the Government to uphold the recommendation to set up a task force to combat arbitrary detention and to seek ways of improving the situation of prisoners.
LUZOLO BAMBI LESSA, Minister of Justice and Human Rights of the Democratic Republic of the Congo, reassured the Council that of the 124 recommendations accepted, apart from some that were being implemented, others would certainly be bolstered and implemented. The Government found that a standing invitation to Special Procedures was something of an exaggeration. In its opinion, visits by Special Procedures could only be set up at the request of the country concerned. Nonetheless, the Democratic Republic of the Congo reassured all countries that sexual violence and violence against children were of great concern to the Government. It also solemnly reminded them that the Head of State of the Democratic Republic of the Congo was combating impunity. He had clearly stated that by invocating human rights, democracy and transparency a few years ago. The Democratic Republic of the Congo thanked all those who had taken the floor. The Government would accept any supervision and support that would ensure that human rights could be even better protected.
The Council then adopted the outcome of the Universal Periodic Review process for the Democratic Republic of the Congo.
Consideration of Outcome of Universal Periodic Review on Côte d’Ivoire
TIA KONE, President of the Supreme Court of Côte d'Ivoire, said the human rights situation in Côte d'Ivoire was considered on 3 December last year in the Universal Periodic Review Working Group, at which time the Working Group analysed the human rights situation, and considered its compliance with the ensuing commitments. When the provisional report following that analysis was adopted, Côte d'Ivoire held its response to 39 recommendations, and had since been considered these attentively. Côte d'Ivoire was resolutely committed to a crisis exit process, helping to bring about the return of the state of law, to combat impunity, and to effectively implement all human rights. The country's initiatives and commitments, already set down in the national report, all bore witness to this resolve. On these 39 recommendations, responses had already been provided to some of them in the national report submitted, however, there was an update on the reaction to these recommendations. There were 20 timely recommendations inviting the Côte d'Ivoire to ratify various international instruments, and the crisis the country was now living through really did not allow it, despite good will, to adopt any new international commitments.
Côte d'Ivoire held the Special Procedures system dearly, and, whilst being ready to study any request for a visit from mandate holders, wished to consider requests for visits on a case-by-case basis. On sexual violence, the report of the Working Group recalled the measures taken to respond and react to the many challenges in the field of gender equality, and a Directorate had been established within a Ministerial Department to reduce inequality between men and women in all areas. A National Action Plan had also been adopted to implement Security Council resolution 1325/2000 on sexual violence. On gender and sexual orientation, Côte d'Ivoire did not criminalise sexual relations between consenting adults of the same sex. On judicial matters and impunity, the Government had undertaken many steps to build capacity for those working in the field of justice, and remained open to any form of technical or financial cooperation assistance from the international community that could help with the diversification and spreading of these measures in order to increase their impact. Education was a constitutional right, and everything would be done to ensure that it was a mandatory principle. To conclude, the Human Rights Council should know that Côte d'Ivoire's replies and reactions to the recommendations made were based on the resolve to ensure the promotion and defence of human rights, underscoring the country's attachment to success and to the continuation of the Universal Periodic Review mechanism, to which it attached the greatest importance, and the Côte d'Ivoire would return to the Council once the crisis was over.
IDRISS JAZAIRY (Algeria) said Algeria supported the efforts made by the Government of Côte d’Ivoire to overcome the difficult situation that country had been in for several years, as well as its efforts to achieve national reconciliation and restore the State’s authority with a view to organize free and credible elections on the whole territory. The Algerian delegation further commended that Côte d’Ivoire had accepted the majority of recommendations resulting from the Universal Periodic Review which testified of that country’s commitment to work towards national reconciliation in the context of a strategy that was adapted to its particular circumstances.
PABLO BERTI OLIVA (Cuba) commended the Government of Côte d’Ivoire for having accepted many recommendations, including those of Cuba relating to the access of its citizens to health and the protection of childhood, especially combating trafficking and exploitation of minors. Côte d’Ivoire was a developing country which was faced with financial and material difficulties, further aggravated by the global crisis. Nonetheless, the Government had implemented plans and programmes aimed to protect the human rights of its people, particularly those of the most vulnerable segments. Cuba urged the Government to continue to promote and protect the human rights of its citizens.
BRIAN BAUER (United States) said the United States commended Côte d’Ivoire for its engagement with the Universal Periodic Review. Despite Côte d’Ivoire’s efforts to deal with sexual violence, that problem was still widespread and continued with impunity in the west and north of the country. The United States also commended Côte d’Ivoire for affirming its will to take further steps in achieving national reconciliation. While remaining concerned about the prevalence of arbitrary detentions and the condition of detention facilities, the United States commended the country’s decision to combat that through, among other things, better judicial oversight of its security forces. The United States appreciated Côte d’Ivoire’s efforts to combat the worst forms of child labour. In that regard, it reiterated the importance of eliminating the worst forms of child labour in Côte d’Ivoire.
CLARISSA MERINDOL OUOBA (Burkina Faso) said Burkina Faso reiterated its sincere congratulations to Côte d’Ivoire for having presented its report before the Working Group of the Universal Periodic Review in December 2009. In particular, Burkina Faso thanked Côte d’Ivoire for its frank reply to concerns addressed to it by some countries. For its part, Burkina Faso was ready to work together with Côte d’ Ivoire. It congratulated the delegation in Geneva for various projects it had initiated in the Council. Burkina Faso recommended that the report on Côte d’Ivoire be adopted.
BABACAR CARLOS MBAYE (Senegal) said Senegal was pleased to note that Côte d'Ivoire had given a favourable welcome to the majority of the recommendations made, and that it had accepted the recommendations on the promotion of human rights education and training, as well as those on the protection of the rights of women and children. Such an attitude was proof, if such was needed, that Côte d'Ivoire was determined to continue its efforts that it had chosen to deploy in order to ensure a better enjoyment of human rights and fundamental freedoms for all its citizens. The international community should give the country all possible support.
ANATOLE NKOU (Cameroon) said Cameroon saluted the efforts made in the field of the protection and promotion of human rights in Côte d’Ivoire, in particular with regard to the focus on maternal mortality, vaccination coverage, and the fight against malaria and HIV/AIDS, as well as the importance given to the social development of children, in particular the fight against trafficking and exploitation of children, and all this despite a difficult context marked by a decade of political and military crises. The good cooperation between Côte d'Ivoire and UNICEF was particularly welcome. Côte d'Ivoire was congratulated for having accepted 108 recommendations formulated during the interactive dialogue, and the implementation of several of them already. The Government was encouraged to implement all these recommendations. The Council and the United Nations community should provide reinforced technical assistance to Côte d'Ivoire in order to ensure better protection for human rights in the country.
Mr. O. RHEE HETANANG (Botswana) welcomed the openness and comprehensive responses of the Government of Côte d’Ivoire during this important occasion. Côte d’Ivoire had demonstrated its commitment to a constructive engagement in the field of human rights over the years, and that was further amplified by Côte d’Ivoire’s cooperation during the Universal Periodic Review process of the Council. Botswana encouraged the international community to continue its support and cooperation with the Government of Côte d’Ivoire in its efforts to afford its peoples and other nationals the full enjoyment of all human rights and fundamental freedoms.
OMAR HILALE (Morocco) commended the formation of a new Government in Côte d’Ivoire in keeping with the Ouagadougou Declaration and the efforts of that Government to organize free and transparent elections. The implementation of the recommendations that Côte d’Ivoire had accepted required financial and technical support to enable it to follow-up this examination and improve its human rights situation. Reiterating the recommendation it had made earlier, the Moroccan delegation underscored that that assistance must be done in consultation with and with the agreement of the Government of Côte d’Ivoire.
AHMED MOHAMED ABROJ (Djibouti) said Djibouti welcomed Côte d’Ivoire’s presence. Djibouti welcomed efforts by the Government of Côte d’Ivoire to promote and protect human rights despite the difficult socio-economic situation in the country. It called on the international community to support Côte d’Ivoire’s efforts in implementing the recommendations.
LUC-JOSEPH OKIO (Republic of the Congo) said the Republic of the Congo congratulated Côte d’Ivoire for its follow up to recommendations made in the Universal Periodic Review. Côte d’Ivoire had shown its resolve to realize fundamental human rights. Substantial action had been undertaken to improve the situation of human rights in Côte d’Ivoire. The Republic of the Congo also noted an improvement in social and economic indices in the country.
LEOPOLD ISMAEL SAMBA (Central African Republic) said the Central African Republic would like to reaffirm its great appreciation for the efforts made so far to put an end to the recurring troubles which had shaken Côte d’Ivoire. Côte d’Ivoire’s reaction should be used as an example. No externally-imposed recipe could solve internal problems, and thus the Central African Republic was convinced that African wisdom would allow Côte d'Ivoire to get out of its rut. All parties in Côte d'Ivoire should work together to build peace and national reconciliation, without which peace remained an empty word, and to ensure that Côte d'Ivoire regained its true place in the international community.
JULIE GROMELLON, of International Federation for Human Rights Leagues, said the International Federation for Human Rights Leagues welcomed the acceptance of the Government of Côte d’Ivoire of the recommendation to work with all persons implicated, including civil society, to solve the problem of the spilling of toxic wastes, and yet remained concerned about the distribution of the indemnities for 31,000 victims of the spilling of toxic waste by the Probo Koala ship. The commitments made by the Government on improving the conditions of detention in prisons by separating minors from adults and women from men were noted. However, there were concerns for such issues as the refusal to ratify the Optional Protocol of the Convention on the Elimination of Discrimination against Women, among others, and the Government should abrogate all discriminatory articles in the Civil Code in this regard.
YAO AGBETSE, of Franciscans International, said the situation of human rights defenders in Côte d’Ivoire should be given particular attention and objective investigations should be conducted to bring to justice perpetrators of crimes against human rights defenders and journalists. Franciscans International also observed that the crisis in Côte d’Ivoire had destabilized the educational system since 2002 but that primary education should nevertheless be available free of charge. Franciscans International also urged the Government of Côte d’Ivoire to give further support to the World Programme for Human Rights Education.
BIRO DIAWARA, of Interfaith International, said the political and military crisis had caused many development and human rights challenges. Despite announcements made by the delegation of Côte d’Ivoire of free and transparent elections in this very room, such elections had been postponed for six times. Interfaith International took note of the recommendations of the United Kingdom, Germany, India, and other countries, and underscored that the effective implementation of those recommendations would contribute to qualitative and quantitative improvements of the human rights situation in Côte d’Ivoire. Interfaith International wished Côte d’Ivoire every success in its return to peace and stability.
ROWLAND JIDE MACAULAY, of Canadian HIV/Aids Legal Network, in a joint statement with European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), noted that the Government of Côte d’Ivoire had agreed to take action to ensure that no one faced discrimination, including on grounds of sexual orientation or gender identity. While not considering same sex relations between consenting adults to be criminal, the Government had nonetheless indicated that awareness raising programmes on such grounds were not a current priority. Still, the Network expressed its will to work with the Government to implement initiatives to achieve non-discrimination on grounds of sexual orientation and gender identity.
RAMADAN ARIFI, of Rencontre africaine pour la défense des droits de l'homme, welcomed the presence of the delegation of Côte d’Ivoire. The organization had closely followed the human rights situation in Côte d’Ivoire. It welcomed the signing of the peace agreement. Still, there had been widespread violations of human rights by different armed groups during the war. It considered that adopting the recommendations of the Universal Periodic Review would shed light on such crimes. It also called on the Government to combat a culture of impunity, to improve the situation in prisons and to have free and fair elections in the shortest possible time.
SANDEEP PRASAD., Action Canada for Population and Development, said from the outset, Action Canada for Population and Development wished to express its satisfaction with the recommendations made during the Universal Periodic Review which received the support of the Government of Côte d’Ivoire, as well as those which had already been implemented, and those which were in the process of being implemented, particularly those on the rights of women. The Government of Côte d’Ivoire should ensure the provision of free medical assistance to women victims of violence, and should set up a National Plan for reproductive health for women and young girls. The measures taken to put a halt to female genital mutilation and its devastating effects should include punishment for such acts as well as sensitisation campaigns. While taking note of the fact that an awareness of sexual identity and gender problems were not a priority for the Government and that it did not condemn sexual relations between members of the same sex, it should reconsider its position on recommendation 28 and take at least some measures to punish acts against those belonging to sexual minorities.
TIA KONE, President of the Supreme Court of Côte d'Ivoire, said in connection with treaty ratification, Côte d’Ivoire needed more time to consider these treaties and to make Constitutional changes before it could ratify them. As to what was termed the "Ivoirian identity syndrome", which apparently still prevailed, there was no real identity crisis or syndrome. The latest measures taken on electoral rolls did not concern the withdrawal of persons with Ivoirian nationality from these rolls, but the withdrawal of those without Ivoirian names from the rolls, and this had created some complications and had led to a postponement of the ballot due to the need to clear up the list first and the need for a transparent list be submitted finally of those who were truly allowed to vote. Côte d'Ivoire took the issue of toxic waste to heart, and punitive measures had been implemented against those guilty of the spilling of toxic waste, and, with regard to damages, Côte d'Ivoire had initiated proceedings in this regard.
The Council then adopted the outcome of the review of the Universal Periodic Review on Côte d'Ivoire.
Consideration of Outcome of Universal Periodic Review on Portugal
FRANCISCO XAVIER ESTEVES, Permanent Representative of Portugal to the United Nations Office at Geneva, said Portugal had voluntarily committed to establish a National Human Rights Commission. That would be an inter-ministerial body with the competence to coordinate the implementation at the national level of all of Portugal’s international human rights obligations and voluntary commitments. It would ensure not only the follow-up to the Universal Periodic Review process, but also the timely and adequate reporting to all international human rights bodies, and ensure the translation of Portugal’s international commitments into obligations at the national level leading to legislation and the set up of concrete policies and plans. The institutional set up of that Commission was approved by Portugal’s Council of Ministers today. Turning to the recommendations in the context of the Universal Periodic Review, Mr. Xavier Esteves said 89 recommendations had been formulated, of which Portugal had immediately accepted 71. Those corresponded mostly to areas that Portugal, in the preparation of its national report, had already identified as crucial areas that required further attention. Twenty-one of these recommendations had already been implemented, or were in the process of being implemented. As for the 17 recommendations whose consideration Portugal had deferred to a later stage, Portugal had now accepted almost all of them, bringing the final number of accepted recommendations to 86 out of 89.
Explaining the reasons for rejecting three recommendations, Mr. Xavier Esteves said, regarding to the recommendation to sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Their Families, by rejecting that recommendation Portugal did not mean to imply that the protection of the rights of migrants was not fundamental. In fact, all rights of migrants were already protected in Portugal’s legal system, through other international conventions to which Portugal was a party, through European Union and national law, allowing for an extensive protection of all the rights envisaged by the Convention. Portugal had also rejected the recommendation to develop a national human rights plan in accordance with the Vienna Declaration because it considered that Portugal could not prejudge the work that would be carried out by its National Human Rights Commission, which was about to begin its work. Nevertheless, that recommendation was one of the issues on the top agenda of the new Commission, and Portugal would later inform the Council on the results of its deliberations. Portugal had also rejected the recommendation to incorporate representatives of ethnic minorities in the security forces because the Portuguese Constitution established the Principle of Equality as one of the Fundamental Principles guiding the Public Administration. This principle was therefore fully applied through a horizontal and legally binding approach, encompassing the recruitment and classification of law enforcement officers.
AHMED SAADI (Algeria) said Algeria thanked Portugal for its presentation and applauded the fact that it had accepted 71 out of 89 recommendations. Algeria was pleased that Portugal had accepted one of its recommendations in favour of taking additional measures in the areas of housing, employment, education and access to social services for all segments of society. As a country of origin of migrant workers, Portugal was particularly well placed to understand the suffering and indignity to which migrants were exposed. Nonetheless, Algeria was saddened that Portugal had not accepted the recommendation to adhere to a core human rights instrument, the International Convention on the Protection of the Rights of All Migrant Workers and Their Families.
MOJTABA ALIBABAIE (Iran) said Iran appreciated Portugal’s positive approach in accepting most of the recommendations made by Iran during the Universal Periodic Review session. Iran aligned itself with recommendations made during the interactive dialogue on the need to strengthen measures to prevent the disproportionate use of force by the police and security forces against ethnic minorities. Iran encouraged Portugal to continue efforts to eliminate all forms of discrimination. Iran also sought an update on measures to improve the condition of prisons and detention centres. Finally, Iran encouraged Portugal to update the Council with information on the Government’s policies to combat trafficking in persons for the purpose of forced labour and sexual exploitation.
NASREEN BUDAT (United States) said the United States would like to commend Portugal for its continued support of human rights in the country - the Government continued to improve human rights practices and to advance social justice and victims' rights. The United States was pleased to learn that all prisoners had access to sanitary installations at all time, that alternative sentencing programmes had been used to avoid imprisonment, and that few allegations of prisoner abuse were recognized by the European Committee for the Prevention of Torture. The United States looked forward to responses to its previous recommendations regarding implementation of the 2004 guidelines and reforms for the prison system and the Ministry of Labour's efforts to prevent child labour.
HARI PRASAD ODARI (Nepal) said Nepal recognized Portugal's commitment to protect and promote human rights in words and spirit, and congratulated Portugal for being recognized by the United Nations as the best country in the area of the provision of support services and immigrants' rights. Nepal had noted with appreciation that the existing asylum law had enshrined the fundamental rights of immigrants and protected the interests of asylum seekers in Portugal. Nepal also appreciated various measures adopted by Portugal to curb violent crimes, domestic violence and trafficking in human beings, and applauded Portugal's efforts to promote gender equality and encourage women's entrepreneurship.
ADRIANA BARREIROS, of Ombudsman of Portugal, commended the Portuguese Government for accepting a significant number of recommendations. In relation to these recommendations, the Portuguese Ombudsman encouraged the Government to pursue ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to establish a national preventive mechanism accordingly. The Ombudsman also encouraged the continuation of efforts to strengthen the protection of vulnerable groups. That included children and women who were victims of violence and lived in poverty or who were otherwise at risk of social exclusion. Also, the Ombudsman would continue to take note of the Government’s efforts to provide assistance to and ensure full integration of immigrants in Portugal.
BIRO DIAWARA, of Interfaith International, in a joint statement with Al-Hakim Foundation, said Portugal’s acceptance of most of the recommendations made by the Universal Periodic Review showed that country’s openness towards the mechanisms of the Council. Portugal was a country that had made a historic contribution to expediting the process of globalization through its great scientists and travelers. It was also one of the few countries in the European Union to have provided special and specific treatment for nationals from its former colonies in terms of their administrative regularization. Portugal could well serve as a model for other countries in that field, Interfaith International underscored. However, it urged Portugal to combat domestic violence and to take appropriate measures to punish those responsible for such acts. Also, it encouraged Portugal to set up a programme to educate its citizens on the rights and obligations they had towards migrants living on their territory.
MARYAM SAFARI, of Charitable Institute for Protecting Social Victims, in a joint statement with Institute for Women Studies and Research and Islamic Women's Institute of Iran, said while commending the efforts of Portugal to promote and improve gender equality and to combat violence against women, the Charitable Institute for Protecting Social Victims drew attention to countless cases of violence against women. Domestic violence remained an ongoing concern in Portuguese society. The organization believed that a reduction of such cases and an improvement of that situation must be a main priority of the Government’s plan. In addition, it also called upon the Government to foresee and create mechanisms for the elimination of racism, racial discrimination and to fight it in all its forms.
OMEH LEILA ENAYATI, of Organization for Defending Victims of Violence, in a joint statement with Iranian Elite Research Center, in a joint statement with Iranian Elite Research Center, said in the process of reviewing the situation of human rights in Portugal, two key issues which constituted most of the recommendations by States parties were the situation of minorities and some aspects of discrimination against them, especially the Roma community, and concern about domestic violence. Portugal should, besides intensifying its efforts to create a culture of tolerance in the country, improve efforts to strengthen programmes, projects and other measures to prevent discrimination against vulnerable groups, including Roma women, asylum-seekers and migrants. The Government should also consider strengthening efforts to combat violence against women, including domestic violence and trafficking in persons, especially women and children.
BJORN VAN ROOSENDAAL, of European Region of the International Lesbian and Gay Association, in a joint statement with Federatie Van Netherlandse Verenigingen Tot Integratie Van Homoseksualiteit COC Nederland, said Portugal should specifically inform the Human Rights Council about what measures were proposed to implement the commitment to provide police, prison and judicial staff with human rights training, and include civil society organizations in the development, execution and evaluation of such measures. Portugal should include discrimination on the basis of sexual orientation and gender identity in its broader human rights and awareness raising activities, and should include gender identity explicitly as a ground in anti-discrimination legislation. Portugal should share its best practices in the field of training for judges on equality, explicitly including sexual orientation.
FRANCISCO XAVIER ESTEVES, Permanent Representative of Portugal to the United Nations Office at Geneva, in concluding remarks, said this exercise had been a challenge for Portugal but one it had embraced as an opportunity to take stock of what had been accomplished and the challenges that lay ahead. The Universal Periodic Review exercise demanded an enormous effort of work and coordination but it was definitely worth it for what was achieved in the end: a valuable roadmap to keep improving human rights, nationally and internationally. The preparation allowed for identification of areas where progress had been accomplished and others where improvements could still be achieved, thus representing an added value in the identification of current and future priorities in the field of human rights at the national level. Mr. Xavier Esteves thanked all who participated in its Universal Periodic Review, particularly the troika and the Office of the High Commissioner for Human Rights, for their tireless efforts during the process.
The Council then adopted the outcome of the Universal Periodic Review process on Portugal.
For use of the information media; not an official record
HRC10/036E