HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW ON NEW ZEALAND, AFGHANISTAN AND CHILE

Human Rights Council
MORNING

24 September 2009

The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review on New Zealand, Afghanistan and Chile.
Dell Higgie, Permanent Representative of New Zealand to the United Nations Office at Geneva, said when the institutions of the new Human Rights Council were being designed, New Zealand had strongly supported the introduction of a Universal Periodic Review, as it believed that it had the potential to be a positive and useful component of the Council's work. This was a unique mechanism, embracing civil society, the Office of the High Commissioner for Human Rights, the treaty bodies and Special Procedures, as well as all States. New Zealand's national report was the product of an open and consultative process, involving many groups both inside and outside the Government. New Zealand had learned a great deal from the process, and the participation had reinforced its contacts with the wide human rights constituency, giving New Zealand a greater understanding of its own human rights situation - what it was doing well, and what it could do better.

In the discussion on New Zealand, speakers welcomed New Zealand’s agreement to consider the recommendations to take further measures to ensure full and consistent protection of human rights in domestic laws and policies, but would have appreciated that it had accepted the recommendation to bring its legislation in line with the provisions of the International Covenant on Civil and Political Rights. Concern was voiced about the over-representation of Maori and Pacific persons in the country's criminal justice system, and speakers recommended that the Government continue efforts to ensure that people belonging to minority groups were not discriminated against in the criminal justice system. The task of building a diverse society, inclusive and respectful of intercultural relations, was not easy, but speakers believed that New Zealand’s preparedness to address some of the issues related to intercultural and inter-faith relations among its diverse society augured well for its citizens.

Speaking in the general debate on the Universal Periodic Review of New Zealand were Algeria, Malaysia, Sweden, Iran and the United States. Also taking the floor were the New Zealand Human Rights Commission and the following non-governmental organizations (NGOs): Women's International League for Peace and Freedom, Canadian HIV/AIDS Legal Network, Indigenous World Association, Amnesty International, Charitable Institute for Protecting Social Victims, and Indian Council of South America.

Mohammad Qasim Hashimzai, Vice Minister of Justice of Afghanistan, said that as a significant human rights mechanism as well as a constructive practice, the Universal Periodic Review had provided all countries with a great opportunity to highlight both challenges and achievements in the area of human rights. Afghanistan had declared its support to most of the recommendations and had taken them seriously by undertaking a number of initiatives in various ministries and institutions in Afghanistan. Given the fact that the implementation of such recommendations required constant efforts and concrete actions, they had already undertaken a number of initiatives and would strengthen ongoing initiatives to implement the recommendations. Despite all these efforts and commitments on the part of the Government in fulfilling its obligations vis-à-vis the principles of human rights, Afghanistan still faced a number of huge challenges which had slowed down their progress and had created obstacles in their efforts towards the full realization of their goals in the area of human rights.

In the discussion on Afghanistan, speakers noted that the acceptance of over 96 recommendations out of a total of 143, in addition to the favourable follow-up to most of the recommendations to which it reserved the right to come back to at this session of the Council was undeniable proof of the will of Afghanistan to make the improvement of human rights a priority. Speakers also noted that Afghanistan had accepted a number of recommendations which had been put forward by member countries, particularly those relating to efforts aimed at improving the economic and social problems in the country, including those that focused on the measures to improve the conditions of life, and viewed this as a positive and constructive approach on the part of Afghanistan. They encouraged the Afghan Government to take the necessary measures to implement the recommendations effectively. The Government should maintain its commitment in meeting the challenges, and take constructive steps to improve the human rights situation in the country by involving all stakeholders. The international community should help in this by creating an enabling environment, helping Afghanistan to ensure that all inhabitants of the country enjoyed human rights.

Speaking in the general debate on the Universal Periodic Review of Afghanistan were Algeria, Malaysia, Qatar, Pakistan, the Russian Federation, Indonesia, United Arab Emirates, India, Sweden, Bahrain, Hungary, United States, Kyrgyzstan and Kazakhstan. Also taking the floor were the Afghanistan Independent Human Rights Commission, and the following NGOs: International Lesbian and Gay Association, Al-Hakim Foundation, Amnesty International, International Pen, Human Rights Watch, Charitable Institute for Protecting Social Victims, Organization for Defending Victims of Violence, Institute for Women Studies and Research, Islamic Human Rights Commission, and International Institute of Peace.

Carlos Portales, Permanent Representative of Chile to the United Nations Office at Geneva, said that the presentation of Chile’s national report during the Universal Periodic Review had been a real opportunity to inform on what had been achieved in their country and to renew their commitment to take up remaining challenges. The Universal Periodic Review had been a frank and constructive exchange. Informing on advances made since the discussion of their report, he said that the Government of Chile had progressed further against impunity and last June they had deposited in New York the ratification mechanism for the Rome Statute, making their accession to the International Criminal Court official. Ratification of the International Convention for the Protection of all Persons against Enforced Disappearances would be soon deposited. This week they had also signed two important instruments: an agreement for the establishment of a regional office of the Office of the High Commissioner for Human Rights in Chile, and the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights.

In the discussion on Chile, speakers commended Chile for its commitment to eliminate discrimination against women, and to eliminate existing obstacles that prevented them from accessing the labour market. Speakers also noted the invitation extended to the Human Rights Council Special Procedures. This all showed the firm commitment Chile had with regard to the promotion and protection of human rights. Chile should ensure that the National Human Rights Institution enjoyed independence in its powers and functions, and should draw on good practices in the establishment of that body. Chile should update the Council on the drafting of the amendment of the criminal law with regard to combating all forms of trafficking in human beings and on measures the Government intended to take in order to improve the situation of refugees and to guarantee the full realization of their rights. The Government's positive response to most recommendations was appreciated, and it was encouraged to fully involve Chilean civil society in follow-up discussion of all recommendations raised during the Working Group.

Speaking in the general debate on the Universal Periodic Review of Chile were Algeria, Morocco, Colombia, Mexico, Nicaragua, and Hungary. Also taking the floor were Canadian HIV/AIDS Legal Network, Amnesty International, France Libertes Fondation Daniele Mitterrand, Society for Threatened Peoples, Conectas Direitos Humanos, International Association against Torture, Comision Juridica para al Autodesarollo de los Pueblos Originarios Andinos, Organisation for Defending Victims of Violence, Charitable Institute for Protecting Social Victims, Indian Council of South America, International Commission of Jurists, Conscience and Peace Tax International, and Federation for Women and Family Planning.

The next meeting of the Council will be today at 2 p.m., when it is scheduled to consider the Universal Periodic Review outcomes on Chad, Viet Nam, Uruguay and Yemen.


Consideration of Outcome of Universal Periodic Review on New Zealand

DELL HIGGIE, Permanent Representative of New Zealand to the United Nations Office at Geneva, said when the institutions of the new Human Rights Council were being designed, New Zealand had strongly supported the introduction of a Universal Periodic Review, as it believed that it had the potential to be a positive and useful component of the Council's work. This was a unique mechanism, embracing civil society, the Office of the High Commissioner for Human Rights, the treaty bodies and Special Procedures, as well as all States. New Zealand's national report was the product of an open and consultative process, involving many groups both inside and outside the Government. In presenting it to the Working Group, New Zealand had outlined the place of Maori, the indigenous people of New Zealand in that society, described the protections for human rights contained in national legislation, spoken about the position of women and children, and compliance with international human rights instruments.

The Government had accepted 33 of the 64 recommendations unreservedly, and an additional 12 were agreed to with further discussion. A qualified response was given to 11, and only eight were rejected. Many of the recommendations focused on challenging areas which the Government itself recognised as requiring further attention, including the social disparities between Maori and non-Maori, the status of the Treaty of Waitangi in domestic legislation, family violence, equality of opportunity, over-representation of Maori in the criminal justice system, and ratification of human rights treaties to which New Zealand was not party. The Universal Periodic Review had given New Zealand the opportunity to subject its human rights record to scrutiny, and to invite the membership of the United Nations to join in that process. New Zealand had greatly appreciated the efforts of all those who had contributed so positively to New Zealand's review. New Zealand had learned a great deal from the process, and the participation had reinforced its contacts with the wide human rights constituency, giving New Zealand a greater understanding of its own human rights situation - what it was doing well, and what it could do better.

SIM MELLOUH (Algeria) said that, while welcoming the fact that New Zealand had endorsed many of the recommendations it had received, Algeria had duly taken note of the unwillingness of New Zealand to endorse a number of recommendations that had been made by Algeria. Algeria particularly regretted that its recommendations to examine the possibility to adhere to the Convention on the Protection of the Rights of all Migrant Workers and their Families had not been taken on board. By contrast, Algeria appreciated the active involvement of New Zealand in the preparatory process to the Durban Review Conference, but would have appreciated that New Zealand had seized the occasion of the adoption of its Universal Periodic Review Outcome document to join consensus and endorse the outcome document of the Durban Review Conference. Further, Algeria welcomed New Zealand’s agreement to consider the recommendations to take further measures to ensure full and consistent protection of human rights in domestic laws and policies, but would have appreciated that it had accepted Algeria’s recommendation to bring its legislation in line with the provisions of the International Covenant on Civil and Political Rights.

JOHAN ARIFF ABDUL RAZAK (Malaysia) said that Malaysia was pleased to note that New Zealand had accepted a number of recommendations, including those that related to efforts aimed at eradicating all forms of racism, racial discrimination, xenophobia and related intolerance, as well as Malaysia’s recommendation to cooperate and share information on issues relating to trafficking in women and children and exploitation of women and girls in prostitution with other countries in the region. Malaysia understood that the task of building a diverse society, inclusive and respectful of intercultural relations was not easy, but believed that New Zealand’s preparedness to address some of the issues related to intercultural and inter-faith relations among its diverse society augured well for its citizens.

LINA VAN DER WEYDEN (Sweden) said Sweden welcomed the Government of New Zealand's support of the recommendation to increase efforts to combat all forms of violence against women. There were other recommendations where the Government only agreed to some aspects, and not fully - there was a need to explain these positions, as this would make it difficult to follow up on the report, since it was unclear to what extent the Government had committed itself to work on the implementation of those recommendations. Sweden had voiced concern about the over-representation of Maori and Pacific persons in the country's criminal justice system, and had recommended that the Government continue efforts to ensure that people belonging to minority groups were not discriminated against in the criminal justice system. Sweden regretted that the Government of New Zealand could only agree in part with the recommendation, and reiterated that the Committee on the Elimination of Racial Discrimination had also stressed the need to prevent racial discrimination in the functioning of the criminal justice system in New Zealand.

Mr. H. AHMADI (Iran) said that Iran welcomed the efforts of New Zealand in protecting and promoting human rights. It also noted that New Zealand had accepted some recommendations presented during the Universal Periodic Review Working Group and that it had the intention to consider others. Iran however regretted that some recommendations, including those of Iran, had not been accepted. Moreover, there were still a number of concerns about the overall situation of human rights in New Zealand, regarding which Iran would like to state that it remained concerned, particularly on the situation of indigenous people, including Maori and Asian minorities. Iran also encouraged New Zealand to try and bring its domestic legislation, policies and practices into full compliance with the international law regarding minorities. Iran encouraged New Zealand to take serious efforts to further improve the rights of minorities in the field of health and sanitation, education and employment. Furthermore, the ambiguous content of counter-terrorism legislation and its poorly defined terms could lead to the violation of social and political rights and freedoms in New Zealand, which required special attention by the Government.

TARA FOLEY (United States) said that the United States commended New Zealand for its forthcoming approach during its Universal Periodic Review; it had clearly taken care to consider the recommendations submitted during the process. New Zealand had made it clear that it intended to consider accession to additional human rights instruments and its determination to protect the rights of minority and indigenous persons was likewise clear. The United States also appreciated that New Zealand was committed to combating human trafficking and commended its acceptance of the recommendation to record and document cases of trafficking in women and children and share information on cases within its region.

KATHARINA ROSE, of New Zealand Human Rights Commission, said the New Zealand Human Rights Commission commended the Council for the Universal Periodic Review - while aspects needed further strengthening, this was an invaluable opportunity for constructive international scrutiny of a country's human rights performance. New Zealand had responded positively to many of the 64 recommendations, albeit with qualifications in some cases. The challenge now for the Government was to reflect these commitments in legislation and policy initiatives and financial decisions. It would be a further challenge in a time of financial constraint and uncertainty to resist any deliberately retrogressive measures. The Commission emphasised the importance of action on the seven priorities that the Government had identified in its report to the Working Group. The Commission, women's groups and trade unions would have welcomed stronger responses to the recommendations relating to equality for women and the gender pay gap.

ILSE WERMINK, of Women’s International League for Peace and Freedom, noted with appreciation New Zealand’s acknowledgement that, while the Government took its human rights commitment seriously, there were still areas where improvements were needed. The Women’s International League for Peace and Freedom was particularly disappointed by New Zealand’s lack of support for several human rights instruments, and by the inadequate reasons it had given for its failure to support them. It therefore urged New Zealand to move quickly to ratify the Convention on the Rights of All Migrant Workers and Members of their Families, ILO Convention 169 and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and to announce its full support for the United Nations Declaration on the Rights of Indigenous People. The Women’s International League for Peace and Freedom further remained extremely concerned at the lack of full protection for human rights under New Zealand’s current constitutional arrangements. The Women’s International League for Peace and Freedom therefore reiterated the recommendation of the Universal Periodic Review and urged New Zealand to begin a process of constitutional change that would give full effect to the Treaty of Waitangi.

JOHN FISHER, of Canadian HIV/AIDS Legal Network, welcomed New Zealand’s acceptance of recommendations to address all forms of unlawful discrimination suffered by vulnerable groups and to take action to understand the causes of such inequality. While noting that in the Working Group report, the decriminalization of homosexuality had been welcomed, the national report however did note some areas in which same-sex partners were not yet accorded equal treatment. Since the Universal Periodic Review was an opportunity to identify best practices, they wished to commend this report as a model, both in terms of the substance of the recommendations and the participatory process.

KENNETH DEER, of Indigenous World Association, said the Indigenous World Association was concerned that New Zealand had rejected a number of recommendations to ratify human rights treaties and ILO conventions, especially where ratification would be of benefit to Maori, as well as other New Zealanders, such as the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. There was also concern that New Zealand had not yet supported the United Nations Declaration on the Rights of Indigenous Peoples, an indication of the hypocrisy in New Zealand's rhetoric that it gave effect to Maori rights. There was also concern that, by law, legislation that broached human rights could be enacted in New Zealand, and this resulted in Maori rights remaining vulnerable to the whim of majority Governments, which had often passed such legislation. The Council should strengthen its call on New Zealand to provide robust constitutional protection of the rights in the Treaty of Waitangi and the Declaration, and apply pressure on New Zealand to fully meet its obligations.

MARIANNE LILLIEBJERG, of Amnesty International, said that Amnesty International welcomed New Zealand’s willingness to “move to support” the United Nations Declaration on the Rights of Indigenous Peoples as had been recommended by many States in the Universal Periodic Review Working Group. Amnesty International also called on the Government of New Zealand to announce its clear and unambiguous support of the Declaration and to reflect its provisions in domestic legislation. Amnesty International welcomed New Zealand’s acceptance of recommendations to continue the dialogue with Maori regarding the Foreshore and Seabed Act of 2004, and to explore ways of mitigating the Act’s discriminatory effects. It also welcomed New Zealand’s acceptance of the need to ensure that prisoners were treated humanely, including in privatized prisons, but called on the New Zealand Government to amend the Corrections Act 2004 to require that conditions in privatized prisons complied with the United Nations Standard Minimum Rules for the Treatment of Prisoners. Finally, Amnesty International strongly urged New Zealand to explore options for its early ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and for greater recognition of economic, social and cultural rights in its domestic legislation.

Ms. F. SAFARI, of Charitable Institute for Protecting Social Victims, welcomed New Zealand’s efforts towards the promotion of human rights in the country. The signing and joining of human rights conventions and covenants and also efforts for the improvement of the justice system were positive moves made by New Zealand. There was nevertheless lots of room for improvement of the conditions of the indigenous people and minorities in the country. The spread of layers of racism, racial discrimination, xenophobia and other forms of intolerance against migrants and migrant workers were also visible.

RONALD BARNES, of Indian Council of South America, said any attempt to reduce or negate New Zealand's international obligations, whether they were Charter based or treaty obligations, or any form or legitimate agreement with the full consent of the indigenous peoples could not affect or reduce the rights of others. The reductions or negations of already accepted international obligations with regard to indigenous peoples could not be used as a so-called best practice when addressing or implementing other international obligations pertaining to indigenous peoples, since New Zealand was merely denying the full application of their rights through politicisation and selectivity through the selective application and implementation of their rights. Other States should not use the example of the United States as an example when implementing their international obligations, as some of its acceptance in part or negation of applicable rights was not acceptable.

DELL HIGGIE, Permanent Representative of New Zealand to the United Nations Office at Geneva, in her concluding remarks, said that she thanked all representatives for their useful and insightful comments. The most important points she wished to make had already been covered in her introductory statement and in the original report, and therefore she would only comment on those issues that had been raised but not included in her introductory statement. On the issue of migrants and the failure of New Zealand to ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Ms. Higgie reminded that New Zealand had a range of laws in place that fully protected all workers, including migrants. As for New Zealand’s failure to adopt the outcome document of the Durban Review Conference, this would be inappropriate as New Zealand had not been part of the Durban Review Conference. Regarding the comment that New Zealand’s counter-terrorism legislation contained poor terms, Ms. Biggie said that she looked forward to discussing this issue with the representative of the delegation which had made this point. On the issue of trafficking, the definition of the international treaty was followed by New Zealand and contained in its legislation. As for violence against women, this was of strong concern to the Government of New Zealand and there were a number of processes aiming to try and improve this situation. Finally, Ms. Higgie once again wished to thank everybody for their constructive engagement, and reiterated that New Zealand wished to continue having a dialogue on its human rights situation.

The Council then adopted the outcome of the Universal Periodic Review for New Zealand.


Consideration of Outcome of Universal Periodic Review on Afghanistan

MOHAMMAD QASIM HASHIMZAI, Deputy Minister of Justice of Afghanistan, said that as a significant human rights mechanism as well as a constructive practice, the Universal Periodic Review had provided all countries with a great opportunity to highlight both challenges and achievements in the area of human rights. Afghanistan had declared its support to most of the recommendations and had taken them seriously by undertaking a number of initiatives in various ministries and institutions in Afghanistan. Given the fact that the implementation of such recommendations required constant efforts and concrete actions, they had already undertaken a number of initiatives and would strengthen ongoing initiatives to implement the recommendations.

Referring to a number of initiatives that were undertaken and gains that were achieved by the Government since the Universal Periodic Review, Mr. Hashimzai said that the Government of Afghanistan had taken steady measures towards the ratification of and reporting on the international human rights treaties. Afghanistan also needed to take steps for the review and revisions of 700 laws which were currently in force to ensure that they were in keeping with their newly-established Constitution and with the international agreements to which they were a signatory. In addition, since May of this year, Afghanistan had carried out a number of institutional reform programmes, such as a prison reform aiming to improve personnel salaries to a level to meet the essential needs of staff and reduce corruption. Despite all these efforts and commitments on the part of the Government in fulfilling its obligations vis-à-vis the principles of human rights, Afghanistan still faced huge challenges which had slowed down their progress and had created obstacles in their efforts towards the full realization of their goals in the area of human rights. Top amongst them were terrorism, extremism and narcotics. In addition, poverty and corruption had made it difficult to tackle these challenges

IDRISS JAZAIRY (Algeria) said the constructive way in which Afghanistan had participated in this exercise deserved to be underlined. The acceptance of over 96 recommendations out of a total of 143, in addition to the favourable follow-up to most of the recommendations to which it reserved the right to come back to at this session of the Council was undeniable proof of the will of Afghanistan to make the improvement of human rights a priority. Afghanistan had already taken concrete measures to implement the commitments to which it had voluntarily committed itself, including the ratification of the Additional Protocols to the Geneva Convention and other ILO Conventions. The international community should support the Afghan Government in its efforts to promote and ensure the human rights of its citizens. Afghanistan should promote transparency in its electoral system and continue to fight against narcotics and corruption.

JOHAN ARIFF ABDUL RAZAK (Malaysia) said that Malaysia was pleased to note that Afghanistan had accepted a large number of recommendations which had been put forward by countries, particularly those relating to efforts aimed at improving the economic and social problems in the country, including those that focused on measures to improve the conditions of life. Malaysia viewed this as a positive and constructive approach on the part of Afghanistan and encouraged the Afghan Government to take the necessary measures to implement the recommendations effectively. Malaysia also noted with encouragement the preparedness of the Afghan Government to strengthen and deepen its interaction with the relevant international human rights mechanisms and continue to engage with them constructively. This would contribute positively to the Government’s effort in spreading a human rights culture and further improve the human rights situation in the country. Finally, Malaysia wished Afghanistan well and hoped that the Government would continue with its commitment to democratic ideals and fully implement the outcome of the review for the benefit of its citizens.

MANSOOR ABDULLAH AL-SULAITIN (Qatar) said that the fact that the Government of Afghanistan had accepted a high number of recommendations demonstrated the importance that Afghanistan was giving towards contributing and collaborating with the United Nations human rights system. Noting the constraints and challenges Afghanistan was facing, one could not speak about human rights in Afghanistan without speaking about the constant challenges with regards to security in the country. These existing challenges had a negative effect on the country. Qatar welcomed the recent Presidential election in Afghanistan and hoped that the country would be able to preserve peace between all its citizens.

MUHAMMAD SAEED SARWAR (Pakistan) thanked Afghanistan for the frank and candid presentation, reflective of the importance that Afghanistan attributed to the Universal Periodic Review process. Afghanistan had accepted a large number of the recommendations made, and the international community should understand the difficulties it faced in providing basic services to its people due to the long-standing conflict. Pakistan welcomed the study of measures taken by the Government to accept international treaties and reform legislation. The Government was facilitating active and extensive participation of women in the social, economic and other walks of life. The Government should maintain its commitment in meeting the challenges, and should take constructive steps to improve the human rights situation in the country by involving all stakeholders. The international community should help in this by creating an enabling environment, especially by providing the infrastructure that would help Afghanistan to ensure that all its inhabitants enjoyed their human rights.

PAVEL CHERNIKOV (Russian Federation) believed that the comprehensive review of Afghanistan had clearly shown that the Universal Periodic Review process had been implemented very successfully despite the chronic lack of time. Further, the interactive dialogue confirmed that the situation in Afghanistan remained ambiguous with, on the one hand, the country’s accession to human rights treaties, and on the other hand, a number of serious problems including poverty and gender inequality. The discussion also highlighted the constructive approach that the Government of Afghanistan had taken toward the Universal Periodic Review. The Russian Federation wished Afghanistan more success in its efforts to promote and protect human rights. Finally, the consolidation of democracy should be hindered neither by the destructive actions of the Taliban nor by the damage resulting from the many years of war.

DERSRA PERCAYA (Indonesia) said that they had noted that Afghanistan had taken into consideration the suggestions that had been put before the Government as part of the Universal Periodic Review ad that they had since carefully sought to integrate the proposals and recommendations. Indonesia applauded this readiness to apply new approaches to the situation of human rights in the country. Indonesia also acknowledged that it was no easy task to implement and sustain human rights standards in Afghanistan, given the ongoing difficulties the country faced. It was a positive achievement that efforts had been geared towards advancing the legal and political infrastructure.

SAEED AL HABSI (United Arab Emirates) said Afghanistan had made unstinting efforts to improve the human rights situation in all areas, particularly with regards to the living standards of all citizens, fighting against poverty, attempting to improve health and hygiene, and establishing programmes in rural areas. The Government was doing its best to improve human rights in all areas, including efforts to promote women's rights and the rights of the child. The Government sough to apply the 94 recommendations it had accepted, and should be encouraged. Afghanistan had to move forward and establish economic and social development, even more so in this very difficult period. Afghanistan was working to establish an institutional State, and the Council should adopt the report.

ACHAMKULANGARE GOPINATHAN (India) said that India was pleased to note that Afghanistan had chosen to accept a majority of the recommendations that had been made during its Universal Periodic Review process. India considered this to be a reflection of Afghanistan’s strong commitment to the promotion and protection of the human rights of its brave people. In the last three decades, no other country had perhaps undergone as much conflict and turmoil as Afghanistan, and it was therefore commendable that the Government had been able to attempt a remarkable transformation in its polity in the last few years. Afghanistan had also been able to initiate wide-ranging reforms in the legal and judicial systems and the establishment of the Afghan Independent Human Rights Commission and the adoption of the Afghan National Development Strategy were noteworthy. Afghanistan should also be commended for its progress in the realization of the Millennium Development Goals and in the areas of education and women’s rights. India wished to reiterate its commitment to the development of Afghanistan.

LINA VAN DER WEYDEN (Sweden) extended the gratitude of Sweden to the delegation of Afghanistan for having responded to the recommendations that Sweden had made during the Universal Periodic Review. Sweden had voiced concern, during the Universal Periodic Review, about the discrimination of women and girls in the country, including restrictions on their mobility and ability to work outside of the home. Sweden welcomed that Afghanistan had accepted to take all steps necessary to combat discrimination and violence against women, both in regards to legislation and awareness-raising. They also appreciated Afghanistan’s commitment to make further efforts to ensure that the status of freedom of expression was brought in line with international obligations. Given that irregularities existed in the justice system and that there had been cases where detainees had been found innocent, Sweden encouraged Afghanistan to reconsider its position on the death penalty and to re-introduce a moratorium.

MUNA ABBAS RADHI (Bahrain) said Bahrain was pleased that Afghanistan had endorsed most of the recommendations made during the Universal Periodic Review, accepting 96 out of 142 recommendations, clearly showing its interest in promoting human rights. The efforts made by Afghanistan in submitting its report to the Universal Periodic Review were noted, and it was welcomed that Afghanistan had presented its initial report on the Convention on the Rights of the Child, showing that the Government was interested in human rights treaties. Afghanistan had also made efforts in all human rights areas, in particular in protecting women and adopting a law on the elimination of violence against women, and agreeing to the recommendation to follow up on efforts to ensure human rights in Afghanistan. The Council should adopt the report.

KLARA TUNYOGI AKOTS (Hungary) said that Hungary welcomed the decision of the Afghan Government to accept or answer most of the recommendations, but remained concerned about Afghanistan’s consequent refusal of the moratorium on the use of the death penalty. Hungary wished to reconfirm its already expressed position regarding the measures that were needed to prevent the recruitment of children and the use of child combatants by the Taliban. Hungary also acknowledged the efforts already made by the Afghan Government, but reiterated that further steps were necessary, and that it looked forward to receive answers from the Government in this regard. Further, Hungary recommended the continuation of the revision of the Law on Personal Affairs on the followers of the Shia jurisprudence and its harmonization with international obligation, and it would welcome a detailed answer and a timely follow-up on this issue. Finally, Hungary welcomed the commitment of the citizens of Afghanistan who had cast their vote on 20 August, but remained very concerned about the large number of irregularities that had been reported during the Presidential elections.

TARA FOLEY (United States) commended Afghanistan’s efforts to enhance the capacity of national human rights institutions including the Afghanistan Independent Human Rights Commission. They also welcomed the adoption of national strategies and policies to support human rights, including the Afghan National Development Strategy. The United States strongly supported the recommendations regarding the promotion of women’s rights and gender equality. They also shared the concerns of a number of delegations in the Working Group about the situation of women and girls in the country. They were however encouraged by the very strong, well drafted and comprehensive domestic violence law that President Karzai had recently signed. The United States noted the concern of several delegations about intimidation and violence against journalists and limitations on freedom of expression and encouraged Afghanistan to pass a media law. They further noted the efforts to improve the capacity of the justice sector and welcomed efforts to establish a resolution unit in the Ministry of Justice.

MUKTAR DJUMALIEV (Kyrgyzstan) said stability, prosperity and security in Afghanistan were very important for the security and prosperity of the whole region and ensured good neighbourliness. The Universal Periodic Review had afforded a good opportunity to examine the situation in Afghanistan and look at the measures taken by the Government for human rights protection and its voluntary commitments under the Universal Periodic Review. Despite the social, economic and other difficulties, Afghanistan had had success in creating a political system and amending laws not in conformity with international standards. Afghanistan had confirmed its international commitments, carrying out substantive work in its national human rights machinery, and the Afghanistan Independent Human Rights Commission was a clear example of its commitments to human rights. Kyrgyzstan welcomed the specific measures aimed at ratifying human rights obligations and the ratification of new laws aimed at the protection of human rights.

MUKHTAR TILEUBERDI (Kazakhstan) said that Kazakhstan would like to express its sincere appreciation for the open and constructive dialogue that had been possible during the Universal Periodic Review of Afghanistan. The Universal Periodic Review highlighted many good practices and hopeful experiences of that country but, at the same time, also allowed to better understand Afghanistan’s challenges. Kazakhstan supported the recommendations that had been made by the Working Group in its report regarding the elimination of extreme poverty and hunger, the provision of primary education for all children and the improvement of women’s rights. Further, the achievement of the Millennium Development Goals in the areas of health had to be the main priority of Government, and to accomplish these aims, Afghanistan should continue a strong partnership with the international community, which in turn should keep in mind that to help Afghanistan was the moral obligation of the civilized world.

KATHARINA ROSE, of the Afghanistan Independent Human Rights Commission, urged the Government of Afghanistan to take practical steps to ensure that women could enjoy their rights to life and security, education, employment, access to justice and political participation. The Government should also give priority to those programmes within the Afghanistan National Development Strategy that created employment opportunities both in urban and rural areas so as to prevent more displacement and risky migration. The Government of Afghanistan should support and protect the rights to freedom of speech and freedom of expression and protect the life of journalists. The domestic security forces, the pro-government international forces and the anti- government elements should fully respect international humanitarian law.

ARVIND NARRAIN, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE) in a joint statement with Canadian HIV/Aids Legal Network, said that the International Lesbian and Gay Association regretted that Afghanistan had rejected 10 recommendations to either abolish or reinstate a moratorium on the death penalty. Afghanistan also retained laws which criminalised same-sex relations between consenting adults, and the Sharia laws continued to provide the death penalty for consenting homosexual sex. Resolutions of the General Assembly on both the death penalty and on extrajudicial executions had emphasised that homosexual acts did not fall within the definition of the most serious crimes, and the death penalty could therefore not be imposed for sexual relations between consenting adults. The Government of Afghanistan should repeal these laws in accordance with its international human rights obligations, and thereby send the clear message that it did not endorse executions for consenting homosexual sex.

ABDUL AMIR HASHOM, of Al-Hakim Foundation, said that the Al-Hakim Foundation noted the efforts that the Afghan Government had made despite the challenges the country faced after three decades of war. The Al-Hakim Foundation particularly commended the commitment of the Government of Afghanistan regarding the Universal Periodic Review and its efforts in the field of human rights. Nevertheless, the role of civil society needed to be strengthened to consolidate democracy in Afghanistan, and there was a need for the proper dissemination of human rights throughout the country with a view to foster the respect of the law, including through books and programmes.

MARIANNE LILLIEBJERG, of Amnesty International, welcomed Afghanistan’s support of recommendations to strengthen its capacity to implement the National Development Strategy and encouraged the Government to meet all seven indicators of the human rights benchmark by 2010 that were outlined in the Afghanistan Compact. Amnesty International urged the Government to safeguard the independence and work of the Afghan Independent Human Rights Commission. They were concerned by the fact that only a handful of individuals had been prosecuted for gross violations of human rights abuses and war crimes during three decades of conflict. Amnesty International strongly encouraged Afghanistan to support the recommendations that were calling for greater efforts to promote gender equality consistent with Afghanistan’s obligations under the Convention on the Elimination of Discrimination Against Women.

ELISABETH MIDDLETON, of International PEN in a joint statement with, International Publishers Association, welcomed the comments made by Afghanistan in its report and was encouraged by its expressed support for the principles of the freedom of expression. International Pen noted with satisfaction the Afghanistan Government's own recommendation that it should develop strategies to protect freedom of expression via legislation, and the adoption of new policies for the protection, support and monitoring of human rights. However, there was serous concern about the decline in press freedom in recent months, in particular the growing violence against journalists, who continued to be targeted with apparent impunity. There was also deep concern that the existence of blasphemy laws, under which a number of writers and publishers had been charged and imprisoned, sometimes being given the death penalty, was not addressed in the report, and urged that removal of these laws be among the recommendations made by the Universal Periodic Review.

JULIE DE RIVERO, of Human Rights Watch, said that Human Rights Watch was deeply concerned about the human rights issues that had been raised in the Universal Periodic Review of Afghanistan. Afghanistan was a party to most human rights treaties but its Government had not fulfilled many of its obligations. Human Rights Watch further concurred that the Government of Afghanistan should make girls’ education a priority, strengthen its measures to prevent violence against women and promote awareness-raising on issues such as child marriage. Human Rights Watch also endorsed the recommendations that had been made to avoid entrenching discriminatory practices against women in the law which, even in its amended form, included many egregious articles. Human Rights Watch also concurred with the recommendations that the rule of law needed significant attention, including the strengthening of the respect for human rights by the police and building the capacity of the Ministries of the Interior and Justice. Finally, Human Rights Watch called on the Human Rights Council to create a Special Rapporteur mandate on Afghanistan.

Ms. F. SAFARI, of Charitable Institute for Protecting Social Victims, said that the subject of women had been one of the main issues in international human rights circles. In order to reach peace and security in a world free of war, insecurity and discrimination, it was conditional to meet the recognition of the rights of half of the population of the world, who were women. The Charitable Institute for Protecting Social Victims called for more extensive participation of women in the administrative and judicial system and to promote the access of women to employment; to set practical solutions for the eradication of violence against women; and increase public awareness on action against domestic violence.

Mr. T. TAHERI, of Organization for Defending Victims of Violence, said despite the efforts of all countries in the promotion and strengthening of human rights and capacity-building towards the promotion of human dignity and preservation of its rights and realisation of the universal ideals of human rights for a world free of war, violence and insecurity, there were still grave violations of human rights in different parts of the world. The setting up of independent human rights organizations that monitored the Government was appreciated. Three decades of war and conflict had weakened the political, social and economic structure in Afghanistan. War produced violence and insecurity, and these were the enemies of human rights. Afghanistan should cope with these problems in the near future, in order to promote its human rights monitoring alongside finding the proper solution to overcome the shortfalls.

FARZANE MOSTAFIFAR, of Institute for Women’s Studies and Research, said that the Institute for Women’s Studies and Research would like to thank the Afghan delegation for the presentation of its report. The promotion and protection of human rights standards by the Government in spite of the observed challenges was most valuable and praiseworthy. The situation in Afghanistan was a result of many years of war, and the situation of women and children was increasingly serious, thereby increasing the responsibility of the international community to properly monitor their rights and promote their access to equal rights and social security. The Institute for Women’s Studies and Research believed that if the aid that had been promised to the people of Afghanistan by the international community was delivered on time, this would enable improving the situation of Afghanistan’s citizens, particularly women and children.

AHMED UDDIN, of Islamic Human Rights Commission, believed that as the Afghanistan Government was a party to most international human rights treaties, it had a legal obligation under international human rights law in relation to the freedom of expression. The Islamic Human Rights Commission was deeply concerned that arbitrary arrests and detention of journalists by the police and other official security agencies were widespread. According to their research, there were approximately 630 Afghans and other foreign national, including nine juveniles, who were imprisoned without charge by the United States Government at the Bagram prison. This clearly showed that the United States military airbases were outside of the protection of international human rights law. The Islamic Human Rights Commission strongly urged the Government of Afghanistan to ensure that neither government agencies nor the United States-run Bagram military airbase violated the right to freedom of expression.

PASCAL GYSEL, of International Institute for Peace, in a joint statement with Commission to Study the Organization of Peace; and Women under the Taliban), said the years of Taliban control saw scores of reports by the United Nations and other international agencies which highlighted and condemned the human rights violations of women in Afghanistan who were subjected to mass abductions and forced prostitution, barred from attending schools or working outside the home, only allowed to appear in public hidden in head to toe robes, and denied access to education, health and employment. There was nothing that could justify what the Taliban did - the responsibility lay in those who took on the responsibility of grooming and indoctrinating the Taliban and providing them the weapons and manpower to conquer Afghanistan. All who argued for negotiations and to deal with the Taliban should be prepared to bear the responsibility for the oppression that would be unleashed on the women of Afghanistan if the nightmarish scenario of Taliban-dominated rule became a reality.

MOHAMMAD QASIM HASHIMZAI, Deputy Minister of Justice of Afghanistan, in his concluding remarks, said that he would like to thank all speakers for their comments. The Government of Afghanistan was committed to fulfilling all its obligations in the field of human rights in light of its Constitution. However, it was only with the contribution of civil society that an improvement in the field of human rights could be witnessed. As for the comment on the issue of women’s rights, Mr. Hashimzai said that Afghanistan had ratified the Convention on the Elimination of Discrimination Against Women and had in place a law to protect women from violence. Mr. Hashimzai also pointed to the fact that the Government of Afghanistan had decided to take the necessary measures to give women an appropriate share in the Government and social life of Afghanistan. On the recent presidential elections, Mr. Hashimzai noted that there was a strong International Election Monitoring Group and a Complaint Commission in Afghanistan, and that comments were not appropriate before hearing from these. Regarding civilian casualties in Afghanistan, Mr. Hashimzai highlighted that an agreement had been reached to reduce civilian casualties to a minimum, but opposition groups had been using civilians and their villages as a shelter, which needed to be considered in this regard. On the issue of Sharia Law, this law was reviewed on the basis of the order of the President of Afghanistan; a new version had been published and the path for amendment was open, and the Government ready to do this. Afghanistan’s commitment to international conventions was firm. Finally, Mr. Hashimzai expressed his sincere appreciation for the leadership by the President of the Human Rights Council, for the work that had been conducted by the Troika, as well as that of all delegations.

The Council then adopted the outcome of the Universal Periodic Review for Afghanistan.

Consideration of Outcome of Universal Periodic Review on Chile

CARLOS PORTALES, Permanent Representative of Chile to the United Nations Office at Geneva, said that the presentation of Chile’s national report during the Universal Periodic Review had been a real opportunity to inform on what had been achieved in their country and to renew their commitment to take up remaining challenges. The democratic system of Chile was based on the respect of all human rights: civil, political, social, economic and cultural. The Universal Periodic Review had been a frank and constructive exchange. With regard to advances made since the discussion of their report, the Government of Chile had progressed further against impunity and last June they had deposited in New York the ratification mechanism for the Rome Statute, making their accession to the International Criminal Court official. Ratification of the International Convention for the Protection of all Persons against Enforced Disappearances would be soon deposited. This week they had also signed two important instruments: an agreement for the establishment of a regional office of the Office of the High Commissioner for Human Rights in Chile, and the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights.

Mr. Portales further noted that that there had been an agreement for the reopening of the Chilean Truth and Reconciliation Commission for a period of six months in order to register new complaints. Last August, a seminar had been held in Chile with the aim of seeking the most practical way to create a national mechanism to fight torture and inhuman treatment. They would also soon codify the offence of torture. To comply with the Vienna Declaration, the Government was working on a national human rights plan with a view of protecting and promoting all human rights. Nine days ago, the International Labour Organization Convention 169 had also come into force.

IDRISS JAZAIRY (Algeria) said Algeria highly appreciated the acceptance by Chile of the vast majority, 71 out of 78, of the recommendations received during the presentation of its national report, as this was a genuine testimony of the country's firm commitment to the protection and promotion of human rights. Chile was commended for its commitment to eliminate discrimination against women, and to eliminate existing obstacles that prevented them from accessing the labour market. The acceptance of the recommendation to include in its legislation the principle of equal pay for equal work and to ensure that this was scrupulously observed by employers was welcomed, and the readiness of the Government to further guarantee effective access to education for all children was encouraging, in particular with regards to those from marginalised communities and children whose families lived in rural areas or below the poverty line.

OMAR RABI (Morocco) said that Morocco congratulated the Government of Chile for its dedication to human rights and its collaboration with the Universal Periodic Review. It further congratulated Chile for accepting the recommendations that had been made to it by Morocco and welcomed its prompt response in this regard. With regard to the issue of migration, Morocco said that Chile’s response confirmed Chile’s commitment to the promotion and protection of the human rights of migrants. Morocco had also taken note with satisfaction of Chile’s efforts in fighting trafficking and promoting non-discrimination, and it encouraged Chile’s work in this regard.

ANGELINO GARZON (Colombia) thanked Chile for the diligence they had given to the various recommendations and congratulated it for the voluntary commitments it had made and noted its determination to draw up a national human rights plan. They also noted the invitation extended to the Human Rights Council Special Procedures. This all showed the firm commitment Chile had with regard to the promotion and protection of human rights.

MARIANA OLIVERA WEST (Mexico) said Mexico thanked Chile for its obvious commitment to human rights and its cooperation with the various treaty mechanisms, and for the recent adoption of the Rome Statute and the approval of the bill on forced disappearances by the Congress. The recent acceptance of the Optional Protocol and a national mechanism for the follow-up to the Optional Protocol on the Convention against Torture was positive, as was the adoption of the National Human Rights Plan. Chile was encouraged to protect the human rights of indigenous persons. Efforts were underway to protect the human rights of the entire population, and this was encouraging.

NESTOR CRUZ TORUNO, (Nicaragua) said that Nicaragua congratulated Chile, a neighboring country, on its recent Universal Periodic Review. Nicaragua welcomed the recent initiative aimed at establishing a National Institute for Human Rights. Nicaragua encouraged Chile to comply with the various legislative initiatives that had been submitted to its parliament for consideration.

KLARA TUNYOGI AKOTS (Hungary) welcomed the decision of the Government of Chile to accept or answer almost all of the recommendations and commended Chile for the creation of a national institute for human rights. They were also glad to note that Chile had launched a national human rights plan, as well as the ratification of the Rome Statute and the Convention on Enforced Disappearances. Hungary would welcome an update on the drafting of the amendment of the criminal law with regard to combating all forms of trafficking in human beings and on measures the Government intended to take in order to improve the situation of refugees and to guarantee the full realization of their rights.

JOHN FISHER, of Canadian HIV/AIDS Legal Network, said Chile had agreed to strengthen measures to counter discriminatory attitudes in society, implement public education, and equality initiatives to prevent discrimination on the basis of sexual orientation and gender identity, and prohibit by law discrimination on the grounds of sexual orientation. These were very positive initiatives which would strengthen Chile's leadership in this area. It was regretted that Chile rejected two recommendations dealing with access to safe therapeutic abortion, and noted that these recommendations addressed efforts to ensure that Chile's laws were in conformity with its international human rights obligations. The Government's positive response to most recommendations was appreciated, and it was encouraged to fully involve Chilean civil society in follow-up discussion of all recommendations raised during the Working Group.

MARIANNE LILLIEBJERG, of Amnesty International, said that Amnesty International welcomed the positive measures taken by Chile recently, including the ratification of the Rome Statute of the International Criminal Court and the approval by Congress of a law to create a national human rights institution. In order to further strengthen this institution, Amnesty International called on Chile to ensure that the national human rights institution enjoyed independence in its powers and functions, and recommended that Chile drew on good practices in the establishment. Amnesty International also reiterated its call that Chile act to nullify the 1978 Amnesty Law, and its concern that the Anti-Terrorism Law might have been applied in a discriminatory manner against indigenous peoples. It further supported calls on the Government to publicize its plans to achieve full implementation of International Labour Organization Convention 169, and underscored the importance of effective consultation to the process of constitutional recognition of the rights of indigenous peoples currently underway in Chile.

DANIELLE MITTERAND, of France Libertés: Fondation Danielle Mitterrand, said that the current session had seen recommendations with regard to the Mapuche indigenous people living in Chile. The criminalization of the demonstrations undertaken by these peoples was a crime and was unjustified, as was the expulsion of journalists reporting on this issue. Today, the Chilean State had set up a rather ambiguous strategy and the lands of the communities normally protected by indigenous law were now threatened by destructive projects by multinational corporation. At the same time, the Chilean State had forced very cruel repression on the indigenous people; the anti-terrorist law was applied solely to members of the indigenous community. In order to improve the situation, the Human Rights Council needed to intervene to make sure that the Chilean State no longer criminalized the activities of indigenous people.

REINALDO MARIQUEO, of Society for Threatened Peoples, said Chile defined itself as a unified country, signifying that it did not recognise peoples such as the Mapuche with their own singularities, and persisted in promoting cultural uniformity based on a Euro-centric vision. This was one more confirmation of hegemony and colonialism, and the Government was endeavouring to dispossess the Mapuche of their cultural identity, by denying them the principle source of their identity, their ancestral lands. Far from addressing the unjust treatment of the Mapuche, the Government was perpetuating this, thwarting their legitimate aspirations through the assimilation process, rarely consulting them on matters relevant and pertinent to them. Chile had voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples, but criminalised leaders who promoted freedom, autonomy, and self-determination for the Mapuche people.

CAMILA LISA ASANO, of Conectas Direitos Humanos, said that Conectas Direitos Humanos welcomed the course the Council had taken and thanked States for the information they had given and the recommendations they had made to the Government of Chile. Many internal problems in Chile still needed to be addressed and the Chilean Government excused itself by noting the lack of will of other state powers. Conectas Direitos Humanos asked the Secretary of the Presidency to create a follow-up mechanism for the recommendations of the Universal Periodic Review.

ANDREA MARIFIL, of International Association Against Torture, noted, in connection with recommendations requesting investigations into alleged cases of torture and bringing to justice those responsible of these acts, that it was a norm that Chilean police issued all kinds of threats and inflicted inhuman and degrading treatment on detained persons. The fact that the Chilean Government continued to apply the anti-terrorist law and continued to use military tribunals in connection with cases of indigenous people violated the law.

THOMAS ALARCON, of Juridical Commission for Auto-Development of First Andean Peoples (CAPAJ), said the Government of Chile was requested to adopt new measures to fight against trafficking in human beings. The people of Tacna and Arica had been separated by borders. Many Peruvians in Chile found difficulties in gaining employment, and thousands were illegal in Chile, leading to situations of violence for those who were looking for employment and were without protection. It was urgent to have frank and sincere support for these people, which had not yet been provided or offered by the State.

GODSHAN PAZHOCH, of Organization for Defending Victims of Violence, said that the Organization for Defending Victims of Violence believed that the membership of Chile in several international human rights conventions and covenants spoke of Chile’s determination and will for the promotion of human rights in the country. While these efforts were welcomed, the Organization for Defending Victims of Violence also believed that the processing of some human rights shortfalls, mentioned in the Council’s final report’s conclusions and recommendations, including the rights of indigenous peoples and the lack of a national institution for human rights, would strengthen the human rights situation in Chile. To this aim, the investigation of claims of police brutality and domestic violence and gender-based violence and efforts to take measures to quickly stop these behaviors must be placed in the agenda of the Chilean Government.


RONALD BARNES, of the Indian Council of South America, congratulated Chile for its constructive participation and completion of its first Universal Periodic Review. Chile had to be commended for its support for the Declaration on the Rights of Indigenous People. In this regard, it was brought to their attention by Mapuche representatives that there were historical treaties that were signed with Spain and which Chile had also signed. These treaties were the root of disagreement and conflict that was leading to detention and imprisonment, even when raising these claims in a non-violent manner. The Indian Council of South America called upon Chile to fully review its treatment of indigenous peoples, in particular its treaty commitments with the Mapuche people.

MARIA DANIELA RIVERO, of International Commission of Jurists, said in the Working Group several recommendations were made to Chile on the need to modify military justice legislation, which was incompatible with international standards, and to modify the structure of military justice with the aim of ensuring their impartiality and independence and the right to a fair trial. Military courts should be independent. The model of military criminal justice in Chile assumed that judges were submitted to due obedience to their superiors. The provision of justice in the armed forces was worrisome. Several international human rights instruments as well as international jurisprudence in human rights stipulated that military jurisdiction had to be limited to offences that were strictly military, and thus the Council should include such a recommendation to Chile.

DEREK BRETT, of Conscience and Peace Tax International, said with regard to paragraph 53 of the outcome of the Working Group, that it was of course commendable that persons whose relatives had suffered human rights violations were exempted from the obligation to perform military service. However, this was an extension of the compassionate exemption and not a question of conscientious objection. Chile was perhaps fortunate not to have been asked directly about conscientious objection to military service. The refusal of illegal orders was also in theory an obligation and not a matter of conscientious objection. Illegality was however very hard to prove on the ground at the time, so any change giving more protection to service personnel who attempted to refuse illegal orders was to be commended.

WANDA NOWICKA, of Federation for Women and Family Planning, said that the failure to implement recommendations contained in paragraphs 24 and 37 and the failure to ensure that women and girls had access to safe therapeutic abortion constituted a continued violation of Chile’s international human rights obligations and endangered the lives and health of women and girls. With regard to the right to life, freedom and personal safety, the Chilean Government must provide protection for transsexuals and women engaged in sex work to prevent them from continuing to be victims of murder. A gender identity law including change of name and sex without sex reassignment surgery or hormonal treatment as compulsory requirements must be promulgated, to ensure respect for the right of transsexual individuals to bodily integrity and their reproductive choices.

CARLOS PORTALES, Permanent Representative of Chile to the United Nations Office at Geneva, in concluding remarks, thanked all for their comments, which would be passed on to the Government to be analysed so Chile could move forward in the implementation of its international obligations. With regards to the reproductive health matter, in the 1960s Chile made huge advances on child and maternal health, providing free care across the territory and reducing child and maternal mortality significantly. Chile was one of the countries that had reached the Millennium Development Goal on maternal mortality. Ninety-nine per cent of births were in hospitals, and more and more indigenous peoples were accepting that, with traditional methods dovetailing with hospital birth. Chile was at the vanguard regarding effective promotion of rights for children, and provided contraceptives, including emergency contraception, to women who wished them, thus preventing dangerous and risky pregnancies. Women could also be sterilised without needing the husband's agreement. Forced sterilisation was illegal. Therapeutic abortion was under discussion. Medical care in Chile had nothing to do with the origin of the disease. The Health Minister had told the Ministry that although abortion was illegal under the Constitution, there should be no confessions extracted from women when they needed medical care.

On indigenous peoples, the main concern was to increase participation and decision-making and the involvement of civil society, and over the years a range of goals had been achieved in this regard. There was an ongoing policy to restitute and restore indigenous land. There were inter-cultural health programmes for indigenous peoples, and inter-cultural kindergartens. Work was also being done to provide better infrastructure to indigenous peoples. However, there was continuous conflict in particular with regards to land. Regulations had been approved on consultations with indigenous communities. This reaffirmed the political will of the Government to have a clear dialogue with these bodies in order to fulfil the Covenant and ensure that their rights were fulfilled. He wished to thank all for their contributions, which allowed the country to improve its legal framework, and perfect its institutions and policies for the ongoing improvement of human rights and fundamental freedoms.

The Council then adopted the outcome of the Universal Periodic Review for Chile.

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