HUMAN RIGHTS COUNCIL ADOPTS UNIVERSAL PERIODIC REVIEW OUTCOME OF SAO TOME AND PRINCIPE

The Human Rights Council, at its midday meeting, adopted the Universal Periodic Review outcome of Sao Tome and Principe and held a general debate on the Universal Periodic Review mechanism. It also concluded the general debate on human rights bodies and mechanisms.

The consideration of the Universal Periodic Review outcome of Sao Tome and Principe was conducted in the absence of a delegation.

Speakers noted with satisfaction that Sao Tome and Principe had accepted most recommendations. They commended Sao Tome and Principe for its encouraging improvements in areas of economic and social reforms, and welcomed efforts taken to improve the rights of the child and to promote gender equality. They also appreciated efforts to further the rights of persons with disabilities, address climate change and work on improving the right to education. One speaker regretted legal gaps that still allowed corporal punishment in the school system.

Speaking on the Universal Periodic Review consideration of Sao Tome and Principe were Ethiopia, Gabon, Maldives, Nigeria, Pakistan, Sierra Leone, Togo, Venezuela, Angola, Brazil, Chad, Republic of Congo and Cuba, as well as the United Nations Children Fund.

Commission to Study the Organization of Peace and Rencontre Africaine pour la Défense des Droits de l’Homme also spoke.

The Council then held a general debate on the Universal Periodic Review, during which speakers expressed their support for the Universal Periodic Review, which after two cycles was considered the most effective United Nations mechanism for the promotion and protection of human rights. Speakers particularly appreciated its universal and constructive approach, called for strengthened efforts to implement recommendations, and highlighted the importance of mid-term reports and capacity building in that regard. Views differed regarding the need for reviewing the mechanism. Speakers from non-governmental organizations referred to the implementation of Universal Periodic Review recommendations by specific countries.

Speaking during the general debate on the Universal Periodic Review were Netherlands on behalf of the European Union, South Africa on behalf of the African Group, Kuwait on behalf of the Arab Group, Pakistan on behalf of the Like-Minded Group, Ghana, Morocco, Namibia, Maldives, Venezuela, Georgia, China, Indonesia, Iran, Saint Vincent and the Grenadines, and Sao Tome and Principe.

Also speaking were the following non-governmental organizations: International Bar Association, UPR Info, FIDH, International Service for Human Rights, Colombian Commission of Jurists, Khiam Rehabilitation Centre for Victims of Torture, United Nations Watch, Americans for Democracy and Human Rights in Bahrain Inc, Alsalam Foundation, Iraqi Development Organization, International Educational Development, World Environment and Resources Council, Arab Commission for Human Rights, Indian Council of South America, Global Network for Rights and Development, Rencontre Africaine pour Latin America defense des droits de l’homme, Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil, Humanist Institute for Co-operation with Developing Countries, Centre for Human Rights and Peace Advocacy, Liberation, Prahar, World Barua Organization, Foodfirst Information and Action Network, Centre for Environmental and Management Studies, and African Regional Agricultural Credit Association.

Honduras spoke in a right of reply.

Also during the meeting, the Council concluded its general debate on human rights bodies and mechanisms, hearing representatives of non-governmental organizations stressing the importance of cooperation with Special Procedures and raising specific human rights concerns in a number of countries. The general debate started on Wednesday, 16 March and a summary can be read here.

Speaking during the general debate on human rights bodies and mechanisms were Indian Council of South America, Liberation, Arab Commission for Human Rights, CIVICUS, Africa Culture Internationale, Prahar, Fundación Latinoamericana por los derechos humanos y desarollo social, and International Association for Democracy in Africa.

The Human Rights Council will resume its work at 3 p.m., to hold a debate on the state of racial discrimination worldwide.

Consideration of Outcome of Universal Periodic Review of Sao Tome and Principe

The Council has before it the report of the Working Group on the Universal Periodic Review – Sao Tome and Principe (A/HRC/31/17).

The consideration of the Universal Periodic Review report of Sao Tome and Principe was conducted in the absence of a delegation.

Ethiopia commended Sao Tome and Principe for its encouraging improvement in areas of economic and social reforms, which indicated its efforts in promoting and protecting the human rights of its people.

Gabon was particularly pleased about the efforts taken to improve the rights of the child and to promote gender equality. The full cooperation of Sao Tome and Principe with human rights bodies and mechanisms was welcomed.

Maldives appreciated the commitment of Sao Tome and Principe to further the rights of persons with disabilities, address climate change and work on improving the right to education.

Nigeria appreciated Sao Tome and Principe’s acceptance of the majority of recommendations, including those made by Nigeria, which would go a long way toward promoting and protecting human rights in the country.

Pakistan said that despite its status as a small island developing State, Sao Tome and Principe had made commendable progress for the promotion and protection of human rights, and recommended the adoption of the Universal Periodic Review outcome report.

Sierra Leone applauded the country’s intention to ratify some international conventions, and also encouraged the country to raise the age of marriage to 18.

Togo commended Sao Tome and Principe for having accepted recommendations related to the ratification of the Optional Protocols to the Convention on the Rights of the Child, and called on the international community to support the country in the implementation of the recommendations that it had accepted.

United Nations Children Fund said there was a need for a specialized, independent and multi-sectoral body to monitor respect for the rights of children, and noted Sao Tome and Principe’s adoption of a new curriculum for early education.

Venezuela welcomed Sao Tome and Principe’s cooperation with the Universal Periodic Review, its ratification of international human rights instruments, and its efforts towards establishing a national human rights institution.

Angola noted with satisfaction that Sao Tome and Principe had accepted most recommendations. It commended Sao Tome and Principe for strengthening its judicial system, and encouraged efforts to further guarantee economic, social and cultural rights.

Brazil appreciated Sao Tome and Principe’s strong commitment to the promotion and protection of human rights, as well as its constructive engagement with United Nations human rights mechanisms.

Chad welcomed progress by Sao Tome and Principe, including the ratification of the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities, and the African Charter for Human and Peoples’ Rights.

Republic of Congo welcomed Sao Tome and Principe’s implementation of its human rights commitments, and the adoption of transparent policies for the effective protection of human rights.

Cuba welcomed Sao Tome and Principe’s acceptance of almost all recommendations made during its Universal Periodic Review, including the recommendation made by Cuba on the right to food.

Commission to Study the Organization of Peace said that Sao Tome and Principe respected the right to freedom of expression, and had taken measures relating to education. The country had a good human rights record, particularly with regard to women’s rights.

Rencontre Africaine pour la Défense des Droits de l’Homme noted that efforts to consolidate good governance and the rule of law had been made, and welcomed efforts to empower women. It regretted legal gaps that still allowed corporal punishment in the school system.

The Vice-President of the Human Rights Council said that Sao Tome and Principe had taken a clear position on all received recommendations. Out of the 146 recommendations it had received, Sao Tome and Principe accepted 144 while two were noted.

General Debate on Human Rights Bodies and Mechanisms

Indian Council of South America said that the so-called World Conference on Indigenous People had denied equal participation of indigenous peoples and the right to self-determination. That left indigenous peoples in many countries to pro forma consultations, which was a hear something – do nothing routine hearing.

Liberation noted that in Tripura in northeast India, incidents of crime against women, including rape, murder, molestation, torture for dowry, and sexual harassment at the workplace were on constant rise with impunity. The right to life for women was shrinking and Tripura had become a safe haven for trafficking in women.

Arab Commission for Human Rights urged the Council to come up with a new definition of slavery. It called upon the Coordination Committee to make the financing of mandate holders transparent. It also called on the Council to provide support for religious minorities worldwide.

CIVICUS said that Special Procedures mandate holders were here to help Governments to uphold human rights standards. They were not calling for regime change. The current discourse in the Council that country-specific mandates violated the sovereignty of States was therefore false. States’ human rights records should not be reviewed only by the Universal Periodic Review.

Africa Culture Internationale said that Governments needed to intervene to contribute to sustainable development through policies for the youth. There was a legal void regarding the status of mercenaries, and States should be held accountable for their use.

Prahar raised the issue of discrimination against people of northeast India because of their resemblance with Chinese people. Racial tension in mainland India had increased with the killing of north-eastern youth by local populace.

Fundación Latinoamericana por los derechos humanos y el desarrollo social drew attention to the 43 people who had been killed during the political violence in Venezuela in 2014. It alerted the Human Rights Council that the Parliamentary majority in Venezuela planned to pardon those responsible and urged it to adopt urgent measures to make sure that the amnesty was not granted.

International Association for Democracy in Africa drew attention to the rising religious fanaticism in Pakistan, where religious minorities faced increasing legal and cultural discrimination. Forced conversions and murders of Christians, Hindus and other minority groups were increasing. It also warned of the suffering of Christians in Syria at the hands of ISIS.

General Debate on the Universal Periodic Review

Netherlands, speaking on behalf of the European Union, noted that the Universal Periodic Review was a human rights mechanism that could make a real difference on the ground. It stressed the importance of the continued focus on implementation, and on providing technical assistance. The relevant contribution of non-governmental organizations was valuable in the implementation of the Universal Periodic Review outcomes, as well as the work of human rights defenders in exposing human rights violations.

South Africa, speaking on behalf of the African Group, said that the Universal Periodic Review enabled the Human Rights Council to assess the achievements, best practices and challenges of all States, in a transparent and non-politicized manner. The African Group underlined that the effectiveness of this mechanism relied on the effective number of recommendations made to States. The promotion of technical assistance and capacity building by the Human Rights Council should be provided upon the request of the State concerned. The Office of the High Commissioner for Human Rights should prioritize its capacity building activities to African countries and small island developing States.

Kuwait, speaking on behalf of the Arab Group, said that the Universal Periodic Review mechanism was an opportunity to evaluate human rights achievements through public debate and to raise awareness. The Arab Group reaffirmed its commitment to this mechanism. It would spare no efforts to help it move forward, far from confrontation and politicization, and with respect to the principles of equality and non-selectivity. The Arab Group said that it was essential to give a helping hand to States through technical assistance and capacity building.

Pakistan, speaking on behalf of the Like-Minded Group, strongly supported the Universal Periodic Review, which had provided space for sharing best practices on the basis of equality and non-discrimination. This had been made possible due to the non-confrontational manner of the review. The Like-Minded Group underlined the importance of a manageable number of qualitative and achievable recommendations and noted the positive impact of capacity building with the consent of the State concerned. The Council should acknowledge the commitments shown by States in the preparation of their national reports, and appreciate their transparent responses during the discussions.

Ghana believed that the Universal Periodic Review was a positive contribution to the work of the Human Rights Council. Within the framework for new partnership for African development, the Universal Periodic Review was a credible mechanism in its fair treatment of all States. However, there was still work to be done to protect and promote human rights for all citizens. In that respect, the third cycle should focus on the implementation of the accepted recommendations.

Morocco stated that the Universal Periodic Review was a reference mechanism for the evaluation of human rights situations and a tool for the ongoing improvement of States’ human rights records. It was necessary to ensure that the mechanism remained a tool for constructive dialogue among States. It would be desirable to avoid redundancies and for States to receive fewer recommendations.

Namibia noted that the Universal Periodic Review was much more constructive than discussions under agenda item 4 in that it provided the Human Rights Council and other stakeholders with the opportunity to acknowledge the achievements and take stock of the challenges experienced by States instead of mere mudslinging without effective outcome. It urged States to participate during the reviews of all States, big and small, as there should be no selectivity during the process.

Maldives said that the Universal Periodic Review provided a unique platform for States to monitor the implementation of their human rights obligations and commitments. This mechanism should be unbiased and objective. Recommendations for developing countries with limited resources were often too extensive, Maldives regretted, highlighting the importance of providing technical and financial assistance to these States. Maldives also noted the challenges faced by small island developing States that were not represented in Geneva.

Venezuela reiterated its commitment to the Universal Periodic Review mechanism, which had been successful in the promotion and protection of human rights. Technical assistance and cooperation provided a solid basis for realizing the goals of the Universal Periodic Review. Politicization and confrontational approaches did not serve the question of human rights. Venezuela underscored the importance of the principles of sovereignty and non-interference, and rejected the imposition of mechanisms by some powers, including country-specific mandates, without the consent of concerned countries.

Georgia reiterated its commitment to submit a mid-term report on the status of the implementation of accepted recommendations, and encouraged States to undergo the same practice. Georgia also underlined the important role played by civil society organizations at every step of the Universal Periodic Review, and stressed the importance of preserving the universal nature of the process. More precise discussions on lessons learned were encouraged.

China highly valued and actively participated in the work of the Universal Periodic Review, which was the best channel and platform to discuss country-specific human rights. The international community had to use the Universal Periodic Review as a basis to carry out constructive dialogue and cooperation in the promotion of human rights. It reiterated the basic principles of the Universal Periodic Review: objectivity, transparency, non-selectivity, constructiveness, non-confrontation and non-politicization.

Indonesia underlined the importance of the Universal Periodic Review to be an intergovernmental process, United Nations member-driven and action-oriented, with the full involvement of the country under review. It should enhance constructive dialogue, serve as a forum for sharing best practices, and promote constructive cooperation and technical assistance, with the consent of the State concerned.

Iran stated that the culture of human rights was a core part of the heritage of humanity. After coming before the Universal Periodic Review Working Group, Iran had formed a Universal Periodic Review National Committee in October 2014 with the participation of senior representatives of 30 governmental institutions and ministries. Recommendations relating to each institution and ministry were sorted out in order to plan action for the continued implementation of the recommendations.

Saint Vincent and the Grenadines said it had established an inter-ministerial committee to prepare and submit the second cycle Universal Periodic Review report, and that assistance from the Office of the High Commissioner for Human Rights had helped in organising a series of capacity-building workshops. Saint Vincent and the Grenadines would be participating in the interactive dialogue with the Working Group on the Universal Periodic Review later in 2016.

Sao Tome and Principe said that concerning the recommendations emerging from the country’s second review, a total of 146 recommendations had been issued, and only two did not receive acceptance, though they had been taken note of. Sao Tome and Principe was committed to promoting and upholding human rights, and the Government had among other measures introduced new criminal proceedings codes.

International Bar Association, in a joint statement with International Commission of Jurists and Lawyers for Lawyers said it had reviewed recommendations under the Universal Periodic Review addressing the judicial field, and had found that issues such as the appointment and removal of judges and the role of self-governing organizations of legal professionals were barely addressed. The Council and States were called on to ensure that in the third cycle of the Universal Periodic Review, the role of judges, lawyers, and prosecutors received heightened attention.

UPR Info presented its activities in relation to the Universal Periodic Review. It noted that the decisions relating to the third cycle would make the time between reviews extend to five years per country. This should not be extended in the future. UPR Info hoped that a five-year cycle would provide a stronger impact on the ground.

International Federation for Human Rights Leagues, said that it was critical that States report on progress on implementing accepted recommendations. Bahrain had failed to implement some of the most important recommendations received and had on the contrary engaged in arbitrary detention and torture. China had accepted recommendations pertaining to freedom of expression, but had failed to implement them and had continued repression against civil society representatives.

International Service for Human Rights welcomed that several States had raised recommendations regarding civil society space and the protection of human rights defenders. It called for strengthened efforts and the establishment of mechanisms to address the issue of reprisals. International Service referred to the murders of activists in Honduras, and called on the country to fully investigate them.

Colombian Commission of Jurists reminded that in 2014, 10 countries had made recommendations to Colombia on extrajudicial executions and enforced disappearances. Despite that, in 2015 the Government had decided that only international humanitarian law would be applicable. International human rights treaties could not be excluded from the application at the national level, and the organization voiced hope that Colombia would combat impunity for the crimes committed by law enforcement officers and the military.

Khiam Rehabilitation Centre for Victims of Torture drew attention to the 2011 Al-Karama massacre committed by the Muslim Brothers, and deplored the human rights violations committed by Saudi Arabian troops in Yemen. The missiles launched by Saudi Arabia continued to target innocent civilians. The Saudi regime with its unprecedented crimes relied on international support. The Council should take a very firm stance on those crimes.

United Nations Watch noted that the tenth anniversary of the Universal Periodic Review provided an opportunity to enhance that mechanism. It commended those Member States who had used it to ask concrete questions. Regrettably, the majority of Member States had used it to praise different governments. The existence of the Universal Periodic Review was being used to eliminate urgent responses to problems.

Americans for Democracy and Human Rights in Bahrain Inc highlighted the human rights situation in Saudi Arabia, noting that the country had made little, if any, progress as regards bringing its judiciary in line with international human rights standards. All States, including the Kingdom of Saudi Arabia, were called on to work diligently to implement all Universal Periodic Review recommendations.

Alsalam Foundation spoke about the arrest of medical personnel in hospitals, naming personnel who allegedly had been arrested in operating rooms and humiliated in front of their patients and colleagues. It was the systemic policy of Bahrain to lay off doctors who were Shiites, and an agreement under the International Labour Organization to ensure the return of those people to their workplaces had not been respected by the Bahraini Government.

Iraqi Development Organization spoke about the Yemeni transitional government’s inability to implement the recommendations in the Universal Periodic Review of 2014. The Council was called on to set up an independent international commission to investigate the violations of human rights or that the case of Yemen be recommended to the Security Council for transfer to the International Criminal Court.

International Educational Development questioned the value of the Universal Periodic Review and emphasized that this mechanism was not the adequate mechanism to address pressing human rights concerns. It called for the renewal of the mandate of the Special Rapporteur on human rights in Myanmar, and noted that the Universal Periodic Review of the Lao People’s Democratic Republic had not led to concrete improvements. It called for reforms of the Universal Periodic Review mechanism.

World Environment and Resources Council referred to the recent elections in Myanmar, and said that the international community should allow Myanmar’s new leaders space to find a navigable path toward solidifying and sustaining the democratic transition. The International Community should stand ready to train Myanmar’s new leaders through technical assistance.

Arab Commission for Human Rights said that the Universal Periodic Review had created a healthy trend of constructive cooperation at the national level. It had accelerated the number of ratifications of international human rights instruments. States should commit to presenting a mid-term report on the implementation of recommendations. Recommendations should be grouped by topic in order to strengthen their effectiveness.

Indian Council of South America noted that the United States not only had not accepted the constructive recommendation to send Alaska, Hawaii and Dakotas to the General Assembly and the United Nations Decolonization Committee for review, but had completely equivocated on that recommendation. The United States called on other States to abide by international law and made itself an exception to the rule.

Global Network for Rights and Development reminded of the relentless everyday struggles of war displaced Syrian women who were living in the refugee camps in countries neighbouring Syria, especially Turkey, Lebanon and Jordan. Despite those countries’ diverse refugee policies, those women faced similar dangers of sexual harassment which often led to rape, even gang rape, forced prostitution and different other forms of violence.

Rencontre Africaine pour la défense des droits de l’homme, drew attention to the implementation of Universal Periodic Review recommendations, which suffered due to the lack of political will of certain countries, and inadequate means. It was imperative to fully involve parliamentarians in order to accelerate legislative reforms which slowed down the implementation because in between the first and second cycle of the Universal Periodic Review many countries experienced institutional and political crises.

Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil said that the Mexican Government had been backtracking on human rights, noting that all cases of torture remained unpunished, and there was no will to bring perpetrators to justice. The Mexican Government refused to recognize that the country was going through a human rights crisis, and the Council had to respond to support Mexico so the country could combat impunity and corruption.

Humanist Institute for Cooperation with Developing Countries spoke about Honduras, saying that protection in the defence of human rights meant States had to be opened up to oversight as well as help and cooperation from the international community. Strengthening the Universal Periodic Review along those lines was now more necessary than ever.

Centre for Human Rights and Peace Advocacy welcomed the Working Group’s report on Myanmar. The Universal Periodic Review was a useful and beneficial process which was working smoothly. The arrival of the third cycle in 2017 was welcomed. The Human Rights Council was requested to ensure that the Myanmar Government provide security for the people of the Myanmar from the illegal migrants.

Liberation appreciated that despite challenges, Myanmar had made significant progress in human rights promotion. It looked forward to further engage with the Government and other stakeholders through constructive and genuine dialogue at the Human Rights Council. It welcomed the fact that Myanmar had amended or enacted more than 180 laws in line with international norms and standards.

Prahar praised Myanmar for its successful general elections held recently and on the formation of a new government. It was an important time for the country and the Human Rights Council should change its focus on Myanmar by helping it with capacity building on human rights promotion and protection.

World Barua Organization acknowledged the efforts made by Myanmar in key areas, such as maintaining law, order and security, the enhancement of relief activities for all people, creating economic development and job opportunities, and conducting citizenship verification processes. At the same time, it requested that Myanmar provide security for the people of Myanmar from illegal migrants.

Foodfirst Information and Action Network expressed concern at the situation of human rights defenders in Honduras, which was one of the most dangerous countries in the world for them. Berta Caceres and Nelson Garcia had both been assassinated within a few days. The Network called on Honduras to ensure accountability for the perpetrators.

Centre for Environmental and Management Studies said that Nepal had improved its economy and achieved good results on poverty education. Public debt had however increased. Nepal had also improved its performance to provide access to electricity in rural areas.

African Regional Agricultural Credit Association commended Oman’s efforts for the participation of women in public life, and its progress to consolidate its democracy. Its gross domestic product had increased, and it had made efforts to combat money laundering.

Right of Reply

Honduras, speaking in a right of reply, reiterated its commitment to investigate the murder of Berta Caceres, bring the perpetrators to justice and provide reparation to her family. This investigation was being monitored by the national ombudsman and the Office of the High Commissioner for Human Rights. Honduras had received communications in writing from her children, and measures had been implemented to ensure their protection. Mr. Castro was still before the judiciary.


For use of the information media; not an official record

HRC16/041E