Human Rights Council Adopts Universal Periodic Review Outcomes of the Bahamas, Burundi and Luxembourg

AFTERNOON 2 October 2023

The Human Rights Council this afternoon adopted the Universal Periodic Review outcomes of the Bahamas, Burundi and Luxembourg.

Concerning the Bahamas, the Vice-President of the Council said out of the 233 recommendations received, 162 enjoyed the support of the Bahamas, and 69 were noted. Additional clarification was provided on another two recommendations, indicating which parts of the recommendations were supported and which parts were noted.

The Council adopted the outcome of the Universal Periodic Review of the Bahamas.

Speaking on Bahamas were Trinidad and Tobago, Tunisia, United Nations Women, United Nations Population Fund, Tanzania, Venezuela, Barbados, Brunei Darussalam, Chile, China, India, Jamaica, Maldives, Nepal, Peru, Russian Federation, Sierra Leone and Nigeria.

Also speaking were Centre for Global Nonkilling, International Lesbian and Gay Association, Advocates for Human Rights, and Rencontre Africaine pour la defense des droits de l'homme.

On Burundi, the Vice-President of the Council said out of the 287 recommendations received, 204 enjoyed the support of Burundi, and 83 were noted.

The Council adopted the outcome of the Universal Periodic Review of Burundi.

Speaking on Burundi were Russian Federation, Senegal, Sierra Leone, Singapore, South Africa, Tunisia, United Nations Women, United Kingdom, United Nations Human Settlements Programme, United Nations Population Fund, Tanzania, Venezuela, Zimbabwe and Algeria.

Also speaking were East and Horn of Africa Human Rights Defenders Project, International Service for Human Rights, Lutheran World Federation, United Nations Watch, CIVICUS - World Alliance for Citizen Participation, Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, and Centre du Commerce International pour le Développement.

Regarding Luxembourg, the Vice-President of the Council said out of the 254 recommendations received, 232 enjoyed the support of Luxembourg, and 22 were noted.

The Council adopted the outcome of the Universal Periodic Review of Luxembourg.

Speaking in the discussion were Senegal, Sierra Leone, Sri Lanka, Tunisia, Ukraine, United Republic of Tanzania, Venezuela, Algeria, Armenia, Azerbaijan, Burkina Faso, Cameroon, China, Gabon, Indonesia, Kazakhstan, Libya and Maldives.

Also speaking were Alliance Defending Freedom and United Nations Watch.

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-fourth regular session can be found here.

The Council will next meet at 10 a.m. on Tuesday, 3 October, when it will continue with the consideration of the Universal Periodic Review outcomes of Barbados, Israel and the United Arab Emirates.

Consideration of Outcome of Universal Periodic Review of the Bahamas

Report

The Council has before it the reports of the Working Group of the Universal Periodic Review of the Bahamas:A/HRC/54/10, A/HRC/54/10/Add.1, (English advance version)

Presentation

Bahamas said the 233 recommendations received by the Bahamas were divided into 26 thematic clusters, with 164 or 70 per cent of the recommendations supported. Among the supported recommendations were those relative to the rights of women and girls, domestic violence and violence against women, the rights of the child, the right to education, climate change and the environment, the national human rights institution/ombudsman, and trafficking in persons.

Since the Bahamas’ fourth review, the Government had continued efforts to implement the national strategic plan to address gender-based violence, with the most recent achievement being the implementation of the Family Island Coordination Councils to address gender-based violence. After wide consultation with non-governmental organizations, the Government had prepared a draft bill to address gender-based violence entitled the ‘Protection against Violence Bill, 2023’. The Bahamas also agreed to consider two recommendations which spoke directly to gender discrimination, including criminalising marital rape, and providing Bahamian women with the same rights as Bahamian men to confer citizenship on their children or spouses.

The Government was aware of the longstanding recommendation for the establishment of a moratorium on executions and the abolition of the death penalty and had no immediate intention to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty. There had been no reported cases in the Bahamas where anyone had experienced alleged discrimination on the basis of sexual orientation, and same-sex conduct was decriminalised. The Bahamas was fully committed to an inclusive process of implementation of the recommendations received, despite socio-economic challenges and environmental complexities faced as a small island developing State.

Discussion

Some speakers, mindful of the many challenges faced as a small island developing State, commended efforts being made by the Bahamas to, inter alia, improve its resilience to climate change, strengthen its gender-based policy framework, and pursue technical assistance and capacity-building opportunities in pertinent areas. On this latter note, speakers highlighted the continuing important role to be played by the international community in bolstering much-needed capacity, particularly with respect to climate resilience and adaptation efforts. Recognising the challenges faced by the Bahamas on the negative impact of climate change, speakers highly appreciated the Government’s commitment and continuous efforts made in relation to climate change mitigation as well as adaptation, and encouraged international efforts to support the Bahamas and other small island developing States.

The steps taken by the Government to strengthen the legislative network for the protection and promotion of human rights were noted and approved. Speakers encouraged continued efforts in striving for a gender equal future for all Bahamians, particularly through specific policy and legislative reforms in the areas of intimate partner violence and unpaid care work. The Bahamas was commended for accepting most of the recommendations made during the review, and for implementing programmes to eliminate poverty, and to improve the welfare of students. The Government was focusing on poverty-elimination programmes, and providing food aid and rent payments to the most disadvantaged. Speakers hoped that the Government would be successful in implementing the recommendations, in order to allow the country to overcome the challenges it faced in the field of human rights.

The Vice-President of the Council said out of the 233 recommendations received, 162 enjoyed the support of the Bahamas, and 69 were noted. Additional clarification was provided on another two recommendations, indicating which parts of the recommendations were supported and which parts were noted.

Concluding Remarks

Bahamas thanked all of those who had participated in the discussion. The Bahamas was committed to the full implementation of the supported recommendations and to the work of the Human Rights Council. In addition to the direct dividends in the advancement of human rights to be gained from the Bahamas’ participation in the Universal Periodic Review process, there had been positive collateral benefits, including the opportunity for the Bahamas to seek technical assistance with respect to software to enhance the collection and analysis of data for the purposes of national development.

As a small island developing State, the Bahamas continued to face challenges, including the existential threat of climate change, climate change-induced extreme weather events, and limited resources. The Bahamas thanked those who had responded to requests for technical assistance and capacity building support, including in the area of reporting.

The Council adopted the outcome of the Universal Periodic Review of the Bahamas.

Consideration of Outcome of Universal Periodic Review of Burundi

Reports

The Council has before it the reports of the Working Group of the Universal Periodic Review ofBurundi: A/HRC/54/11, A/HRC/54/11/Add.1, (French advance version)

Presentation

Burundi said it appreciated the interest shown by peer countries, including the very fruitful debate and the recommendations made. During the presentation of the report, Burundi had demonstrated that it had tackled poverty and social inequalities head-on, which informed its vision and strategic orientation, which was “may every mouth have food to eat, and may every pocket have money in it”.

Every recommendation had been studied by all in the country, both State and non-State actors, resulting in an acceptance of over 70 per cent. Some of the recommendations were already implemented, and some were being implemented through the promotion of economic, civil and political rights, including recommendations on the promotion of socio-economic development, the protection of the rights of the child and of older persons, the promotion of health services, basic and inclusive education for all, mitigation of disasters, and combatting sexual and gender-based violence.

On Burundi’s position on some of the recommendations taken note of, these referred mostly to various international documents and protocols. Burundi was examining these further before committing itself to ratification. Some recommendations ran counter to Burundi’s beliefs, morals and customs.

Independent National Human Rights Commission of Burundi said it was satisfied about the recommendations contained in the final document, including the rights of refugees, children, women, persons with disabilities, the elderly, those with albinism, healthcare, civil and political rights, and the fight against corruption and poverty. It was satisfied with the recommendations in the alternative report, which had been accepted by the Government of Burundi, including a total ban on hiring children under the age of 16, and continued cooperation with the United Nations mechanisms and other international mechanisms. The Government should take measures to enhance human rights aspects, including ratifying the International Convention on the Rights of Migrant Workers, among others, and set up an independent mechanism to investigate complaints against Governmental forces.

Discussion

In the discussion, speakers said it was positive that Burundi had accepted most of the recommendations made. There had been significant progress in improving the human rights situation in Burundi and stabilising the Government as a whole. Speakers welcomed the adoption of several legislative measures on poverty eradication, the right to health, and on trafficking in persons. Burundi’s commitment to continue to strengthen the protection of human rights was also appreciated, as was the State’s efforts to protect vulnerable groups, particularly children, persons with disabilities, and older persons. Speakers said they appreciated Burundi’s commitment to continue efforts to ensure the independence of the National Independent Human Rights Commission.

Some speakers noted that in view of the upcoming elections in 2025, specific measures needed to be taken to remove structural and legal barriers to women’s participation in politics and decision-making processes at all levels. Burundi was urged to implement recommendations to identify and implement policies which would facilitate an active civil society and an open media, address in particular threats to journalists and human rights defenders, and take effective measures to establish an independent judiciary as soon as possible. This would show that Burundi was serious about improving its human rights situation. Some speakers noted that Burundi had been marred by a history of human rights abuses and therefore should not have their Council membership renewed. Another speaker demanded an end to the siege of Burundi in the Council, through the imposition of meddling mechanisms that politicised and doomed the work to fail.

Speakers welcomed Burundi’s participation in the fourth Universal Periodic Review and commended its constructive engagement. They recommended that the Council adopt the report of Burundi. Speakers wished Burundi every success in implementing the recommendations.

The Vice-President of the Council said that based on the information provided, out of the 287 recommendations received, 204 enjoyed the support of Burundi, and 83 were noted.

Concluding Remarks

Burundi said it was committed to protecting and promoting human rights, and a number of reforms had been taken, notably with regard to promoting judicial independence, curtailing human trafficking and corruption, and removing prison over-crowding. Burundi had adopted a national legal aid strategy with a view to helping to improve access to justice for all, in particular vulnerable persons and groups. With a view to improving prison conditions, Burundi had provided alternatives to detainment. A Secretariat had been set up to support the High Judiciary Council to aid with disciplinary measures for the judiciary. Efforts were made to ensure that all courts were accessible, and legal fees affordable. Burundi was fighting human trafficking through various legal and regulatory measures. Burundi’s utmost priority at the moment was to fight corruption. Burundi was committed to the cause of human rights.

The Council adopted the outcome of the Universal Periodic Review of Burundi.

Consideration of Outcome of Universal Periodic Review of Luxembourg

Reports

The Council has before it the reports of the Working Group of the Universal Periodic Review of Luxembourg: A/HRC/54/12, A/HRC/54/12/Add.1, (French advance version).

Presentation

Luxembourg reaffirmed its commitment to the Universal Periodic Review, which was an essential instrument for sharing the best human rights practices around the world. Several recommendations had called on Luxembourg to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Government was aware of its obligations to protect the rights of migrants and this Convention established principles already laid down in other human rights texts that Luxembourg had ratified and implemented. As a Member State of the European Union, Luxembourg was not in a position to ratify this Convention.

Regarding the recommendation to introduce legislation explicitly prohibiting conversion therapy for lesbian, gay, bisexual, transgender and intersex persons, Luxembourg was not aware of the existence of such cases on its national territory and therefore did not intend to legislate on this issue. However, Luxembourg did not rule out returning to the issue in the future. Regarding the prohibition of gender reassignment surgeries for intersex persons without their consent, inter-ministerial consultations were under way. Luxembourg had accepted the recommendations it would be able to implement before the next Universal Periodic Review cycle and had accepted the recommendations concerning measures already implemented.

On the recommendations received on discrimination and hate speech, articles on this were enshrined in the Criminal Code and the revised Constitution. To respond to the recommendations received on combatting racial discrimination, Luxembourg had already begun work on drawing up a national anti-racism action plan. Victims of gender-based violence could apply for legal aid from the Bar Association and legal aid was completely free of charge for children, regardless of their parents' financial situation. Luxembourg had accepted the recommendation relating to the gender pay gap, which currently sat at -0.2 per cent, in favour of women. In terms of women's representation, Luxembourg had introduced a voluntary quota of 40 per cent representation of women in the public sector.

Human Rights Advisory Commission of Luxembourg welcomed the progress made over the past three rounds. However, the Commission regretted the lack of consideration of its recommendations by the authorities. It was important to provide national institutions with the necessary expertise and resources to carry out their respective missions. The Commission welcomed the Government's willingness to give priority to certain themes by developing national action plans. However, it regretted the lack of an appropriate participatory approach, deadlines for implementation, and concrete measures. Youth reform should be a priority for the Government and any deprivation of liberty of a child should be a measure of last resort.

Discussion

Some speakers commended the steps taken by Luxembourg to follow up the recommendations made at the Universal Periodic Review previous to the current one, including the progress in the sphere of adoption of international standards and allowing migrants access to the job market. The adoption of article 80 of the Criminal Code, which provided for aggravated circumstances for hate crimes, and article 15 of the newly revised Constitution, which explicitly prohibited discrimination "on the basis of a person's personal situation or circumstances", were significant constitutional and legal reforms which reflected the country's strong and leading commitment to the advancement of human rights.

While welcoming Luxembourg’s continued commitment to promote the rights of the child, some speakers encouraged appropriate measures being taken to safeguard the welfare of children in detention. The efforts and steps taken to bring Luxembourg into line with international law were appreciated. The efforts made in the area of awareness raising among Luxembourg society to human rights and to the rights of the child were remarkable, as was the notable progress made in the area of the rights of persons with disabilities. The efforts taken to combat discrimination and gender-based violence were also noted, as were the measures taken to combat climate change. Luxembourg should ratify the International Covenant on the Rights of Migrant Workers and Members of Their Families.

The Vice-President of the Council said out of the 254 recommendations received, 232 enjoyed the support of Luxembourg, and 22 were noted.

Concluding Remarks

Luxembourg said the adoption of the report of the Working Group on the Universal Periodic Review did not mark the end of the process. It was only the beginning of the fourth cycle, during which Luxembourg would try to implement all the accepted recommendations. Luxembourg would submit a mid-term report on the status of implementation of the recommendations received during the fourth cycle of the Universal Periodic Review. This allowed for an update on the progress already made, but also to identify which recommendations would require further efforts to implement. The fourth Universal Periodic Review made it possible to step up the debate on human rights, and to identify the main areas in which Luxembourg needed to work to improve the human rights situation at the national level.

The Council adopted the Universal Periodic Review outcome of Luxembourg.