Human Rights Council concludes general debate on the Universal Periodic Review

MORNING

GENEVA (24 September 2018) - The Human Rights Council this morning concluded its general debate on the Universal Periodic Review.

During the debate, speakers noted that the Universal Periodic Review was a peer review process that encouraged an open and constructive exchange, and contributed to an enabling environment for international cooperation in human rights.  It could ensure a comprehensive approach to all human rights on an equal footing.  Speakers expressed hope that Member States could avoid politicization and continue being objective.  They also underlined that technical assistance and capacity building were important tools to support States in their efforts to overcome challenges of implementation, and recognized the work of the Office of the High Commissioner for Human Rights in that regard.  Some speakers underlined the importance of the Universal Periodic Review as a tool for early warning and prevention of conflicts.  However, peacebuilders were not involved in the drafting of the Universal Periodic Review reports, their monitoring and evaluation.  Speakers, thus, called that conflict analysis be included in those reports and called on all States to implement those recommendations that touched upon situations that could lead to violent conflicts.

The first part of the general debate took place on Friday, 21 September, and a summary can be found here.

Speaking in the general debate on the Universal Periodic Review were Morocco, Iran, Bahamas, UN Women, and Armenia.

Also taking the floor were the following national human rights institutions and non-governmental organizations: Equality and Human Rights Commission of Great Britain, the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission, Asian-Pacific Resource and Research Centre for Women (ARROW) (in a joint statement with Action Canada for Population and Development), International Catholic Child Bureau, International Catholic Center of Geneva (in a joint statement with severals NGOs1), Lawyers Rights Watch Canada, UPR Info, Women's International Democratic Federation, Friends World Committee for Consultation - Quakers, International Association for Democracy in Africa, Iraqi Development Organization, Alsalam Foundation, African Regional Agricultural Credit Association, Americans for Democracy & Human Rights in Bahrain Inc, World Environment and Resources Council, Pan African Union for Science and Technology, Commission to Study the Organization of Peace, Amnesty International, Prahar, Organization for Defending Victims of Violence, World Muslim Congress, United Schools International, African Green Foundation International, European Union of Public Relations, United Nations Watch, Canners International Permanent Committee, VAAGDHARA, Conseil de jeunesse pluriculturelle (COJEP), World Barua Organization and Guinea Medical Mutual Association, Rencontre Africaine pour la defense des droits de l'homme, Le Pont, ABC Tamil Oli, European Centre for Law and Justice, Verein Sudwind Entwicklungspolitik, Health and Environment Program (HEP), Conseil International pour le soutien à des procès équitables et aux Droits de l'Homme, Association of World Citizens, Indigenous People of Africa Coordinating Committee, International Buddhist Relief Organisation, Ius Primi Viri International Association, L'Observatoire Mauritanien des Droits de l'Homme et de la Démocratie, Association Bharathi Centre Culturel Franco-Tamoul, Indian Council of Education, International Institute for Non-Aligned Studies, International Muslim Women's Union, Zero Poor in Africa, Asian Legal Resource Centre, International Educational Development, Il Cenacolo and Center for Environmental and Management Studies.

The Council will next hold an interactive dialogue with the Commission of Inquiry on the Occupied Palestinian Territory, to be followed by a general debate on the human rights situation in Palestine and other occupied Arab territories. 

General Debate on the Universal Periodic Review

Morocco said that the Universal Periodic Review was one of the major challenges of the Human Rights Council which had to build on the constructive spirit that characterized it.  Morocco expressed hope that Member States could avoid politicization and continue being objective.  The voluntary aspect of the Universal Periodic Review was key to its success.  Morocco further stressed the importance of technical assistance and capacity building as essential for small island developing States and other developing countries.

Iran remained committed to the Universal Periodic Review as a unique mechanism for reviewing the situations of human rights in all United Nations Member States.  The mechanism could ensure a comprehensive approach to all human rights on an equal footing.  The implementation of the recommendations of the Universal Periodic Review was another important spectrum of the process to ensure reaching tangible results out of the shared views, which would escalate the credibility of the mechanism.  

Bahamas noted that the Universal Periodic Review was a peer review process that encouraged an open and constructive exchange, and contributed to an enabling environment for international cooperation in human rights.  It underlined that technical assistance and capacity building were important tools to support States in their efforts to overcome challenges of implementation, and it recognized the work of the Office of the High Commissioner for Human Rights in that regard.

UN Women made observations on the Universal Periodic Reviews of Bangladesh, Colombia, the Russian Federation, Turkmenistan, Uzbekistan and Cameroon.  It recommended adopting legislation, where absent, to criminalize all forms of violence against women, including domestic violence, sexual violence and marital rape.  UN Women would continue to provide technical support to concerned Governments in order to support their efforts in advancing gender equality.

Armenia said that the Universal Periodic Review was an important tool to assess the human rights situation around the world.  However, some countries politicized the process in order to promote their political agendas and distract attention from deteriorating human rights situations in their own countries.  The information and facts were often incorrect and did not meet the requirements.

Equality and Human Rights Commission of Great Britain, the Northern Ireland Human Rights Commission and the Scottish Human Rights Commission, in a joint statement, said that three years ago when the Universal Periodic Review for the United Kingdom was adopted, greater engagement for the Universal Periodic Review was urged.  Practical Universal Periodic Review implementation plans were needed, clearly setting out commitments and ways on reporting on the progress.

Asian-Pacific Resource and Research Centre for Women (ARROW), in a joint statement with Action Canada for Population and Development, said national civil society organizations and individual human rights defenders played a significant role in bringing rights violations to the attention of Member States in the Universal Periodic Review.  Particular themes related to sexual and reproductive rights continued to be underrepresented or even ignored in States’ recommendations.  

International Catholic Child Bureau was worried about the situation in Benin, Côte d’Ivoire, Guatemala and Togo concerning the implementation of the Universal Periodic Review.  Benin had not submitted a mid-term review and the authorities had yet to implement the Children’s Code.  Juvenile justice recommendations had not been implemented.  Guatemala had submitted a mid-term report but the prison and justice system ware malfunctioning.

International Catholic Center of Geneva, in a joint statement with severals NGOs1, welcomed the commitment of States to the Universal Periodic Review.  The organization recognized the need for a more systematic implementation of the Universal Periodic Review recommendations, and was convinced that the establishment of reporting and follow-up would greatly advance the implementation process.

Lawyers Rights Watch Canada said civil society participation was integral to the Universal Periodic Review, but regretted that civil society members from some States participated at great personal risk of reprisal, including torture, ill-treatment and even deprivation of life.  Lawyers’ Rights Watch said that civil society in Council Members Saudi Arabia and China faced increased reprisals, and welcomed improved mechanisms to reduce these reprisals.

UPR Info asked States to report every year during the Universal Periodic Review.  It invited States to participate in national mechanisms for reporting and to demonstrate a comprehensive approach to the process.  Universal Periodic Review Info said it would like Member States to acknowledge the importance of keeping the Universal Periodic Review Working Group going.

Women’s International Democratic Federation welcomed the Universal Periodic Review of Cuba and acknowledged the availability of opportunities for people in the country, with zero tolerance for any type of discrimination and equal pay for women and men.  The organizations noted that the economic and financial blockade imposed on Cuba by the United States undermined those opportunities for the Cuban people.  Women, however, were resisting and would win the day.

Friends World Committee for Consultation - Quakers highlighted lessons learned from the Universal Periodic Review for sustaining peace.  The mechanism was an important tool for early warning and prevention of conflicts.  However, peacebuilders were not involved in the drafting of the Universal Periodic Review reports, their monitoring and evaluation.  The organization thus called for conflict analysis to be included in those reports and it called on all States to implement those recommendations that touched upon situations that could lead to violent conflicts.

International Association for Democracy in Africa said that fundamental freedoms were ensured in law and practice in Germany.  Pluralism was the defining characteristic of German society, and the media was largely free and independent.  Hate speech was punishable by law and freedom of belief was constitutionally protected.  There was a vibrant civil society; the judiciary was independent, and the rule of law prevailed in Germany.    

Iraqi Development Organization, in a joint statement, called attention to the total disregard for the Universal Periodic Review recommendations in Yemen.  The Houthi Government with the blessing of the international community had moved money from the National Central Bank, thus impoverishing the people of Yemen.  In addition, the universal coercive measures had severely affected the elderly people whose pensions were not being paid anymore.

Alsalam Foundation said that Saudi Arabia refused to reform, following the second Universal Periodic Review five years ago in 2013.  Saudi Arabia had received 225 discreet recommendations that could have significantly reformed its human rights record.  The Kingdom had accepted 187 of them but had failed to follow through on its promises to implement them.   Two repressive counter-terror laws had been promulgated

African Regional Agricultural Credit Association said that immigrants in Canada were in general well integrated and there were good integration mechanisms.  There were mandatory programmes assisting migrants to develop professional networks.  Canada was committed towards gender equality and was developing tools and institutions to promote and implement it as it was among its core values.

Americans for Democracy and Human Rights in Bahrain Inc. said that the United Arab Emirates continued to violate human rights and sentence activists to prison in unfair trials on free expression-related charges.  In addition, adequate steps to protect the rights of migrant workers were not being protected.  Workers were still beholden to the kafala system of labour sponsorship and employers had an inordinate amount of power over labourers.

World Environment and Resources Council said that Russia was committed to the promotion and protection of human rights, as a successor of the Soviet Union.  Russia had highly-enhanced economic stability.  Russia’s balance of payments was good and the country had one of the most impressive literacy rates of 99.6 per cent, according to the United Nations Educational, Scientific and Cultural Organization, and a well-developed education system.

Pan African Union for Science and Technology said Uzbekistan was committed to the protection of human rights and it gave utmost importance to the protection of the human rights of all members of the society.  It had been working on reducing forced labour and was committed to protecting freedom of religion in implementation of recommendations from the Universal Periodic Review.

Commission to Study the Organization of Peace said Canada had a strong history in the protection of civil rights, which was an important part of its constructive engagement in the global community, reflective of Canadian efforts to implement a respect for diversity in all elements of society.  Canada emphasized multiculturalism and the Canadian experience had shown that multiculturalism encouraged understanding, peace and harmony.

Amnesty International addressed the outcome of the Universal Periodic Review of Bangladesh and Colombia.  It welcomed Colombia’s acceptance of recommendations to adopt measures to protect human rights defenders and continue to implement the peace agreement, but remained concerned at serious human rights violations in connection to the implementation of this agreement.  It welcomed Bangladesh’s acceptance of key recommendations, such as bringing its domestic law into conformity with the International Covenant on Civil and Political Rights.

Prahar welcomed the success of Cuba in the field of healthcare.  The Government of Cuba had put in place a health system that ensured universal coverage and efficient healthcare.

Organization for Defending Victims of Violence noted that the recommendations given by Council Member States within the Universal Periodic Review were more dependent on countries’ political tendencies than being proportionate to the human rights characteristics of the country under review.  That selective treatment was due to various factors, such as political and diplomatic relations between the reviewing countries and the country under review.

World Muslim Congress voiced concern about India’s participation in the Universal Periodic Review, reminding of the treatment of the people of Kashmir by Indian soldiers, namely the mutilation of the bodies of dead Kashmiris.  Instead of spending millions on the Incredible India advertisements on CNN, India could train its soldiers to respect the rights of the dead and living Kashmiris.  

United Schools International noted that Turkmenistan protected the separation of powers, which acted independently and balanced each other.  Laws and other legal acts contradicting the Constitution had no force.  The State guaranteed the freedom of religion and belief and other fundamental freedoms, and State education was of a secular nature.  Progress had also been made in gender equality.

Africa Green Foundation International welcomed the progress made in Sri Lanka in implementing its Universal Periodic Review recommendations.  Facts and figures of its last Universal Periodic Review had highlighted the fact that Sri Lanka could uphold the rule of law without external assistance.  The authorities had reintegrated former child soldiers and had released the land belonging to Tamil communities from the control of the military.  

European Union of Public Relations said that Colombia had recently made a landmark peace agreement, led entirely by citizens.  The inclusion of victims’ rights was evident.  The peace process had set new trends.  Successful presidential elections had been held in complete transparency and fully taking into account the will of the people.  Colombia was committed to the promotion of human rights and was performing well economically.

United Nations Watch was speaking as a Cuban victim who had suffered an attack from State agents who had cut off her left hand.  This had not been the first attack.  She had already suffered arbitrary detention just because she had been asking for better living conditions for peasants.  The State continued to abuse human rights and put in prison anyone who asked for human rights.  How could Cuba be a member of the Council with such a track record?

Canners International Permanent Committee said that German foreign policy was a peaceful policy, focusing on disarmament and non-proliferation.  Such policy ensured wellbeing and assistance to the most vulnerable across the world.  Germany was the second largest donor according to the Organization for Economic Co-operation and Development.  It promoted sustainable development for all.

VAAGDHARA welcomed Cuba’s Universal Periodic Review and the adoption of numerous recommendations.  Cuba’s cultural policy was widely improving across the country.  The promotion of cultural diversity and rights had a positive impact on the equality of opportunities.  Cuba was urged to continue with its policy of total rejection of racism and racial discrimination.

Conseil de jeunesse pluriculturelle (COJEP) was concerned about the human rights situation in the United Arab Emirates and Saudi Arabia, including the imprisonment of all those who were critical of the authorities and the large fines placed on these dissidents.  Many thinkers and citizens had faced show trials that did not respect the law.  Saudi Arabia should be expelled from the Council if it did not put an end to these human rights violations.

World Barua Organization commended Cuba for accepting the majority of the recommendations from the Council, reflecting the commitment of the Cuban Government towards ratifying numerous policies and priorities on human rights.  The organization gave particular recognition to the promotion of medicine and education which remained free of charge in Cuba.

Guinea Medical Mutual Association said that the Council had allowed itself to be misled by propaganda regarding the human rights situation in Sri Lanka.  The Tamil Tigers had massacred and slaughtered women and children in Sri Lanka because of their Buddhist beliefs.  The Association condemned this as extreme racism and ethnic cleansing, and accused the United Nations of disregarding the last 30 years of human rights violations in Sri Lanka.

Rencontre Africaine pour la défense des droits de l’homme called for a strategy to evaluate and implement the Universal Periodic Review recommendations, which would allow for the proper analysis of the weaknesses and strengths of countries.  The organization urged all States to contribute more voluntary contributions to the Universal Periodic Review in that respect.

Le Pont, in a joint statement, called attention to Colombia’s Universal Periodic Review and the need to consult communities before starting development projects.  The Constitutional Court of Colombia wanted to restrict the scope of people’s consultations, which would have a serious impact on democracy.  Consultation with people was enshrined in the Constitution of Colombia.  The Colombian Government must guarantee the life of environmental human rights defenders.

ABC Tamil Oli reminded that Australia was signatory of the Refugee Convention and yet its fast-track assessment had resulted in many Tamil Sri Lankan applicants failing their request for international protection.  Some children born in Australia had never lived in Sri Lanka and could be deported.  The organization urged the Council to remind Australia of its international obligations and not to refoul any Tamils who had experienced human rights violations.

European Centre for Law and Justice drew attention to the unacceptable status of religious freedom in Cuba where Christians faced severe and multiple restrictions, although article 8 of the Cuban Constitution proclaimed that the State recognized, respected and guaranteed freedom of religion.  The Cuban Government completely controlled the education system and it refused to allow any Christian community or institution to set up schools.     

Verein Sudwind Entciklungspolitik said that eight years ago Iran had accepted recommendations on a culture of dialogue.  Yet Iran had never had a dialogue among cultures.  Moreover, Iranian authorities had prosecuted and jailed dervishes and eight of them had disappeared.  Some of dervishes were on a hunger strike demanding release from prison.  Muslim converts to Christianity were also under pressure.

Health and Environment Programme (HEP) said that the Universal Periodic Review had been established by the Council as a major asset of the human rights system.  It was based on the Universal Declaration of Human Rights.  Moreover, there were contractual obligations that States had voluntarily undertaken concerning human rights.  The next review would focus on the implementation of recommendations.  

Conseil international de soutien à des procès équitables et aux Droits de l'Homme said that efforts made by Russia to fulfil recommendations stemming from the Universal Periodic Review were welcomed.  This was occurring in spite of the economic targeting of Russia and the universal coercive measures led by some countries.  Russia was making sacrifices in Syria to assist their friends and defend human rights.

Association of World Citizens said Yemen would soon pass a third round of the Universal Periodic Review.  During the second round, eight countries had recommended that the country ratify the Rome Statute of the International Criminal Court.  Yemen was experiencing extensive human rights violations, assassinations in urban areas and sniper shootings.  It was of crucial importance for Yemen to accede to the International Criminal Court.

Indigenous People of Africa Coordinating Committee asked all States to respect the Universal Periodic Review process and congratulated Cuba for adopting the Council’s recommendations.  Cuba was praised for its participation in the fight against the Ebola epidemic in West Africa, and was also recognized for giving priority to international cooperation in the field of health.

International Buddhist Relief Organisation said the Universal Periodic Review regarding Sri Lanka appeared to be of a vengeful nature against the forces that defeated the Liberation Tigers of Tamil Eelam: instead of punishing the terrorists, the very soldiers who had fought then were being targeted.  The only crime that these soldiers had committed was protecting the motherland, and yet they were denied visas to Western countries.

Ius Primi Viri International Association reminded the Council that in January 2019, Yemen would undergo its third Universal Periodic Review.  For the last four years, Yemen had been going through a war which had witnessed grave violations of human rights, for which the warring factions were responsible.  The Association called on the Council to establish a mechanism obliging non-state actors to abide by international humanitarian law.

L'Observatoire Mauritanien des Droits de l'Homme et de la Démocratie reminded that Tamil families who had lost loved ones to extrajudicial killings in Sri Lanka had the right to know the truth.  The Tamils in Sri Lanka had been denied their right to self-determination.  The organization urged the recommending States in the Universal Periodic Review to avoid the use of vague recommendations.  Sri Lanka had not implemented the majority of its accepted recommendations.

Association Bharathi Centre Culturelle Franco-Tamoul recalled that three years since the adoption of the resolution on Sri Lanka, no progress in reconciliation and truth had been made.  The President of Sri Lanka had ordered that no high ranking military official be brought to account for the murder of Tamils in north-east of the country.  Accordingly, the Tamils wanted an international judicial mechanism to investigate the war crimes committed by the Sri Lankan army.

Indian Council of Education said that the protection of human rights in Canada was consistent with the international human rights conventions.  Multiculturalism was often seen as a defining characteristic of Canadian identity.  Immigrants tended to achieve economic success and a high level of education.  Freedom of association and assembly was guaranteed, while the judiciary was generally independent.  There was also freedom of speech and media, and journalists were generally free to perform their work

International Institute for Non-Aligned Studies extolled Germany’s state of human rights.  The Constitution prohibited arbitrary arrest and detention, and it provided for an independent judiciary.  There had been no reports of unlawful killings and enforced disappearances.  The media was widely unrestricted and there were solid constitutional guarantees for the work of journalists.  The empowerment of women was also at a high level.  

International Muslim Women’s Union said that certain objectives within the Universal Periodic Review could not be ignored.  In India, laws such as the Special Powers Act were implemented in order to silence the right to self-determination.  Indian forces used draconian laws to silence dissent.  Thousands were punished under such illegal laws.  Chemical weapons were used on Kashmiri youth.

Zero Poor in Africa said that four countries from the Sri Lanka Core Group had issued a statement that the international community expected Sri Lanka to expedite the implementation of an accountability mechanism, as recommended by resolution 30/1.  The world should not forget that the Sri Lankan armed forces had fought to defend their citizens from terrorists.   The modern terrorists had learned the concept of suicide bombers from Tamil Tigers.

Asian Legal Resource Centre noted that during the recent adoption of the Universal Periodic Review on Bangladesh, the State had failed to accept the recommendation on the ratification of the Convention on Enforced Disappearances.   Bangladesh’s law enforcement agencies had been consistently disappearing citizens since 2009.   Despite hundreds of cases, the State used the excuse of not having a legal provision to define it as a crime.

International Educational Development welcomed the reform of the Universal Periodic Review mentioned by the High Commissioner.  The Universal Periodic Review was not good for addressing human rights situations since it had no teeth.  It was more ceremonial than substantive.  The mechanisms allowed for States to persistently ignore the recommendations from previous cycles.  The situation with the Lao People’s Democratic Republic and the issue of the Hmong minority confirmed that.

Il Cenacolo regretted that the Cuban Government had missed an opportunity to improve its human rights record, and noted that no national human rights body existed in Cuba.  The Government continued to hold prisoners of conscience and to carry out extrajudicial killings.  How long would human rights continue to be systematically violated with impunity in Cuba?

Centre for Environmental and Management Studies said that Cuba had entered into a new period of political and economic progress.  The Cuban healthcare system was recognized as one of the most advanced in the world.  Public education was one of Cuba’s top priorities: education was free from the cradle to the grave.  Cuba also gave utmost priority to women’s empowerment: there was a strong feminine presence in practically all sectors of society.

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1. Joint statement: International Catholic Center of Geneva; Associazione Comunita Papa Giovanni XXIII; Caritas Internationalis International Confederation of Catholic Charities; Congregation of Our Lady of Charity of the Good Shepherd; Dominicans for Justice and Peace Order of Preachers; Edmund Rice International Limited; Fondazione Marista per la Solidarietà Internazionale ONLUS; Fracarita International; International Federation of ACAT Action by Christians for the Abolition of Torture; International Volunteerism Organization for Women, Education and Development VIDES; Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco; International Movement of Apostolate in the Independent Social Milieus; VIVAT International and World Evangelical Alliance.

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