HUMAN RIGHTS COUNCIL ADOPTS UNIVERSAL PERIODIC REVIEW OUTCOMES ON ERITREA, CYPRUS AND DOMINICAN REPUBLIC

The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review process on Eritrea, Cyprus and the Dominican Republic.

Girmai Abraham, Economic Advisor, Ministry of National Development of Eritrea, said the Working Group on the Universal Periodic Review presented Eritrea with 137 recommendations during the session. Among the recommendations accepted was accession to the Convention on the Rights of Migrant Workers; ratification of the ILO Convention on the worst forms of child labour; the establishment of an independent national human rights institution; and recommendations on children's rights; on female genital mutilation; and on domestic and sexual violence. Eritrea welcomed partnerships that enhanced its human capacity and helped with its efforts to protect and promote the rights of its citizens. Among the recommendations rejected was the abolishment of the death penalty; the issuing of a standing invitation to Special Procedures; and same-sex activity between consenting adults.

During the discussion on Eritrea, speakers noted that Eritrea was the victim of an unfair international economic order and it was working on the promotion and protection of the human rights of its people. They welcomed Eritrea’s decision to allow official visits by international human rights organizations. Some noted with concern that the Government continued to arbitrarily arrest, detain, abuse and torture political dissenters, religious adherents and independent journalists. The criminalization of consensual same sex conduct was also an issue of concern. Such provisions were a violation of human rights laws and a major threat to public health. Eritrea's unwillingness to allow freedom of expression was an obstacle to democratic progress throughout the country. Some countries also pointed out that violations of the freedom of religion and worship remained commonplace.

The following country delegations took the floor in the discussion on Eritrea: Cuba, United States, Saudi Arabia, Italy and Algeria. The following national human rights institutions and non-governmental organizations (NGOs) also participated in the discussion: Network of African Human Rights Institutions, Reporters Without Borders, International Fellowship of Reconciliation, Human Rights Watch, Interfaith International, Canadian HIV AIDS Legal Network, Conscience and Peace Tax International.

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

Leda Koursoumba, Law Commissioner of Cyprus, said Cyprus was present today because it took its international commitments seriously, particularly with regard to human rights, among which the Universal Periodic Review was potentially the most promising, thanks to its peer review character. Although it accepted the overwhelming majority of recommendations, Cyprus could not accept those relating to migrant workers and their families. A number of recommendations were not confined to the human rights perspective but were linked to the country’s political matters. The rights of children were of prime concern. The Government was committed to constantly reviewing that matter. The issue of gender equality and women was of prime concern and Cyprus was dealing with it at the highest level.

During the discussion on Cyprus, speakers noted that the Universal Periodic Review, as the most important mechanism of the United Nations human rights system, must avoid politicisation and remain impartial. The report to be adopted included important recommendations aimed at protecting and promoting human rights, and the concerned authorities should focus on their implementation. Speakers also noted that Cyprus had participated constructively in all phases of the Universal Periodic Review. Since 2004, a law preventing discrimination for all vulnerable groups had existed in Cyprus, for which it was commended. Nonetheless, scientific research by an Ombudsman in 2006 had shown that many homophobic attitudes still prevailed in Cypriot society.

The following countries took the floor in the discussion on Cyprus: Turkey, India, Algeria, Greece, United States, Armenia and the Russian Federation. The following NGOs also took the floor: Interfaith International, International Lesbian and Gay Association – European Region.

Rhadys Abreu de Polanco, Ambassador in charge of the Human Rights Section for the United Nations System, Ministry of Foreign Affairs of the Dominican Republic, said the Working Group had come up with 73 recommendations and the Dominican Republic had accepted 67 of them. On the recommendations on gender, the Dominican Republic had a national equality and gender equity plan, which was a tool for applying public policies and allowed for State actions with a gender approach. With regard to recommendations on education, the Dominican Republic saw high-quality education that provided for equity as the cornerstone of the educational system of the country. As for the recommendation concerning illicit smuggling of migrants and trafficking in persons, it had a law criminalizing such activities and measures had been taken to guarantee the rights of those persons in accordance with international standards.

In the discussion on the Dominican Republic, speakers said the review gave an opportunity for Council members to acquaint themselves with progress made in the area of social rights in the Dominican Republic. Efforts made by the Dominican Republic were truly outstanding, and its actions bore out the resolve of the Government to protect and promote the human rights of its citizens. They urged the Dominican Republic to implement the work of the national commission to combat human trafficking and people smuggling as well as the national gender equality and equity plan. Measures the Dominican Republic had taken to help families in a precarious situation, eradicate hunger and tackle poverty were further noted with satisfaction.

Venezuela, Cuba, Algeria, United States, Haiti and Morocco spoke in the discussion on the Dominican Republic. The following NGOs also took the floor: Canadian HIV AIDS Legal Network, Amnesty International, Conectas Direitos Humanos, and Action Canada for Population and Development.

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

The Council will meet again at 3 p.m. this afternoon when it will discuss and adopt the outcomes of the Universal Periodic Review on Cambodia, Norway and Albania.


Consideration of Outcome of Universal Periodic Review on Eritrea

GIRMAI ABRAHAM, Economic Advisor, Ministry of National Development of Eritrea, said the Working Group on the Universal Periodic Review presented Eritrea with 137 recommendations during the session. In its report, Eritrea grouped these into 28 clusters, and accepted close to 50 per cent of the recommendations - around 15 per cent did not enjoy the support of the State. Explanation was provided for accepting and rejecting some, but not for others. About 40 per cent were not labelled accepted or rejected, but Eritrea made as clear a statement as it could about its position on these recommendations. The speaker then read the list of recommendations, saying whether it was either accepted, rejected, or did not receive the support of Eritrea. Among the recommendations accepted was accession to the Convention on the Rights of Migrant Workers; ratification of the ILO Convention on the worst forms of child labour; the establishment of an independent national human rights institution; on children's rights; on the right to life and physical integrity; on female genital mutilation; on domestic and sexual violence; on the rights of returnees; on social services, poverty reduction, and the Millennium Development Goals; and on the Universal Periodic Review and technical assistance, as Eritrea welcomed partnerships that enhanced its human capacity and helped with its efforts to protect and promote the rights of its citizens.

Among the recommendations rejected was the abolishment of the death penalty; the issuing of a standing invitation to Special Procedures; same-sex activity between consenting adults, which was in direct contradiction with the values and traditions of the Eritrean people; on torture and physical abuse, as the former was illegal, and there were no detention centres in the country; and on national service, as the State considered as sacred its Constitutional duty to defend the country's borders and independence, and national service was established with that situation in mind, and Eritrea was still endangered by the behaviour of its neighbour.

PABLO BERTI OLIVA (Cuba) said Cuba was grateful for the presentation of Eritrea which enlightened about efforts and actions undertaken by that country to implement the recommendations it had received during its Universal Periodic Review examination. Cuba viewed positively that the Government of Eritrea had accepted the recommendations of Cuba, particularly the recommendation on the improvement of the quality and accessibility to health services for all of its citizens. Eritrea was the victim of an unfair international economic order and it was working on the promotion and protection of the human rights of its people. It had made some progress regarding education. The budget for education could be doubled and actions to tackle poverty could be stepped up. Cuba also urged developed countries to double their financial contribution to Eritrea.

PAUL KRUCHOSKI (United States) said the United States welcomed Eritrea’s decision to allow official visits by international human rights organizations. It noted with concern that the Government continued to arbitrarily arrest, detain, abuse and torture political dissenters, religious adherents and independent journalists. The United States requested Eritrea to give due consideration to conduct a national review to examine the need to maintain the national state of emergency that had curbed its citizens’ basic human rights.

ABDULAZIZ ALWASIL (Saudi Arabia) said the statement by Eritrea this morning clarified the position of Eritrea on the recommendations made during the Universal Periodic Review. The views of Eritrea on the recommendations and conclusions in the report reflected the positive engagement with the Human Rights Council mechanisms and the acceptance of a large number of recommendations showed Eritrea's cooperation with all special mechanisms and procedures of the Human Rights Council, and its commitment to continuing dialogue on human rights, showing its keenness to uphold and develop economic, social and cultural rights and civil and political rights for all in Eritrea. The review of the situation of human rights was an opportunity to learn of efforts by the country to develop laws and institutions to protect and promote human rights. The Government should pursue such efforts.

ROBERTO VELLANO (Italy) said Italy was part of the troika during the Universal Periodic Review of Eritrea and could witness that country’s commitment, which was an encouraging signal of the importance Eritrea rightly attributed to the process. In fact, Eritrea had been open to suggestions and recommendations that had been put forward by different members of the Working Group. Italy expressed the hope that Eritrean authorities would take positive encouragement from that process. However, it noted with concern that Eritrea had not yet provided a clear response on which recommendations were accepted and which were not. Italy in that regard recalled that it was in the interest of both the State under review and of the whole Universal Periodic Review process to have a clear picture of the status of different recommendations. That was also a necessary condition to have a meaningful follow-up of that exercise, and Eritrea was therefore encouraged to consider as a matter of priority to provide replies on all recommendations received.

SIM MELLOUH (Algeria) thanked Eritrea for the update on the human rights situation there since the Universal Periodic Review in November 2009. This was a testimony of its will to promote and to protect human rights. Algeria congratulated Eritrea for its positive reaction to the recommendations given to it by the Council. For its part, Algeria had suggested setting up national non-governmental organizations and promoting the rights of women. Eritrea had committed to further improve existing programmes on children. Algeria welcomed the country’s readiness to build partnership to enhance human development in order to realize the full enjoyment of human rights by its citizens.

AMINCI LEMRINI, of Network of African Human Rights Institutions, said the Network of African Human Rights Institutions welcomed the conclusions of the Universal Periodic Review, including the recommendation calling for the establishment of an independent national human rights institution in agreement with the Paris Principles. The recommendations also called for an independent judiciary, freedom of the press and of assembly - these would contribute to improving the state of human rights in Eritrea, which should create partnerships with a view to receiving technical assistance to improve human rights through implementing the recommendations issued from the Universal Periodic Review. The Network of African Human Rights Institutions was ready to work closely in cooperation with the Eritrean Government to establish mechanisms allowing for the establishment of an independent national human rights institution.

GEORGE GORDON-LENNOX, of Reporters Without Borders, said approximately 30 journalists were languishing in Eritrean prisons without being convicted of any crimes. However, the Eritrean delegation had asserted during its 2009 Universal Periodic Review that no one was imprisoned simply for expressing his opinion in that country. Reporters without Borders urged the Human Rights Council to energetically condemn the detention situation in Eritrea, which was all the more revolting as the Government refused to give any information on the plight of detainees.

MICHEL MONOD, of International Fellowship of Reconciliation, said in Eritrea, those who evaded national service were treated cruelly. National service consisted of 12 a month deployment. However, after completing the compulsory period, that could be extended until the age of 50. Conscripts could spend 10 years or more in service. The indefinite nature of it and the punishment of those who did not participate violated the provisions of Eritrea’s Constitution and international law. The consequences for Eritrea were disastrous. Since everyone must serve, no family was unaffected by the consequences of the national service policy. International Fellowship of Reconciliation hoped that Eritrea would find reconciliation with neighbouring countries so that people would live in peace in their country.

PHILIPPE DAM, of Human Rights Watch, said Human Rights Watch welcomed Eritrea's continued engagement with the United Nations human rights mechanisms. Eritrea should take immediate and meaningful steps in implementation of the Universal Periodic Review recommendations and issue a standing invitation to the Special Procedures, and implement its Constitution which included strong protection for human rights. The reality was not as the delegation had claimed, as Eritreans continued to be tortured and illegally arrested and detained due to their political position or unwillingness to submit to national service. All detainees should be released or brought to trial. There was concern for secret and non-detention facilities without access to appropriate medical care, or access to family and lawyers. Independent and national monitors should be able to access the area. Those guilty of human rights violations in the military should be punished and should not enjoy impunity. Eritrea's unwillingness to allow freedom of expression was an obstacle to democratic progress throughout the country. Violations of the freedom of religion and worship remained commonplace.

BIRO DIAWARA, of Interfaith International, in a joint statement, said the presence of the Eritrean delegation attested to the beginning of dialogue not only with the mechanisms of the Council but also with the international community. However, since Eritrea had rejected half of recommendations, Interfaith International was left perplexed as to the implementation of those recommendations. The organization was also alarmed by the proliferation of training camps acting as a base for certain military groupings that spread terror in the Horn of Africa. Interfaith International appealed to Eritrea to cooperate fully with the international community with a view to put an end to the instability that affected the sub-region, also calling on the Government to free members of the press and implement regulations concerning human rights bodies.

ROWLAND JIDE MACAULAY, of Canadian HIV AIDS Legal Network, said the criminalization of consensual same sex conduct was an issue of concern. Such provisions were a violation of human rights laws and a major threat to public health. While Canadian HIV AIDS Legal Network appreciated the sensitivity of the issues, it reminded the Government that its primary obligation was to respect international law. The current law was likely to exacerbate incidents of harassment, abuse, arbitrary arrests and unlawful detentions of homosexual people. Such laws would pose a threat to public health as they frustrated creating access to HIV prevention and awareness programmes for men who had sex with men. Canadian HIV AIDS Legal Network urged the Government to repeal all laws that criminalized sexual activity between consenting adults of the same sex.

DEREK BRETT, of Conscience and Peace Tax International, said Eritrea rejected all recommendations relating to military service, except for those it included under "domestic and sexual violence", but even under that it did not cover those in the military forces. This did nothing to add to national solidarity. Eritrea may quibble with the fact that it did not recruit those under 18, but this was no reason not to protect them. Those who were conscientious objectors were imprisoned, and not released. Eritrea said it did not detain people for their religious views, but for treason and threatening national security - presumably this included those Jehovah's Witnesses imprisoned since 1994. The missions which had participated in the Universal Periodic Review must have become aware of the dire situation of human rights in Eritrea, and should send messages to their capitals to receive all Eritrean refugees who had fled their country.

GIRMAI ABRAHAM, Economic Advisor, Ministry of National Development of Eritrea, in concluding remarks, expressed gratitude for the recommendations and comments that had been made. The short time did not allow Eritrea to address all issues raised in today’s discussion, but the delegation believed that all issues had been adequately addressed in the report and the responses attached in addendum to the report, among others. Eritrea believed that the promotion and protection of human rights was a process that could only be achieved over time, which involved struggle and paying a price. Eritrea believed that it was successfully engaged in that process and that the progress made in various areas was concrete testimony of Eritrea’s commitment to the promotion and protection of the rights of its citizens. Nevertheless, Eritrea recognized the challenges it faced in the human rights area. Those challenges primarily emanated from Eritrea’s insufficient capacity and the interference of some outside forces in its domestic affairs. Despite those challenges, the people and Government of Eritrea were committed to promote and protect human rights and to engage with the international community on the basis of mutual respect. As for the recommendations made, those had many parts, Mr. Abraham underscored. For example, one recommendation stated that clear orders must be given to Eritrean security forces on specific topics, but Eritrea already had laws regulating the behaviour of its security forces. It was therefore difficult to say that it rejected or accepted that recommendation. In fact, several recommendations did not lend themselves neither to be accepted nor rejected.

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

Consideration of Outcome of Universal Periodic Review on Cyprus

LEDA KOURSOUMBA, Law Commissioner of Cyprus, said Cyprus was present today because it took its international commitments seriously, particularly with regard to human rights, among which the Universal Periodic Review was potentially the most promising, thanks to its peer review character. As a State under review, Cyprus had taken a critical look at itself in terms of challenges it faced, naturally expecting to be treated in line with the Universal Periodic Review process. That had not been the case. Despite taking the decision to respond, the response to the recommendations was without prejudice to the report of the Working Group Universal Periodic Review group. Although it accepted the overwhelming majority of recommendations, Cyprus could not accept those relating to migrant workers and their families. A number of recommendations were not confined to the human rights perspective but linked to the country’s political matters. Cyprus had received all recommendations with an open spirit to further enhance human rights protection and to enhance their enjoyment.

Through that process, despite progress, additional effort was required to meet challenges in the field of human rights, as reflected in the number of recommendations Cyprus had accepted. The Government undertook to make its national human rights institutions fully compatible with the Paris Principles. Cyprus reiterated that it had already ratified the Optional Protocol on the Convention against Torture. The rights of children were of prime concern. The Government was committed to constantly review that matter. The issue of gender equality and women was of prime concern and Cyprus was dealing with it at the highest level. A Ministerial Committee on Gender Equality had been set up recently to review certain measures in that regard. In relation to domestic violence, the efforts of governmental and non-governmental agencies were currently being revised to render the process more effective. Cyprus was determined to prevent and combat human trafficking for sexual or labour exploitations. Cyprus would like to extend an open invitation to countries of origin for cooperating in combating the problem of human trafficking. The constant influx of irregular migrants posed challenges and had placed a strain on Cyprus’s finances in the last decade. Cyprus was conscious of the human dimension of migrants. It was at the Council’s disposal for providing further clarification on issues the Council may wish to raise.

ASLIGUL UGDUL (Turkey) said Turkey viewed the Universal Periodic Review as the most important mechanism of the United Nations human rights system, and that it must avoid politicisation and remain impartial. Appeals in this direction should discourage countries under review from pursuing their political goals, and they should refrain from accusing other countries in their oral and written presentations. This practice should endure, and no precedents should be set, but an unusual treatment was being applied to the country under review. Turkey would further elaborate on its views of the Universal Periodic Review of Cyprus under agenda item six. There were incorrect statements in the written statement issued by the country under review. The report to be adopted included important recommendations aimed at protecting and promoting human rights, and the concerned authorities should focus on their implementation.

GOPINATHAN ACHAMKULANGARE (India) said Cyprus had decided not to be present at the time of the adoption of the report of its Universal Periodic Review by the Working Group on 4 December 2009. India believed that the Council had failed in their collective responsibility to ensure that things did not come to such a pass, and underscored that the Council should have allowed more time for consultations before the adoption of the Working Group’s report. Further, India was of the view that the Universal Periodic Review by the Working Group in the absence of the State under review had set a difficult precedent with wide-ranging implications. Also, while respecting and valuing the principle of freedom of expression during the interactive dialogue under the Universal Periodic Review, India underscored that it was equally important to emphasize that such freedom must be exercised specifically and only within the ambit and the purpose of the Universal Periodic Review, that was, the State under review.

IDRISS JAZAIRY (Algeria) said Algeria expressed its appreciation for the interest Cyprus had shown in its recommendations. Nonetheless, Cyprus had not retained the one on migrant workers and their families. Algeria regretted that Cyprus was not able to accept to continue efforts to promote if not ensure freedom of movement. The adoption of the report on Cyprus by the Working Group on the Universal Periodic Review had left them in a difficult situation. It was incumbent on the Council to avoid such situations. Algeria supported adopting the outcome of the Universal Periodic Review on Cyprus.

GEORGE J. KAKLIKIS (Greece) said Greece congratulated the Government of Cyprus for having participated constructively in all phases of the Universal Periodic Review, and for having shown a constructive spirit in accepting all but one of the recommendations made. Greece regretted that it observed during the session of the Review that the very existence of a State was called into question, as well as its territorial integrity, which was something that lay outside of the resolutions establishing the Universal Periodic Review. The Universal Periodic Review should deal only with human rights.

NASREEN BUDAT (United States) said the United States favorably noted the establishment of the Directory of Professional Standards by the Government of Cyprus. The United States believed that was an important step for the training of police on issues concerning human rights, racism and diversity and encouraged Cyprus to ensure application of these professional standards as a mechanism for promoting accountability among security forces. The United States also welcomed the steps Cyprus had taken in tackling issues of gender inequality and domestic violence, and it applauded the establishment of the Women’s Multicultural Centre to raise finances for community initiatives as well as the increased financial and administrative support of the National Machinery for Women’s Rights. The United States would appreciate Cyprus’ continued attention on the recommendations concerning discrimination, particularly against Turkish Cypriots living in Government-controlled areas; Roma and other ethnic minorities; and violence and intolerance directed at lesbian, gay, bisexual or transgender individuals.

VAHEH GEVORGYAN (Armenia) extended Armenia’s warm welcome to Cyprus, thanking it for its insightful presentation. One should recognize that Cyprus was genuinely committed to international cooperation. Armenia stressed how this exercise showed that the international community had recognized Cyprus’s accomplishments in human rights. It commended the readiness with which Cyprus had accepted the overwhelming majority of recommendations. Wishing it success in implementing the recommendations, Armenia believed Cyprus would continue that example of self-examination towards further strengthening its human rights protection policies.

GRIGORY LUKIYANTSCO (Russian Federation) said the Russian Federation welcomed the participation of Cyprus in the Universal Periodic Review, and took note of the constructive approach shown concerning most of the recommendations, and the will of Cyprus to follow a procedure allowing it to strengthen human rights without any discrimination whatsoever. The intention of implementation of human rights standards at the international level was recognised, and this showed Cyprus' intention to respect its human rights obligations. The Russian Federation noted that the delegation had responded positively to the indications given during the session as to the strengthening of democratic procedures and the harmonisation of its legislation on the protection of human rights. The Russian Federation was convinced that the Universal Periodic Review procedure was an inter-Governmental mechanism aimed at enhancing cooperation. The Russian Federation counted upon continued positive interaction with Cyprus, and wished to stress that on several occasions it had noted that the settlement of problems, particularly humanitarian problems, should be in conformity with the relevant Security Council resolutions and of the United Nations at large, whilst bearing in mind the position of the Cypriot communities.

BIRO DIAWARA, of Interfaith International, said Interfaith International hoped that the foundation could be laid for the unification and reconciliation among the various families of that beautiful island. Interfaith International was surprised by Cyprus’ absence on the day the report of the Working Group had been adopted. It concluded by words of encouragement to Cyprus to ensure favorable conditions that made it possible for the faithful to live their faith and visit holy places, and that Cyprus combat trafficking by setting up mechanisms for the re-integration of victims into social life as well as their rehabilitation.

BJORN VAN ROOSENDAAL, of European Region of the International Lesbian and Gay Association, said the International Lesbian and Gay Association wholeheartedly subscribed to the Working Group’s recommendation that Cyprus should reinforce existing non-discrimination legislation and that it should take measures to prevent that on grounds of sexual orientation. It commended Cyprus for accepting that recommendation. Since 2004, a law preventing discrimination for all vulnerable groups had existed in Cyprus. The International Lesbian and Gay Association commended Cyprus in that regard. Scientific research by an Ombudsman in 2006 had shown that many homophobic attitudes still prevailed in Cypriot society. While recognizing that the area of Northern Cyprus fell outside the effective control of the Government, the International Lesbian and Gay Association reminded the Council that homosexual acts were still criminalized there.

LEDA KOURSOUMBA, Law Commissioner of Cyprus, said Cyprus welcomed the comments made by States and non-governmental organizations today, and they would all be taken into consideration. Cyprus thanked the States which had contributed to the Universal Periodic Review process with genuine human rights objectives. On the position on the recommendations which had neither been adopted nor rejected, Ms. Koursoumba said Cyprus took note of the recommendations for the time being.

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

Consideration of Outcome of Universal Periodic Review on Dominican Republic

RHADYS ABREU DE POLANCO, Ambassador in Charge of the Human Rights Section for the United Nations System, Ministry of Foreign Affairs of the Dominican Republic, thanked all States and non-governmental organizations for the interest they had shown in the Universal Periodic Review of the Dominican Republic. The Dominican Republic was truly committed to this mechanism for the transparency it entailed. The Working Group had come up with 73 recommendations and the Dominican Republic had accepted 67 of them. With regard to the recommendations on the signing and ratification of certain human right treaties, conventions and protocols, the Dominican Republic was party to most of those. For those it was not yet party to, it had continued analyzing them to achieve a satisfactory conclusion in line with international standards. Turning to the issue of child exploitation, including prostitution and pornography, the Dominican Republic had in place law 137-03 as well as its operational structures, including the National Commission against Trafficking and Smuggling in Persons and the Inter-institutional Commission against child abuse and sexual abuse of children and adolescents, among others.

On the recommendations on gender, the Dominican Republic had a national equality and gender equity plan, which was a tool for applying public policies and allowed for State actions with a gender approach. The objective was to build up relationships of equality and equity among men and women. With regard to recommendations on education, the Dominican Republic saw high-quality education that provided for equity as the cornerstone of the educational system of the Dominican Republic. The educational law of the Dominican Republic stipulated that quality of education was the hallmark of the Dominican Republic’s educational system. As for the recommendation concerning illicit smuggling of migrants and trafficking in persons, the Dominican Republic had a law criminalizing such activities and measures had been taken to guarantee the rights of those persons in accordance with international standards. Concerning recommendations on extrajudicial executions, in cases where that had taken place the Dominican Republic had entrusted judicial organs and other entities to sanction perpetrators.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) expressed Venezuela’s gratitude for the presentation by the Dominican Republic. The Dominican Republic had given its full cooperation to the promotion and protection of human rights. The new Constitution, which came into force in early 2010, was the fruit of dialogue and consensus among the people. The Review gave an opportunity for Council members to acquaint themselves with progress made in the area of social rights. Venezuela expressed its satisfaction at the Dominican Republic’s efforts in combating exclusion and poverty and encouraged it to continue in that direction, to ensure human rights prevailed throughout its territory.

PABLO BERTI OLIVA (Cuba) said the presentation showed the efforts and actions taken by the Dominican Republic to fulfil the recommendations, many of which had been accepted. The efforts made by the Dominican Republic were truly outstanding, and its actions bore out the resolve of the Government to protect and promote the human rights of its citizens, in difficult circumstances that were exacerbated by international crises, and under the threat of natural disasters such as hurricanes. The Government could now show positive results, including efforts to eliminate all forms of discrimination, including against women, through the adoption of a national plan for gender equality. There were also programmes to tackle exclusion and the lack of attention being paid to the most impoverished sections of the population. Some of these were the point of recommendations made by Cuba. The Dominican Republic was also committed to human rights internationally, as shown by its action in Haiti following the earthquake there this year. The Government should continue its efforts in the field of human rights with practical and legal actions, and Cuba wished to reaffirm its support for the Dominican Republic.

IDRISS JAZAIRY (Algeria) said Algeria appreciated the Dominican Republic's commitment to the Universal Periodic Review process and its openness in dealing with the recommendations submitted, and commended the national report for recognising that inequality was a historical characteristic of the socio-economic makeup of the Dominican Republic. Algeria also appreciated that its recommendation in favour of promoting equality within the population had been accepted, and it encouraged the Government to further consolidate its policy by acceding to the United Nations Convention against Corruption. Algeria welcomed the announcement that the Dominican Republic was working towards ratifying the Convention on the Protection of the Rights of all Migrant Workers. This example should be followed by more advanced countries which claimed leadership in human rights but which were still reluctant to ratify this core human rights instrument. The commitment of the Dominican Republic to protect and promote human rights was undoubted.

JOHN MARIZ (United States) congratulated the Dominican Republic and the final outcome of the Universal Periodic Review. The United States praised the efforts of the Dominican Republic to bolster efforts in human rights. It also urged the Dominican Republic to implement the work of the national commission to combat human trafficking and people smuggling as well as the national gender equality and equity plan. The United States appreciated that the country was the first to respond to the earthquake in Haiti. It shared concerns over child labour, the reform of the migratory system and the need to punish domestic violence. The United States supported recommendations that the country should consider favourably the request for a visit by the Special Rapporteur on extra judicial, summary or arbitrary executions.

FRANTZ DORSAINVILLE (Haiti) said Haiti welcomed the delegation of the Dominican Republic, and thanked the Government for having accepted its recommendations on the re-launch of the Joint Haitian-Dominican Commission, which was an important consultative and negotiation mechanism between the two countries. Unfortunately, the earthquake that had struck Haiti in January could cause a slow-down in the process of restarting the activities of the Commission. Haiti wished for the discussions to start again, and based its hopes on the good will of the Government of the Dominican Republic in this regard. Following the black day that was 12 January 2010, the Dominican Republic had shown a good example of solidarity and fraternity by taking into its hospitals many Haitians who had been wounded. It had also been collaborating with MINUSTAH and Interpol to relocate criminals who had escaped during the earthquake. Haiti's Government and people were grateful to the Dominican people and Government and hoped that this would deepen relations between the two countries, and put in place an irreversible period of harmonious and durable relations between the two peoples.

MOHAMED ACHGALOU (Morocco) said there was nothing that better illustrated the determination of the Dominican Republic to strengthen its promotion and protection of human rights in the spirit of transparency and objectivity than its acceptance of a significant number of recommendations that had been made during the Universal Periodic Review. That deserved the attention of the Human Rights Council and the international community. The measures the Dominican Republic had taken to help families in a precarious situation, eradicate hunger and tackle poverty, were further noted with satisfaction by the Moroccan delegation. Also, the constant efforts of the authorities of the Dominican Republic in the field of the protection of vulnerable groups through innovative measures, as well as the positive actions adopted with regard to women and children, were testimony of the Dominican Republic’s firm commitment to continue promoting the rights of these people. A substantial technical assistance of the international community was needed and justifiable in that regard.

JOHN FISHER, of Canadian HIV AIDS Legal Network, welcomed the constructive participation of the Dominican Republic in the Universal Periodic Review process. However, it regretted that its response to 30 recommendations was still not available, as of this morning. The Canadian HIV AIDS Legal Network had not found a response after resorting to numerous means. It asked the delegation if it would accept recommendations 25 in paragraph 88 to end discrimination against gays, lesbians, bisexuals and transsexuals. It also urged the Government to include sexual orientation and gender identity in equality and non-discrimination policies and programmes.

MARIANNE LILIEBJERG, of Amnesty International, said Amnesty International welcomed the Dominican Republic's commitment to promptly designate the person who would occupy the position of Ombudsman, which should help improve the national system of protection and promotion of human rights. Amnesty International noted the country's support of recommendations related to improving the legislative and policy framework for the protection of women and girls from violence, and urged their early and full implementation, as well as the Government's commitment to adopt comprehensive strategies to combat racism. However, Amnesty International regretted that the Government did not support the recommendation to adopt measures to ensure that Dominicans of Haitian descent were not denied citizenship and not arbitrarily subjected to retroactive cancellation of birth and identity documents. Given the high number of allegations of human rights violations committed by members of the security forces, Amnesty International welcomed the support of the recommendation to invest in and upgrade human rights training of the police and staff of penal institutions, and urged it to investigate all reports of human rights violations.

AMBIORIX BRITO, of Conectas Direitos Humanos, commended the authorities of the Dominican Republic for giving priority to setting up an Ombudsman office. However, it was worrying that the Government refused to accept some important recommendations resulting from the Universal Periodic Review, for example that of the United Kingdom relating to impunity and killings by its security forces. Dominant justice was not fully complied with, the organization observed. It strongly urged the Dominican Republic to accept and implement all recommendations relating to the right of vulnerable people, including various minorities. If the Government had a true will to change the situation in the country it could count on the full support of Conectas Direitos Humanos.

SANDEEP PRASAD, of Action Canada for Population and Development, speaking on behalf of two non-governmental organizations, welcomed the Dominican Republic’s acceptance of recommendations of a large number of Universal Periodic Review recommendations, many of which related to the human rights of women and the elimination of violence against women. It called on the Government to assign a greater budget to public policy to promote women’s rights. It underscored the importance of recommendations 26 of paragraph 88, urging the Government to ensure a wide interpretation of Article 37 of the New Constitution on the right to life from conception to death. The Dominican Republic must ensure that it included exceptions to the criminalization of abortions. Those would contribute to decreasing maternal mortality and to protecting women’s right to health.

HOMERO LUIS HERNANDEZ SANCHEZ, Permanent Ambassador of the Dominican Republic to the United Nations Office at Geneva, said the Dominican Republic wished to thank the speakers who had taken the floor and recognized the Government's efforts in the field of human rights. The Government acknowledged and congratulated the NGOs for the work done for human rights. The Dominican Republic, a small and developing yet sovereign country had a Constitution that was recently reformed on the basis of a national dialogue with the participation of all sectors. The Constitution clearly indicated how the Government and people should be ruled- this was not subject to interpretation.

RHADYS ABREU DE POLANCO, Ambassador in charge of the Human Rights Section for the United Nations System, Ministry of Foreign Affairs of the Dominican Republic, said that the Dominican Republic had never rejected any request for a visit by a Special Procedure, but it did need to agree on the dates in order to ensure that the visit was successful. In connection with the setting-up of an independent national mechanism in accordance with the Paris Principles, in previous meetings, the Dominican Republic had preferred to use the Vienna principles, and had set up such an institution, with the same objectives as any that was set up under the Paris Principles. The Constitution was new, but stipulated equality between men and women in daily life. There was no prohibition on marriage between persons of the same sex, but the Constitution did say that the family was made up of a man and a woman. The article stipulating the protection of a life from the moment of conception was the same text as used in international agreements. The Dominican Republic wished to state its gratitude for the participation of all countries and organizations who had shown an interest in improving the human rights record of the country, and it was the Government's policy to continue to cooperate with all international organizations with the aim of strengthening human rights and complying with the requirements set out in the Universal Declaration of Human Rights and with all other international conventions and the principles set out in the Constitution. With regard to the recommendations on which the Dominican Republic had not pronounced itself, Dr. Abreu de Polanco said there were no such recommendations, they had either been accepted or rejected.

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


For use of the information media; not an official record


HRC10/034E