COUNCIL ADOPTS OUTCOMES OF THE UNIVERSAL PERIODIC REVIEW OF ERITREA, CYPRUS, DOMINICAN REPUBLIC AND VIET NAM

The Human Rights Council in its midday meeting today adopted the outcomes of the Universal Periodic Review of Eritrea, Cyprus, the Dominican Republic and Viet Nam.

Tesfamicael Gerahtu, Ambassador of Eritrea to the United Kingdom, said that the decision to ratify a number of international instruments, such as the Convention against Torture and the International Labour Organization Convention on Worst Forms of Child Labour, were a sign of Eritrea’s commitment to implement recommendations accepted earlier. The characterization of Eritrea as an “emergency State” reflected the mind set of all those who had ill intentions on the future of the country. The migration of Eritreans had been presented in sensational ways. Eritrea urged States to drop the resolutions and the special mandate holder on Eritrea as progress could only be achieved on the basis of the Universal Periodic Review process.

In the discussion, speakers recognised the efforts made in social programmes to promote an equitable distribution of resources and the well-being of the Eritrean people. Speakers were encouraged by Eritrea’s efforts in achieving the Millennium Development Goals, but urged Eritrea to take all measures to ensure the enjoyment of fundamental rights and freedoms by the Eritrean population. It was regrettable that Eritrea did not accept to ratify the Rome Statute and the International Covenant on Civil and Political Rights and its Optional Protocols.

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

Speaking in the discussion were Venezuela, Algeria, Botswana, China, Cuba, Egypt, Estonia, Sudan, Togo, United Kingdom, and the United States.

Amnesty International, Action Canada for Population and Development, United Nations Watch, CIVICUS – World Alliance for Citizen Participation, and the International Fellowship of Reconciliation also spoke.

Andreas Ignatiou, Permanent Representative of Cyprus to the United Nations Office at Geneva, said that Cyprus had carefully considered the 105 recommendations received, of which it had accepted 96. Cyprus rejected the recommendation to ratify the International Convention on the Protection of the Rights of Migrant Workers and their Families, as it was bound by the official European Union position on the matter. Safeguarding the rights of migrants was one of the priorities and Cyprus had undertaken a series of measures to balance the need for an effective immigration system. Efforts had been increased to combat trafficking in humans and a far-reaching programme for reformation of prisons based on international human rights standards and norms had been launched.

In the discussion, speakers noted the implementation of the national plan on gender equality, measures to improve the rights of children and youth and the continuing efforts to address challenges and disparities in health care, education, employment and social welfare. Several speakers expressed concern about the conditions of detention, lack of protection for asylum seekers and migrants, restrictive immigration policies, and trafficking in human beings.

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

Speaking in the discussion were Venezuela, Viet Nam, Algeria, Armenia, China, Côte d’Ivoire, Council of Europe, Cuba, Egypt, Greece, and Morocco.

The following non-governmental organizations also took the floor: Amnesty International, United Nations Watch, and Verein Sudwind Entwicklungspolitik.

Katherine Urbaez, Minister Counsellor at the Permanent Mission of the Dominican Republic to the United Nations Office at Geneva, said that 84 recommendations had been accepted, 29 recommendations, which could not be implemented at the moment, had been noted, and only 21, which were incompatible with the constitutional principles and domestic judicial order, had been rejected. Those concerned the establishment of an independent organ to investigate alleged police abuses and also concerned forced labour, a practice that did not exist in the country. The legislation concerning persons with irregular birth registration and naturalization had been adopted, and sought to ensure that all persons in the country counted with the necessary documentation.

In the discussion, speakers said that the review had highlighted major progress made by the Dominican Government and urged it to step up efforts to implement the Millennium Development Goals related to women and children, and to combat racial discrimination and trafficking in persons. They welcomed the acceptance of recommendations to ensure that all law enforcement operations were conducted in accordance with international human rights standards. Speakers noted the high rates of child mortality and said that 80 per cent of those deaths could have been avoided if health staff had acted in a timely and suitable manner.

The Council then adopted the outcome of the Universal Periodic Review of the Dominican Republic.

Speaking in the discussion were Morocco, Senegal, United Nations Children’s Fund, Venezuela, Viet Nam, Algeria, and Cuba.

Also speaking were Minority Rights Group, Amnesty International, Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, Action Canada for Population and Development, Rencontre Africaine pour la defense des droits de l’homme, Open Society, International Lesbian and Gay Association, and Friedrich-Ebert-Stiftung.

Nguyen Trung Thanh, Permanent Representative of Viet Nam to the United Nations Office at Geneva, said that Viet Nam had established an Inter-Ministerial Working Group to seriously and promptly review all comments and recommendations from other States; of the 227 received recommendations, Viet Nam had supported 182, which was a vivid demonstration of its seriousness, openness and determination to ensure the promotion and protection of human rights. The recommendations that Viet Nam was unable to support were not suitable to the historical, social and cultural particularities of the land or were based on incorrect information.

In the discussion, speakers commended the progress made by Viet Nam in the promotion and protection of the human rights of its people, particularly in the areas of education, social welfare, hunger eradication and poverty reduction. Speakers noted the continued existence of substantial disparities between different groups of children in Viet Nam, and urged the Government to establish an independent child rights monitoring mechanism. Viet Nam should revise its national security laws, stop using repressive laws and end the detention of critics as its response to peaceful demands for fundamental human rights. Viet Nam was also urged to introduce a moratorium on executions as a step towards the abolition of the death penalty.

The Council then adopted the outcome of the Universal Periodic Review of Viet Nam.

Speaking in the discussion were Iran, Lao People’s Democratic Republic, Malaysia, Morocco, Myanmar, Pakistan, the Philippines, Russia, Senegal, Singapore, Sri Lanka, Thailand, United Nations Children Fund, United States, and Uzbekistan.

International Lesbian and Gay Association, Agir Ensemble pour les Droits de l’Homme, Human Rights Watch, Amnesty International, International Association of Democratic Lawyers, Viet Nam Family Planning Association, World Peace Council, British Humanist Association, Vietnam Peace and Development Foundation, and United Nations Watch also spoke.

At 5 p.m. this afternoon, the Council will resume the general debate on human rights situations requiring the Council’s attention.

Consideration of Outcome of Universal Periodic Review of Eritrea

TESFAMICAEL GERAHTU, Ambassador of Eritrea to the United Kingdom, reiterated Eritrea’s position that the Universal Periodic Review was the most effective tool at the disposal of the Human Rights Council to promote the protection of human rights. Eritrea strongly objected to politically motivated country specific resolutions, which were counterproductive. Eritrea’s decision to ratify a number of international legal instruments, such as the Convention against Torture and the International Labour Organization Convention on Worst Forms of Child Labour were a sign of Eritrea’s commitment to applying earlier recommendations. The President of Eritrea had recently announced a launch of the drafting of a new constitution, which would chart out the political road map for the future government structure based on lessons learned over the previous two decades.

There was no practice of recruitment of children into the military. The characterization of Eritrea as an “emergency State” was also totally rejected, and reflected the mind set of all those who had ill intention on the future of the country. The migration of Eritreans had also been presented in sensational ways, not taking into consideration that Eritreans were often given preferential treatment for political purposes. Eritrea was committed to strengthening the implementation of the Universal Periodic Review recommendations within its means and capabilities and elevating its engagement with the Human Rights Council and the Office of the High Commissioner for Human Rights. Eritrea urged Member States to drop the resolutions and the special mandate holder on Eritrea as progress could only be achieved on the basis of the Universal Periodic Review process.

Venezuela recognised the investment and the efforts made in putting in place social programmes to promote an equitable distribution of resources and the well-being of the Eritrean people, and paid tribute to efforts to comply with human rights commitments despite the current crisis of capitalism. Venezuela encouraged Eritrea to continue to reinforce its social policies

Algeria noted the acceptance of the majority of the recommendations, in particular the establishment of a national human rights institution in accordance with the Paris Principles, and hoped that this would be done as part of the new constitution. Algeria recommended the adoption of the outcome.

Botswana was encouraged by Eritrea’s efforts in achieving the Millennium Development Goals concerning maternal health and children mortality, but much remained to be done. Botswana encouraged Eritrea to take all measures to ensure the enjoyment of fundamental rights and freedoms by the Eritrean population and recommended the adoption of the report.

China appreciated Eritrea’s commitment to implementing recommendations arising from the Universal Periodic Review mechanism and hoped that the Government would continue to strive to reduce poverty, fulfil the Millennium Development Goals, address gender equality and protect the rights of women and girls. Eritrea faced many difficulties and challenges and China hoped that the international community would provide support on the basis of consultations.

Cuba said that during the review of Eritrea, Cuba had commended the efforts of the Government to improve the situation of the population in the areas of the right to food, health and education, and recognized the positive reforms in basic sanitation, prohibition of child labour and re-education of minors in conflict with the law.

Egypt commended the commitment and active participation of Eritrea to the Universal Periodic Review process. Egypt understood the rejection of some of the recommendations and said that attention must be paid to avoid imposing culturally inacceptable recommendations on countries.

Estonia welcomed the acceptance of the recommendations to improve the worrisome situation of women’s and girls’ rights and expressed regret that Eritrea had rejected the recommendations to ratify the Rome Statute and the International Covenant on Civil and Political Rights and its Optional Protocols. Estonia was deeply concerned about the serious human rights violations that continued in Eritrea.

Sudan appreciated the fact that Eritrea had accepted the recommendations made by Sudan such as to improve the situation of women and girls and particularly the situation of mothers. Sudan expressed appreciation for the efforts of Eritrea to achieve the Millennium Development Goals.

Togo was pleased to note that Eritrea had agreed to cooperate with human rights mechanisms. Togo encouraged Eritrea to step up its efforts on the full realization of economic, social and cultural rights, with a particular focus on the most vulnerable groups in society, including women and children.

United Kingdom deeply regretted the lack of progress so far, and urged the Government of Eritrea to take rapid and concrete steps to implement all Universal Periodic Review recommendations. The United Kingdom was disappointed that Eritrea continued to reject the mandate of the United Nations Special Rapporteur on the human rights situation in Eritrea and to deny her access and cooperation.

United States welcomed the return of the Eritrean delegation, and encouraged Eritrea to take steps to improve its respect for the rights to freedoms of expression, assembly, association and religion. The Government should allow citizens to exercise their right to vote in genuine and periodic elections. The United States encouraged the Government to facilitate the release of political prisoners, including members of the G-15.

Amnesty International was gravely concerned by the persistence of serious human rights violations in Eritrea. Eritrea had again rejected recommendations to end arbitrary detention. Many detainees had never been charged with a crime, and many among them had been held for nearly 20 years. All schoolchildren were required to complete their final school year at a military camp, effectively involving the conscription of children into the military.

Action Canada for Population and Development encouraged the Government to undertake awareness raising programmes in addressing issues of female genital mutilation. The Government should establish multi-stakeholder committees on early and child marriages and meet the needs of those subjected to this practice.

UN Watch spoke about the Eritrean refugee crisis and in particular the harrowing situation in the Sinai where human traffickers preyed on Eritrean refugees and colluded with traffickers and even authorities to trap them. Many of those fleeing the country were young people escaping the indefinite national service or underage children fleeing before they reached conscription age.

CIVICUS – World Alliance for Citizen Participation said in a joint statement that there was little to suggest that there would be a substantive change at the national level in Eritrea. The culture of systematic human rights violations in the country would continue with State rhetoric that placed national unity and the social harmony of the country before individual rights.

International Fellowship of Reconciliation said that Eritrea had received 15 recommendations focused on military service, which was the subject of the report of the Special Rapporteur. None of those enjoyed the support of Eritrea, who even denied that children were recruited. The effectiveness of the Universal Periodic Review depended on how open the State under review was to hear and act on the recommendations made.

Renconctre Africaine pour la defense des droits de l’homme noted that very little progress had been done by Eritrea in implementing recommendations from the first cycle of the Universal Periodic Review. There was deep alarm over arbitrary detentions, torture and secret detention centres. Eritrean authorities should allow access of the International Red Cross to its penitentiaries.

Africa Culture International said that many Eritreans were fleeing the country at the moment. The vast majority of refugees worldwide were in developing countries, and Eritrea was one of the leading refugee-producing countries. Africa Culture International urged the international community and State institutions to do what they could to improve the existing situation.

East and Horn of Africa Human Rights Defenders Project stated that there was a vast disconnect between the Government of Eritrea’s stance on paper and the lived reality for many millions of Eritrean civilians. The Government continued to deny numerous human rights violations, and was refusing to abolish military conscription of children. The systemic grave human rights violations by Eritrea could no longer be tolerated by the international community.

Jubilee Campaign said that the Eritrean regime had for decades denied the right of the freedom of worship to those groups it did not recognize. Persecution had also spread to officially recognized churches. The wide-spread emigration was a sign of a very sad state of affairs in Eritrea. Considering the gravity of the situation in Eritrea, a commission of inquiry ought to be established.

TESFAMICAEL GERAHTU, Ambassador of Eritrea to the United Kingdom, in his closing remarks thanked the delegations for their support and said that Eritrea took note of the issues raised. It was very important to understand that, while working earnestly on the promotion and protection of human rights, Eritrea was a young nation constrained by insecurity and sanctions imposed upon it. Those were challenges and problems and the perceived image of Eritrea was far from the reality on the ground; in the short time of the nation-building process, progress had been achieved and there was still much road to cover. This was not to imply that human rights violations were being committed in the country. It was important to say that the occupation was the violation of the human rights of Eritreans, as were the sanctions. Eritrea urged Governments and non-governmental organizations not to use offensive language, such as extra-judicial killings or reprisals; those were far from true. Eritrea was on track for seven out of eight of the Millennium Development Goals and would continue to work on their greater achievement so as to improve the situation of its people. Eritrea reiterated that it was against country-specific resolutions and country-specific mandates were very counterproductive and did not yield any dividends in terms of improvement of human rights in the country. In light of the prevailing environment of security, Eritrea said that it had indeed mobilized the troops and this would continue as long as the threat of a border war with Ethiopia continued.

Consideration of Outcome of Universal Periodic Review of Cyprus

ANDREAS IGNATIOU, Permanent Representative of Cyprus to the United Nations Office at Geneva, said that the second Universal Periodic Review cycle had been a valuable opportunity for Cyprus to assess both the implementation of the recommendations of the first cycle as well as its overall progress in the field of human rights. Cyprus strongly believed that this process was a critical element in its efforts to further improve its human rights situation. In that spirit, Cyprus had carefully considered the 105 recommendations received. Out of the 105 recommendations, 96 were accepted. Cyprus was not able to accept recommendations which the Government was not able to commit to implementing at this stage. For example, it was not able to accept recommendations concerning the ratification of the International Convention on the Protection of the Rights of Migrant Workers and their Families. This was due to the fact that Cyprus was bound by the official European Union position on the matter. At present, the European Union Member States were not in a position to sign or ratify it as the text raised several difficulties. However, Cyprus had transposed into national law the relevant European Aquis, fostering the rights of migrants and their families.

One of the main priorities of the Government of Cyprus was safeguarding the rights of migrants and this was evident through a series of measures taken and which it would continue to take in order to balance the need for an effective immigration system. Concerning asylum seekers, among other things, Cyprus had taken further measures to strengthen the capacity to provide care and housing. Efforts had also been increased to combat trafficking in human rights. The fight against discrimination, xenophobia and stereotyping was one of the main priorities of the Government at all levels as well as, inter alia, education, healthcare, sports and labour. Acknowledging the need for immediate reformation of the operation of prisons, the Government had introduced a far-reaching reformation programme, based on international human rights standards and norms, and proceeded with drastic corrective measures.

Venezuela welcomed the replies that the Government had made during the review and noted the implementation of the national plan on gender equality and efforts made to improve the rights of children and youth. Venezuela paid tribute to Cyprus’ efforts to apply recommendations and recommended that the outcome be adopted.

Viet Nam was encouraged to see Cyprus’s constructive engagement in the Universal Periodic Review process, including the acceptance of the majority of recommendations. Viet Nam was particularly glad that Cyprus had agreed to continue efforts to address challenges and disparities in health care, education, employment, gender equality and social welfare.

Algeria commended Cyprus for supporting a large number of recommendations, and invited Cyprus to accredit the Office of the Mediator as a human rights defender in line with the Paris Principles. Algeria hoped that in the future, ratification of the Convention on the Rights of Migrants and Members of their Families would be among the priorities of Cyprus.

Armenia appreciated numerous legislative and administrative measures undertaken in Cyprus after its first Universal Periodic Review. Armenia particularly welcomed the commitment of Cyprus to promote the rights of national minorities and the right to education, to combat domestic violence, and to consolidate the fight against racism.

China commended Cyprus for its constructive engagement with the Universal Periodic Review process and thanked it for accepting recommendations made by China, and hoped that the Government would take further measures to promote economic recovery, protect economic, civil and political rights, as well to ensure women’s rights and the rights of migrants. China supported the adoption of the outcome.

Côte d’Ivoire thanked Cyprus for the attention paid to recommendations made during the review, as well as for the answers provided at this session. Côte d’Ivoire encouraged the Government to continue cooperation with the human rights promotion and protection mechanisms and wished it every success in implementing recommendations that stemmed from the Universal Periodic Review.

Council of Europe evoked the recommendations made by various monitoring bodies of the Council of Europe. The Council was interested in detention, conditions of migrants and rejected asylum seekers, lack of protection for asylum seekers and migrants, restrictive immigration policies, and trafficking in human beings. It welcomed measures already taken in order to address these issues.

Cuba welcomed Cyprus’ acceptance of a recommendation made by Cuba on strengthening the legal system pursuant to international human rights treaties that Cyprus had accepted, particularly those relating to children. Cyprus recommended that the Council adopt the outcome and wished Cyprus well in the implementation of recommendations.

Egypt welcomed the fact that Cyprus had accepted a large number of recommendations, including those from Egypt. Egypt attached particular attention to economic, social and cultural rights, as well as the rights of migrants. Egypt was confident that the Cypriot Government would continue to apply recommendations in spite of constraints imposed by the economic crisis.

Greece congratulated Cyprus for participating in the Universal Periodic Review in a very comprehensive and constructive manner. Greece noted that Cyprus had undeniably applied all features necessary for a successful implementation and promotion of human rights, including those of migrants.

Morocco saluted the commitment of the Cypriot Government to promote and protect a wide range of human rights, including those of migrants, in spite of the financial crisis. Morocco noted that Cyprus had accepted more than 91 per cent of recommendations, including Morocco’s recommendation on strengthening human rights education in school curricula.

Amnesty International was concerned that the authorities in Cyprus detained irregular migrants without first considering less coercive measures. Amnesty was particularly worried about cases of arbitrary detention of asylum-seekers, including Syrian nationals. Cyprus was urged to immediately release irregular migrants when their removal from Cyprus could not be implemented within a reasonable time.

United Nations Watch said that Cyprus had achieved significant progress in achieving human rights despite the economic crisis and territorial division. A solution to the conflict would greatly advance human rights. It welcomed efforts to promote equality of women in employment and hoped more consistent efforts could be put in place to address the gender pay gap.

Verein Sudwind Entwicklungspolitik stressed that the situation of asylum seekers in Cyprus had not changed. To prevent harsh attacks on asylum seekers, such as on 12 July 2011 at the detention centre in Larnaca, it recommended that there be more human rights training for police forces as well as detention centre personnel and all those who were somehow in connection with asylum seekers due to their job.

The President of the Council said Cyprus had received 105 recommendations, accepted 87, made a clarification, and noted 17.

ANDREAS IGNATIOU, Permanent Representative of Cyprus to the United Nations Office at Geneva, appreciated today’s comments and suggestions that would be forwarded to the relevant Cypriot authorities. Respect of human rights was and would remain a top priority for the Government of Cyprus. Despite the economic difficulties that Cyprus was currently facing and which had spread in all areas and sectors of life, it was determined to continue coordinated efforts to enhance, promote and safeguard the human rights of all people in Cyprus. In that respect, the Government had adopted a series of measures in order to achieve economic stability and to support economic growth in the medium term. Its commitment to improve the standard of living and safeguard human rights of all people living in Cyprus was well-adjusted.

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

Consideration of Outcome of Universal Periodic Review of the Dominican Republic

KATHERINE URBAEZ, Minister Counsellor at the Permanent Mission of the Dominican Republic to the United Nations Office at Geneva, indicated that the Dominican Republican had accepted most of the recommendations and shared their objectives, since they had been or were being implemented: 84 recommendations had been accepted, 29 recommendations, which could not be implemented at the moment, had been noted, and only 21, which were incompatible with the constitutional principles and domestic judicial order, had been rejected. Among the latter, the Dominican Republic had rejected the recommendation concerning the establishment of an independent organ to investigate alleged police abuses given that there were already different bodies tasked with supervising, inspecting and receiving complaints for abusive acts committed by the police and armed forces. Concerning land ownership and women, the Dominican Republic rejected recommendations concerning forced labour, given that such practice did not exist in the country, even in sugar plantations; furthermore, agrarian legislation already included provisions concerning the distribution of land to women. Other recommendations did not count with the support of the Government since they were based on false premises and did not reflect the cooperative and respectful character required by the review mechanism. In this regard, the delegation noted that legislation concerning persons with irregular birth registration and naturalization had been adopted, and sought to ensure that all persons in the country counted with the necessary documentation. The fact that an important number of persons born in the Dominican Republic were not properly registered reflected an unacceptable institutional weakness and the Government was committed to take concrete actions.

Morocco was delighted to see that the Dominican Republic had adopted a long list of earlier recommendations, including two recommendations that Morocco was keen on. Those two were the continuation of the fight against corruption and the guarantee that the migration policy was human-rights based.

Senegal welcomed the continuous engagement and cooperation of the Dominican authorities with the Universal Periodic Review mechanism. Senegal was glad to see the readiness of the Dominican Republic to fully uphold the human rights of its population, and encouraged the State to continue with the same dynamics.

United Nations Children’s Fund noted that child mortality in the Dominican Republic was quite high and it had not dropped over the previous decade. Some 80 per cent of those deaths could have been avoided if health staff had acted in a timely and suitable manner. Inappropriate conditions of the hospitals and hygiene also had a serious bearing on the problem.

Venezuela said that the review had highlighted major progress made by the Dominican Government. Venezuela noted that the State had significantly increased access to education, and was spending 4 per cent of its Gross Domestic Product on education. The Dominican Republic was encouraged to continue progress on its social programmes, with the view of guaranteeing food security and the population’s well-being.

Viet Nam was pleased to see that among other recommendations from other countries, the recommendations from Viet Nam had been accepted by the Dominican Republic, especially on stepping up efforts to implement the Millennium Development Goals related to women and children, as well as combating racial discrimination and trafficking in persons. Viet Nam recommended the adoption of the outcome.

Algeria had taken due note that most recommendations had been accepted, demonstrating excellent cooperation. It was happy to note that recommendations were accepted on stepping up efforts to combat human trafficking and on the elimination of social inequalities. Algeria extended best wishes for success to the Dominican Republic in implementing the recommendations.

Cuba commended the Dominican Republic on the work undertaken to improve healthcare services and infrastructure. Cuba had no doubts that recommendations accepted would be implemented, including those by Cuba on health and education in the country. Efforts being made were underscored with the aim of seeking better protection of the human rights of the entire population and Cuba encouraged the Dominican Republic to continue on that path.

Minority Rights Group said the country’s Parliament had recently passed a law on citizenship. On the one hand, the law restored nationality to Dominicans of Haitian descent while, on the other, the majority of Dominicans of Haitian descent not registered at birth would be considered as foreigners and would have to apply for nationality, without guarantee of success.

Amnesty International said that since 2009 it had been documenting various human rights violations by the police in the Dominican Republic, including unlawful killings, torture and ill-treatment, and welcomed the acceptance of the recommendations to combat such violations and to ensure that all law enforcement operations were conducted in accordance with international human rights standards.

Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco said that further efforts were necessary so that women and children enjoyed their rights. Perpetrators of violence against children and women often went unpunished because of fear of reporting it to the authorities. The bodies in charge of protection against discrimination and violence against women were not very effective.

Action Canada for Population and Development said that the efforts to reduce maternal mortality had not been enough and the rates remained high. One of the major causes of maternal mortality was complications due to unsafe abortion; the Dominican Republic was the only country in the world in which abortion was completely criminalized.

Rencontre Africaine pour la defense des droits de l’homme welcomed the efforts to strengthen the rights of women and persons with disabilities and expressed concern about discrimination against migrant workers, particularly Dominican nationals of Asian descent. The elimination of all forms of discrimination in the country was an ongoing challenge.

Open Society Institute said that the report captured many important recommendations addressing the damaging consequences of a September 2013 ruling by the country’s Constitutional Tribunal on the legal status of Dominicans of Haitian descent. The tribunal’s ruling retroactively changed the meaning of Dominical constitutional law to convey citizenship on the basis of the parents’ immigration status. The Institute urged the Dominican Republic to adhere to its pledges to address racial discrimination.

International Lesbian and Gay Association, speaking in a joint statement, said that while homosexuality was not criminalised in the Dominican Republic there were no measures to protect lesbian, gay, bisexual and transgender people from discrimination and other violations. A number of laws discriminated against lesbian, gay, bisexual and transgender persons. It was impossible to calculate violations and acts of violence committed on the basis of sexual preferences and gender identity given the lack of recognition and homophobic attitude that characterised the authorities.

Friedrich-Ebert-Stiftung said that insecurity was one of the main issues faced by the Dominican Republic. Between 2008 and 2013, 1,769 people had been killed in violent events attributed to the national police. These homicides categorized as “legal actions” however could be classified as extra-judicial killings and were not punishable crimes under Dominican law. The organization called on the Government to grant lost-citizenship to Dominican-born children of immigrants

The Vice-President of the Council noted that out of the 134 recommendations, 84 received support and 50 had been noted.

KATHERINE URBAEZ, Minister Counsellor at the Permanent Mission of the Dominican Republic to the United Nations Office at Geneva, in concluding remarks thanked States and organizations for their statements, as well as for recognizing progress made by the Dominican Republic in the area of human rights. Whilst not able to give an immediate answer to all concerns voiced today, they had been taken note of. It was stressed that the implementation of mechanisms which had been set up as a result of Law 06/14 would allow significant progress to allow persons living in the territory to have the necessary identification papers. The Dominican Republic would continue to cooperate with the human rights mechanisms of the United Nations system and would continue to maintain a frank dialogue, respecting all States and people.

The Council then adopted the outcome of the Universal Periodic Review of the Dominican Republic.

Consideration of Outcome of Universal Periodic Review of Viet Nam

NGUYEN TRUNG THANH, Permanent Representative of Viet Nam to the United Nations Office at Geneva, highly appreciated the genuine engaging dialogue with other States, international organizations and non-governmental organizations for the promotion and protection of human rights. Viet Nam had established an Inter-Ministerial Working Group to seriously and promptly review all comments and recommendations from other States; of the 227 received recommendations, Viet Nam had supported 182, which was a vivid demonstration of its seriousness, openness and determination to ensure the promotion and protection of human rights. The supported recommendations arose from the commitment of Viet Nam to trying to achieve all the Millennium Development Goals by the deadline; completing and improving the legal judicial system and national human rights mechanisms; ensuring the rights of socially vulnerable groups; enhancing education and awareness of human rights and building the capacity of law enforcement agencies in the framework of the law-ruled State; and participating in and observing the obligations arising from international human rights conventions. The recommendations that Viet Nam was unable to support were not suitable to the historical, social and cultural particularities of the land or were based on incorrect information. Viet Nam was swiftly implementing the 2013 National Constitution and had established in 2014 the Legislation Making Agenda for the amendment and formulation of several important laws such as the Demonstration Law, Information Access Law, Association Law and Referendum Law. Although facing temporary challenges, in the first six months of 2014 Viet Nam continued to provide sufficient resources for the implementation of the Millennium Development Goals and national programmes on social welfare, especially for households with financial difficulties, women, children, the elderly and others.

Iran said that Viet Nam’s participation in the review process illustrated its commitment to the work of the Council and the acceptance of many recommendations, including those submitted to Iran, attested to its commitment to the promotion and protection of human rights. Iran recommended the adoption of the outcome.

Lao People’s Democratic Republic took note with appreciation that Viet Nam had accepted most recommendations during the last review and taken the necessary steps to implement them, and appreciated the effort to create enabling conditions for all people to exercise their fundamental freedom.

Malaysia appreciated the frank, open and constructive approach undertaken by Viet Nam during the review process and commended the progress made by Viet Nam in the promotion and protection of the human rights of its people, particularly in the areas of education, social welfare, hunger eradication and poverty reduction. Viet Nam had accepted Malaysia’s recommendation regarding the enhancement of the rule of law.

Morocco was delighted to see the high level of cooperation between Viet Nam and the Council’s Special Procedures between July 2010 and November 2013. Morocco commended Viet Nam for the decision to dedicate an important part of its constitutional review process to human rights and citizen obligations, and welcomed its socio-economic dynamism that had allowed Viet Nam to fulfil the Millennium Development Goals.

Myanmar appreciated the active and constructive participation of Viet Nam in the Universal Periodic Review mechanism and welcomed the acceptance of a great number of recommendations, including those proposed by Myanmar on promoting the rights of vulnerable groups and strengthening human rights education and training.

Pakistan wished Viet Nam success in the implementation of the accepted recommendations and highly appreciated the commitment of Viet Nam to the Universal Periodic Review process. This commitment was evident in the efforts to improve human rights in the country, including through the promotion of socio-economic rights.

Philippines said that the success of Viet Nam in the implementation of the Millennium Development Goals, particularly on poverty alleviation, education and gender equality, illustrated the commitment to the realization of human rights. The Philippines congratulated Viet Nam for the efforts to accede to more human rights instruments and align national legislation with international standards.

Russia said that the second cycle of the Universal Periodic Review had demonstrated the commitment of Viet Nam to undertake all measures to improve human rights and involve civil society in those measures. Viet Nam had adopted most of the recommendations received, including those made by Russia, which demonstrated the readiness of the country to continue its engagement on human rights.

Senegal was delighted to see Viet Nam’s renewed commitment to the promotion and protection of human rights and encouraged Viet Nam, as part of its effort to implement the recommendations, to focus on the economic and social rights of its people. Senegal recommended the adoption of the outcome.

Singapore took positive note of Viet Nam’s constructive approach through the review process and the high number of recommendations that Viet Nam had accepted, including two from Singapore. Singapore looked forward to continued cooperation with Viet Nam in strengthening the promotion of human rights through regional initiatives.

Sri Lanka took note of the diverse measures undertaken by Viet Nam in protecting the rights of its peoples and was encouraged by the steps taken to maintain an environment of peace and stability, sustained economic growth, and an improved material and cultural life which created the necessary preconditions for the promotion and protection of human rights in political, civil, economic, social and cultural spheres.

Thailand commended Viet Nam’s constructive engagement with the review process and the acceptance of many recommendations. Thailand stood ready to share its experience to contribute to the implementation of the recommendations; and urged the Council to adopt the outcome of Viet Nam.

United Nations Children’s Fund noted the continued existence of substantial disparities between different groups of children in Viet Nam, mainly due to systematic policy failures, namely girls and women, children from minority ethnic communities, migrant children and children living in poverty. Viet Nam should allocate resources to implement its child rights policies at all levels and should establish an independent child rights monitoring mechanism.

United States welcomed Viet Nam’s commitment to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The United States urged Viet Nam to consider recommendations to revise national security laws and was deeply troubled by their continued application to target dissent.

Uzbekistan noted the honest way in which Viet Nam had embraced the Universal Periodic Review process and said that the implementation of the recommendations from the second cycle would do much to improve the human rights situation in the country.

International Lesbian and Gay Association welcomed the positive steps taken by Viet Nam to protect the rights of lesbian, gay, bisexual and transgender persons and welcomed the acceptance of the recommendations to adopt a law to combat discrimination against all its citizens.

Agir Ensemble pour les Droits de l’Homme was delighted with the number of recommendations accepted, including those concerning civil society and human rights defenders. Reports about harassment continued to be received, including from those collaborating with the Council, and in recent weeks security forces had beaten and intimidated dozens of bloggers and human rights defenders.

Human Rights Watch said Viet Nam imprisoned critics, including human rights activists. Viet Nam had failed to fulfil many promises made in 2009 and if it wanted to engage constructively in the review process, the Government should stop sending the message that repressive laws and the detention of critics were its response to peaceful demands for fundamental human rights.

Amnesty International welcomed the early release of several prisoners of conscience in April 2014; however, the continued detention of scores of other men and women, including bloggers, political and religious activists, among others, was deeply disappointing. Amnesty also called on the Government to introduce a moratorium on executions as a step towards the abolition of the death penalty, as recommended by 18 States during the review.

International Association of Democratic Lawyers said it had been working closely with its affiliates in an effort to seek remedies for victims of the use of Agent Orange, which to date had received no compensation or any humanitarian aid from the United States. Viet Nam was called upon to do whatever it could to assist Agent Orange victims in their fight for justice.

Viet Nam Family Planning Association said that in recent years the Government of Viet Nam’s programme of family planning had gained important achievements and assisted in moving towards achievement of the Millennium Goals. Viet Nam was encouraged to focus on rural adolescents and ensure access to counselling and friendly service on sexual and reproductive health and family planning.

World Peace Council stressed that the 1992 Constitution ensured people’s equal rights in all areas, including the right to freedom of movement, the right to work, the right to study and the right to health care. Viet Nam’s huge efforts for victims of toxic Agent Orange, which resulted still today in health consequences for new generations and new-born children, were emphasized.

British Humanist Association acknowledged Viet Nam’s acceptance of many recommendations on freedom of expression and hoped that Viet Nam would work to better the current deplorable situation. The broad legal framework for silencing expression in Viet Nam stood at odds with international standards. It was urged to translate the acceptance of recommendations into tangible change.

Viet Nam Peace and Development Foundation said that the Government of Viet Nam had maintained peace and stability, improved living conditions and was working on building a state of law. The Vietnamese people had been actively engaged in the recent constitutional reform and had had a chance to be involved in a genuine dialogue with the authorities.

United Nations Watch said that he had left the Communist Party in 1986 to denounce human rights violations. There was no political freedom, as all candidates for election were preselected by the ruling party, and dissidents bringing the system into question were frequently harassed or imprisoned. The Communist Party was determined to maintain dictatorship at all costs and by using all means.

NGUYEN TRUNG THANH, Permanent Representative of Viet Nam to the United Nations Office at Geneva, stated that through the successful and engaging exercise, Viet Nam was ever more convinced that the Universal Periodic Review was the optimal way for improving human rights while respecting sovereignty of all Member States. The Government would spare no effort in the implementation of the recommendations, and would continue to stand ready to have a dialogue and share experiences with the view of improving the overall conditions of human rights in Viet Nam. Some unbalanced information presented at the Council ignored the developments on the ground. Human rights violations had to be dealt with in accordance with the law. Viet Nam was grateful for the enthusiastic support for the promotion and protection of human rights in the country.

The President of the Council said Viet Nam had received 227 recommendations, out of which 182 enjoyed support of Vietnam, and 45 had been noted.


For use of the information media; not an official record

HRC14/080E