Human Rights Council adopts outcomes of Universal Periodic Review of Thailand and Ireland

Human Rights Council 
MORNING

23 September 2016 

 President Evo Morales of Bolivia Addresses the Council

The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review of Thailand and Ireland.  The Council also heard an address by Evo Morales, the President of Bolivia, after hearing a welcoming video message from Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights. 

High Commissioner Zeid, in a video message, welcomed the President of Bolivia, Evo Morales, and hailed the inspirational role of Bolivia in the global adoption of the International Day of Mother Earth, which guided the international community to promote harmony between all public policies and the health of the global ecosystem and planet.  The Council would recall the leading role of President Morales in the adoption of the General Assembly’s Resolution on the right to safe and clean drinking water, and the right to sanitation.  The High Commissioner commended Bolivia’s significant advances in the fight against racism and all forms of discrimination and against extreme poverty and malnutrition.

President Morales emphasised some positive achievements of the Council such as the adoption of the United Nations Declaration on the Rights of Indigenous Peoples and reiterated the commitment of Bolivia to its implementation.  He also emphasized various resolutions in the Council, including on the right to food and on the human right to water, which was a fundamental human right and must be seen as a public service and must not be traded.  It was important to pay attention to the Working Group led by Bolivia which was negotiating the draft United Nations Declaration on the Rights of Peasants.  President Morales spoke of the human rights challenges facing the people of Bolivia, and in particular the violations of human rights by Chile of Bolivian transporters of goods and merchandise, who transited through Chile to maritime ports under the provisions of the 1904 Treaty, which Bolivia had had to sign following the loss of its coastal land to Chile.

Thani Thongpakdi, Permanent Representative of Thailand to the United Nations Office at Geneva, said that of the 249 received recommendations, Thailand had accepted 181 and deferred 68 recommendations, of which six were later accepted.  The accepted recommendations regarded issues such as taking steps toward the abolition of the death penalty, implementation of the Mandela Rules, and revising laws on the age limit of marriage.  On 7 August, a draft Constitution had been approved in the referendum that was held in a “free, fair, transparent and orderly” manner.  The Constitution, which would enter into force in a few months, guaranteed the rights and liberties of the people.  An order had been issued terminating the use of military courts to try civilians for offences related to internal security. 

In the ensuing discussion, speakers welcomed the commitment of Thailand to ratify the International Convention for the Protection of all Persons from Enforced Disappearances and the Optional Protocol to the International Covenant on Civil and Political Rights, and noted the determination to abolish the death penalty.  They also welcomed Thailand’s commitment to establish an independent body in accordance with the Mandela rules which would have access to all places to detention, and the efforts to pass the legislation concerning torture and enforced disappearances.  Thailand should extend the order to return civilian cases to civilian courts to the nearly 500 civilian cases pending before military courts, lift the restrictions to the participation of all Thai citizens in the political process, and engage in a meaningful dialogue with its lively civil society.

Speaking were Togo, United Kingdom, United States, Venezuela, Albania, Bahrain, Belgium, Botswana, Brunei Darussalam, Singapore, China, Cuba, Malaysia, Fiji, Germany, Kyrgyzstan, and the Lao People’s Democratic Republic.

Also speaking were the International Commission of Jurists, Rencontre Africaine pour la Defense des Droits de l’Homme, Action Canada for Population and Development, International Federation for Human Rights Leagues, Asian Forum for Human Rights and Development, Amnesty International, International Lesbian and Gay Association, and Human Rights Watch.

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

Patricia O’Brien, Permanent Representative of Ireland to the United Nations Office at Geneva, noted that while the Government and civil society pursued different approaches, they both strived for the common objective of achieving a safe, fair, tolerant and more equal Ireland for all inhabitants.  Particular attention was paid to hearing the voices of young people, with focus on access to education, the right to a home, the right to food and water, and the right to be treated equally without discrimination.  Ireland was working on the ratification of the Convention on the Rights of Persons with Disabilities, which it had signed in 2007, and it passed the
Criminal Law (Sexual Offences) Bill 2015, while work was underway on drawing up an Equality/Disability Bill to progress miscellaneous legislative amendments necessary to proceed to ratification.  An ambitious “Housing Action Plan” adopted in July 2016 made a commitment of €5.5 billion pounds to build social housing and infrastructure.

Irish Human Rights and Equality Commission expressed regret that the important issue of Traveller ethnicity had not progressed since Ireland’s first Universal Periodic Review in 2011.  The Commission remained concerned about the issue of the protection of refugees and asylum seekers and the current legal position in relation to abortion.

Delegations took positive note of Ireland’s innovative approach to the consultation process and the involvement therein of children and young people, and welcomed the efforts to tackle violence against women, including though the second national strategy on domestic, sexual and gender-based violence 2016-2021.  They commended Ireland for developing a national plan against trafficking in persons, the adoption of the National Disability Inclusion Strategy, and the progress made in establishing a national preventive mechanism.  Speakers urged Ireland to fully protect the reproductive rights of women and girls, including access to safe and legal abortion through Constitutional and legislative reform, take additional steps to tackle the growing housing and homelessness crisis, raise the age of criminal responsibility, and recognize Travellers as an ethnic group without further delay.

Speaking in the discussion were Kyrgyzstan, Maldives, Pakistan, Republic of Korea, Republic of Moldova, Russia, Sierra Leone, the Sudan, Togo, Venezuela, Afghanistan, Albania, Armenia, Botswana, China, and the Council of Europe.

Also speaking were Action Canada for Population and Development, International Federation for Human Rights Leagues, British Humanist Association, Alliance Defending Freedom, Amnesty International, Atheist Alliance International, Edmund Rice International Limited, International Service for Human Rights, and International Planned Parenthood Federation, in a joint statement with Irish Family Planning Association, Irish Council for Civil Liberties, National Women’s Council, Abortion Rights Campaign and Coalition to Repeal the Eight Amendment. 

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

The Human Rights Council is holding a full day of meetings today.  Next, it will resume its general debate on human rights bodies and mechanisms, and will then hold a general debate on the Universal Periodic Review, and a general debate on the human rights situation in Palestine and other occupied Arab territories.
 
Documentation
 
The Council has before it the Report of the Working Group on the Universal Periodic Review – Thailand (A/HRC/33/16)

The Council has before it an  addendum to the Report of the Working Group on the Universal Periodic Review – Thailand: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/16/Add.1).

The Council has before it the Report of the Working Group on the Universal Periodic Review – Ireland (A/HRC/33/17).

The Council has before it an  addendum to the Report of the Working Group on the Universal Periodic Review – Ireland: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/17/Add.1).
 
Consideration of Outcome of Universal Periodic Review of Thailand
 
THANI THONGPAKDI, Permanent Representative of Thailand to the United Nations Office at Geneva, said that he would inform the Council of Thailand’s position on the remaining recommendations which had been taken back to be examined, as well as the latest human rights situation in Thailand and the progress made since the country’s review last May.   After that review, Thailand had received 249 recommendations, of which it had accepted 181 and deferred deciding on 68.  Thailand was now ready to accept six of those, following meetings involving civil society.  The accepted recommendations regarded issues such as taking steps toward the abolition of the death penalty, on implementation of the Mandela Rules, and on revising laws on the age limit of marriage, among others.  Remaining recommendations would continue to be reflected upon and kept in mind.  Earlier this month, Thailand had acceded to the Optional Protocol to the Convention on the Rights of Persons with Disabilities.  Thailand was working on a draft Act on the Prevention and Suppression of Torture and Enforced Disappearance. 

He then turned to updating the Council on the human rights situation in Thailand since the country’s review in May.  On 7 August, a draft Constitution was approved in the referendum that was held in a “free, fair, transparent and orderly” manner.  The Constitution, which would enter into force in a few months, guaranteed the rights and liberties of the people.  The fact that the referendum was held in a peaceful atmosphere illustrated the progressive improvement of the situation in the country.  An order had been issued terminating the use of military courts to try civilians for offences related to internal security.  He reaffirmed Thailand’s commitment to human rights and noted that the country was doing its best to move the country forward with a view to achieving a more sustainable democracy. 

Togo welcomed the commitment of Thailand to ratify the International Convention for the Protection of All Persons from Enforced Disappearances and the Optional Protocol to the International Covenant on Civil and Political Rights, and noted the determination to abolish the death penalty.

United Kingdom welcomed the commitment to the establishment of an independent body in accordance with the Nelson Mandela rules which would have access to all places to detention, and the efforts to pass the legislation concerning torture and enforced disappearances.  Human rights defenders who spoke about torture must not face criminal charges.  Concern remained about the lack of freedom of expression. 

United States welcomed Thailand’s acceptance of the recommendation to ratify a number of international instruments and to return civilian trials to civilian courts, and encouraged the Government to extend this order to nearly 500 civilian cases pending before military courts.  Thailand should lift the restrictions to the participation of all Thai citizens in the political process.

Venezuela took due note of the important achievements in the implementation of the recommendations accepted during the Universal Periodic Review in Thailand, particularly in lessening poverty, and building a fairer society with equal access to resources for social development.  Thailand should continue strengthening its social programmes, and give attention to the most vulnerable.

Albania acknowledged Thailand’s acceptance of the recommendation by Albania to adopt measures to eradicate child labour and wished it success in the implementation of the accepted recommendations.

Bahrain said that Thailand had demonstrated sincere efforts in promoting human rights and noted with satisfaction the acceptance of the recommendation made by Bahrain to prevent violence against children and young people.

Belgium welcomed the acceptance to ratify the International Convention for the Protection of all Persons from Enforced Disappearances and regretted that the recommendation to repeal Order N°3 to ensure that all civilians were tried before a civilian court and granted the right to fair trial
did not enjoy the support of Thailand.  Thailand should remove criminal sanctions on the exercise of freedom of expression and should engage in a meaningful dialogue with its lively civil society.

Botswana commended the adoption of the Gender Equality Act, and the laws on human trafficking and child pornography, and welcomed the measures taken to eliminate violence against women and children, promote good governance, reduce inequality and address inefficiencies in the judicial system.

Brunei Darussalam commended the Thai Government for its broad and inclusive approach to its stakeholders, and expressed pleasure that Thailand had accepted recommendations put forward by Brunei Darussalam, including on protecting vulnerable groups. 

Singapore commended Thailand for its acceptance of the majority of the recommendations it had received, including on measures to prosecute human trafficking.  Thailand was urged to continue to implement its accepted Universal Periodic Review recommendations.

China welcomed Thailand’s participation in the Universal Periodic Review process and thanked the country for accepting the Chinese recommendation on protecting the rights of children, and welcomed the adoption of the third human rights action plan.  China appreciated Thailand’s efforts to guarantee the rights of the most vulnerable.

Cuba said that Thailand was one of main promoters of technical assistance and capacity building in the Human Rights Council.  Cuba thanked Thailand for its acceptance of Cuba’s recommendations, including one on human rights education.

Malaysia expressed appreciation for Thailand’s acceptance of most of the recommendations made during the Review, which was significant for Thailand’s support for human rights.  Malaysia endorsed the adoption of the outcome report of the Universal Periodic Review of Thailand.
 
Fiji welcomed Thailand’s acceptance of its recommendation on the training of officials on the human rights plan of action, and the efforts on combatting violence against women and children, including at the regional level.  Fiji supported the adoption of the outcome report of Thailand by the Human Rights Council.

Germany took positive note of the acceptance of the recommendation to end military court jurisdiction over civilians for violations of lèse-majesté law, which was the first step to return to democracy.  Thailand should lift all restrictions on freedom of expression and allow free and open dialogue in the run up to the elections.

Kyrgyzstan was pleased that Thailand had accepted its recommendations, including on addressing all forms of gender-based violence and eliminating all forms of child labour and child sex tourism.  Kyrgyzstan recommended the adoption of the outcome report of Thailand and wished it all success in the implementation of the accepted recommendations.

Lao People’s Democratic Republic took note with appreciation of the commitment of Thailand to the promotion and protection of human rights and the efforts to create favourable conditions for the people to exercise fundamental freedoms and rights by adopting the new Constitution and a range of laws.  Lao People’s Democratic Republic was pleased by the efforts of Thailand in protecting and promoting the rights of women, children and persons with disabilities, enhancing the right to work, improving education quality and health care services, and combatting poverty.

International Commission of Jurists was disappointed that several key recommendations concerning restrictions on civil and political rights had not been accepted.  The Interim Constitution, put in place by the military Government after the May 2014 coup, remained in force, giving the military sweeping powers and unchecked powers inconsistent with the fundamental pillars of the rule of law and human rights. 

Rencontre Africaine pour la Défense des Droits de l’Homme said that reforms taken by Thailand on health, education, gender equality, combatting poverty and ensuring access to drinking water were praiseworthy.  However, it noted that since the military coup, the human rights situation had considerably deteriorated and it deplored measures taken against protesters and human rights defenders. 

Action Canada for Population and Development welcomed Thailand’s acceptance of recommendations to reinforce harm reduction measures targeting drug users and HIV patients, but was concerned that the Government had rejected the adoption of a comprehensive anti-discrimination law.  It noted that lesbian, gay, bisexual, transgender and intersex persons suffered many forms of discrimination.  Such discrimination could not be addressed effectively without specific legislation.

International Federation for Human Rights Leagues, expressed disappointment over Thailand’s failure to make commitments towards the implementation of key recommendations concerning the right to liberty, freedom of opinion and expression, freedom of peaceful assembly, the right to a fair trial, the death penalty, and the ratification of international instruments. 

Asian Forum for Human Rights and Development, expressed concern over the safeguarding of freedom of expression and assembly of human rights defenders.  It urged the Government to immediately accept pending requests for official country visits by the Special Procedures mandate holders, to guarantee the independence and effectiveness of the National Human Rights Commission, and to ensure that it fully complied with the Paris Principles. 

Amnesty International expressed concern that emergency laws and decrees permitting detention in unofficial places of detention increased the risk of torture and other ill-treatment.  Thailand continued to enforce legislation criminalising the rights to freedom of expression and assembly, and human rights defenders had been prosecuted and convicted for criminal defamation for their peaceful human rights work.

International Lesbian and Gay Association urged the Thai Government to implement a number of actions to protect the community of lesbian, gay, bisexual, transgender and intersex persons, including amending laws that discriminated against lesbian, gay, bisexual, transgender and intersex persons, which were not in line with international human rights standards, among others initiatives. 

Human Rights Watch said that Thailand’s military junta had pledged much but done little to promote and protect human rights since taking power in May 2014.  The new constitution endorsed the junta’s unlimited administrative, legislative and judiciary power, and would protect the junta from being held accountable for any of the human rights abuses committed since taking power. 

The Vice-President said that based on the information received, out of 249 recommendations received, 187 enjoyed the support of Thailand, while 62 were noted. 

THANI THONGPAKDI, Ambassador and Permanent Representative of Thailand to the United Nations Office at Geneva, in his concluding remarks concerning the timeline for the ratification of the International Convention for the Protection of All Persons from Enforced Disappearances, said that the draft was currently with the Cabinet, which should be returned by the end of this month and sent to the National Legislative Assembly.  Over the past two months, there had been a gradual easing of the restrictions, but it must be kept in mind that Thailand was still in transition and there was a need to further work on reconciliation.  Thailand was committed to abolishing the death penalty, taking a step-by-step approach; the issue was also included in the Third National Action Plan on Human Rights.  Nevertheless, the death penalty had not been actively imposed for over a decade now, and the last execution had taken place in 2009.  Thailand was not a party to the 1951 Refugee Convention, but nevertheless was demonstrating its humanitarian commitment and was working on expanding the reception capacities. 

The Government was drafting the law on civil partnership, and it must not be forgotten that the Gender Equality Act had recently entered in force, which ensured protection from discrimination regardless of sexual orientation.  Human rights defenders were protected under the Thai law as all other persons and were entitled to carrying out their work without hindrance, in compliance with international standards.  The Universal Periodic Review process was not about how many recommendations had been received or accepted, but was about the implementation which would yield concrete results and bring positive change on the ground.  Thailand had also embarked on the implementation of new and emerging issues, such as business and human rights, and was considering the development of a national action plan on this issue.  The Government would do its best to ensure that civil society was engaged at all stages, from planning to implementing to monitoring.

The Council then adopted the outcome of the Universal Periodic Review of Thailand.
 
Consideration of Outcome of Universal Periodic Review of Ireland

PATRICIA O’BRIEN, Permanent Representative of Ireland to the United Nations Office at Geneva, emphasized that Ireland was fully committed to the Universal Periodic Review process.  She expressed gratitude to Irish civil society for having engaged in the process.  While the Government and civil society pursued different approaches, they both strived for the common objective of achieving a safe, fair, tolerant and more equal Ireland for all inhabitants.  Particular attention was paid to hearing the voices of young people, with focus on access to education, the right to a home, the right to food and water, and the right to be treated equally without discrimination.  Ireland was working on the ratification of the Convention on the Rights of Persons with Disabilities, which it had signed in 2007.  Before ratification, Ireland needed to enact new legislation and amend existing legislation in order to ensure that it was in a position to fully meet all its requirements.  Considerable progress had already been made to overcome barriers to Ireland’s ratification through the Assisted Decision-Making (Capacity) Act of 2015.  The Criminal Law (Sexual Offences) Bill 2015 had been passed by Parliament, and work was underway on drawing up an Equality/Disability Bill to progress miscellaneous legislative amendments necessary to proceed to ratification.  The Government was also undertaking a comprehensive consultation process to introduce a revised National Disability Inclusion Strategy, which would be in place by the end of the year. 

Ireland had a strong track record in promoting and enhancing gender equality and a key objective of the Government was to pursue further developments to support childcare in the crucial first year of a newborn’s life and to promote a fairer sharing of family responsibilities between women and men.  As for prison conditions and detention, the Mountjoy Prison had been completely refurbished and a new replacement prison had been opened in Cork.  Ireland was a signatory of the Optional Protocol to the Convention against Torture and would ratify it once necessary legislation was in place to provide for a national preventive mechanism to inspect places of detention for the purposes of the protocol.  With respect to housing, the serious economic crisis which Ireland had suffered in recent years had created legacy issues in terms of homelessness, which the Government had made a priority.  In July 2016, the Minister for Housing had announced an ambitious “Housing Action Plan” which had made a commitment of 5.5 billion pounds to build social housing and infrastructure. 

Irish Human Rights and Equality Commission expressed regret that the important issue of Traveller ethnicity had not progressed since Ireland’s first Universal Periodic Review in 2011, also expressing concern at the issue of the protection of refugees and asylum seekers.  The Commission remained concerned at the current legal position in relation to abortion.

Kyrgyzstan welcomed Ireland’s engagement with the Universal Periodic Review, and commended the country for accepting Kyrgyzstan’s recommendation, but regretted that a number of recommendations on women’s health, such as on the availability of safe abortion, had not been accepted.

Maldives commended Ireland for developing a national plan against trafficking and extending the Early Childhood Care Education Programme, wishing the Government success in its implementation of the recommendations.

Pakistan congratulated Ireland on the adoption of the National Disability Inclusion Strategy, as well as other measures taken, and urged the Irish Government to continue making efforts to ensure women’s participation in political life and in decision-making.  

Republic of Korea said that although its recommendation regarding the revision of Ireland’s legislation on abortion to be in line with international standards on sexual and reproductive rights did not enjoy Ireland’s support, the Republic of Korea believed that Ireland continued to actively tackle the issue.

Republic of Moldova noted positively the innovative approach of Ireland to the consultation process and the inclusion of children and young people and taking their views, and welcomed the implementation of its recommendations on the adoption of the Domestic Violence Bill and on improving protection for victims, including by providing shelter and legal aid.  Ireland was asked to inform on the creation of the National Action Plan and the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  

Russia was pleased to note the acceptance of its recommendations concerning the need for impartial investigations into human rights violations by prison guards, and the support to victims of gender-based and domestic violence.  Russia hoped that the recommendations would be fully implemented and overcome the existing shortcomings, including on racism and racial discrimination.  

Sierra Leone hoped that Ireland would consider raising the age of criminal responsibility and would take action to this end through the National Youth Justice Action Plan.  Sierra Leone welcomed the efforts to tackle violence against women, including though the second national strategy on domestic, sexual and gender-based violence 2016-2021.

Sudan commended Ireland for the strengthening of the rights of children through Constitutional amendments and the establishment of the Child and Family Agency and the Child Protection and Human Exploitation Unit.  Sudan welcomed the action plan on combatting human trafficking and took positive notice of Ireland’s acceptance of the majority of the recommendations, including those made by Sudan.

Togo welcomed the creation of the Irish Commission for Human Rights and noted with satisfaction the drafting of the second national strategy for combatting family violence, including a plan to ratify the Convention of the Council of Europe on the prevention and fight against violence against women and girls.

Venezuela valued Ireland’s adherence to the Optional Protocol on the Convention on the Rights of the Child with respect to the participation of children in armed conflict.  It encouraged the Government to continue reinforcing its social policies in order to improve the quality of life of its citizens, with emphasis on the most vulnerable groups, such as ethnic, racial and cultural minorities. 

Afghanistan commended all efforts of Ireland to reform policing and the establishment of an Independent Policing Authority on 1 January 2016.  It further noted that Ireland had introduced the universal health care reform as the most fundamental reform of health service, assisting the Government in deciding the best long-term approach to achieving universal health care.

Albania was pleased to note that Ireland attached great importance to human rights and to the Universal Periodic Review, and the progress made in the promotion of human rights.  It welcomed the progress made towards the ratification of the Optional Protocol to the Convention against Torture, and for establishing a national preventive mechanism in the framework of the criteria and safeguards provided by that instrument.

Armenia noted Ireland’s leading role in fighting impunity, advocating against reprisals affecting human rights defenders, and promoting civil society space domestically and internationally.  Armenia appreciated Ireland’s acceptance of a recommendation regarding the promotion of human rights education programmes in relation to the prevention of genocide and crimes against humanity. 

Botswana commended Ireland for its commitment to the promotion and protection of children’s rights, and encouraged the country to finalise and implement legislation to remove the current exemption allowing for underage marriage.  

China urged Ireland to implement accepted recommendations, noting that no country in the world had a perfect human rights record, and expressed concern about the situation for the rights of women, also noting the existence of racism and hate crimes.  Ireland was called on to fulfil international obligations, and protect the rights of asylum seekers and migrants.

Council of Europe expressed concern about vulnerable groups falling victim to austerity measures, and also expressed concern about difficulties faced by the Traveller community in the fields of education, employment and housing.  Ireland was invited to ratify several international instruments, including the Convention on Preventing and Combatting Violence against Women and Domestic Violence.

Action Canada for Population and Development was concerned that Ireland had rejected 16 recommendations related to sexual reproductive health, and that the Government’s silence on its restrictive abortion laws demonstrated the continued disregard for women’s and girls’ human rights. 

International Federation for Human Rights Leagues urged Ireland to fully protect the reproductive rights of women and girls ,including access to safe and legal abortion through Constitutional and legislative reform, to take additional steps to tackle the growing housing and homelessness crisis, and to recognize Travellers as an ethnic group without further delay.

British Humanist Association remained concerned about the continued refusal to hold a referendum to amend the Constitution as it related to abortion.  The Constitution did not prohibit travelling abroad to have an abortion, but it limited abortion being performed within the territory, even in cases of rape, incest and fatal foetal abnormality, thus making Irish abortion laws among the most restrictive in the world.

Alliance Defending Freedom said that there was no internationally agreed human right on abortion and stressed that international laws guaranteed the right to life and the protection of children before and after they were born.  Same sex marriage might become a law in several countries, but it was not a human right.

Amnesty International regretted Ireland’s rejection of 16 out of 17 recommendations relating to its harsh abortion law.  Under Ireland’s Constitution abortion was only lawful in life-threatening situations, with a potential prison sentence of 14 years for women or health professionals.  It urged Ireland to expedite reforms of its “direct provision” accommodation which was unsuitable for long-stay residence, especially for families, children and victims of torture. 

Atheist Alliance International stated that Ireland needed a religious equality referendum to remove the offense of blasphemy.  With respect to education, Irish schools breached the human rights of atheist and minority faith children, families and teachers.  Ireland should oblige public schools to deliver educational services in an objective and pluralistic manner and without religious bias.   

Edmund Rice International Limited noted that education was a fundamental human right and essential for all other human rights.  Research over the past two decades had linked early school leaving in Ireland with a range of negative future outcomes for children.  Every year, some 14 per cent of students continued to leave school without completing their education.  Furthermore, mental health services for children were not adequate.

International Service for Human Rights welcomed Ireland’s significant support for human rights defenders, expanding civil society space and preventing and ensuring accountability for reprisals at the international level.  However, at the national level there was concern about the situation and challenges faced by defenders working on sexual and reproductive rights, especially stigmatization of those advocating for women’s reproductive rights. 

International Planned Parenthood Federation, noted that Irish abortion laws harmed women’s health and could not be reconciled with women’s right to reproductive health.  It urged the Government to prioritize all necessary steps to reform the Constitution and legislation, including the calling of a referendum, to fully protect the reproductive rights of women and girls in Ireland, including access to safe and legal abortion services. 

The Vice-President said that out of 262 recommendations received, 176 enjoyed the support of Ireland while 74 were noted.  Additional clarification had been provided on 12 recommendations, indicating which parts of those recommendations were supported and which parts were noted.

PATRICIA O’BRIEN, Permanent Representative of Ireland to the United Nations Office at Geneva, said that Ireland was committed to the Universal Periodic Review process and valued greatly the input of other countries to the process.  She thanked delegations for their interventions and continued engagement throughout Ireland’s second Universal Periodic Review.  Tribute was also paid to the Irish Human Rights and Equality Commission and other non-governmental organizations present, who had contributed to ensuring that Ireland’s domestic consultation process was robust, effective and valuable.

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

Video Message by the United Nations High Commissioner for Human Rights
 
ZEID RA’AD AL HUSSEIN, United Nations High Commissioner for Human Rights, in a video message welcomed the President of Bolivia, Evo Morales.  At a time of intensifying threats to human rights arising from climate changes, he hailed the inspirational role of Bolivia in the global adoption of the International Day of Mother Earth, which guided the international community to promote harmony between all public policies and the health of the global ecosystem and planet.  The Human Rights Council would recall the leading role of President Morales in the adoption of the General Assembly’s Resolution 64/292 on the right to safe and clean drinking water, and the right to sanitation.  Bolivia had made significant advances in the fight against racism and other forms of discrimination.  It had also decreased inequalities, particularly gaps between the highest and lowest incomes. 

High Commissioner Zeid also commended Bolivia’s efforts to fight extreme poverty and malnutrition, and advances in securing the rights to education, health, housing and access to information.  He paid tribute to the work of many Bolivian civil society organizations, human rights defenders, trade unions and independent media.  In the decades since the end of the military dictatorship, Bolivia had made real progress in advancing fundamental freedoms of expression and association.  As for the rule of law, progress had been made in improving prison conditions and correction of an often excessive use of pre-trial detention.  High Commissioner Zeid encouraged the Government of Bolivia to continue to advance the rights of indigenous peoples by approving the draft law on free, prior and informed consultation of indigenous people, which had been pending in the Bolivian Parliament since 2014.  He noted that the crimes committed during past dictatorships should be fully addressed and he urged President Morales’ support for organizations of victims which sought truth, justice and reparation.

Statement by the President of Bolivia

EVO MORALES, President of Bolivia, said that many years ago, he had been in the Council as a trade union leader, to defend the right of peasants and coco growers, and defend the coco leaves in their natural state.  Today, President Morales was standing before this Council to defend the human rights of more than 10 million Bolivian men and women and bring their voices to the Council.  President Morales emphasised some positive achievements of the Council such as the adoption of the United Nations Declaration on the Rights of Indigenous Peoples and reiterated the commitment of Bolivia to its implementation.  He also emphasized various resolutions in the Council, including on the right to food and on the human right to water, which was a fundamental human right; it must be seen as a public service and must not be traded.  It was important to pay attention to the Working Group led by Bolivia which was negotiating the draft United Nations Declaration on the Rights of Peasants.  Among the pending issues were those related to Mother Earth; human beings could not survive without Mother Earth and therefore it was of a crucial importance to think further how the rights of Mother Earth could be protected.  Challenges in the promotion and protection of human rights remained, and in Bolivia one of those challenges was human rights violations suffered by women, men, children – whole families – whose jobs was to transport the goods from Bolivia to the ports and harbours of the Pacific. 

Bolivia had lost its coast to Chile as a result of a military invasion in 1879; the stripping of its coastal land had forced Bolivia to sign the 1904 treaty, which promised to guarantee free transit of trade from Bolivia to the marine coast.  The treaty had established two fundamental commitments of Chile to Bolivia, including the obligation to grant the most comprehensive free transit and free access to Chilean harbours to all merchandise, without the right of Chileans to check the cargo or charge fees.  However, this right was not respected by the Chilean Government and was in fact systematically and deliberately denied to Bolivians.  There were restrictions and limitations to transit of merchandise from Bolivia, trucks were being stopped at the borders for days on end and the human rights violations of transporters and their families were violated.  Families were forced to sleep and spend days in cold weather, without adequate food or sanitation; sometimes, they had to wait for weeks on end.  In addition, the state of the roads was very poor; the 190 kilometres of the road, which should take three hours to cross, took seven hours.  This was another example of the lack of compliance of Chile with the provisions of the treaty.  Chile was also violating international trade agreements by forcing sanitary controls of the cargo in transit, and was thus acting as a barrier to Bolivians foreign trade, and this violated various international rules, including the 1912 Convention of Commercial Traffic, the 1953 Arica Declaration, and Article 5 of the World Trade Organization’s General Agreement on Tariffs and Trade.  

Bolivia’s Foreign Minister had confirmed in person the human rights violations committed by Chile in this context, and himself had been forced to wait for more than six hours in the Port of Arica, in a confined space, and was finally prevented from accessing the port.  The maritime ports were being privatised, and the private companies were abusing the landlocked situation of Bolivia and were making profits – 80 per cent of the cargo in Port of Arica was Bolivian.  Bolivians were being treated in an inhumane and discriminatory manner, and were suffering denigrating treatment by Chilean border officials.  Chilean authorities were promoting racial discrimination against Bolivian people and an example was a public appeal made by a mayor of Antofagasta in July 2016, for racism and hostility against authorities and people of Bolivia.  Chile was systematically violating the human rights of Bolivian transporters in the Chilean territory, including the rights guaranteed in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination.  In closing, President Morales reiterated the commitment of Bolivia to dialogue and peaceful resolution of disputes, and urged the Council to be watchful of the violations of fundamental rights of transporters, and ensure that all those in landlocked countries enjoyed decent working conditions and the protection of their fundamental human rights.

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