HUMAN RIGHTS COUNCIL ADOPTS UNIVERSAL PERIODIC REVIEW OUTCOMES OF LAO PEOPLE’S DEMOCRATIC REPUBLIC, SPAIN AND LESOTHO
The Human Rights Council this afternoon adopted the Universal Periodic Review outcomes of the Lao People’s Democratic Republic, Spain and Lesotho.
Yong Chanthalangsy, Permanent Representative of the Lao People's Democratic Republic to the United Nations Office at Geneva, said in the spirit of good will and cooperation, the Lao People's Democratic Republic was considering extending an invitation to the Special Rapporteur on the right to adequate housing and maintaining a regular dialogue with the Special Procedures of the human rights mechanism. In the country, the death penalty was intended to deter the most serious crimes, particularly drug trafficking, and no case of the death sentence had been executed for many years. On guaranteeing the freedom of religion, speech and expression, and the freedom of assembly, religious freedom was guaranteed in the Constitution. The Government and people were proud of the results of the Universal Periodic Review process as they reflected the Government's policies and actions in the realization of human rights for its people over the past 35 years.
In the discussion on the outcome of the Lao People’s Democratic Republic, speakers said they were greatly encouraged that the Government had accepted the vast majority of recommendations and they appreciated the acceptance to expedite the reform of governance, public administration and the legal system aimed at deepening and broadening democratic norms, principles and standards. It was noted that the Lao People’s Democratic Republic had spared no effort to overcome the impacts of colonialism and had reduced poverty by 50 per cent over the past decade and improved school enrolment rates which now stood at over 90 per cent. The Council was urged to provide much-needed technical cooperation and support in areas necessary to assist the Lao People’s Democratic Republic in its effort to implement the recommendations.
Speaking in the discussion on the Lao People’s Democratic Republic were Viet Nam, Bhutan, Malaysia, Cambodia, Venezuela, Cuba, Myanmar, Thailand, Indonesia, China and Iran. The non-governmental organizations that spoke during the discussion were the International Federation of Human Rights Leagues, the Asian Indigenous and Tribal Peoples Network, and Amnesty International.
Javier Garrigues, Permanent Representative of Spain to the United Nations Office at Geneva, said that Spain had accepted 98 of the 137 recommendations. The recommendations accepted had a considerable scope. Spain had accepted the recommendation on fostering a national strategy to fight racism and xenophobia within its National Human Rights Plan. This year, Spain had set up the Council to Fight Discrimination and Racial Inequality. On trafficking in persons, Spain was already implementing its Comprehensive Plan to fight trafficking in persons for purposes of sexual exploitation, and believed international cooperation to be a vital part of this plan in order for it to work. On the right to asylum, there was a new legal framework which broadened the scope of international protection. On the right to equality, Spain would continue efforts to fight inequality and discrimination towards women in the labour market. The promotion and defence of human rights was a priority of the Spanish Government.
In the discussion on Spain, speakers noted with satisfaction that the recommendation on the development of a national action plan on xenophobia was in the process of implementation, and that Spain had never renounced the rule of law in spite of its efforts to combat terrorism. Another speaker expressed concern about discrimination based on ethnicity and religion against minorities and immigrants, especially restrictive measures taken against the Muslim minority, particularly girls, and the appalling condition of human trafficking, especially trafficking in women and girls for sexual exploitation. It was also noted that given the continuing problems migrant workers still faced, it was hoped that Spain would accept the recommendation encouraging the State to ratify the Convention on the Rights of Migrants.
Speaking in the discussion on Spain were Iran, Algeria, Belarus and Azerbaijan. The national human rights institution, the Office of the People’s Defender of Spain, also spoke as well as the non-governmental organizations Amnesty International, Human Rights Watch, Action Canada for Population and Development, Rencontre Africaine pour la défense des droits de l’homme, the Islamic Human Rights Commission, the European Region of the Lesbian and Gay Association, the Charitable Institute for Protecting Social Victims, the International Federation of Actions of Christians for the Abolition of Torture and the European Centre for Law and Justice.
Mpeo Mahase-Moiloa, Minister of Justice, Human Rights, Rehabilitation and Law and Constitutional Affairs of Lesotho, said that Lesotho had received 122 recommendations and of these, 36 enjoyed the support of Lesotho, 51 were accepted as they were already being implemented and 5 were rejected on the grounds of their inaccuracy and lack of factual basis. Concerning the recommendation to set up preventative mechanisms against acts of torture, the Minister of Justice indicated that these already existed at the national level. Training activities on human rights for law enforcement officials were also continuing so as to ensure that human rights were placed at the core of all their activities. On the issue of the death penalty, Lesotho retained it for the most serious crimes of murder, statutory rape and high treason and there had been no capital punishment carried out since 1995. Lesotho also said that it would domesticate the Convention Against Torture.
In the discussion on Lesotho, speakers said that Lesotho was a least developed country, which meant it faced many challenges, but they appreciated that the authorities intended to make a quick transition toward best practices in the promotion and protection of human rights. The high literacy rates, political empowerment of women, improvement in health services and freedom of press were indicative of its policy successes. One speaker expressed hope that Lesotho would reconsider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights. Several speakers appealed to the international community to assist Lesotho in facing its many challenges, particularly in the areas of food security, reducing unemployment and combating HIV/AIDS.
Speaking in the discussion on Lesotho were Morocco, Algeria, Egypt, the United Kingdom, Nepal, Nigeria, Zimbabwe, Botswana, Kenya and South Africa. The non-governmental organizations that took the floor were the Canadian HIV/AIDS Legal Network and Conectas Direitos Humanos.
The Council today held back-to-back meetings from 9 a.m. to 6p.m. When it meets at 10 a.m. on Wednesday, 22 September, the Council will consider the outcomes of the Universal Periodic Review of Kenya, Armenia and Guinea-Bissau in the morning and Sweden, Grenada and Turkey in the afternoon session.
Consideration of the Universal Periodic Review Outcome of Lao People's Democratic Republic
YONG CHANTHALANGSY, Permanent Representative of the Lao People's Democratic Republic to the United Nations Office at Geneva, said the Lao People’s Democratic Republic was pleased to engage seriously in the Universal Periodic Review process. Several delegations had commended the country's efforts to strengthen human rights, and achievements in socio-economic development, thus creating favourable conditions for the Lao multi-ethnic people to fully enjoy human rights. These achievements were the results of the vision to strengthen the standard of living of the people, and the consistent policy implemented by the Government over the past decades, which had gradually improved the living conditions of the people, and strengthened the respect, protection and promotion of human rights. There had been certain developments since the Universal Periodic Review took place - the country was now in the process of preparing the Seventh National Socio-Economic Development Plan and other national action plans, which included economic, social, cultural, civil and political rights aspects.
In May, the delegation of the Lao People’s Democratic Republic had responded positively to 56 recommendations out of 107 made by Member States. Now, the country could further support 15 in full, 15 more in part, and 18 more could not be supported as they did not actually reflect the real situation in the country. The Government was giving great importance to international conventions and protocols as recommended by some countries. In the spirit of good will and cooperation, the Lao People's Democratic Republic was considering extending an invitation to the Special Rapporteur on the right to adequate housing and maintaining a regular dialogue with the Special Procedures of the human rights mechanism. In the country, the death penalty was intended to deter the most serious crimes, particularly drug trafficking, and no case of the death sentence had been executed for many years. On guaranteeing the freedom of religion, speech and expression, and the freedom of assembly, religious freedom was guaranteed in the Constitution. The Government and people were proud of the results of the Universal Periodic Review process as it reflected the Government's policies and actions in the realization of human rights for its people over the past 35 years.
VU DUNG (Viet Nam), welcomed the successful Universal Periodic Review process of the Lao People’s Democratic Republic last May and took note with appreciation of their openness, active operation and serious commitment in the Review process. It was worth recalling that the Lao People’s Democratic Republic had widely disseminated the outcome of its Universal Periodic Review to all Government agencies, non-governmental and governmental organizations, diplomatic representatives as well as to the mass media and general public. As a close neighbour and traditional friend of the Lao People’s Democratic Republic, Viet Nam highly valued the great efforts exerted by the Government and people of the Lao People’s Democratic Republic in the promotion and protection of human rights. In conclusion, Viet Nam said it was a proven fact that the Lao People’s Democratic Republic had acted in a very responsible and constructive manner during and after the Universal Periodic Review.
YESHEY DORJI (Bhutan) said Bhutan appreciated the open and constructive manner in which the Lao People’s Democratic Republic had engaged in the Universal Periodic Review mechanism. Bhutan was greatly encouraged that the Government had accepted the vast majority of recommendations and had appreciated the acceptance to expedite the reform of governance, public administration and the legal system aimed at deepening and broadening democratic norms, principles and standards. Bhutan was also a landlocked least developed country and could fully understand the challenges and constraints that the Lao People’s Democratic Republic was facing. In conclusion, Bhutan called on the international community to continue to extend all required support and assistance to the Lao People’s Democratic Republic in the implementation of the Universal Periodic Review recommendations.
SITI HAJJAR ADNIN (Malaysia) said there had been progress in the protection and promotion of human rights in the Lao People's Democratic Republic and a large number of recommendations had been accepted, with steps taken to implement them, including those that focused on the promotion of economic growth and alleviation of poverty. Poverty alleviation and human resource development were among factors that promoted human rights. The Government's preparedness to strengthen interaction with the relevant human rights mechanisms and treaty bodies and to engage with them was another positive element. The Lao People's Democratic Republic was wished well, and the Government should continue with its commitment to democratic ideals.
SUN SUON (Cambodia) said that Cambodia commended the commitments and achievements made by the Government of the Lao People’s Democratic Republic in advancing the socio-economic development of its people through the Council’s recommendations. The Lao People’s Democratic Republic had addressed the issues of poverty reduction, education, health, gender equality and the environment in order to further protect and improve the human rights of its people. Cambodia also welcomed the continued commitment of the Government of the Lao People’s Democratic Republic to address all the remaining challenges ahead. Given the clear demonstration of the Lao People’s Democratic Republic’s commitment to a constructive engagement with the international community, Cambodia strongly recommended the adoption of the report.
FELIX PENA RAMOS (Venezuela) said Venezuela welcomed the spirit of openness expressed by the Lao People’s Democratic Republic by facilitating the flow of information during the Universal Periodic Review process; it had provided answers on the progress made in the promotion and protection of human rights, including the rights of women. Venezuela noted that the Lao People’s Democratic Republic had spared no effort to overcome the impacts of colonialism and had reduced poverty by 50 per cent over the past decade and improved school enrolment rates which now stood at over 90 per cent. Venezuela encouraged the Lao People’s Democratic Republic to continue with the implementation of social policies and in doing so ensuring protection for all of its population.
JUAN QUINTANILLA (Cuba) said Cuba commended the commitment and spirit shown during the review process. An interesting discussion had taken place during the Universal Periodic Review, and the delegation had provided interesting information on the human rights situation in the country, showing the importance the Government placed on the protection and promotion of human rights, including for persons with disability, women and children, and minorities. The acceptance of many recommendations was approved. In spite of suffering the consequences of imperialism and aggression, the Lao People's Democratic Republic was working to achieve development through social justice. Cuba wished the people and Government of the Lao People's Democratic Republic the best of success and confirmed its solidarity and respect with that country.
WUNNA MAUNG LWIN (Myanmar) welcomed the Lao People’s Democratic Republic’s efforts in improving the situation of human rights. The Lao People’s Democratic Republic should be commended for having accepted a number of the Council’s recommendations, particularly with respect to adopting the Convention on Migrant Workers. Myanmar noted with enthusiasm that the Lao People’s Democratic Republic was taking important steps to improve women’s rights and was working towards good governance for its citizens. Since the two countries shared a similar culture and Myanmar was a close neighbour to the Lao People’s Democratic Republic, the delegate hoped that the report would be adopted with consensus.
EKSIRI PINTARUCHI (Thailand) commended the Lao People’s Democratic Republic’s efforts in the promotion and protection of the human rights of its citizens despite facing significant socio-economic challenges. The Thai delegation was pleased to learn that the Lao People’s Democratic Republic had supported both of its recommendations with regard to poverty alleviation and incorporation of international human rights conventions into its domestic laws. Thailand particularly commended the Lao People’s Democratic Republic’s efforts to combat trafficking in persons. Thailand strongly believed in partnership and cooperation in assisting countries to deal with challenges facing them, and for the Lao People’s Democratic Republic one such challenge was dealing with adverse effects on unexploded ordinance and other war remnants. Thailand urged the Council to provide much-needed technical cooperation and support in areas necessary to assist the Lao People’s Democratic Republic in its effort to implement the recommendations.
DESRA PERCAYA (Indonesia) said as a fellow member of ASEAN, Indonesia wished to commend the Government of the Lao People's Democratic Republic for their increasing efforts to promote good governance and to improve the welfare and living standards for its population in the country. A history of regional conflict had hindered the ability of the country to make more rapid improvements in these and other critical areas, but it was encouraging to learn that socio-economic development, poverty eradication, and economic growth were all key priorities on the Government agenda. Cooperation with the human rights mechanisms was an important obligation of all Member States, and Indonesia believed the Lao Government would continue to constructively engage with the ASEAN Intergovernmental Commission on Human Rights as well as with the Council. The Government was thanked for its cooperation with the Universal Periodic Review mechanism.
ZHANG QIAM (China) said that China noted the progress made by the Lao People’s Democratic Republic. The number of people living in poverty had been drastically reduced and the rights of ordinary people had been improved. As a friendly neighbour, China understood the nature of the challenges ahead but was confident in the Lao People’s Democratic Republic’s ability to overcome them. China concluded by encouraging the international community to continue providing technical and financial assistance to the Lao People’s Democratic Republic.
MESBAH ANSARI (Iran) expressed delight on the positive achievements of the Lao People’s Democratic Republic on the challenging areas of poverty eradication, the right to work, education and health, the rights of women and children, the right to life, the right to participate in public affairs, cultural rights and the right to information. Iran hoped that further reports from the Lao People’s Democratic Republic would reflect the continuation of its efforts to promote the rights of women and children, particularly in areas such as education, safety and health and the implementation of existing programmes to enhance socio-economic rights with a view to achieving the Millennium Development Goals.
The Representative of International Federation of Human Rights Leagues, said the International Federation of Human Rights Leagues deplored that the Lao People's Democratic Republic had not accepted recommendations to enact a national human rights institution in line with the Paris Principles and on the detention of political demonstrators. The freeing of persons in prisons for having peacefully demonstrated would be a first major step towards freedom of expression and freedom of peaceful demonstration. The participation of the Lao People's Democratic Republic in the Universal Periodic Review was limited to organizations under the sponsorship of the State. The delegation should accept the principle of the universality of human rights, and accept the emergence of an independent civil society.
JAMES HER, of Asian Indigenous and Tribal Peoples Network, said with reference to the claims of the Lao authorities on the well-being of 4,000 repatriated Hmongs, the Council should be aware that they were forcibly harassed by thousands of military personnel. The international community should monitor the situation of these Hmongs and help implement the Universal Periodic Review recommendations to the Lao People's Democratic Republic under paragraph 98.31. There was deep concern about the continued violations of human rights and fundamental freedoms of the Hmong people. The Lao People's Democratic Republic should address the longstanding grievances of the Hmong through dialogue and not by the policy of military operations and exclusion.
MARIANNE LILIEBJERG, of Amnesty International, welcomed the engagement of the Lao People’s Democratic Republic with the Universal Periodic Review as part of its stated efforts to promote and protect human rights. Amnesty International deeply regretted, however, that the Lao People’s Democratic Republic had rejected the recommendation to release peaceful demonstrators. At least five men were arrested on 26 October 1999 for attempting to hold a peaceful demonstration in Vientiane and for calling for peaceful economic, political and social change. Three of these men were reported to remain in detention despite having completed their ten-year sentences. Amnesty International strongly urged the authorities of the Lao People’s Democratic Republic to release the three men immediately and unconditionally and to demonstrate its commitment to protecting human rights in practice. Finally, Amnesty International welcomed the Government’s assurances that all citizens, irrespective of ethnicity, gender, age or other grounds, could apply for travel documents at any time.
YONG CHANTHALANGSY, Permanent Representative of the Lao People's Democratic Republic to the United Nations Office at Geneva, in concluding remarks, acknowledged the positive assessment and appreciation of the progress in the promotion and protection of human rights, as well as the challenges the country was facing. Some non-governmental organizations tried to paint a negative picture about the human rights situation in the Lao People’s Democratic Republic, which was contrary to the sprit and principles of this Council. The Lao Government learned a lot from the Universal Periodic Review process and as a full fledged member of the United Nations was fully committed to the promotion and protection of human rights through the full implementation of all human rights instruments. The Lao People’s Democratic Republic looked forward to a future exchange on human rights with the international community and hoped it would receive continuing support by the international community in implementing the Universal Periodic Review recommendations.
The Council then adopted the outcome of the Universal Periodic Review of the Lao People’s Democratic Republic.
Consideration of the Universal Periodic Review Outcome of Spain
JAVIER GARRIGUES, Permanent Representative of Spain to the United Nations Office at Geneva, said he was pleased to address the meeting. Spain attached great importance to the Universal Periodic Review mechanism, having participated in the exercise whilst convinced of its value with regard to the protection and promotion of human rights. The preparation of the national report had assisted Spain in identifying aspects where it was necessary to increase efforts to protect human rights. The national drafting of the report, and the input of criticisms and comments had been very important. The report had been considerably enhanced thanks to the support and input of civil society. The seriousness of the effort had led to 137 recommendations, of which Spain accepted 98. Thirty-four had been left for subsequent consideration, and a number of others were not acceptable for various reasons. Spain came to the Universal Periodic Review with an open and constructive spirit, and was convinced that the conclusions stemming from the Review would be extremely useful in ongoing efforts to improve the human rights mechanisms that Spain had.
The recommendations accepted had a considerable scope. With respect to racism, xenophobia, and integration of immigrants, Spain had accepted the recommendation on fostering a national strategy to fight racism and xenophobia within its National Human Rights Plan. This year, Spain had set up the Council to Fight Discrimination and Racial Inequality. Spain was committed to strengthening measures to punish actions that impinged the rights of migrants. On trafficking in persons, Spain was already implementing its Comprehensive Plan to fight trafficking in persons for purposes of sexual exploitation, and believed international cooperation to be a vital part of this plan in order for it to work. On the right to asylum, there was a new legal framework which broadened the scope of international protection. Spain would continue to make efforts to protect unaccompanied minors arriving on its territory. On the right to equality, Spain would continue efforts to fight inequality and discrimination towards women in the labour market. Spain also welcomed the recommendations to strengthen tolerance and the deepening of knowledge of cultures through the Alliance of Civilisations and other international cooperation. Spain was a democracy, and its political priority was for human rights to be an irreversible political heritage to which all had access. The promotion and defence of human rights was a priority of the Spanish Government.
MESBAH ANSARI (Iran) said Iran thanked the Spanish delegation for the informative statement and appreciated that some of the recommendations had been accepted or taken note of. Yet, Iran remained concerned over a number of human rights violations in Spain. This included discrimination based on ethnicity and religion against minorities and immigrants, especially restrictive measures taken against the Muslim minority, particularly girls, and the appalling condition of human trafficking, especially trafficking in women and girls for sexual exploitation. Iran also expressed concern about the rampant use of torture and the distressing conditions in Spanish detention centres, particularly for foreigners and asylum-seekers, as well as the use of Spanish airspace and airports by a third country in the context of a programme of secret rendition and detention. Iran called upon the Government of Spain to adopt effective laws and take measures to effectively address the recommendations made during the Working Group session, including those provided by Iran.
BOUALEM CHEBIHI (Algeria) thanked Spain for the replies provided and said that Algeria and Spain faced some common challenges, such as terrorism and the xenophobia and racism attitudes against migrants. Cooperation was needed to limit those scourges, Algeria said. The national report reflected the progress made, in particular in improving the national framework for the promotion and protection of human rights. Algeria appreciated that Spain had accepted two recommendations made by Algeria. Given the continuing problems migrant workers still faced, Algeria hoped that Spain would accept also the third one encouraging Spain to ratify the Convention on the Rights of Migrants.
NATALIA ZHYLEVICH (Belarus) said Spain had given detailed comments on the recommendations made. The Universal Periodic Review had shown the Council's high interest in the policies of the Spanish Government on human rights. Twenty-seven recommendations had already been fulfilled or were in the process of implementation. The comments made on the recommendations which could not be accepted were noted, and Belarus understood this position. The Universal Periodic Review was a mechanism for cooperation, and should not be used as an instrument of coercion. Spain's determination to continue to work on implementing the further recommendations was noted. Spain had rejected however the many recommendations on acceding to the International Covenant on the Rights of Minorities.
The Representative of Azerbaijan said Azerbaijan thanked Spain for its comprehensive responses to the recommendations. Azerbaijan welcomed the constructive approach of Spain to the Universal Periodic Review process and commended Spain for accepting most recommendations in whole or in part. Azerbaijan also noted with satisfaction that the recommendation on the development of a national action plan on xenophobia, raised by Azerbaijan, was in the process of implementation, and that Spain had never renounced the rule of law in spite of its efforts to combat terrorism.
MANUEL AGUILAR, of Office of the People’s Defender of Spain, said that the Office of the People’s Defender of Spain had been set up by the Constitution 27 years ago and it wished to express its appreciation for efforts of those participating in the Universal Periodic Review process. All of the recommendations aimed at Spain were linked to the Ombudsman itself and the Office of the People’s Defender of Spain assured the Council that disaggregated data were now available. The activities of the Ombudsman had had some impact on the measures taken to improve the living conditions in prisons and to address the special needs of women victims of trafficking in persons, and other issues. There was also a national mechanism for the prevention of torture, in line with the Optional Protocol. The Office had carried over 150 visits to detention sites throughout the Spanish territory.
MARIANNE LILIEBJERG, of Amnesty International, said Amnesty International was disappointed that the recommendation for Spain to align its legislation with regard to the definition of torture with international legislation had been rejected. Amnesty International had consistently called on Spain to investigate crimes committed during the civil war and the Franco era and to ensure that no amnesty law was applied to crimes against humanity. Spain's support of recommendations to collect and publish statistics on racially-motivated crimes and intensify efforts to thoroughly investigate acts of racial violence and punish the responsible was welcomed. However, Amnesty was extremely disappointed at Spain's refusal to review its regime of incommunicado detention.
The Representative of Human Rights Watch, said during the review of Spain, five countries raised the question of impunity, particularly in regard to crimes such as disappearances committed during the Franco dictatorship. Spain was finally prosecuting someone in connection with the crimes of the Franco dictatorship and the Spanish Civil War- unfortunately, the defendant in the case was Baltasar Garzon, the judge who sought to investigate these crimes. Governments had an obligation to provide victims of human rights abuses with an effective remedy - including justice, truth, and adequate reparations. Spain should repeal the 1977 amnesty law and ensure that domestic courts did not apply limitation periods to crimes against humanity, rather than prosecuting a judge seeking accountability for past abuses.
YOLANDA OROZCO, of Action Canada for Population and Development, said following the Universal Periodic Review, Spain had approved the organic law on sexual and reproductive health and voluntary termination of pregnancies. That law represented a significant legislative progress as it gave access to modern family planning services through the incorporation of voluntary abortion and free and modern means of contraception. However, the law did not mention policies for the prevention and treatment of HIV/AIDS and other sexually transmissible illnesses from a gender sensitive perspective. Action Canada for Population and Development recommended that both masculine and feminine condoms be included among available contraception methods and that the multi-sectoral plan on HIV/AIDS be evaluated from a gender-sensitive perspective.
NNEKA HALIM, of Rencontre africaine pour la défense des droits de l'homme, noted with satisfaction the efforts taken by Spain to improve the institutional and normative framework aimed at protecting human rights. Spain had ratified these past years most of the instruments relative to human rights, it had cooperated with Special Procedures, and it had engaged to reach the 0.7 per cent GNP allocated to the public development aid. In light of the recommendations of the Universal Periodic Review, Spain was encouraged to adopt a strategy for the protection and integration of non-accompanied immigrant children and to harmonize the anti-terrorist law with human rights standards, among other issues.
AHMED UDDIN, of Islamic Human Rights Commission, highlighted its concern with the conduct of the Spanish Government by allowing their local councils to regulate the dress code of their Muslim women citizens by banning the use of the burka and the full-face veils in all non-religious places or events. This was not only a case of discrimination against those women but an attempt to drive them out of society. In Barcelona the garments had already been prohibited in all public spaces. The Islamic Human Rights Commission was alarmed by the widespread anti Islamic rhetoric of various European Governments that were now being translated into policy, and feared that hate crime would be on the rise as a result.
M. BJORN VAN ROOSENDAHL, 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, commended Spain for accepting the recommendation to provide training to police, prison and judicial staff, focused on the protection of human rights of women, children, ethnic or national minorities and persons of minority sexual orientation or gender identity. The non-governmental organizations asked Spain to specifically inform the Human Rights Council about what means were proposed to develop this training and to include civil society in the development, execution and evaluation of such trainings. They encouraged Spain to continue raising awareness on issues around gender identity and human rights, and thus bring forward the work that Spain undertook by organizing the international congress on gender identity and human rights that had taken place in Barcelona earlier this year.
MARYAM SAFARI, of Charitable Institute for Protecting Social Victims, said that discrimination against women in Spain’s work places persisted. Although such discrimination was prohibited by law, traditional attitudes toward women led to inequality in hiring practices and in pay. The female rate of unemployment was about twice that of men and the average salary for women was 30 per cent lower than that of men. The Charitable Institute for Protecting Social Victims also urged the Government of Spain to provide effective mechanisms for legal redress for discrimination and harassment of Roma and other minority groups. Finally, in just one example of persistent discrimination, reports had shown that 13 per cent of Muslims in Spain suffered discrimination last year in terms of purchase or renting of property.
NATHALIE JEANNIN, of International Federation of ACAT (Action By Christians for the Abolition of Torture), regretted that 18 recommendations were rejected by the Government of Spain and encouraged States not to reject recommendations off hand. The International Federation noted with satisfaction that Spain had prepared written responses on the Universal Periodic Review process in a timely manner. Moreover, the International Federation was pleased to note that Spain had accepted the recommendation to investigate and try any cases of torture. Nevertheless, it regretted the fact that Spain had rejected the recommendations made by the Czech Republic, Costa Rica and Austria that Spain reconsider its position on secret detention centres used in its counter-terrorist measures.
GREGOR PUPPINCK, of European Centre for Law and Justice, said the European Centre for Law and Justice was very disappointed that a major issue had not been properly addressed in the report. In recent years over 50,000 parents had consciously objected to their children’s participation in a compulsory curriculum as they did not want them to be indoctrinated against their faith and deep convictions. Nearly 2,300 judicial complaints had been lodged in less than two years as a consequence of the education for citizenship in the national compulsory curriculum. In most cases during the past three years, local and regional courts had pronounced sentences against the Government. Last year, the Supreme Court had denied the rights of objecting parents. Some parents had also made claims before the Constitutional Court which however also dismissed the parents’ cases.
JAVIER GARRIGUES, Permanent Representative of Spain to the United Nations Office at Geneva, in closing remarks, said that the Spain’s participation in the process demonstrated its solid commitment to human rights. Spain acknowledged the participation of States, national human rights institutions and non-governmental organizations in this process and said that the long list of speakers was evidence of the interest they took in this country. Spain acknowledged various interventions that improved the human rights situation in Spain and would further assist the Government in its implementation of human rights.
The Council then adopted the outcome of the Universal Periodic Review of Spain.
Consideration of the Universal Periodic Review Outcome of Lesotho
MPEO MAHASE-MOILOA, Minister of Justice, Human Rights, Rehabilitation and Law and Constitutional Affairs, said that Lesotho appreciated the objective and impartial manner in which the review was conducted and once again applauded the Working Group on the Universal Periodic Review of Lesotho and welcomed its report. Lesotho received 122 recommendations and of these, 36 enjoyed the support of Lesotho, 51 were accepted as they were already being implemented and 5 were rejected on the grounds of their inaccuracy and lack of factual basis. The remaining 25 recommendations were deferred to the current session due to the need for further consultations. Concerning the recommendation to set up preventative mechanisms against acts of torture, the Minister of Justice indicated that these already existed at the national level. Existing mechanisms included the Office of the Ombudsman, whose mandate entailed inspecting places of detention. It was also worth mentioning that training activities on human rights for law enforcement officials were continuing so as to ensure that human rights were placed at the core of all their activities.
On the recommendation to ratify the Optional Protocol to the International Covenant on Civil and Political Rights, Chapter III of the Constitution of Lesotho spelled out principles of State policy, which entailed rights of a socio-economic nature. These were not enforceable by courts of law but were to be implemented on an incremental basis through policy, guidelines and social programmes. This recommendation was therefore not accepted given the fact that Lesotho was one of the least developed countries in the region. On the issue of the death penalty, Lesotho retained it for the most serious crimes of murder, statutory rape and high treason. In addition to having appropriate safeguards, the Minister of Justice pointed out that there had been no capital punishment carried out since 1995. With regard to other recommendations, Lesotho welcomed the recommendation to ratify the Convention for the Protection of All Persons from Enforced Disappearances and also said that it would domesticate the Convention Against Torture. The Government of Lesotho was pleased to enhance its cooperation with treaty bodies and the mandates of Special Procedures. In conclusion, Lesotho reiterated its commitment to working cooperatively with the Human Rights Council and other Member States in promoting and protecting human rights for all.
OMAR HILALE (Morocco) said the Universal Periodic Review process of Lesotho was a demonstration of that country’s commitment for the promotion of human rights. It was clear that, as a least developed country, and on top of that being among those with the lowest development aid per inhabitant, guaranteeing the enjoyment of human rights was difficult. Morocco pleaded for international assistance to this fraternal country. In spite of its unfavourable context, authorities had spared no efforts to ensure the promotion and protection of human rights and had been successful in a number of areas, including trafficking in women and children and ensuring better representation of women through quotas.
MOHAMED SALIM SAMAR (Algeria) said that Algeria and Lesotho had a background of good cooperation through the African Union and Algeria was honoured to have been a member of Lesotho’s Universal Periodic Review process. Participation in this exercise showed Lesotho’s commitment to improving living standards and governance in the country. Lesotho was a least developed country, which meant it faced many challenges, and Algeria appreciated that the authorities intended to make a quick transition toward best practices in the promotion and protection of human rights. Algeria repeated its appeal to the international community to assist Lesotho to face the challenges, particularly in the areas of food security, reducing unemployment and combating HIV/AIDS.
AHMED IHAB GAMALELDIN (Egypt) warmly welcomed the active participation of Lesotho in the Universal Periodic Review process. Lesotho faced particular challenges in relation to the fulfilment of its human rights obligations, especially economic and social rights, taking into account its situation as a land-locked least developed country. Notwithstanding, Lesotho was exerting commendable efforts to fulfil its obligations as undertaken within the context of the universally agreed international human rights norms and principles. Egypt called on the international community to extend the necessary assistance required by Lesotho.
REBECCA SAGAR (United Kingdom) said the United Kingdom was pleased to note the high number of recommendations accepted by Lesotho and was particularly pleased that several of the United Kingdom’s recommendations had enjoyed Lesotho’s support, including the recommendations on establishing the delayed national human rights commission in accordance with the Paris Principles, prioritising enacting the draft children’s protection and welfare bill, ensuring that the Convention on the Rights of the Child provisions were fully incorporated into national legislation, and prioritising the enactment of a domestic violence bill. The United Kingdom also noted that its recommendation that Lesotho ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights did not enjoy Lesotho’s support and hoped that the country would be able to reconsider this point in the future.
BHRIGU DHUNGANA (Nepal) said Nepal appreciated the initiatives of Lesotho in enhancing the people’s participation in law making, policy formulation and the fielding of proposals to ensure full enjoyment of human rights of its people. The high literacy rates, political empowerment of women, improvement in health services and freedom of press were indicative of its policy successes. Also, the steps to establish a national human rights commission were laudable. The role and constructive contributions by Lesotho in the Human Rights Council in making it one of the most important multilateral forums for the promotion and protection of human rights were commendable.
BEATRICE IKEKU-THOMAS (Nigeria) commended the delegation of Lesotho for their presentation and insightful comments. Nigeria seized the opportunity to congratulate Lesotho for the additional information provided on its efforts towards the promotion and protection of human rights despite the numerous challenges. Nigeria was encouraged to note that the Government of Lesotho had accepted most of the recommendations made during its review in May 2010 and the Government had already begun implementing a number of them. In closing, Nigeria called on the international community to continue providing technical capacity building assistance.
ENOS MAFEMBA (Zimbabwe) said Zimbabwe thanked Lesotho for its acceptance of most of the recommendations, which was a clear testimony that the Kingdom fully cooperated with the Human Rights Council in order to further enhance and advance the promotion and protection of human rights. Zimbabwe welcomed Lesotho’s commitment to implement those areas that it had committed itself to implement and wished Lesotho the best of luck. Zimbabwe recommended the adoption of the Universal Periodic Review outcome of Lesotho.
Mr. O. RHEE HETANANG (Botswana) said Lesotho had demonstrated its openness and objectivity to constructive engagement during the Universal Periodic Review Working Group session in May early this year. Botswana welcomed the fact that Lesotho had accepted the majority of recommendations made by Member States, noting that a very good number of these were already being implemented. Noting that Lesotho, like Botswana, was a developing country that continued to face various challenges in the implementation of its human rights obligations domestically and internationally, Botswana remained hopeful that the Government of Lesotho would benefit from the support of the international community in this regard.
ANASTACIA OSUNDWA (Kenya) thanked Lesotho for their responses to the recommendations made during the Universal Periodic Review Working Group session. Kenya also noted that the Kingdom of Lesotho had carried out a lot of efforts in accepting the majority of the recommendations made. This was a clear indication of their commitment to the promotion and protection of human rights in its country. Kenya also took note of the commitments made by the Government of Lesotho to improve human rights through the Universal Periodic Review process and congratulated them on the conclusion of their Universal Periodic Review.
JERRY MATTHEWS MATSILA (South Africa) said South Africa commended Lesotho for having accepted many of the recommendations. Lesotho’s constructive approach during the review processes was encouraging and would undoubtedly assist in the fulfilment of the country’s human rights obligations. Nevertheless, Lesotho, a small country disproportionately affected by the financial and food crises, continued to face many challenges. In fact, continued work was required in the provision of health services, especially to combat the HIV/AIDS pandemic. South Africa was encouraged by Lesotho’s continued fight against poverty, discrimination against women, and the steps taken to ensure that the people of Lesotho were uplifted from living in those conditions.
JIDE MACALLAY, of Canadian HIV/AIDS Legal Network, said with regard to recommendation 98, paragraphs 2, 4, and 5, issues of serious concern, these recommendations called for the amendment of the penal code provisions which criminalised consensual sexual activity between persons of the same sex, to ensure that no one was punished under these laws. Criminalisation of consensual same-sex activity constituted a violation of established international human rights law, and undermined public health initiatives. The Government should reconsider these recommendations and take action to bring its legislation into conformity with international standards by repealing this legislation.
MARIANA DUARTE, of Conectas Direitos Humanos, said it would be in the best interest of the people of Lesotho and in line with the commitment of the Government to establish a vibrant human rights regime to accept all the recommendations under the report, including those which the Government had concerns about. All recommendations were in line with other commitments of the country, particularly under the African Peer Review Mechanism, and in binding instruments it had acceded to. The recommendations that the Government either did not support or would consider were generally on abolishing capital punishment, protecting the rights of lesbians, gays, bisexuals, transsexuals and intersex persons, fighting human trafficking in order to protect women and children, criminalisation of female genital mutilation, improvement of human rights reporting, decriminalisation of defamation, and others.
MPEO MAHASE-MOILOA, Minister of Justice, Human Rights, Rehabilitation and Law and Constitutional Affairs, in her concluding remarks, thanked the Working Group on the Universal Periodic Review of Lesotho. Lesotho was pleased to have had an opportunity to express its views on the recommendations made by the Universal Periodic Review process. The Minister of Justice reiterated Lesotho’s commitment to working cooperatively with the Council. In conclusion, while many Member States wished to increase the pace of Lesotho’s developments in human rights, there was little the country could do to push these along faster. So long as the resources were available, Lesotho would continue to make progress on the issue of national human rights.
For use of the information media; not an official record
HRC10/103E