Human Rights Council adopts outcomes of Universal Periodic Review of Suriname, Saint Vincent and the Grenadines, and Samoa

Human Rights Council 
MORNING

21 September 2016

The Human Rights Council this morning adopted the Universal Periodic Review outcomes of Suriname, Saint Vincent and the Grenadines, and Samoa.

Reggie Nelson, Ambassador of Suriname to France, said that Suriname had supported 75 per cent of the recommendations, and had already started the implementation of some of them.  At this stage, Suriname could only note the recommendation on sexual orientation and gender identity as this subject required a broad-based consultation process.  Suriname had established a working group on diversity and inclusivity with a mandate to conduct hearings with civil society.  Mr. Nelson reassured the Council that an all-inclusive policy would be in accordance with the Constitution of Suriname which underscored the principle of non-discrimination. 

Speakers noted Suriname’s progress related to the acceptance of recommendations on gender issues, and also noted the country’s support for vulnerable groups.  Suriname’s own vulnerable position as a small island developing State was also noted. 

Speaking during the debate were the representatives of Venezuela, Bahamas, China, Cuba, India, Indonesia, Maldives, Nicaragua, Nigeria, Pakistan, Paraguay, Republic of Korea, Sierra Leone, and Haiti.

COC Nederland, in a joint statement with International Lesbian and Gay Association, also spoke.

The Council then adopted the Universal Periodic Review of Suriname.

Cenio E. Lewis, High Commissioner of Saint Vincent and the Grenadines to the United Kingdom, noted that the Government had accepted the recommendation to continue to seek the needed technical assistance to enable Saint Vincent and the Grenadines to meet its various human rights commitments, and would continue to harmonize its legislation with international human rights standards.  As a small island developing State, Saint Vincent and the Grenadines had been ravaged in recent years by the impacts of climate change, which had rolled back decades of development gains – the Government had therefore accepted the recommendations to promote strategies for the mitigation of climate change and to disseminate such information through schools and other educational means.

Speakers noted Saint Vincent and the Grenadines’ establishment of a national human rights mechanism.  Saint Vincent and the Grenadines’ vulnerable position as a small island developing State feeling the effects of climate change was noted by several delegations.

Speaking were Pakistan, Sierra Leone, United Nations Children’s Fund, Venezuela, Bahamas, Cuba, Haiti, Maldives, Nicaragua, and Nigeria.

The Council then adopted the Universal Periodic Review of Saint Vincent and the Grenadines.

Choi Kyong-Lim, President of the Human Rights Council, explained that as the Government of Samoa had not been able to send a representative to the session, it had sent a document and a statement indicating its position on all pending recommendations, which was available here.

During the ensuing discussion on Samoa, delegations expressed appreciation for the country’s commitment toward improving its educational sector, including praise for Samoa’s efforts toward inclusivity in that field.  Economic development was an issue singled out by some delegations, and Samoa’s progress as related to the accession to international instruments was also noted.  Some speakers raised the situation of lesbian, gay, bisexual, transgender and intersex persons in Samoa, noting that religion was often used as a convenient means to discriminate, vilify, torture and imprison lesbian, gay, bisexual, transgender and intersex persons.

Speaking during the debate were the representatives of Venezuela, China, Republic of Congo, Cuba, Fiji, Haiti, Maldives, Nigeria, and Pakistan.

Also speaking were Action Canada for Population and Development, in a joint statement, International Lesbian and Gay Association, in a joint statement, International Humanist and Ethical Union, and Centre for Global Nonkilling.

The Council then adopted the Universal Periodic Review of Samoa.

The Council will next hold a general debate on human rights bodies and mechanisms, followed by a meeting at 3 p.m., to consider the Universal Periodic Review outcomes of Greece, Sudan, and Hungary.

Statement by the President of the Council

CHOI KYONG-LIM, President of the Human Rights Council, said he felt compelled to express outrage at the attacks on innocent civilians across the globe in recent days - soldiers, civilians, women, children, humanitarian workers, or those caught in enduring conflicts in desperate need for lifesaving supplies.  The Council had an obligation to speak out for them and work towards delivering them peace and justice.  He appealed to the Member States to keep their human faces in mind as they continued to work in the Council.  If States failed to do so, they would be undermining the reason why their Council was created 10 years ago. 

The President also recalled the important role of non-governmental organizations in the Universal Periodic Review process and said that their participation provided additional clarification of issues under discussion.

Documentation
 
The Council has before it the Report of the Working Group on the Universal Periodic Review – Suriname (A/HRC/33/4).

The Council has before it an  addendum to the Report of the Working Group on the Universal Periodic Review – Suriname: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/4/Add.1).

The Council has before it the Report of the Working Group on the Universal Periodic Review – Saint Vincent and the Grenadines (A/HRC/33/5).

The Council has before it an  addendum to the Report of the Working Group on the Universal Periodic Review – Saint Vincent and the Grenadines: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/5/Add.1).

The Council has before it the Report of the Working Group on the Universal Periodic Review – Samoa (A/HRC/33/6).

The Council has before it an addendum to the Report of the Working Group on the Universal Periodic Review – Samoa: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/6/Add.1).

Consideration of Outcome of Universal Periodic Review of Suriname

REGGIE NELSON, Ambassador of Suriname to France, said that during its review, Suriname had received 148 recommendations, of which it had immediately accepted 105 and deferred 43 for further consideration, of which Suriname had accepted 11.  In total, Suriname had supported 75 per cent of the recommendations, and had already started the implementation of some of them.  Suriname had accepted part of the recommendation to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and had noted the rest of the recommendation relating to the ratification of several other international instruments, including on enforced disappearances, indigenous peoples and others.  The ratification of those Conventions and the Optional Protocols required further national consultations and amendments of national legislation and policy to comply with the obligations contained in those instruments. 

At this stage, Suriname could only note the recommendation on sexual orientation and gender identity as this subject required a broad-based consultation process.  On 30 August 2016, Suriname had established a working group on diversity and inclusivity, with a mandate to conduct hearings with civil society.  Mr. Nelson reassured the Council that an all-inclusive policy would be in accordance with the Constitution of Suriname which underscored the principle of non-discrimination.  Other noted recommendations required further broad-based consultations with relevant stakeholders and the Government was not in a position to pre-empt the outcome of such consultations.  Suriname remained committed to the promotion and protection of all human rights and fundamental freedoms, based on the principle of equality.

Venezuela noted that children in Suriname enjoyed free basic healthcare, and that the country provided free food and assistance for people with disabilities.  Venezuela encouraged Suriname to strengthen its social policies for its people.

Bahamas noted that Suriname had pledged full acceptance to 116 recommendations, and congratulated the country on accepting recommendations related to women, children, youth, and indigenous people, among other groups.  Bahamas acknowledged progress made by Suriname despite its challenges as a small island developing State.

China said that the constructive engagement of Suriname with the Universal Periodic Review process was welcomed, and thanked the country for accepting China’s recommendations.  China praised Suriname for its achievements in economic and social development, and for its harmony between different ethnic groups.

Cuba noted the priorities set by the Government of Suriname, including efforts to combat gender inequality, and noted as positive that Suriname had accepted recommendations on eliminating discrimination against women.  Cuba recommended the approval of the Universal Periodic Review report.   

India took positive note of the constructive manner in which Suriname had participated in the Universal Periodic Review process and appreciated the acceptance of a large number of recommendations made.  India trusted that Suriname would accelerate the implementation of the accepted recommendations in the coming years.

Indonesia expressed appreciation to Suriname for its constructive participation in the Universal Periodic Review process and welcomed the policies aimed to narrow the inequality gaps.  Indonesia positively noted the acceptance of its recommendation to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and encouraged Suriname to take initial steps toward the ratification of the Convention on the Rights of Migrant Workers and their Families.

Maldives welcomed the support for 116 recommendations, including those proposed by Maldives, and said that despite the obstacles of a small island developing State that Suriname faced, it had made considerable progress in reducing inequalities, and in particular in the areas of domestic violence, and maternity and child protection.  Maldives also welcomed the recent legislation on elections.

Nicaragua highlighted the progress made in the country and the political and legal reforms made to improve the situation of women and children and the abolition of the death penalty in the Criminal Code.  Suriname should, with the support of the international community, implement the recommendations which further aimed to improve the situation of human rights in the country.

Nigeria was pleased that Suriname had taken steps to fight human trafficking, reduce poverty and had made a bold effort to establish a national human rights institution in accordance with the Paris Principles.

Pakistan welcomed the policies and legislation introduced for the advancement of human rights in Suriname, including the Nationality and Residency Act, the Comprehensive Plan for Children and Adolescents, and the national action plan for the eradication of child labour.  Pakistan further welcomed the establishment of the national human rights institution and the commitment to ensure its full independence and compliance with the Paris Principles.

Paraguay recognized the work done by Suriname in the second cycle of the Universal Periodic Review, and welcomed the acceptance of the recommendations put forth by Paraguay, notably on the participation of women in public and political life.  It expressed hope that the Government of Suriname would move to an appropriate implementation of international human rights instruments.

Republic of Korea commended Suriname for its continued participation in the Universal Periodic Review process and for having accepted its recommendation on the establishment of a national human rights institution and training on gender-based violence for police forces.  It looked forward to Suriname’s implementation of the recommendations.

Sierra Leone commended Suriname’s implementation of the previous Universal Periodic Review recommendations, namely on domestic violence, and raising of the age for compulsory education from 16 to 17.  It encouraged Suriname to increase the marriage age for girls and boys from 17 to 18. 

Haiti thanked Suriname for having taken into account its recommendation on the training of judges and police forces on human trafficking, and on the creation of a national human rights  institution, and for the finalization of a law on persons with disabilities.

COC Nederland, in a joint statement with International Lesbian and Gay Association, applauded Suriname’s demonstration of its commitment to the non-discrimination principles by passing legislation to prohibit discrimination against lesbian, gay, bisexual, transgender and intersex persons.  The 2015 amendments to the Penal Code were commendable and they followed recommendations from the first Universal Periodic Review cycle.

The President said that out of 148 recommendations, Suriname had accepted 116 and noted 30. 

REGGIE NELSON, Ambassador of Suriname to France, thanked the observers and representatives of civil society for all the support that Suriname had received.  The Government would work closely on the implementation of recommendations that enjoyed the Government’s support, and also work on the recommendations that were noted.  He expressed hope that at the next Universal Periodic Review cycle, a 100 per cent acceptance rate might be achieved.

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

Consideration of Outcome of Universal Periodic Review of Saint Vincent and the Grenadines

CENIO LEWIS, High Commissioner of Saint Vincent and  the Grenadines to the United Kingdom, said that during its review, Saint Vincent and the Grenadines had received 128 recommendations, of which it had immediately accepted 75 and noted 53.  With regard to recommendations on the ratification of international human rights instruments,  Mr. Lewis said that Saint Vincent and the Grenadines had already ratified and acceded to the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and would continue to work towards completing the ratification of other major international instruments.  Saint Vincent and the Grenadines had recently established a National Mechanism for Reporting and Follow-Up, responsible for preparing all national human rights treaty bodies reports and the monitoring and follow-up of recommendations, which would expedite compliance with outstanding treaty obligations and enhance cooperation with international mechanisms.  The Government had accepted the recommendation to continue to seek the needed technical assistance to enable it to meet its various human rights commitments, and would continue to harmonize its legislation with international human rights standards. 

Saint Vincent and the Grenadines had agreed to adopt the legislation on gender equality and amend the legislation to grant women equal rights with men in regard to citizenship to their foreign spouse.  The Government had progressively sought to improve human rights by strengthening its national institutional and legislative framework, and had enacted new pieces of legislation, including the Domestic Violence Act of 2015, the Child Care and Adoption Act of 2010, and the Status of Children Act 2011.  In recognition of the continuing threat to children via the Internet, the Government had passed the Cybercrimes Act in August 2016, which also sought to protect children from sexual exploitation and carried severe penalties for child pornography.  As a small island developing State, Saint Vincent and the Grenadines had been ravaged in recent years by the impacts of climate change, which had rolled back decades of development gains – the Government had therefore accepted the recommendations to promote strategies for the mitigation of climate change and to disseminate such information through schools and other educational means.  

Pakistan appreciated the efforts of the Government of Saint Vincent and the Grenadines to progressively improve human rights by strengthening its national and legislative framework in an all-inclusive approach, including through establishing a national mechanism for reporting and follow-up, and the launch of its National Child Protection Policy Framework.

Sierra Leone noted that although national legislation upheld the death penalty, there had been no executions in Saint Vincent and the Grenadines since 1993, and it encouraged the Government to continue engaging in dialogue with a view to establishing a moratorium on the death penalty.

United Nations Children’s Fund commended Saint Vincent and the Grenadines on the 2016 launch of its National Child Protection Policy Framework and the recent adoption of legislation on child care and adoption.  Violence against women and children remained a serious concern and the country was commended for having passed the new Domestic Violence Act and the National Action Plan on Gender-Based Violence.

Venezuela noted the great progress made by Saint Vincent and the Grenadines in the area of social justice, which was reflected in many welfare programmes for the most vulnerable.  The country had vaccinated almost 100 per cent of its children.  Venezuela thus strongly supported the adoption of its Universal Periodic Review.

Bahamas expressed hope that the adoption of the recommendations by Saint Vincent and the Grenadines would serve to further enhance human rights protection efforts in the country.  It commended its acceptance of the recommendations on the establishment of a National Mechanism for Reporting and Follow-up and the establishment of a National Human Rights Institution. 

Cuba commended the will of the national authorities of St. Vincent and the Grenadines to move ahead, calling on the international community to provide all assistance that the country might request.  Cuba was committed to providing international support, showing solidarity and sharing its own modest experience. 

Haiti welcomed the continuance of Saint Vincent and the Grenadines’ social sector policies and programmes and the promotion and dissemination of strategies for climate change mitigation. 

Maldives welcomed Saint Vincent and the Grenadines as a fellow small island developing State.  Appreciation was expressed for the country’s commitment to inclusivity toward persons with disabilities. 

Nicaragua underscored the progress made by Saint Vincent and the Grenadines, and welcomed the country’s implementation of policies for women and children, as well as its drafting of a national action plan for ending gender-based violence.  Nicaragua recognized efforts to improve the living conditions of the population. 

Nigeria commended Saint Vincent and the Grenadines for its active participation in the Universal Periodic Review process, and recommended that the Human Rights Council adopt the Universal Periodic Review outcome, wishing Saint Vincent and the Grenadines every success in the implementation of the accepted recommendations.

The President said that out of 128 recommendations received, 75 were supported, while 53 were noted.

CENIO LEWIS, High Commissioner of Saint Vincent and the Grenadines to the United Kingdom, in his concluding remarks, said that although Saint Vincent and the Grenadines had not accepted all the recommendations it had received, this should not be seen as a lack of political will or lack of commitment to human rights, but should be understood in the context of what national circumstances allowed at the moment.  The Government was cognizant that there was room for improvement.  Saint Vincent and the Grenadines took human rights seriously and addressed human rights issues on the basis of consultation, engagement with civil society, a best practice approach, and a frank and open debate which took into account the views of the various constituents of the society.  Its general approach to legislation was that it must not be imposed from above.  Those were some of the ingredients of its very active democracy.  The advancement of human rights was an ongoing journey and Saint Vincent and the Grenadines was justifiably proud of the progress made so far.

The Council then adopted the outcome of the Universal Periodic Review of Saint Vincent and the Grenadines.

Consideration of Outcome of Universal Periodic Review of Samoa

CHOI KYONG-LIM, President of the Human Rights Council, explained that as the Government of Samoa had not been able to send a representative to the session, it had sent a document and a statement indicating its position on all pending recommendations.  Given that its positions on all received recommendations were clear, the Council would proceed with the adoption of its Universal Periodic Review outcome.  The consideration and adoption of the outcome of Samoa was thus based on the Universal Periodic Review of Samoa as contained in document A/HRC/33/6 and A/HRC/33/6/Add.1, together with the additional information provided by the Government of Samoa whose statement was available here.  

Venezuela welcomed Samoa’s efforts toward inclusive education, which was noted to be a priority of the Government of Samoa.  Samoa’s efforts toward supporting the most vulnerable members of society was commended.  The adoption by consensus of the Universal Periodic Review outcome was recommended.

China commended Samoa for being open to the recommendations and implementing the accepted ones.  Those included the furtherance of economic growth as well as educational improvement.  China applauded Samoa for accommodating the Sustainable Development Goals into its development strategy.

Republic of Congo said that the commitment of Samoa was appreciated, and note was taken of their progressive implementation of recommendations.  The Republic of Congo encouraged Samoa to continue efforts to further strengthen its frameworks and recommended the adoption of the Universal Periodic Review outcome.

Cuba said that the adoption of numerous laws had contributed to strengthening Samoa’s legal framework, and expressed appreciation for recommendations made by Cuba during the Working Group session that had been accepted by Samoa.  Cuba recommended the adoption of the report of the Working Group and wished Samoa every success in the implementation of the accepted recommendations.

Fiji welcomed the commitment of Samoa to ensuring the protection of victims of domestic violence through the Family Safety Act, and the acceptance of the recommendation to ensure effective access to justice for victims of domestic violence.  Fiji wished Samoa success in the implementation of the recommendations received. 

Haiti was pleased that Samoa had accepted the recommendations concerning the adoption of policies and laws for gender equality in relation to employment, the implementation of measures to combat domestic violence and sexual violence, especially in rural areas, and the promotion of climate change mitigation strategies. 

Maldives was pleased to note that 91 recommendations were already in the implementation process and that Samoa had accepted the recommendations made by Maldives on creating a safe educational environment, awareness raising of staff working at schools, and setting up shelters for victims of domestic and sexual violence. 

Nigeria thanked Samoa for its continued engagement with the Universal Periodic Review process and acknowledged Samoa’s commitment to the ratification of all core human rights instruments.  Nigeria wished Samos success and recommended the adoption of the report on Samoa.

Pakistan welcomed Samoa’s acceptance of the many recommendations received and the recent legislative measures to protect and promote the human rights of its citizens.  Pakistan commended steps taken by Samoa to promote the political participation of women, including the adoption of a quota system for their participation in the Parliament.
 
Action Canada for Population and Development, noted that Samoa’s responses to the recommendations were unclear and did not specifically address discrimination on the grounds of sexual orientation or gender identity, whereas recommendations calling for the repeal of provisions criminalizing same-sex relations between consenting adults had only been noted.

International Lesbian and Gay Association, said that Samoa’s Crimes Act of 2013 must not be misaligned with the discriminatory sodomy provisions within the same law.  Religion was often used as a convenient means to discriminate, vilify, torture and imprison lesbian, gay, bisexual, transgender and intersex persons.  The organization expressed hope that Samoa would move away from using that excuse.

International Humanist and Ethical Union remained concerned about potential discrimination against different religious beliefs and about the general situation of freedom of religion and belief.  Some villages limited the practice of different religions.  International Humanist and Ethical Union called on Samoa to cease any plans to instate a State religion.

Centre for Global Nonkilling renewed its call for the establishment of regional human rights mechanisms in the Pacific region.  It noted that many recommendations made to Samoa addressed violence, such as domestic violence.  It strongly called the Council’s attention to the fact that all forms of violence needed to be addressed. 

The President said that out of 129 recommendations Samoa had accepted 92 and noted 35. 

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

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