مجلس حقوق الإنسان يعتمد نتائج الاستعراض الدوري الشامل المتعلق بالمغرب وجمهورية الكونغو ومالطة

MORNING

21 March 2014

The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review of Monaco, the Republic of Congo and Malta. The President noted that out of 81 recommendations, Monaco had accepted 51 and taken note of the rest; out of 171 recommendations made to the Republic of Congo, 164 had been accepted and the rest had been noted; and out of 134 recommendations made to Malta, it had accepted 73 and taken note of the remainder.

Carole Lantieri, Permanent Representative of Monaco to the United Nations Office at Geneva, said that the Monaco was already started to implement a large number of accepted recommendations and had established in 2013 the High Commission for the protection of rights, freedoms and media. Of the recommendations received, Monaco did not support 11 recommendations as they appeared to not be appropriate to Monaco’s situation or because different mechanisms were used to achieve those objectives.

In the discussion on Monaco, speakers welcomed the establishment of a commission for the protection of rights and freedoms and commended Monaco’s commitment in the area of international solidarity with regards to societies affected by conflict. Speakers noted with satisfaction progress in a number of areas, such as on the protection of persons with disabilities, and women and children, but regretted that the recommendation on the protection of migrant workers and their families was not accepted.

Speaking in the discussion on Monaco were Nigeria, Republic of Moldova, Togo, Viet Nam, Algeria, Council of Europe and Cuba.

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

Bienvenu Okiemy, Minister for Communication and Relations with the Parliament of the Republic of Congo, said that on 14 March it had ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol. A Commission had been established to undertake large scale legal reform in the country. The status of women had improved and the legal framework protecting the rights of the child was being strengthened, including through the signature of the agreement with Benin which represented an important step forward in combating child trafficking. The country was preparing a reform of the judiciary map of the country which would create new jurisdictions in order to make the judicial system more accessible to citizens.

In the ensuing discussion, delegations said that the Republic of Congo was still in a post-conflict situation and took positive note of the measures to establish the rule of law, consolidate democracy and peace, and promote human rights. Delegations welcomed the improvement in the living conditions of the people, the progress in the eradication of poverty, and the measures to address trafficking in persons. The Republic of Congo should take advantage of its favourable economic situation to implement the accepted recommendations and further improve the socio-economic situation of its people. Speakers recognized the efforts to combat corruption and were alarmed by the persistence of this problem and its impact on the most vulnerable sectors of the population, for example, as it diverted key resources from the health system.

Rwanda, Senegal, Sri Lanka, Sudan, Togo, Venezuela, Algeria, Angola, Belarus, Benin, Botswana, Burkina Faso and Chad participated in the discussion.

The following non-governmental organizations also took the floor: Don Bosco, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, Action Internationale pour la paix et le development dans la region des Grands Lacs, Franciscans International, and Rencontre Africaine pour la defense des droits de l’homme.

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

John Paul Grech, Permanent Representative of Malta to the United Nations Office at Geneva, said that the Bill on Civil Unions would regulate civil unions between two persons of the same or different sex, while new legislation would protect all family models from discrimination. The challenges of migration could only be addressed in cooperation with neighbouring countries and the European Union; the reform of Malta’s migration and detention policies, planned by July 2015, would introduce alternatives to detention, reasons for detention of asylum applicants, and the possibility to challenge detention. Malta would be the fourth European Union Member State to ratify the Istanbul Convention on Violence against Women, while the amendment to the Criminal Code would prohibit corporal punishment in all forms, both in the home and in alternative settings.

During the discussion speakers underscored Malta’s progress in several sectors, including the promotion of equality and the protection of persons with disabilities. They expressed concern about the treatment of asylum seekers and migrants and the detention of unaccompanied children pending confirmation of age. A speaker noted the three priority areas for Malta: strengthening the rights of irregular migrants and asylum seekers; tackling xenophobia and the lack of integration of immigrants; and improving access to courts. Access to abortion was a critical human rights issue and Malta should decriminalize it.

Speaking in the discussion were Djibouti, Libya, Republic of Moldova, Togo, Algeria, Council of Europe and Cuba. Action Canada for Population and Development, Amnesty International, Rencontre Africaine pour la defense des droits de l’homme, and Human Rights Watch also took the floor.

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

In its midday meeting, the Human Rights Council will continue its general debate on human rights bodies and mechanisms it started on 19 March, to be followed by a general debate on the Universal Periodic Review.

Consideration of Outcome of Universal Periodic Review of Monaco

The Council has before it the report of the Working Group on the Universal Periodic Review on Monaco (A/HRC/25/12)

The Council has before it an addendum on the report of the Working Group on the Universal Periodic Review on Monaco (French only: A/HRC/25/12/Add.1)

CAROLE LANTIERI, Permanent Representative of Monaco to the United Nations Office at Geneva, said that Monaco had considered very carefully the comments and recommendations made during the Review. The preparation of the second Review meant most of its manpower had been mobilized and this reflected Monaco’s commitment to the promotion and protection of human rights and the Universal Periodic Review. Monaco had consulted representatives from civil society in the process. As to the 81 recommendations made, 51 were fully approved. For a number of these, implementation was already under way. In other cases, it had already taken actions and would ensure continuity in that respect. In 2013 a High Commission for the protection of rights, freedoms and media was established. It was important to underscore that the aim was for the High Commission to be surrounded by a number of relevant guarantees, such as impartiality and financial independence. Eleven recommendations were not supported, as they appeared to not be appropriate to Monaco’s situation or because different mechanisms were used to achieve those objectives. On discrimination in the field of employment, the Constitution and legislative and regulatory texts did not provide for any discrimination.

Concerning the decriminalization of defamation, this was not envisaged. Even though it was a standalone offence, this criminalization was not a hindrance to freedom of expression. On ratification of the Optional Protocol to the Convention against Torture, Monaco could not make any commitment in that it only had one detention centre, and not a fully-fledged one. Monaco was determined to cooperate with the International Criminal Court on a case by case basis, where its collaboration would be required. On accession to the International Labour Organization and some of its conventions, this raised issues with respect to the system when it came to giving priority to Monaco’s nationals in its employment system and would require an in-depth reform.

Nigeria commended Monaco’s commitment towards enshrining international human rights conventions into domestic statutes. Nigeria encouraged Monaco to remain devoted to protecting the rights of citizens and residents, and to endeavour to protect the human rights of all races within its territory.

Republic of Moldova recognised Monaco’s commitment to human rights and its participation in the review process. The Republic of Moldova hailed the establishment of a commission for the protection of rights and freedoms, and in the same spirit welcomed the acceptance of its recommendation concerning the protection of migrants.

Togo commended Monaco’s commitment in the area of international solidarity with regards to societies affected by conflict. Togo thanked the Principality for accepting most of the recommendations made as part of the review process, and congratulated Monaco for its cooperation during the process.

Viet Nam welcomed Monaco’s commitment to the promotion and protection of human rights in general and to the Review process, and expressed its appreciation for efforts undertaken and contributions to international cooperation. Viet Nam noted Monaco’s acceptance of many recommendations, including those submitted by Viet Nam.

Algeria noted with satisfaction Monaco’s constructive commitment and its acceptance of more than 50 recommendations, including one put forward by Algeria on the establishment of an independent human rights structure. However, Algeria regretted the non-acceptance of its recommendation on the protection of migrant workers and their families.

Council of Europe was interested in two priority areas, namely problems related to discrimination against foreigners and insufficient overall procedural guarantees against discrimination, and shortcomings in the prevention of corruption in public administration, transparency of legal persons and of party funding.

Cuba said that light had been shed on progress in a number of areas in Monaco, such as on the protection of persons with disabilities, and women and children. However Monaco still faced challenges and issues in the area of human rights. Monaco was encouraged to accept recommendations made by Cuba along those lines.

CAROLE LANTIERI, Permanent Representative of Monaco to the United Nations Office at Geneva, thanked the Council and the Secretariat for their contribution during the Review process, and all delegations that participated in the discussion this morning for their words of encouragement. Concerning the comments made by the Council of Europe, Ms. Lantieri noted that the Istanbul Convention was being studied and additional information had been sent.

The outcome of the Universal Periodic Review of Monaco was then adopted.

Consideration of Outcome of Universal Periodic Review of Republic of Congo

The Council has before it the report of the Working Group on the Universal Periodic Review on Congo (A/HRC/25/16)

BIENVENU OKIEMY, Minister for Communication and Relations with the Parliament of the Republic of Congo, said that of the 171 recommendations received during the second cycle of its Universal Periodic Review, the Republic of Congo had accepted 161, seven had been taken up for study and three had not enjoyed its support. Concerning the signing and ratification of international human rights instruments, Mr. Okiemy said that the Republic of Congo was already party to a great number of human rights treaties. It had ratified on 14 March the Convention on the Rights of Persons with Disabilities and its Optional Protocol and had initiated the process of ratification of the Third Optional Protocol to the Convention on the Rights of the Child on a communications procedure. A Commission had been established with the view of undertaking a large-scale legal reform which would reflect the evolution of the Congolese society and the international environment. The status of women had improved and progress had been seen in gender equality and women’s participation in public life. The Government had undertaken awareness raising campaigns among women and girls concerning their rights, health and violence against women.

The legal framework protecting the rights of the child was being strengthened and the signature of the agreement with Benin meant an important step forward in combating child trafficking. Torture was forbidden in absolute terms and when instances of torture were proven, their perpetrators were punished as per the provisions of the Criminal Code. There was an issue with prison overpopulation and a programme to build and rehabilitate prisons was underway. Prisons were open to visits by human rights non-governmental organizations and other institutions as per the legal texts on the protection of human rights. Policies to strengthen judicial institutions were being forged; at their centre was the reform of the judiciary map of the country and the creation of new jurisdictions in order to make it more accessible to citizens. The Republic of Congo was not planning to ratify the Agreement on the Privileges and Immunities of the International Criminal Court until the position of the African Union on this treaty was issued. The Republic of Congo also did not support three recommendations to issue a standing invitation to Special Procedures and said that requests for visits would receive special attention by the Government.

Rwanda appreciated the Republic of Congo’s commitment to the Universal Periodic Review process which was demonstrated by its detailed response on the recommendations issued to it during the second Review. Rwanda had taken good note of the Republic of Congo’s acceptance of a large number of recommendations, including those made by Rwanda.

Senegal welcomed the ongoing commitment and full cooperation of the Republic of Congo to the Universal Periodic Review mechanism. This attested to the country’s will and desire to pursue the promotion and protection of the full enjoyment of human rights. Senegal was convinced that the Republic of Congo would spare no efforts in implementing accepted recommendations.

Sri Lanka noted the acceptance of the recommendations it had made on unemployment and underemployment among youth, and on promoting the enrolment of girls at all levels of education. Sri Lanka recommended the adoption of the outcome report and wished the Government success in the implementation of accepted recommendations.

Sudan hailed the Republic of Congo’s commitment to cooperate on an ongoing basis with the Universal Periodic Review mechanism. It welcomed the immediate acceptance of 161 recommendations made, and understood that the Republic of Congo rejected three that were not in harmony with its national laws and its people. Senegal wished the Republic of Congo success in the promotion and protection of human rights.

Togo congratulated the Republic of Congo on its full cooperation with the Review mechanism and its commitment to the values of human rights. The second cycle had taken place in a context marked by peace, security and institutional stability. Togo called on the international community to support the implementation of the recommendations by the Republic of Congo.

Venezuela appreciated the Republic of Congo’s commitment to the Review mechanism and the responses provided by the Government. The Republic of Congo had ratified important international human rights instruments and measures had been taken in the combat of poverty, reduction of unemployment and provision of education, with successful results.

Algeria commended the Republic of Congo’s efforts in the area of human rights through a swiping structural reform and strengthening governance. The Republic of Congo had achieved worthy results in the areas of democracy consolidation, peace and the promotion of human rights. It had also undertaken efforts to promote economic, social and cultural rights.

Angola noted with satisfaction that the Republic of Congo had accepted virtually all documentation, including Angola’s recommendation. Progress had been achieved in the consolidation of peace, security and institutional stability, leading to the reinforcement of democracy, and the improvement of living conditions.

Belarus noted the constructive approach of the Republic of Congo in its interaction with the Universal Periodic Review and said that the country was still in a post-conflict situation. Belarus noted the measures taken to establish the rule of law, improve the living conditions of the people, and eradicate poverty, and said that the Republic of Congo should further strengthen its framework for the promotion and protection of human rights and international cooperation in this regard.

Benin praised the efforts of the Republic of Congo and encouraged it to pursue its achievements, particularly in the areas of education, health care, rights of women and children, and the judiciary. The Republic of Congo should step up its efforts to ratify international instruments to which it was not yet a party.

Botswana said that the acceptance of a great number of recommendations demonstrated the commitment of the Republic of Congo to the promotion and protection of human rights. Botswana noted the measures taken to address trafficking in persons, particularly women and children, and the efforts to achieve gender equality.

Burkina Faso was pleased to note the institutional stability in the Republic of Congo, which offered a stable climate for the promotion and protection of human rights. Burkina Faso also welcomed the efforts to eradicate poverty, and the fight against corruption. The Republic of Congo should take advantage of its favourable economic situation to implement the recommendations it had accepted, particularly those related to the improvement of the socio-economic situation of its people.

Chad thanked the Republic of Congo for sharing its stance on the various recommendations submitted to it during its Review. Chad congratulated the Republic of Congo for efforts made to ensure that its people enjoyed economic, social and cultural rights. Chad wished the Republic of Congo success and recommended the adoption of the outcome report.

Istituto Internazionale delle Salesiane di Don Bosco welcomed the attitude of the Republic of Congo during the Review process and the recommendations accepted to ensure birth registration that was free of charge and corruption. Attention was drawn to the education of children and young girls, as well as to the rights of persons with disabilities.

Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale noted with satisfaction the recommendations submitted to the Republic of Congo. On gender equality, it encouraged the Government of the Republic of Congo to ensure equal access to decision-making posts. It was alarmed about legal provisions and discriminatory local traditions in this regard.

Action Internationale pour la paix et le development dans la region des Grands Lacs, noted with satisfaction the commitments made by the Republic of Congo. However, it voiced major concern as to the specific implementation of these commitments, particularly on freedom of expression, barriers to the good-functioning of the judiciary, and impunity, among others.

Franciscans International applauded the fact that the Republic of Congo had accepted a great number of recommendations during the second cycle of its Review. Despite efforts to combat corruption, Franciscans International said it continued to be alarmed by the persistence of this problem and its impact on the most vulnerable sectors of the population, for example, as it diverted key resources from the health system.

Rencontre Africaine pour la defense des droits de l’homme valued the inclusive consultations undertaken by the Republic of Congo but reminded the Council that, in 2009, the Republic of Congo had accepted 51 recommendations during its first cycle which had not been implemented. Corruption in the judicial system, a culture on impunity, and other challenges prevented the implementation of recommendations.

BIENVENU OKIEMY, Minister for Communication and Relations with the Parliament of the Republic of Congo, was pleased that many delegations had expressed their support for the efforts of the Republic of Congo. The ongoing reforms in the country were being carried out to ensure the promotion and protection of human rights and that no one suffered an offence or violations. A number of mechanisms had been established to combat corruption and to bring to justice people suspected of corruption. The social contract in the Republic of Congo was founded on democracy and the law and the country was allocating substantial budgetary resources to ensure access to education and health; particular attention was paid to ensure the delivery of those services to indigenous peoples. It was essential to have high-quality human resources. The Government was doing its utmost to improve the lives of those in prisons. The Republic of Congo was a work in progress and time was needed to see concrete results; it was important to hear voices of encouragement for the policies of the Government and the people of the country.

The outcome of the Universal Periodic Review of the Republic of Congo was then adopted.

Consideration of Outcome of Universal Periodic Review of Malta

The Council has before it the report of the Working Group on the Universal Periodic Review on Malta (A/HRC/25/17)

JOHN PAUL GRECH, Permanent Representative of Malta to the United Nations Office at Geneva, said that Malta planned to set up a national human rights institution in conformity with the Paris Principles and that some of the 134 recommendations received had already been implemented or were being developed into the national policy. Malta was a party to various human rights instruments and would continue the accession process to the core human rights treaties by instituting new legislation addressing various aspects of human rights. The Bill on Civil Unions was being discussed in Parliament; it would regulate civil unions between two persons of the same or different sex and proposed that a civil union, once registered, should have the effects and consequences in law of civil marriage. While Malta was committed to sustaining the traditional family model as the fundamental unit of the society, it had embarked upon legislation that did not discriminate against any form of family model. Amendments to the Civil Code removed the legal obstacles for persons who had undergone a legally recognized change in sex. The remit of the National Commission for the Promotion of Equality had been extended and strong legislation was in place to ensure the protection and consolidation of rights of persons with disabilities.

With regard to asylum seekers, Malta said it faced disproportionate pressure because of the influx of irregular migrants and considered that its detention centres already met international standards. The challenges of migration could not be addressed by Malta acting alone but in cooperation with the neighbouring countries and the European Union. By July 2015, migration and detention policies would be reformed to ensure their compliance with the re-cast Reception Conditions Directive, and would introduce alternatives to detention, reasons for detention of asylum applicants, and the possibility to challenge detention. Several initiatives had been undertaken as a result of the National Action Plan on Combating Trafficking, including the establishment of a Human Trafficking Monitoring Committee, an awareness campaign, training activities and the adoption of National Indicators for the Identification of Trafficking Victims. Malta would be the fourth European Union Member State to ratify the Istanbul Convention on Violence against Women, while the amendment to the Criminal Code would prohibit corporal punishment in all forms, both in the home and in alternative settings.

Djibouti thanked Malta for its constructive presentation and the information provided about the status of current measures, and took note of the clarifications concerning the holding of migrants in its territory. Djibouti encouraged Malta for efforts undertaken and appealed to the international community to continue to support efforts in the area of migrants.

Libya thought highly of Malta’s efforts to advance human rights and promote them through relevant legislation. Libya recognised Malta’s effort to accede to relevant human rights instruments, recognising that it was not possible to accede to all of them.

Republic of Moldova commended Malta’s sustained action in the field of human rights and its constructive engagement with the Review process. Among other efforts undertaken, the Republic of Moldova recognised the amendments to the criminal code arising from previous recommendations.

Togo was pleased to note that Malta remained committed to the Review mechanisms and the efforts of the Government to protect human rights despite challenges at the national level. Togo encouraged Malta to take action to protect migrants attempting to cross the Mediterranean.

Algeria commended Malta for its work to promote and protect human rights and congratulated it on accepting its recommendations, which regarded strengthening of efforts to combat all forms of discrimination, and the perseverance of efforts to respect all the rights of migrants arriving in the country.

Council of Europe said as it was unable to participate in the Universal Periodic Review Working Group it would outline the three priority areas for Malta. They were strengthening the rights of irregular migrants and asylum seekers, tackling xenophobia and the lack of integration of immigrants, and improving access to courts. Malta was commended for taking steps towards the ratification of the Council of Europe’s Convention on eliminating violence against women.

Cuba underscored that progress had been made in several sectors, including the promotion of equality and the protection of persons with disabilities. Cuba was grateful that Malta had accepted its three recommendations on ensuring the rights of migrants, combating all forms of racism and xenophobia, and ensuring the realization of the economic, social and cultural rights of its people.

Action Canada for Population and Development expressed deep concern about access to reproductive health care services in Malta, especially women’s right to terminate a pregnancy. Currently women could not access a legal termination under any circumstances and were subject to criminal charges if they did so. Malta was urged to recognize that access to abortion was a critical human rights issue, and as a minimum to amend its laws to ensure that women were not criminalized for undergoing an abortion.

Amnesty International urged Malta to unequivocally clarify that it would guarantee access to asylum and protection from removal to a country where there was a real risk of persecution or other serious rights abuses; and to unequivocally clarify that it would not resort to push-backs or collective expulsions.

Rencontre Africaine pour la Défense des Droits de l'Homme remained acutely concerned by the inhumane treatment of African asylum seekers and migrants in Malta, particularly regarding the detention policy of migrants who sought protection under international norms. Rencontre Africaine called on Malta to exert its efforts to create a conducive environment for all asylum seekers and migrants in its territory.

Human Rights Watch welcomed steps taken towards improving Malta’s reception system for asylum seekers, but regretted that Malta continued to subject migrants and asylum seekers arriving by boat to automatic detention. Existing paths available to challenge detention in Malta were insufficient to avoid arbitrary detention. Human Rights Watch also expressed concern about the detention of unaccompanied children pending confirmation of age.

JOHN PAUL GRECH, Permanent Representative of Malta to the United Nations Office at Geneva, in concluding remarks, thanked all those delegations and non-governmental organizations that sought to enlighten Malta with their constructive recommendations, all of which would receive Malta’s utmost attention.

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