Human Rights Council Adopts Universal Periodic Review Outcomes of Republic of Korea, Switzerland and Zambia

The Human Rights Council this afternoon adopted the Universal Periodic Review outcomes of the Republic of Korea, Switzerland and Zambia.

Concerning the Republic of Korea, the Vice-President of the Council said that based on the information provided, out of the 263 recommendations received, 159 enjoyed the support of the Republic of Korea, and 99 were noted.  Additional clarification was provided on another five recommendations, indicating which parts of the recommendations were supported and which parts were noted.

Speaking in the discussion on the Republic of Korea were China, India, Indonesia, Lao People's Democratic Republic, Libya, Maldives, Nepal, Pakistan, Russian Federation, Singapore, Sri Lanka, Tunisia, Tanzania, Vanuatu, Venezuela and Algeria.

Also speaking were Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, Conscience and Peace Tax International, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale - OCAPROCE Internationale, Centre for Global Nonkilling, Amnesty International, Asian Forum for Human Rights and Development, and GongGam Human Rights Law Foundation.

As for Switzerland, the Vice-President said that based on the information provided, out of the 317 recommendations received, 209 enjoyed the support of Switzerland, and 102 were noted.  Additional clarification was provided on another six recommendations, indicating which parts of the recommendations were supported and which parts were noted.

Speaking in the discussion on Switzerland were Philippines, Russian Federation, Senegal, Sierra Leone, Sri Lanka, Ukraine, United Kingdom, Tanzania, Vanuatu, Venezuela, Algeria, Armenia, Belgium, Botswana and Burkina Faso. 

Also speaking were Centre for Global Nonkilling, World Evangelical Alliance, Action Canada for Population and Development, World Jewish Congress, International Federation of ACAT (Action by Christians for the Abolition of Torture), Conscience and Peace Tax International, Alliance Defending Freedom, FIAN International e.V., Institute for NGO Research, and Amnesty International.

With regard to Zambia, the Vice-President said that based on the information provided, out of the 250 recommendations received, 226 enjoyed the support of Zambia, and 24 were noted.

Speaking in the discussion on Zambia were Gabon, India, Lesotho, Libya, Malawi, Maldives, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nigeria, Russian Federation, Senegal, South Africa and Sri Lanka.

Also speaking were Action Canada for Population and Development, International Volunteerism Organization for Women, Education and Development - VIDES, International Lesbian and Gay Association, International Service for Human Rights, Edmund Rice International Limited, Advocates for Human Rights, CIVICUS - World Alliance for Citizen Participation, FIAN International e.V., Amnesty International, and Centre du Commerce International pour le Développement.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.

The Council will next meet at 10 a.m. on Monday, 10 July, to consider the Universal
Periodic Review outcomes of Pakistan, Japan and Sri Lanka.

Consideration of Outcome of Universal Periodic Review of the Republic of Korea

Report

The Council has before it the Report of the Working Group on the Universal Periodic Review of the Republic of Korea (A/HRC/53/11) and its addendum (A/HRC/53/11/Add.1).

Presentation

Republic of Korea said the Government had held a consultation with the National Human Rights Commission of Korea and civil society, who offered valuable opinions and views on the recommendations.  To further coordinate and engage with relevant ministries and agencies, recommendations were carefully reviewed through the National Human Rights Policy Council.  The Government had indicated its support for the recommendations that were in due process of implementation or would be implemented in a foreseeable time period.  The Government had indicated “note” or “not accept” to some recommendations, as they were not in line with the spirit and purpose of the Universal Periodic Review.  The ratification of and accession to international human rights instruments were the subject of many recommendations.  The Government had acceded to several instruments, while the ratification of the International Convention on the Protection of the Rights of All Migrant Workers required further consideration.

On recommendations regarding the prohibition of discrimination in the country by law, the Government had considered the actions required by each recommendation and supported some recommendations, while some did not enjoy support due to obstacles in taking immediate action in a short period of time.  The abolition of the death penalty required thorough review.  The Government was pleased that alternative service for conscientious objectors to military service was now in place since October 2020, as recommended in the previous cycles.  The Government also expressed its full support for recommendations to continue its efforts to tackle human trafficking, and on the rights of women and gender equality.  As in the previous cycles, the Government would continue its efforts to follow-up on the recommendations, such as submitting a mid-term report, and through constructive dialogue with the National Human Rights Commission of Korea, civil society, and relevant ministries and agencies.

National Human Rights Commission of Korea thanked Member States for their recommendations to the Republic of Korea which included new challenges such as climate change and new technologies.  While it was a positive step that the Government had accepted 164 recommendations out of 263, the Commission regretted that 99 recommendations were noted by the Republic of Korea.  It was concerning that the Republic of Korea had not supported recommendations calling for legislation on an anti-discrimination act, and concerning the abolition of the death penalty.  The Government was encouraged to establish concrete plans to implement individual recommendations. 

Discussion

In the discussion, some speakers welcomed the recommendations accepted by the Republic of Korea, reflecting its strong commitment to the Universal Periodic Review process, and its commitment to its human rights obligations.  Significant progress had been made in the field of education, in particular achieving a high rate of high school enrolment, and free high school education.  The various measures implemented to enhance the promotion and protection of human rights in the country, especially those of vulnerable groups, were appreciated.  That the Government had adopted a consultative approach when formulating the national report was also a positive step. 

Measures taken to further the human rights agenda in the Republic of Korea were welcomed.  Substantive strides had been made in addressing the needs of the population.  The expansion of the physical and policy infrastructure to face the challenges of the population were appreciated.  The continued commitment to promote the right to education was appreciated, and the provision of education allowances to children from low-income families.  The fulfilment of obligations to prevent trafficking was also noted with appreciation.  The various initiatives taken by the Government to promote and protect gender equality and women’s rights were applauded.  The efforts of the Government to combat racism, racial discrimination, and xenophobia were approved and encouraged. 

One speaker remained concerned about the persistent discrimination and hate speech suffered by immigrants and minorities in the country, as well as the increase of violence both online and offline suffered by women in the country.  The Republic of Korea should take effective action against violence, hate speech, and effectively guarantee the rights of vulnerable groups in housing, education, health and employment.  The non-acceptance of the recommendations on migrant workers was regretted, given that many migrant workers were living in the country.  Another speaker had serious concerns over the national security law which allowed the arrest and long-term detention of persons, as well as concerns over the freedom of expression.  Shortcomings in the promotion and protection of human rights needed to be overcome.  The Republic of Korea was also encouraged to eliminate the death penalty.

The Vice-President of the Council said that, based on the information provided, out of the 263 recommendations received, 159 enjoyed the support of the Republic of Korea, and 99 were noted.  Additional clarification was provided on another five recommendations, indicating which parts of the recommendations were supported and which parts were noted.

Concluding Remarks

Republic of Korea thanked everyone for their constructive views and comments during the meeting.  The Korean Government would pay heed to all the encouragements and concerns set forth in order to further pursue the highest standards of human rights.  The Universal Periodic Review process presented a valuable opportunity to closely examine and monitor the situation of human rights through an interactive and ongoing process.  The Government would keep the Universal Periodic Review spirit in mind and continue to follow-up on the recommendations in an open and transparent manner.  The Government reaffirmed its unwavering support for the Universal Periodic Review and other United Nations human rights mechanisms.

The Council then adopted the decision on the outcome of the Universal Periodic Review of the Republic of Korea.

Consideration of Outcome of Universal Periodic Review of Switzerland

Report

The Council has before it the Report of the Working Group on the Universal Periodic Review of Switzerland (A/HRC/53/12) and its addendum (A/HRC/53/12/Add.1).

Presentation

Switzerland said the Universal Periodic Review strengthened the national debate on human rights, and was thus a high point for human rights in Switzerland, which had carried out a national discussion with the cantons, who played a significant part in the federal system.  Switzerland had received 317 recommendations and today, having examined them in detail, it accepted 209, noted 102, and partially accepted six.  The decision to accept or take note of a recommendation was taken after analysis as to whether Switzerland had already taken steps in this regard, or would be able to provide an update at the next review.  Switzerland wished to engage in an inclusive decision-making process.  The Federal Council had adopted Switzerland’s position on the recommendations on 2 June. 

The Universal Periodic Review encouraged all to analyse issues and challenges related to the respect of human rights, and to improve the situation - Switzerland was committed to this with determination and focus.  Switzerland only accepted recommendations if they could be implemented with a clear time frame, or steps had already been made to that end.  The Federal Council regularly analysed the Swiss legal and political order so as to determine whether it could adopt international instruments or withdraw reservations that it had made thereto.  In Switzerland, the protection against discrimination was guaranteed, and there were laws that tackled specific types of discrimination, providing the most specific approach to each area, rooting the principles of anti-discrimination in the legal framework.  Persons with disabilities would be better protected against discrimination in the world of work thanks to a revision of the act on persons with disabilities, which would be concluded by the end of 2023.  Switzerland remained aware that efforts needed to continue to address existing challenges.

Discussion

Switzerland was commended for accepting 209 recommendations, reconfirming its strong commitment to the Universal Periodic Review process and to promote and protect human rights. 

Many speakers were pleased by Switzerland’s decision to establish a national human rights institution, in line with recommendations.  The creation of a working group to establish the national human rights institution, in accordance with the Paris Principles, was welcomed.  Speakers appreciated actions taken by Switzerland to combat racism and hate speech, and encouraged the State to continue strengthening legislation to combat discrimination. 

One speaker greatly valued Switzerland’s protection offered to Ukrainian people who had had to flee their homes following Russia’s war of aggression.  Another speaker said Switzerland had made good progress in combatting trafficking in persons and sexual exploitation, including through the adoption of the third national action plan against trafficking in persons and the implementation, within the framework of the asylum procedure, of processes for identifying and providing assistance to potential victims of trafficking.  Speakers also welcomed recommendations which continued to eliminate discrimination against lesbian, gay, bisexual, transgender and intersex people. 

One speaker noted serious concerns around the growing number of cases of discrimination of Russians in Switzerland.  The issue of the overcrowding of prisons in the French speaking part of Switzerland and laws which limited freedom of expression were also concerning.  Switzerland was called on to remove illegitimate barriers to exercising religious freedoms, enacted in the canton of Geneva.  Structural racism in Switzerland was a concern, and the country was urged to end the impunity of the police and address its international obligations in regard to overcoming racism. 

The Vice-President of the Council said that out of the 317 recommendations received, 209 enjoyed the support of Switzerland, and 102 were noted.  Additional clarification was provided on another six recommendations, indicating which parts of the recommendations were supported and which parts were noted.

Concluding Remarks

Switzerland thanked the many delegations who spoke for their highly appreciated commitment to Switzerland’s Universal Periodic Review and the various staff of the Office of the High Commissioner for Human Rights and the United Nations Office at Geneva for all their good work which helped the Universal Periodic Review go smoothly.

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

Consideration of Outcome of Universal Periodic Review of Zambia

Report

The Council has before it the Report of the Working Group on the Universal Periodic Review of Zambia (A/HRC/53/14) and its addendum (A/HRC/53/14/Add.1).

Presentation

Zambia said the country had made tremendous progress since their last review in 2017.  The bulk of the recommendations noted were matters to do with the lesbian, gay, bisexual, transgender and intersex community, which were not in sync with the provisions of the Zambian Constitution, or the national values and principles.  The recommendations to recognise the existence of indigenous people in its territory and the right to access to their ancestral lands were also noted because Zambia did not have indigenous peoples as defined in international law.  Zambia deferred 44 recommendations for further consultations with national stakeholders back home, and ultimately a decision was made to support 43 out of the 44 deferred recommendations, bringing the total of the supported recommendations to 226, representing a 90.4 per cent acceptance rate.  The noted recommendation, to progressively ratify outstanding international human rights instruments, could not be supported because it was generic in nature.

The 43 supported recommendations after national stakeholder consultations included recommendations pertaining to international treaties, including to ratify the three Optional Protocols to the Convention on the Rights of the Child, the Protocol to Eliminate Illicit Trade in Tobacco Products, and the Treaty on the Prohibition of Nuclear Weapons; to move towards the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty; and to ratify the International Convention on the Protection of the Rights of All Migrant Workers, among others.  Zambia had commenced the process of the ratification of the Second Optional Protocol on the death penalty, which implied that the State party had already started implementing some of the recommendations.  Zambia had successfully launched the national mechanism for implementation, reporting and follow-up in June 2023.  Zambia fully supported the promotion and protection of human rights. 

Discussion

In the discussion, some speakers said the efforts by the Government to build up legislation which was in line with United Nations human rights protection provisions, including adopting laws to abolish the death penalty and the promulgation of the Code of the Child, were appreciated.  The review saw a substantive dialogue, with the constructive engagement of Zambia, demonstrating its strong commitment to the Universal Periodic Review process.  Most of the recommendations made in the fourth cycle of the review enjoyed the support of Zambia, which had taken impressive steps to combat gender-based violence, and had adopted a legal framework that guaranteed the socio-economic rights of the people.  The Government used education to mainstream the human rights of women and girls, and had taken steps to reduce maternal mortality and increase the number of women in decision-making posts. 

Some speakers said Zambia should establish an implementation plan for the recommendations adopted, in line with the priorities of the country.  Adopting the Optional Protocol to the International Convention against Torture was a positive step forward which Zambia had taken.  Awareness-building of human rights through campaigns in the school curricula were noted with appreciation.  Zambia had made progress, and should consolidate legislation to protect the rights of migrants and refugees.  Steps were being taken to promote the welfare of persons with albinism, including through cancer clinics and covering the medical costs of some persons with albinism.  The efforts to reduce child, forced and early marriage were also noted.

Some speakers said although progress had been made in Zambia’s HIV response, there had been an increase in the number of infections, especially among young people, and Zambia needed to ensure that young people had access to comprehensive sexual education and adequate testing and care.  Zambia also needed to equip teachers and schools, regardless of geographical location.  One speaker said abortion should be decriminalised and safe abortion services should be of good quality, affordable, and widely available, including in rural areas.  Concern remained for the number of child marriages, and there should be better coordination of efforts to combat the phenomenon.  There should be better coordinated efforts to end child labour, with a unified response to the phenomenon involving civil society.  Further efforts should be made to combat domestic, sexual and gender-based violence.  Laws criminalising same-sex acts should be repealed.

The Vice-President said that based on the information provided, out of the 250 recommendations received, 226 enjoyed the support of Zambia, and 24 were noted.

Concluding Remarks

Zambia said the Government was determined to continue making improvements in the promotion and protection of human rights for all.  Zambia wished to register its gratitude to all the countries that had made recommendations.  Since the national mechanism for implementation, reporting and follow-up was being set up in Zambia for the first time, Zambia appealed for technical and financial support from all cooperating partners and civil society organizations.  Zambia would prepare an implementation plan for the next cycle.

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

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/07/afternooon-human-rights-council-adopts-universal-periodic-review