MORNING - Human Rights Council Adopts Universal Periodic Review Outcomes of Peru, Guatemala and Benin
The Human Rights Council this morning adopted the Universal Periodic Review outcomes of Peru, Guatemala and Benin.
Concerning Peru, the President of the Council said that out of the 202 recommendations received, 190 enjoyed the support of Peru and four were noted. Additional clarification was provided on another eight recommendations, indicating which parts of the recommendations were supported and which parts were noted.
Speaking in the discussion on the Universal Periodic Review outcome of Peru were Brazil, Chile, China, India, Maldives, Morocco, Nepal, Pakistan, Philippines, Russian Federation, Tunisia, UN Women, United Nations Population Fund, Tanzania and Venezuela.
Also speaking were Centre Europe - tiers monde, International Lesbian and Gay Association, Centre for Justice and International Law, Edmund Rice International Limited, CIVICUS - World Alliance for Citizen Participation, Human Rights Watch, International Federation for Human Rights Leagues, Amnesty International and International Bar Association.
As for Guatemala, the President said that out of the 207 recommendations received, 127 enjoyed the support of Guatemala, and 80 were noted. Additional clarification was provided on another two recommendations, indicating which parts of the recommendations were supported and which parts were noted.
Speaking in the discussion on the Universal Periodic Review outcome of Guatemala were the United Kingdom, Tanzania, Venezuela, Burkina Faso, Chile, China, Egypt, India, Maldives, Morocco, Nepal and Pakistan.
Also speaking were Dominicans for Justice and Peace - Order of Preachers, Lawyers for Lawyers, Action Canada for Population and Development, Franciscans International, Peace Brigades International, World Jewish Congress, Humanists International, Centre for Justice and International Law, International Service for Human Rights and Advocates for Human Rights.
With regard to Benin, the President of the Council said that out of the 258 recommendations received, 234 enjoyed the support of Benin, and 22 were noted.
Speaking in the discussion on the Universal Periodic Review outcome of Benin were India, Lao Peoples’ Democratic Republic, Lesotho, Maldives, Mauritania, Morocco, Nepal, Nigeria, Pakistan, Russian Federation, Senegal, Sierra Leone, Singapore, South Africa and Sri Lanka.
Also speaking were Franciscans International, Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, International Volunteerism Organization for Women, Education and Development, International Federation of ACAT (Action by Christians for the Abolition of Torture), International Lesbian and Gay Association, International Service for Human Rights, CIVICUS - World Alliance for Citizen Participation, Rencontre Africaine pour la defense des droits de l'homme, Women in Law and Development in Africa, and Interfaith International.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.
The Council will resume its work this afternoon at 3 p.m. to consider the Universal Periodic Review outcomes of the Republic of Korea, Switzerland and Zambia.
Consideration of Universal Periodic Review Outcome of Peru
Report
The Council has before it the Report of the Working Group on the Universal Periodic Review of Peru (A/HRC/53/8) and its addendum (A/HRC/53/8/Add.1)
Presentation
Peru said it accorded great importance to human rights. The outcome document related to the Universal Periodic Review contained material on page five related to the number of deaths that occurred - they were 111 and not 11, and he requested a correction.
Another speaker from Peru said the position of Peru on the 202 recommendations was that after careful review, including the involvement of all concerned stakeholders and as part of international and national obligations in the field of human rights and the policies and programmes being adopted in Peru, 190 were adopted, eight were adopted in part, and four were noted. This reflected the strong commitment of Peru to the promotion and protection of human rights and fundamental freedoms. Peru accepted all recommendations related to the investigation of complaints related to the social protest, demonstrating its commitment to guaranteeing the right to truth, ensuring accountability, and guaranteeing international standards in the area of human rights. The Prosecutor’s Office had created a special team for dealing with victims of the social protest, with the aim of ensuring a speedy investigation.
In order to move forward in the building of more just societies, the Government of Peru was committed to promote social dialogue that was broad and inclusive with an inter-cultural focus based on human rights. This was implemented in all regions of the country to make sure that the Government could respond to the needs of the population. To achieve this objective, under the leadership of the Resident Coordinator, Peru was working to strengthen institutions to manage political and social conflict and protect human rights in the country. This would be through building capacities and based on the protection of human rights with a focus on gender, young people and different cultures, and on the promotion of spaces and processes of decentralised dialogue to build consensus, commitments and compromise to ensure social cohesion was assured. Peru was committed to achieving the enjoyment of all human rights by all persons without discrimination.
Ombudsman’s Office of Peru said the Universal Periodic Review process was very important. The recommendations made to the State to ratify international treaties on human rights were shared by the Ombudsman’s Office. The State’s obligation to combat discrimination and violence against groups requiring special protection, such as children, women, migrants, indigenous, lesbian, gay, bisexual, transgender, queer, intersex plus persons and others were welcomed by the Office, and were fully in line with the country’s intent to promote a robust national policy aiming at the enjoyment of all civil liberties. However, there was a need for infrastructure and budgetary allocations. The Office was strong in its commitment to ensure effective oversight of the implementation of the recommendations accepted by Peru.
Discussion
In the discussion, some speakers noted Peru’s efforts in promoting and protecting human rights and the country’s firm commitment to the Universal Periodic Review process. Speakers appreciated that Peru had accepted a large number of recommendations to further advance the promotion and protection of human rights in the country. The efforts made by Peru to adopt the national strategy for the specialised justice system for the protection of victims of violence against women were welcomed. Speakers also commended the efforts made by Peru in increasing women’s participation in public and political life. One speaker encouraged Peru to advance the implementation of the law on the recognition of the right to care and the creation of the national care system.
A number of speakers congratulated Peru on the institutional and legal measures it had developed in favour of the protection of human rights defenders, in particular the situation of environmental defenders, as well as the fight against discrimination against vulnerable groups such as Afro-Peruvians. It was commendable that Peru had established a national commission aimed at eliminating discrimination towards vulnerable groups. Peru was congratulated on its policy to combat trafficking in human beings and on the publication of the national action plan on business and human rights.
Some speakers said the disproportionate use of force with racist and discriminatory overtones was concerning. It was recommended that Peru ensure the use of force was carried out in line with international standards and that those involved should be punished, to avoid impunity. It was welcome that Peru had accepted recommendations in this regard, however, the Government needed to take urgent measures to ensure that security forces abided by the law in the future. One speaker said lesbian, gay, bisexual, transgender and intersex people in Peru were experiencing a decline of their fundamental rights. Crimes affecting transgender women and men, based on sexual identity, ran rampant. Peru should implement the recommendations made in this regard.
Many speakers wished Peru every success in implementing the recommendations and recommended that the Council adopt the report.
The President of the Council said out of the 202 recommendations received, 190 enjoyed the support of Peru and four were noted. Additional clarification was provided on another eight recommendations, indicating which parts of the recommendations were supported and which parts were noted.
Concluding Remarks
Peru said it was committed to the implementation of the recommendations. In light of the situation, a special team had been created to deal with assistance to victims in social conflict situations. The Ministry of Justice had a special unit for the protection of victims and witnesses. Different prosecutors at different levels specialised in human rights. Cases of gender-based violence were handled by special prosecutors who received special support from the school of Ombudsmen.
Another speaker said Peru was committed to the universal system of human rights, including the Universal Periodic Review, and was ready to implement the recommendations. Some of the comments made by civil society organizations were not agreed with, as they were incorrect. On 7 December last year a coup d’état took place, and there had been a positive democratic reaction leading to a restoration of the rule of law. Illegal demonstrations had led to attacks on infrastructure and local offices. In these circumstances, the forces of order had had to intervene, and there were unfortunately victims. The authorities had demonstrated their commitment to carrying out investigations into the events.
The Council then adopted the decision on the outcome of the Universal Periodic Review of Peru.
Consideration of Universal Periodic Review Outcome of Guatemala
The Council has before it the Report of the Working Group on the Universal Periodic Review of Guatemala (A/HRC/53/9) and its addendum (A/HRC/53/9/Add.1).
Presentation
Guatemala said for the first time, coordination was organised at the highest political level for the review, analysis and discussion of the recommendations, which took days of work. Guatemala had taken note of 80 recommendations, as their implementation was related to issues that, at the domestic level, were still under discussion and currently there was no national consensus on how to address them. Concerning the six recommendations related to the death penalty, it was important to state that the Constitutional Court had declared that the application of the death penalty for the commission of crimes relating to the drug activity law had been annulled and expelled from the legal system.
On the seven recommendations on the Second Optional Protocol to the International Covenant on Civil and Political Rights, this protocol had not been ratified. Several recommendations, including regarding the ratification of various international treaties, were still under consideration. On the protection of operators in the justice sector, risk analyses were being carried out to identify the threats, vulnerabilities and the level of risk to which magistrates, judges and prosecutors could be exposed to. There were 175 police elements providing personalised security for judges and magistrates, and the security of the infrastructure of the judicial branch was guaranteed throughout the national territory. This was an example of the important actions that Guatemala had implemented in the areas addressed by the recommendations, which the country had taken note of.
Office of the Human Rights Ombudsman of Guatemala said Guatemala needed to promote sustainable solutions for the rights of migrant workers. It was important to strengthen monitoring mechanisms and follow ups for human rights in line with recommendations received from the Universal Periodic Review. Guatemala recognised the challenges in the area of human rights, but was ready to deal with them in a comprehensive manner. The country was ready to work with the international community to build towards a future where everyone lived in conditions of dignity, freedom and justice.
Discussion
In the discussion, some speakers said the Government’s decision to not shut down the Secretariat for Women was appreciated. The efforts made to promote and protect human rights were noted, as were the efforts to improve health and education, and the creation of employment programmes for the people of the country. The measures taken to implement the recommendations made during the last Universal Periodic Review were applauded, as were the acceptance of recommendations to support the family as the natural and fundamental basis of society, and the efforts made to protect children and adolescents from violence. The review had been a very constructive process, reflecting Guatemala’s strong commitment to the Universal Periodic Review process. Guatemala’s commitment to improving the situation of women and creating necessary structures in that regard was appreciated.
A speaker was troubled by the increasingly challenging environment for journalists and media workers, in particular those investigating corruption. An independent and impartial judiciary was the cornerstone of a democratic society - the necessary steps should be taken to ensure the rule of law, and the independence and impartiality of the judiciary. The rights of justice actors must be protected in the context of their fight against corruption and impunity. There should be a public policy to investigate attacks on human rights defenders promptly and transparently. It was important to consider bringing the legal framework into line with international standards in order to protect the rights of indigenous peoples, allowing them to protect their lands and resources, and ensure their participation in discourses affecting them, another speaker said. All electoral principles, including the international principles of equality and transparency, should be ensured and respected throughout the electoral process.
Some speakers expressed concern about the high level of poverty, weak public security, and the educational system, as well as high levels of discrimination against women, and endemic people trafficking. Guatemala should resolve these issues, which would better promote and protect the enjoyment of human rights by all its people. Abortion should be de-criminalised. One speaker said Guatemala should continue its efforts to continually strengthen the respect, promotion and implementation of human rights on the ground, and effectively implement the 127 recommendations accepted. The national development plan contained a framework based on the respect for human rights, and this was a positive step. The efforts to strengthen social systems, in particular post-COVID-19 pandemic, were also noted and applauded.
At the end of the discussion, the President said that out of the 207 recommendations received, 127 enjoyed the support of Guatemala, and 80 were noted.
Concluding Remarks
Guatemala said the fight against corruption was a priority for the President, whose Government had created the Presidential Commission on Corruption. During 2021, anti-corruption prevention activities carried out included the drafting of a technical policy to prevent corruption and fight against it. Awareness raising activities had been carried out and a Commission of Transparency had been set up. This was why several recommendations had been noted. In 2020, the creation of the Presidential Commission for Peace and Human Rights was conceived as a space for inter-institutional articulation to coordinate follow-up actions for the fulfilment of commitments. Guatemala remained committed to continue working for the promotion, monitoring and protection of human rights, to build a peaceful and prosperous nation.
The Council then adopted the decision on the outcome of the Universal Periodic Review of Guatemala.
Consideration of Universal Periodic Review Outcome of Benin
Report
The Council has before it the Report of the Working Group on the Universal Periodic Review of Benin (A/HRC/53/10) and its addendum (A/HRC/53/10/Add.1).
Presentation
Benin said the Universal Periodic Review process had allowed for a rigorous assessment of the human rights situation in Benin, vis-à-vis its international commitments. As a result of the quality of the interactive dialogue, the Government had domestically undertaken and looked at all of the recommendations to assess how they could be approached. It was now in a position to present its definitive answers to these recommendations.
Another speaker for Benin said it was only through the eyes of others that one understood one’s true nature, and he was grateful to those States that had allowed Benin, in an enriching fashion, to understand its challenges. Benin was strongly rooted in its cultural identity, and that, and its efforts to move forward to prosperity and meeting the aspirations of its people, were its true goals, and it was committed to achieving these. The Universal Periodic Review had been an enriching experience for Benin, which was committed to an approach for the protection and support of human rights, and had laid out a courageous structural reform aiming to meet the aspirations of the people of Benin and to transform their living standards.
All of the recommendations had been rigorously analysed through a methodological consultation with stakeholders. The exchanges arising from this had led to the adoption of laws, and the number of the recommendations accepted as a result had increased. The accepted recommendations had in parallel led to a number of measures to ensure that the justice, educational, transport, health and other systems were properly accessible to the rights of disabled persons. The Government had set up anti-discrimination legislation, which was something that placed focus on human and legal identity, and the equality of all, and would ensure guaranteed effectiveness. The National Plan of Action against Racial Discrimination supported judicial and legal provisions in the country. The emergence of new threats had led to setting up new mechanisms, including reparative and legislative mechanisms. Certain noted recommendations were not in line with the aspirations and social norms of the population.
Commission on Human Rights of Benin said Benin had accepted 234 of the recommendations, nine of which were on the national human rights institution. The Commission continued to have its independence guaranteed through the method of recruitment of its members and the strengthening of its ability to intervene through increased funding in line with the Paris Principles. The Commission, on the subject of the rights of persons with disabilities, recognised the adoption of recent historical measures, including on social inclusion, which themselves went beyond the recommendations made in the Universal Periodic Review. The Commission stood at the side of the Government in efforts to move forward and improve the human rights of the population of Benin.
Discussion
In the discussion, some speakers applauded Benin for accepting the majority of the recommendations, and commended strides undertaken by the country since the last review. Significant progress had been made by the Government of Benin in the promotion and protection of human rights in the country, particularly in the fields of health care, education, safe drinking water and housing. Speakers appreciated the steps made to improve the country’s constitutional, legal and institutional framework, in various governance areas, to consolidate democracy and align the entire governance architecture with international justice and human rights standards.
Speakers welcomed the measures undertaken by the Government to construct new detention facilities in order to mitigate the overcrowding of detainees. The incorporation of the abolition of the death penalty into the Constitution of Benin was applauded. Benin was commended for the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. The significant reform in the justice sector, including the increase of the membership of the Supreme Council of Justice, was noted. Speakers commended the priority given by Benin to the education of children, and improving working conditions of teachers.
Some speakers noted that Benin was grappling with challenges on their journey towards the promotion and protection of human rights. It was recommended that Benin take measures to increase the schooling of children, primarily by increasing resources allocated to education. Forty per cent of women residing in villages in Benin continued to give birth without assistance. It was recommended that the Government continue the construction of maternity units in risk zones, in conjunction with training and awareness raising programmes centred around the health of new-born babies. Some speakers expressed concern about restrictions on civil society, the press and the right to peaceful assembly. Benin was asked to open an inclusive dialogue with political actors and civil society.
Many speakers supported the consensual adoption of Benin’s Universal Periodic Review outcome decision and wished them success in implementing the accepted recommendations.
The President of the Council said that out of the 258 recommendations received, 234 enjoyed the support of Benin, and 22 were noted. Additional clarification was provided on another two recommendations, indicating which parts of the recommendations were supported and which parts were noted.
Concluding Remarks
Benin said efforts continued to be made, especially with respect to the rights of the child. Investments had been made over recent years into education, awareness-raising, and the fight against female genital mutilation. Regions where the latter was rampant had been significantly reduced, and a zero-child marriage campaign had been launched. In recent years there had been reform of the penitentiary administration in order to improve living conditions in prisons. There were no political prisoners in Benin. The National Institute for the Promotion of Women worked to that aim, and resources had been allocated. The current business climate, inflation and terrorist actions in the region continued to cause grave concern. A raft of provisions and legislation was being prepared to improve the situation in many regards and would result in the improvement of the protection of human rights in Benin.
The Council then adopted the decision on the outcome of the Universal Periodic Review of Benin.
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HRC23.089E