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HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW PROCESS ON SENEGAL AND CHINA
11 June 2009
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Human Rights Council
MORNING
11 June 2009
The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review process on Senegal and China. The Council also heard the presentation of Azerbaijan in the context of the consideration of the Universal Periodic Review outcome on that country, but the text of that speech will be reported in this afternoon’s release, with the further consideration of that item.
Madické Niang, Minster of Justice of Senegal, presenting additional information on the review, said Senegal had adopted 30 recommendations formulated during the interactive debate. Several delegations recommended the decriminalization of homosexuality. In that regard, it was a clear fact that being homosexual was not a crime in Senegal, and there was no legislative or regulatory prescription criminalizing homosexuality. Fundamental freedoms were guaranteed by the Senegalese Constitution, whether it be the freedom of expression or freedom to demonstrate. With regard to the recommendation to issue a permanent invitation to the mandate holders of the Council's special procedures, Senegal was prepared to continue to answer favourably all requests for a visit that were formally sent to it, and to continue to collaborate fully with the mandate holders.
During the discussion on Senegal, speakers said the serious and transparent approach taken by Senegal showed the commitment the Government attached to the Universal Periodic Review process. Senegal paid special attention to the issue of migrants, especially in the area of prevention of smuggling of migrants; that was in addition to advances achieved on the path of economic, social and cultural rights, with a special focus on the eradication of poverty. Senegal should reform its national legislation related to the independence of the media and ensure full respect for freedom of expression in accordance with international standards. The efforts taken to provide primary education in rural areas, and to provide study grants for students in public, and private schools were also welcomed.
Speaking during the discussion on Senegal were United Arab Emirates, Qatar, Algeria, Pakistan, Bahrain, Egypt, Saudi Arabia, Morocco, United States and Ireland, as well as representatives of the Senegal Human Rights Committee; the European Region of the International Lesbian and Gay Association; the Organisation Pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale; Rencontre Africaine Pour la Defense des Droits de l’Homme; Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine; Comite International Pour le Respect et l’Application de la Charte Africaine Des Droits de l’Homme et des Peuples; Action Internationale Pour la Paix et le Developpement Dans la Region des Grands Lacs; and Espace Afrique International.
Li Baodong, Permanent Representative of China to the United Nations Office at Geneva, presenting additional information on the review, said all recommendations had been examined, and China had accepted all recommendations that were compatible with Chinese society. China solicited views from non-governmental organizations and academia during the course of implementing the recommendations received. On 13 April 2009 China had issued the first national human rights action plan for the period 2008-2010, which comprehensively covered civil, political, economic, cultural and social rights. In April 2009, the Chinese Government had issued an in-depth reform measure on medical care, which stipulated medical insurance would be provided for the whole population by the year 2020. With regard to crimes punishable by the death penalty, the penalty was only applied with strict controls, and in practice, a number of crimes punishable under the penal law by the death penalty had not been applied.
During the discussion on China, speakers said there had been positive effects on the lives of citizens, and improvements of the rule of law, with efforts to guarantee the independence of the judiciary, and the promulgation of a national plan of action. China was a role model in the areas of the elimination of slavery, including in Tibet; the emancipation of women; and in exemplary conduct regarding prisoners of war. On the other hand, it was noted that China had rejected, without a single exception, every recommendation made during the process that pertained to freedom of expression and freedom of association, independence of the judiciary, protection of human rights defenders, rights of ethnic minorities, reduction of the death penalty, prohibition of torture, media freedom and effective remedies for discrimination.
Speaking during the debate on China were, the United Arab Emirates, Cuba, Algeria, Qatar, Saudi Arabia, Uzbekistan, Pakistan, Sri Lanka, the Russian Federation and Bahrain. Representatives of Women’s International Democratic Federation, the United Nations Association of China, the Federation of Cuban Women, Amnesty International, China NGO Network for International Exchanges, China Association for Preservation and Development of Tibetan Culture, China Care and Compassion Society, Helsinki Foundation for Human Rights, the Society for Threatened Peoples, in a joint statement with Reporters without Borders, Mouvement Contre Le Racisme Et Pour L’amitie Entre Les Peuples, in a joint statement with Interfaith International, Human Rights Watch and China Society for Human Rights Studies also spoke.
Over the next few days, the Council will review and take action on the outcomes of all 16 States considered during the fourth session of the Universal Periodic Review Working Group.
The Council will meet next this afternoon at 2 p.m., when it will continue its review of the outcome of the Universal Periodic Review of Azerbaijan, followed by the consideration of the outcomes of the Universal Periodic Review process on Mexico, Mauritius and Jordan.
Consideration of Outcome of Universal Periodic Review on Senegal
MADICKE NIANG, Minster of Justice of Senegal, said Senegal had participated in a positive spirit in the Universal Periodic Review in February, and had adopted 30 recommendations formulated during the interactive debate. The same openness and transparency characterised Senegal's response to the 10 remaining recommendations. Several delegations recommended the decriminalization of homosexuality. In that regard, it was a clear fact that the act of being homosexual was not a crime in Senegal, and there was no legislative or regulatory prescription criminalizing homosexuality. However, there was a disposition in the Penal Code that criminalized indecent or unnatural acts on a person of the same sex. In its overwhelming majority, Senegalese society was hostile to homosexuality as it was practised in other countries, and ignoring that would stimulate the appearance of extremist attitudes. That was why the authorities intended to continue to deal with the issue in a calm and moderate manner. The recommendation on the separation of powers was fully taken into account in Senegal before it was formulated, as Senegal was a State of law.
Fundamental freedoms were guaranteed by the Senegalese Constitution. Whether it be freedom of expression or freedom to demonstrate, those were currently assured. The recommendation on that issue was a further motive to pursue efforts aiming to constantly improve the level of enjoyment and protection of fundamental rights. With regard to discrimination against women and their access to education and health, the recommendation on that was in line with the chosen policy of Senegal in that field, and the Government had adopted important legislative and regulatory measures aiming to fight more efficiently against discrimination from which women suffered. A national strategy for equality and gender equity was running for the period 2005 to 2015, and many other initiatives had been taken to continuously improve the situation of women, including the implementation of programmes to increase schooling for girls, and the promotion of women in leadership positions. With regard to the permanent invitation to the Council’s Special Procedures mandate holders, Senegal was prepared to continue to answer favourably all requests for a visit that were formally sent to it, and to continue to collaborate fully with the different mandate holders.
OBAID SALEM SAEED AL ZAABI (United Arab Emirates) said that the United Arab Emirates appreciated the work done by Senegal to achieve the Millennium Development Goals. It commended Senegal on the measures taken in the sector of poverty and education. Senegal was a symbol of coexistence and tolerance which needed to be protected. It played a pivotal role in the inter-religious dialogue between States. The United Arab Emirates recommended adopting the outcome of the Universal Periodic Review.
MANSOOR ABDULLA AL-SULAITIN (Qatar) thanked the Senegalese delegation for the additional information presented with respect to the Universal Periodic Review process. Qatar applauded the spirit of understanding and openness Senegal practiced during the process and in particular with respect to the acceptance of 30 recommendations. Qatar valued the efforts taken by Senegal in the field of the promotion and protection of human rights and the implementation of the International Covenant on Civil and Political Rights. In particular, Qatar welcomed measures taken to ensure the right to education, health and housing. Qatar also applauded the peaceful coexistence of Muslims and Christians in the country, and the efforts taken to build tolerance amongst civilizations.
SELMA MALIKA HENDEL (Algeria) said the quality of the information presented during the Universal Periodic Review showed the seriousness with which the Senegalese authorities took that process. The follow-up given to almost all recommendations received was the perfect illustration of that. Algeria was particularly pleased by Senegal's acceptance of the recommendations issuing from Algeria, including the promotion of the universalization of the International Convention on the Rights of All Migrant Workers, the continuance of efforts to guarantee the right to food for the population and the possibility of asking for technical assistance in this field, and the continuance of efforts to promote dialogue, peace and tolerance between religions, civilizations and cultures. Algeria welcomed the efforts made by the Government for the protection and promotion of human rights in Senegal. The international community should help Senegal to implement the recommendations.
MUHAMMAD SAEED SARWAR (Pakistan) said that the detailed comments of Senegal reflected the importance it attached to the Universal Periodic Review. Senegal had a constructive attitude in dealing with the subject of the promotion and protection of human rights. Today, Pakistan was encouraged by announcements made by Senegal that it would continue to build on its achievements, especially in the fields of the rights of migrants, judicial reform and violence against women. The fulfilment of those recommendations would lead to the effective enjoyment of human rights in Senegal.
AMMAR EBRAHIM RAJAB (Bahrain) welcomed all the positive measures taken by Senegal to implement certain recommendations expressed during the Universal Periodic Review. During the process of the Universal Periodic Review, Senegal’s efforts for the promotion and protection human rights had been seen not only at the national level, but also towards regional and international mechanisms. Bahrain welcomed in particular efforts taken to provide primary education in rural areas, and to provide study grants for students in public and private schools. In that context, Bahrain recommended that the Human Rights Council adopt the report on Senegal.
HEBA MOSTAFA RIZK (Egypt) said Senegal had been able to achieve significant progress in the area of the protection and promotion of human rights, despite all obstacles, including through efforts to establish a strong human rights national infrastructure. Senegal also paid special attention to the issue of migrants, especially in the area of prevention of smuggling of migrants; that was in addition to advances achieved on the path of economic, social and cultural rights, with a special focus on the eradication of poverty. It was now incumbent on the international community to extend the assistance needed to the Senegalese Government to enable it to face the challenges hindering the implementation of national strategies and plans aimed at achieving the Millennium Development Goals and overcoming the current global crises within the context of Senegal's national priorities.
ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said that Senegal’s response to the needs of its country and also the fact that Senegal had accepted most of recommendations put forward by the Working Group attested to the fact that Senegal was willing to work together with the Universal Periodic Review mechanism. It had proven that it wished to ensure the enjoyment of human rights for its people. Saudi Arabia commended Senegal for its will to continue with its programme for the protection and promotion of human rights.
MOHAMED ACHGALOU (Morocco) congratulated Senegal for undertaking this process in a balanced and cooperative way. Senegal had responded positively to most of the recommendations, including those proposed by Morocco, and promised to take the same approach with respect to other recommendations. The serious and transparent approach taken by Senegal showed the commitment the Government attached to the Universal Periodic Review process. The institutional structures, inter alia, the Office of the High Commissioner for Human Rights, the Human Rights Committee and the mediator, also bore testimony to the political will and respect the Senegalese authorities attached to human rights and fundamental liberties. Morocco supported the efforts of the Senegalese Government in consolidating the principles of the rule of law and the promotion and protection of human rights.
MARK CASSAYRE (United States) appreciated the comprehensive approach of Senegal in preparing its national report, and its willingness to consider and implement a number of the recommendations made during the Working Group’s interactive dialogue. The United States appreciated Senegal's commitment to further strengthen its efforts to eliminate economic exploitation of children, including by implementing more effective measures to provide access to education and to enforce laws against child labour and child trafficking. Senegal should free all persons imprisoned because of their sexual orientation. Senegal should reform its national legislation related to the independence of the media and ensure full respect for freedom of expression in accordance with international standards. Senegal should also fulfil the African Union mandate to bring former Chadian dictator Hissène Habré to justice through trial in Senegal, and should more effectively enforce law 99-05, prohibiting female genital mutilation and undertake an awareness-raising campaign about that practice.
MICHEAL TIERNEY (Ireland) thanked Senegal for the comments made during the presentation of the outcome. Ireland had noted with satisfaction that Senegal had accepted Ireland’s recommendations concerning the need to adopt a law on female genital mutilation. Ireland recommended the adoption of the outcome of the Universal Periodic Review on Senegal.
ALIOUNE NDIAYE, of Senegalese Human Rights Committee, said that the Universal Periodic Review process of Senegal had been carried out in a spirit of dialogue and had been completed with great satisfaction. The international community was aware of the efforts taken by the Senegalese Government to promote and protect human rights. The open and sincere dialogue initiated between the Senegalese Government, national institutions and civil society, which showed the maturity and responsibility of all for the recognition and enjoyment of human rights for all, was commended. The fact that Senegal took into account all recommendations was welcomed.
ROWLAND JIDE MACAULAY, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), said last year the arrest and jailing of gay men in Senegal was a result of State abuse, and the Government should free them. Many gays feared for their lives and had gone into hiding, with serious effects on HIV/AIDS programmes, and represented a threat to public health. There had been an increase in homophobia. The current penal code continued to threaten the existence of sexual minorities, in contravention to the rights set out in the International Covenant on Civil and Political Rights, to which Senegal was a party. The United Nations Working Group on Arbitrary Detention also found that arrests for consensual homosexual contact were a violation of human rights. Senegal should take further action to repeal the Criminal Code provision and review other national legislation that punished individuals owing to their sexual identity, and should promote tolerance nationally.
MICHELINE MAKOU DJOUMA, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (Ocaproce International), said that Senegal had pursued efforts to promote the human rights of women. As had been stressed by the Working Group in its final report, Senegal had undertaken many efforts to promote and protect human rights. The organization welcomed all efforts and encouraged Senegal to implement the recommendations taken onboard. The Government was also congratulated on its constructive participation in the Universal Periodic Review process.
IBRAHIMA GUISSE, of Rencontre africaine pour la défense des droits de l'homme, said that the re-election of Senegal to the Human Rights Council showed the mission played by Senegal in the field of human rights. The political authorities were thanked for accepting many of the Working Group’s recommendations. However, on the independence of the judiciary, though enshrined in the Senegalese Constitution, the High Council and its membership reduced its autonomy, and with respect to cases that had political content it became necessary and important to make the magistracy independent.
BELL HILAIRE, of Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine (CRED), said Senegal was a country of great freedoms in Africa, and the President was a great African, renowned for his attachment to human rights and to the development of Africa. The first President of Cameroon was buried in Senegal, and there was an issue with regard to the return of his remains to Cameroon. The dead also had rights. Senegal should clarify the issue.
MALUZA WASILUADIO MAVULA, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, welcomed the firm dedication of Senegal to human rights. Also welcome was the strengthening of judicial instruments in Senegal to better respond to the challenges of the world today. That was the case to better protect women, children, migrant workers and the disabled against any form of discrimination. Recent initiatives taken to strengthen the independence of the judiciary showed that Senegal was moving to take action on human rights. On several occasions, efforts had been made to fight impunity on a national and regional level. It was recommended that the report on Senegal be adopted in view of the various efforts made in the field of human rights.
MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), congratulated Senegal for the efforts made to promote the ratification of conventions on human rights and vulnerable persons. In particular, measures taken on the rights of migrants, to prevent arbitrary detention and trafficking in human beings, and to ensure the independence of judges and the implementation of the Covenant on Civil and Political rights showed that Senegal wished to promote human rights and freedoms. Senegal also illustrated its commitment to human rights by aiming to achieve the Millennium Development Goals, with the adoption of measures to provide universal health care and the abolition of female genital mutilation, among other things. Senegal had to be supported in its work to establish the rule of law and maintain human rights in the country.
AWA N'DIAYE, of Espace Afrique International, said the Government of Senegal had made excellent efforts with regard to education, especially education of girls. Education was one of the development activities that generated the highest return on investment, and the Government was investing 40 per cent of its yearly budget in that area, with the participation of all citizens in development activities. Good, accessible education would be made available to all, including the most disadvantaged groups. Health care and education for the youngest, as well as balanced food for them, was taken care of, and there had been many primary and secondary schools established in the country, as well as centres allowing for distance learning. Tele-Health allowed Senegal to combat maternal and child mortality. Senegal was promoting health and education for all.
MADICKE NIANG, Minster of Justice of Senegal, said that the same spirit of openness noted by many had enabled Senegal to meet with civil society before coming here today. Together, they had drafted their responses and the presentation of the report. Senegal was firmly committed to fight impunity and it also wanted to ratify the Rome Statue. For the dignity of Africa, Senegal was also committed to start the trial of Hissène Habré. There were some budgetary concerns, but as soon as they would be resolved the trial on alleged human rights violations of the Chadian Ex-President could start.
Senegal was committed to respect freedom of expression and no journalist was being detained in the country. It was observed that all forms of freedom had limits, necessary to respect other freedoms. Senegal was thus advancing with strength to the consolidation of a strong rule of law. Regarding female genital mutilation, Senegal had convicted persons involved in those activities. Its measures did not stop at the judiciary; Senegal had also started awareness-raising campaigns and that was all work under way. Mr. Niang wished to stress that homosexuality was not a crime in Senegal, even though public opinion was against it. Senegal had understood that it needed to invest in its human capital and had to provide free education. Senegal had a policy of voluntarism and anyone who wanted to fight for women’s rights could do so. A Committee against violence against women had been established as well.
The Council then adopted the outcome of the Universal Periodic Review on Senegal.
Consideration of Outcome of Universal Periodic Review on China
LI BAODONG, Permanent Representative of China to the United Nations Office at Geneva, said that the Chinese Government had given a comprehensive account of the course of human rights in China during the Universal Periodic Review process. China had conducted an open and frank dialogue with many countries, and thanked all countries for their active participation in that regard. China regarded the Universal Periodic Review as an opportunity to listen to other countries and to further promote and protect the human rights of its people. All recommendations had been examined, and China had accepted all recommendations that were compatible with Chinese society. China solicited views from non-governmental organizations and academia during the course of implementing the recommendations received. On 13 April 2009 China had issued the first national human rights action plan for the period 2008-2010. The plan comprehensively covered civil, political, economic, cultural and social rights and included the various recommendations made by countries during the Universal Periodic Review process.
Specifically on the recommendation made to create conditions for the early ratification of the Covenant on Civil and Political rights, the Chinese national plan contained measures to bring national provisions and domestic law in line with those of the Covenant in order to ratify it. Regarding the reform of the judicial system, measures had been adopted in March 2009, when the Supreme Court had issued a reform document outlining 30 specific reforms, including the posting of information on the Internet. With regard to the recommendation made on increased input from the Government in the face of the financial crisis to ensure Chinese people’s livelihood, Mr. Li noted that a stimulus package worth 4 billion renminbi (RNB) had been allocated to finance projects in that regard, with special attention paid to people living in rural areas. China also guaranteed access to clean drinking water for 14.6 million people living in rural areas, which was an increase of 200 per cent of beneficiaries. In April 2009, the Chinese Government had issued an in-depth reform measure on medical care, which stipulated medical insurance would be provided for the whole population by the year 2020. On the recommendation that the law in China should include a definition of discrimination, China had ratified a large number of international conventions which prohibited any acts of discrimination. Concerning the recommendation to reduce the number of crimes punishable by the death penalty, that penalty was only applied with strict controls. In practice, a number of crimes punishable under the penal law by the death penalty had not been applied. No country had a perfect human rights record, it was observed. With 1.3 billion people, China was a developing country undergoing constant reforms. China would continue to fulfil its commitments, while learning useful practices from other countries in protecting and promoting the human rights cause.
OBAID SALEM SAEED AL ZAABI (United Arab Emirates) commended the efforts made by China to promote human rights, and appreciated the countryý's efforts under the Universal Periodic Review process, as well as to install the necessary reforms of institutions so as to back up their developmental renaissance. There had been positive effects on the lives of citizens, and improvements of the rule of law, with efforts to guarantee the independence of the judiciary. That was a difficult endeavour in such a multifaceted and multicultural country. The cooperation shown by China with human rights bodies and the Office of the High Commissioner for Human Rights were welcome. The Council should take all China's achievements into account.
JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) appreciated that China had accepted the vast majority of the recommendations put to it during the interactive debate of the Working Group. The recommendations were related to all human rights. Cuba believed that the implementation of those recommendations would help human rights defenders in China who were genuinely committed to the promotion and protection of human rights. The Chinese people would benefit from the results of those efforts. At the same time, Cuba regretted that some recommendations had been put forward that were politically motivated. The Chinese delegation had every right to reject those recommendations. Many things had changed in China in the course of history; it was one of the People’s Republic’s extraordinary achievements to put the Chinese people on the way to national unity and to development making China the great country that it was today. China should keep up its efforts.
SELMA MALIKA HENDEL (Algeria) thanked China for the measures it had taken or planned to take with regard to the implementation of the recommendations received. Algeria commended the transparency and open-mindedness of China in that regard. Algeria welcomed the national action plan 2009-2010. There was no better time than the occasion of adopting the Universal Periodic Review to congratulate the country in accepting the recommendations.
FAISAL ABDULLA AL-HENZAB (Qatar) appreciated China's acceptance of the majority of the recommendations, as well as its implementation of measures to enact them, such as rules and laws, including a series of laws on related human rights, measures against child labour, and to improve equality of education in rural and urban areas, and the promotion of the guarantees of ethnic minority rights, whether those were civil and political rights or economic, social and cultural rights. The measures taken reflected a positive effort by China, and its care to implement the results of the Universal Periodic Review, as well as its political will to uphold the basic human rights and fundamental freedoms of its people. The United Nations specialized agencies should provide more care and assistance to China. For its part, China should share its experience and best practice with other developing countries, particularly with regard to right to development.
ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) saluted China’s influential role in the Human Rights Council. Its clear and explicit replies showed the enormous interest China took in human rights. China’s experience in the development of human rights mechanisms was considered a pioneer in the sphere. China had clearly expressed its determination to implement a human rights plan of action while trying to strike a balance between rural and urban areas. Saudi Arabia wished China all success in the implementation of the recommendations.
BADRIDDIN OBIDOV (Uzbekistan) expressed gratitude to China for the information presented, along with the detailed comments made. Uzbekistan welcomed the constructive approach displayed by China during the Universal Periodic Review process, and commended China’s efforts in the field of economic, social, civil, political and cultural rights. Uzbekistan was convinced that the Chinese Government’s devotion to international obligations in the area of human rights would continue. Uzbekistan wished the People’s Republic of China success in living up to the obligations China had accepted to promote and defend human rights in the country.
MARGHOOB SALEEM BUTT (Pakistan) observed that the Chinese delegation had been constructively engaged with the Universal Periodic Review process. Despite being the most populous country in the world, China's achievements in realizing many of the Millennium Development Goals ahead of time were best practices that needed to be replicated by other States. As a responsible global power, China had always looked after the rights and interests of the developing world, acknowledgement of which had been reflected in statements made during the review by almost all developing countries. China had accepted a range of recommendations in the fields of civil, political, economic, social and cultural rights. Establishment of an inter-agency working group to systematically analyse and implement those recommendations reflected the seriousness it attached to the subject of human rights. China had promulgated its first national human rights action plan, setting forth important goals in many relevant fields. Pakistan wished China well in its endeavours to protect and promote the rights of its citizenry in the most comprehensive manner.
DAYAN JAYATILLEKA (Sri Lanka) welcomed the constant role of China in striving for harmony and fair play in the Human Rights Council. China was a role model in the areas of the elimination of slavery, including in Tibet; the emancipation of women; and in exemplary conduct regarding prisoners of war. Sri Lanka was pleased that China had accepted the vast majority of the recommendations put to it. It was also pleased that China had rejected those recommendations that could contribute to ethnic splitting. Sri Lanka was also concerned about ethnic equality and thought that it could learn from China. Sri Lanka strongly recommended the adoption of the report.
VALERY LOSHCHININ (Russian Federation) observed that China had made an enormous contribution to politics, peace and security in the world. The national report of China, presented in February, set out impressive achievements brought about in the country in the area of human rights. Even at the first stage of the review, the Chinese delegation had expressed a willingness to implement recommendations, and in particular with respect to the field of social, economic and cultural rights. The Russian Federation noted that the Chinese economy played a vital role in the efforts played by the international community in trying to find a way out of the current economic and financial crisis, and wished China all the success in fulfilling its obligations.
ABDULLA ABDULLATIF ABDULLA (Bahrain) congratulated China for accepting so many of the recommendations put forward during the Working Group meeting in February. The launching of the first national plan for human rights was welcome. In accordance with the Vienna Plan of Action, that had been a result of a democratic process that had covered the legislative and administrative bodies, civil society and non-governmental organizations, and covered economic, social and cultural rights and civil and political rights. The measures in the plan, particularly protections for women, children, the elderly and the disabled were welcome, as was the fact that it had included the recommendations. The Plan would give a new impetus to human rights, and create a new environment for the implementation of the International Covenant on Civil and Political Rights.
YANI CRUZ GUTSENS, of Women’s International Democratic Federation, wanted to stress the achievements of China in the fight against poverty and in guaranteeing human rights. China guaranteed the right to life and food, as well as economic, social and cultural rights. All rights of women, boys and girls and the disabled were guaranteed and access was provided to employment, health and education. In the fight against poverty, priority was given to those sectors of the population. Despite all the challenges that China had faced and was facing now, China was continuing to fight for the enjoyment of human rights.
ZHANG YUNFEI, of the United Nations Association of China, said the Universal Periodic Review was a positive mechanism, which heeded the opinions of all stakeholders to ensure that the report for the State under review was as balanced as possible. During the process of preparing China’s national report, broad consultations had been held with many non-governmental organizations. Subsequently, measures had been adopted in the past few months. On 13 April 2009, China had published the first-ever national human rights action plan for 2009-2010. The plan clearly defined the Chinese Government’s goals in promoting and protecting human rights, setting out a time frame, and the specific measures it was taking to that end.
CAROLINA AMADOR PEREZ, of the Federation of Cuban Women, said China had a population of more than 1.3 billion inhabitants, and the Government had made a considerable effort to ensure human rights for all. The women of China had been given equality of rights in the political, economic and cultural spheres and in family life, and laws guaranteed their legal situation and social position, honour and personal dignity. The Government had made efforts to eliminate all forms of discrimination against women through legal and administrative means, and was protecting their special interests. The Government had made promotion of gender equality a national policy to promote development in the country, and had a national programme for women which included indicators. The level of school attendance of Chinese girls was over 99 per cent, and women were more than 20 per cent of the representatives in Congress, and held 45 per cent of the jobs. That was an exceptional achievement in a country that was also building socialism.
PETER SPLINTER, of Amnesty International, said that if the Universal Periodic Review was to lead to improved respect for human rights, Governments had to frankly address their own human rights records and be responsive to other States’ recommendations. By rejecting a large number of recommendations covering a broad range of human rights, the Chinese authorities had effectively undermined the value of the Universal Periodic Review for China. The success of the Universal Periodic Review also depended on a frank discussion within each State review, including civil society. Civil society should not be an accomplice in Government efforts to present a sanitized picture of their national human rights situation. China’s manipulation of civil society’s contributions to the process had seriously undermined the Universal Periodic Review and the credibility of the outcome for China.
ZHU FAGEN, of China NGO Network for International Exchanges, said that the national report of China stressed not only the protection of citizens’ economic, social, cultural rights and right to development, but also the protection and promotion of civil and political rights. In particular, it did not circumvent human rights problems that had emerged during the deepening reforms of the social and economic transition. There were still some shortfalls in China’s human rights development, such as the imperfect social security system, insufficient protection of the rights of special groups, and loose law enforcement.
LIAN JIAN, of China Association for Preservation and Development of Tibetan Culture, appreciated that the Working Group had raised the issue of national minorities. As the most populous developing country, China had to give priority to the improvement of people's livelihood. With regard to Tibet, 80 per cent of the population had maintained an annual income growth rate of 13 per cent, but was still lagging behind other areas. The Government should give further emphasis to the lives of rural people in Tibet so that they could catch up with the rest of the country. In expanding domestic demand, the Government should focus on vocational training of national minorities. The Government should do a better job in legislative work so as to maintain and protect the rights and interests of the Tibetan people.
CHENG NINGNING, of China Care and Compassion Society, said that the Universal Periodic Review objectively and comprehensively reflected the human rights discourse in China. The Society had submitted many critical views to the Government which had published them on the Internet and solicited more comments from other organizations. The China Care and Compassion Society also welcomed the promulgation of the national plan of action for children. It called on the Government to pay particular attention to migrant children and children left behind by their parents in rural areas because their parents had gone to work in the cities.
DEKYI DOLKAR, of the Helsinki Foundation for Human Rights, remained concerned by the State-managed infiltration of Government-operated non-governmental organizations in the Universal Periodic Review exercise and was alarmed by the politicization of the Universal Periodic Review mechanism. In particular, the Helsinki Foundation for Human Rights was deeply concerned by the rejection of 50 recommendations by China, including almost all those that sought to improve the human rights situation of the Tibetan people.
TENZIN KAYTA, of Society for Threatened Peoples, in a joint statement with Reporters without Borders - International, said 1 of the 50 recommendations that had been rejected by China concerned the granting access to Tibetan areas for the Office of the High Commissioner for Human Rights and other United Nations bodies, as well as diplomats and the international media. That position of the authorities contradicted the pledges and commitments it had made to the Human Rights Council to conduct constructive dialogues with treaty bodies, and to cooperate with human rights Special Procedures. Given the persistent patterns of gross and systematic violations of human rights suffered by the Tibetan people, full access should be given to the outside world to ascertain ground realities on the Tibetan plateau, including for diplomats, Parliamentarians, non-governmental organizations and the media, without restrictions, selectivity and politicization.
GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, in a joint statement with Interfaith International and Asian Indigenous and Tribal Peoples Network, said that it was naturally with deep concern that the organization followed the first Universal Periodic Review of China. It acknowledged the improvements in terms of economic and social rights, but it could not ignore, on the twentieth Anniversary of the Tiananmen manifestation, the poor implementation of cultural, as well as civil and political rights. During the Universal Periodic Review of China, New Zealand had called for the resumption of dialogue between the Chinese Government and the representative of His Holiness the Dalai Lama. The organization strongly regretted that the Chinese Government had decided not to accept that very important recommendation to help resolve the long-standing Sino-Tibetan conflict. Resumption of dialogue between the two sides would be welcomed by the international community, since such contacts and eventual negotiation could result in a sustainable solution that satisfied both parties.
JULIE DE RIVERO, of Human Rights Watch, said China had rejected, without a single exception, every recommendation made during the process that pertained to freedom of expression and freedom of association, independence of the judiciary, guarantees for the legal profession, protection of human rights defenders, the rights of ethnic minorities, reduction of the death penalty, abolition of re-education through labour, prohibition of torture, media freedom and effective remedies for discrimination. Could that be considered “upholding the highest standards in the promotion and protection of human rights” or “full cooperation with the Council?” Was that what was expected of a member in good standing of the Council?
REN DANHONG, of China Society for Human Rights Studies, welcomed the open and constructive spirit of the Chinese Government to the Universal Periodic Review recommendations, especially the wide consultation with Chinese civil society organizations for their implementation. Most recommendations from the report on the livelihood of migrant workers had successfully attracted the attention of the Government, including by formulating concrete action plans to secure employment and especially to strengthen the protection of their rights and interests, guaranteeing them equal treatment in terms of social security, payment and skills training. The Chinese Government should continue to keep good cooperation with the Office of the High Commissioner for Human Rights and consider concrete technical cooperation projects in the future with which Chinese civil society could be actively involved.
LI BAODONG, Permanent Representative of China to the United Nations Office at Geneva, thanked all countries for their support. China would study the new comments made by countries during this discussion. China welcomed well-intentioned criticism but rejected any fabrication of lies by non-governmental organizations. Fifty years ago, China had freed the Tibetan people from dark feudal theocracy. Today, Tibetans enjoyed human rights. The Central Government of China was sincere and honest in talking with the representatives of the Dalai Lama. It was the Dalai Lama who refused to step back from the splitting of China. In the Universal Periodic Review, China had accepted recommendations from developed and developing countries, regarding economic, social and political human rights. China had only rejected the recommendations that were politicized. Some recommendations were beyond China’s possibilities to be met or were not clear in writing. Protection of human rights was enshrined in the Chinese Constitution. In four years’ time, when China would again come before the Council to be examined for the Universal Periodic Review, China’s human rights record would be a scoreboard for inspiring progress in human rights.
The Council then adopted the Universal Periodic Review outcome on China.
[The summary of the introductory statement by Azerbaijan on the outcome of its Universal Periodic Review will be published in this afternoon’s meeting summary.]
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For use of the information media; not an official record
MORNING
11 June 2009
The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review process on Senegal and China. The Council also heard the presentation of Azerbaijan in the context of the consideration of the Universal Periodic Review outcome on that country, but the text of that speech will be reported in this afternoon’s release, with the further consideration of that item.
Madické Niang, Minster of Justice of Senegal, presenting additional information on the review, said Senegal had adopted 30 recommendations formulated during the interactive debate. Several delegations recommended the decriminalization of homosexuality. In that regard, it was a clear fact that being homosexual was not a crime in Senegal, and there was no legislative or regulatory prescription criminalizing homosexuality. Fundamental freedoms were guaranteed by the Senegalese Constitution, whether it be the freedom of expression or freedom to demonstrate. With regard to the recommendation to issue a permanent invitation to the mandate holders of the Council's special procedures, Senegal was prepared to continue to answer favourably all requests for a visit that were formally sent to it, and to continue to collaborate fully with the mandate holders.
During the discussion on Senegal, speakers said the serious and transparent approach taken by Senegal showed the commitment the Government attached to the Universal Periodic Review process. Senegal paid special attention to the issue of migrants, especially in the area of prevention of smuggling of migrants; that was in addition to advances achieved on the path of economic, social and cultural rights, with a special focus on the eradication of poverty. Senegal should reform its national legislation related to the independence of the media and ensure full respect for freedom of expression in accordance with international standards. The efforts taken to provide primary education in rural areas, and to provide study grants for students in public, and private schools were also welcomed.
Speaking during the discussion on Senegal were United Arab Emirates, Qatar, Algeria, Pakistan, Bahrain, Egypt, Saudi Arabia, Morocco, United States and Ireland, as well as representatives of the Senegal Human Rights Committee; the European Region of the International Lesbian and Gay Association; the Organisation Pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale; Rencontre Africaine Pour la Defense des Droits de l’Homme; Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine; Comite International Pour le Respect et l’Application de la Charte Africaine Des Droits de l’Homme et des Peuples; Action Internationale Pour la Paix et le Developpement Dans la Region des Grands Lacs; and Espace Afrique International.
Li Baodong, Permanent Representative of China to the United Nations Office at Geneva, presenting additional information on the review, said all recommendations had been examined, and China had accepted all recommendations that were compatible with Chinese society. China solicited views from non-governmental organizations and academia during the course of implementing the recommendations received. On 13 April 2009 China had issued the first national human rights action plan for the period 2008-2010, which comprehensively covered civil, political, economic, cultural and social rights. In April 2009, the Chinese Government had issued an in-depth reform measure on medical care, which stipulated medical insurance would be provided for the whole population by the year 2020. With regard to crimes punishable by the death penalty, the penalty was only applied with strict controls, and in practice, a number of crimes punishable under the penal law by the death penalty had not been applied.
During the discussion on China, speakers said there had been positive effects on the lives of citizens, and improvements of the rule of law, with efforts to guarantee the independence of the judiciary, and the promulgation of a national plan of action. China was a role model in the areas of the elimination of slavery, including in Tibet; the emancipation of women; and in exemplary conduct regarding prisoners of war. On the other hand, it was noted that China had rejected, without a single exception, every recommendation made during the process that pertained to freedom of expression and freedom of association, independence of the judiciary, protection of human rights defenders, rights of ethnic minorities, reduction of the death penalty, prohibition of torture, media freedom and effective remedies for discrimination.
Speaking during the debate on China were, the United Arab Emirates, Cuba, Algeria, Qatar, Saudi Arabia, Uzbekistan, Pakistan, Sri Lanka, the Russian Federation and Bahrain. Representatives of Women’s International Democratic Federation, the United Nations Association of China, the Federation of Cuban Women, Amnesty International, China NGO Network for International Exchanges, China Association for Preservation and Development of Tibetan Culture, China Care and Compassion Society, Helsinki Foundation for Human Rights, the Society for Threatened Peoples, in a joint statement with Reporters without Borders, Mouvement Contre Le Racisme Et Pour L’amitie Entre Les Peuples, in a joint statement with Interfaith International, Human Rights Watch and China Society for Human Rights Studies also spoke.
Over the next few days, the Council will review and take action on the outcomes of all 16 States considered during the fourth session of the Universal Periodic Review Working Group.
The Council will meet next this afternoon at 2 p.m., when it will continue its review of the outcome of the Universal Periodic Review of Azerbaijan, followed by the consideration of the outcomes of the Universal Periodic Review process on Mexico, Mauritius and Jordan.
Consideration of Outcome of Universal Periodic Review on Senegal
MADICKE NIANG, Minster of Justice of Senegal, said Senegal had participated in a positive spirit in the Universal Periodic Review in February, and had adopted 30 recommendations formulated during the interactive debate. The same openness and transparency characterised Senegal's response to the 10 remaining recommendations. Several delegations recommended the decriminalization of homosexuality. In that regard, it was a clear fact that the act of being homosexual was not a crime in Senegal, and there was no legislative or regulatory prescription criminalizing homosexuality. However, there was a disposition in the Penal Code that criminalized indecent or unnatural acts on a person of the same sex. In its overwhelming majority, Senegalese society was hostile to homosexuality as it was practised in other countries, and ignoring that would stimulate the appearance of extremist attitudes. That was why the authorities intended to continue to deal with the issue in a calm and moderate manner. The recommendation on the separation of powers was fully taken into account in Senegal before it was formulated, as Senegal was a State of law.
Fundamental freedoms were guaranteed by the Senegalese Constitution. Whether it be freedom of expression or freedom to demonstrate, those were currently assured. The recommendation on that issue was a further motive to pursue efforts aiming to constantly improve the level of enjoyment and protection of fundamental rights. With regard to discrimination against women and their access to education and health, the recommendation on that was in line with the chosen policy of Senegal in that field, and the Government had adopted important legislative and regulatory measures aiming to fight more efficiently against discrimination from which women suffered. A national strategy for equality and gender equity was running for the period 2005 to 2015, and many other initiatives had been taken to continuously improve the situation of women, including the implementation of programmes to increase schooling for girls, and the promotion of women in leadership positions. With regard to the permanent invitation to the Council’s Special Procedures mandate holders, Senegal was prepared to continue to answer favourably all requests for a visit that were formally sent to it, and to continue to collaborate fully with the different mandate holders.
OBAID SALEM SAEED AL ZAABI (United Arab Emirates) said that the United Arab Emirates appreciated the work done by Senegal to achieve the Millennium Development Goals. It commended Senegal on the measures taken in the sector of poverty and education. Senegal was a symbol of coexistence and tolerance which needed to be protected. It played a pivotal role in the inter-religious dialogue between States. The United Arab Emirates recommended adopting the outcome of the Universal Periodic Review.
MANSOOR ABDULLA AL-SULAITIN (Qatar) thanked the Senegalese delegation for the additional information presented with respect to the Universal Periodic Review process. Qatar applauded the spirit of understanding and openness Senegal practiced during the process and in particular with respect to the acceptance of 30 recommendations. Qatar valued the efforts taken by Senegal in the field of the promotion and protection of human rights and the implementation of the International Covenant on Civil and Political Rights. In particular, Qatar welcomed measures taken to ensure the right to education, health and housing. Qatar also applauded the peaceful coexistence of Muslims and Christians in the country, and the efforts taken to build tolerance amongst civilizations.
SELMA MALIKA HENDEL (Algeria) said the quality of the information presented during the Universal Periodic Review showed the seriousness with which the Senegalese authorities took that process. The follow-up given to almost all recommendations received was the perfect illustration of that. Algeria was particularly pleased by Senegal's acceptance of the recommendations issuing from Algeria, including the promotion of the universalization of the International Convention on the Rights of All Migrant Workers, the continuance of efforts to guarantee the right to food for the population and the possibility of asking for technical assistance in this field, and the continuance of efforts to promote dialogue, peace and tolerance between religions, civilizations and cultures. Algeria welcomed the efforts made by the Government for the protection and promotion of human rights in Senegal. The international community should help Senegal to implement the recommendations.
MUHAMMAD SAEED SARWAR (Pakistan) said that the detailed comments of Senegal reflected the importance it attached to the Universal Periodic Review. Senegal had a constructive attitude in dealing with the subject of the promotion and protection of human rights. Today, Pakistan was encouraged by announcements made by Senegal that it would continue to build on its achievements, especially in the fields of the rights of migrants, judicial reform and violence against women. The fulfilment of those recommendations would lead to the effective enjoyment of human rights in Senegal.
AMMAR EBRAHIM RAJAB (Bahrain) welcomed all the positive measures taken by Senegal to implement certain recommendations expressed during the Universal Periodic Review. During the process of the Universal Periodic Review, Senegal’s efforts for the promotion and protection human rights had been seen not only at the national level, but also towards regional and international mechanisms. Bahrain welcomed in particular efforts taken to provide primary education in rural areas, and to provide study grants for students in public and private schools. In that context, Bahrain recommended that the Human Rights Council adopt the report on Senegal.
HEBA MOSTAFA RIZK (Egypt) said Senegal had been able to achieve significant progress in the area of the protection and promotion of human rights, despite all obstacles, including through efforts to establish a strong human rights national infrastructure. Senegal also paid special attention to the issue of migrants, especially in the area of prevention of smuggling of migrants; that was in addition to advances achieved on the path of economic, social and cultural rights, with a special focus on the eradication of poverty. It was now incumbent on the international community to extend the assistance needed to the Senegalese Government to enable it to face the challenges hindering the implementation of national strategies and plans aimed at achieving the Millennium Development Goals and overcoming the current global crises within the context of Senegal's national priorities.
ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said that Senegal’s response to the needs of its country and also the fact that Senegal had accepted most of recommendations put forward by the Working Group attested to the fact that Senegal was willing to work together with the Universal Periodic Review mechanism. It had proven that it wished to ensure the enjoyment of human rights for its people. Saudi Arabia commended Senegal for its will to continue with its programme for the protection and promotion of human rights.
MOHAMED ACHGALOU (Morocco) congratulated Senegal for undertaking this process in a balanced and cooperative way. Senegal had responded positively to most of the recommendations, including those proposed by Morocco, and promised to take the same approach with respect to other recommendations. The serious and transparent approach taken by Senegal showed the commitment the Government attached to the Universal Periodic Review process. The institutional structures, inter alia, the Office of the High Commissioner for Human Rights, the Human Rights Committee and the mediator, also bore testimony to the political will and respect the Senegalese authorities attached to human rights and fundamental liberties. Morocco supported the efforts of the Senegalese Government in consolidating the principles of the rule of law and the promotion and protection of human rights.
MARK CASSAYRE (United States) appreciated the comprehensive approach of Senegal in preparing its national report, and its willingness to consider and implement a number of the recommendations made during the Working Group’s interactive dialogue. The United States appreciated Senegal's commitment to further strengthen its efforts to eliminate economic exploitation of children, including by implementing more effective measures to provide access to education and to enforce laws against child labour and child trafficking. Senegal should free all persons imprisoned because of their sexual orientation. Senegal should reform its national legislation related to the independence of the media and ensure full respect for freedom of expression in accordance with international standards. Senegal should also fulfil the African Union mandate to bring former Chadian dictator Hissène Habré to justice through trial in Senegal, and should more effectively enforce law 99-05, prohibiting female genital mutilation and undertake an awareness-raising campaign about that practice.
MICHEAL TIERNEY (Ireland) thanked Senegal for the comments made during the presentation of the outcome. Ireland had noted with satisfaction that Senegal had accepted Ireland’s recommendations concerning the need to adopt a law on female genital mutilation. Ireland recommended the adoption of the outcome of the Universal Periodic Review on Senegal.
ALIOUNE NDIAYE, of Senegalese Human Rights Committee, said that the Universal Periodic Review process of Senegal had been carried out in a spirit of dialogue and had been completed with great satisfaction. The international community was aware of the efforts taken by the Senegalese Government to promote and protect human rights. The open and sincere dialogue initiated between the Senegalese Government, national institutions and civil society, which showed the maturity and responsibility of all for the recognition and enjoyment of human rights for all, was commended. The fact that Senegal took into account all recommendations was welcomed.
ROWLAND JIDE MACAULAY, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), said last year the arrest and jailing of gay men in Senegal was a result of State abuse, and the Government should free them. Many gays feared for their lives and had gone into hiding, with serious effects on HIV/AIDS programmes, and represented a threat to public health. There had been an increase in homophobia. The current penal code continued to threaten the existence of sexual minorities, in contravention to the rights set out in the International Covenant on Civil and Political Rights, to which Senegal was a party. The United Nations Working Group on Arbitrary Detention also found that arrests for consensual homosexual contact were a violation of human rights. Senegal should take further action to repeal the Criminal Code provision and review other national legislation that punished individuals owing to their sexual identity, and should promote tolerance nationally.
MICHELINE MAKOU DJOUMA, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (Ocaproce International), said that Senegal had pursued efforts to promote the human rights of women. As had been stressed by the Working Group in its final report, Senegal had undertaken many efforts to promote and protect human rights. The organization welcomed all efforts and encouraged Senegal to implement the recommendations taken onboard. The Government was also congratulated on its constructive participation in the Universal Periodic Review process.
IBRAHIMA GUISSE, of Rencontre africaine pour la défense des droits de l'homme, said that the re-election of Senegal to the Human Rights Council showed the mission played by Senegal in the field of human rights. The political authorities were thanked for accepting many of the Working Group’s recommendations. However, on the independence of the judiciary, though enshrined in the Senegalese Constitution, the High Council and its membership reduced its autonomy, and with respect to cases that had political content it became necessary and important to make the magistracy independent.
BELL HILAIRE, of Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine (CRED), said Senegal was a country of great freedoms in Africa, and the President was a great African, renowned for his attachment to human rights and to the development of Africa. The first President of Cameroon was buried in Senegal, and there was an issue with regard to the return of his remains to Cameroon. The dead also had rights. Senegal should clarify the issue.
MALUZA WASILUADIO MAVULA, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, welcomed the firm dedication of Senegal to human rights. Also welcome was the strengthening of judicial instruments in Senegal to better respond to the challenges of the world today. That was the case to better protect women, children, migrant workers and the disabled against any form of discrimination. Recent initiatives taken to strengthen the independence of the judiciary showed that Senegal was moving to take action on human rights. On several occasions, efforts had been made to fight impunity on a national and regional level. It was recommended that the report on Senegal be adopted in view of the various efforts made in the field of human rights.
MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), congratulated Senegal for the efforts made to promote the ratification of conventions on human rights and vulnerable persons. In particular, measures taken on the rights of migrants, to prevent arbitrary detention and trafficking in human beings, and to ensure the independence of judges and the implementation of the Covenant on Civil and Political rights showed that Senegal wished to promote human rights and freedoms. Senegal also illustrated its commitment to human rights by aiming to achieve the Millennium Development Goals, with the adoption of measures to provide universal health care and the abolition of female genital mutilation, among other things. Senegal had to be supported in its work to establish the rule of law and maintain human rights in the country.
AWA N'DIAYE, of Espace Afrique International, said the Government of Senegal had made excellent efforts with regard to education, especially education of girls. Education was one of the development activities that generated the highest return on investment, and the Government was investing 40 per cent of its yearly budget in that area, with the participation of all citizens in development activities. Good, accessible education would be made available to all, including the most disadvantaged groups. Health care and education for the youngest, as well as balanced food for them, was taken care of, and there had been many primary and secondary schools established in the country, as well as centres allowing for distance learning. Tele-Health allowed Senegal to combat maternal and child mortality. Senegal was promoting health and education for all.
MADICKE NIANG, Minster of Justice of Senegal, said that the same spirit of openness noted by many had enabled Senegal to meet with civil society before coming here today. Together, they had drafted their responses and the presentation of the report. Senegal was firmly committed to fight impunity and it also wanted to ratify the Rome Statue. For the dignity of Africa, Senegal was also committed to start the trial of Hissène Habré. There were some budgetary concerns, but as soon as they would be resolved the trial on alleged human rights violations of the Chadian Ex-President could start.
Senegal was committed to respect freedom of expression and no journalist was being detained in the country. It was observed that all forms of freedom had limits, necessary to respect other freedoms. Senegal was thus advancing with strength to the consolidation of a strong rule of law. Regarding female genital mutilation, Senegal had convicted persons involved in those activities. Its measures did not stop at the judiciary; Senegal had also started awareness-raising campaigns and that was all work under way. Mr. Niang wished to stress that homosexuality was not a crime in Senegal, even though public opinion was against it. Senegal had understood that it needed to invest in its human capital and had to provide free education. Senegal had a policy of voluntarism and anyone who wanted to fight for women’s rights could do so. A Committee against violence against women had been established as well.
The Council then adopted the outcome of the Universal Periodic Review on Senegal.
Consideration of Outcome of Universal Periodic Review on China
LI BAODONG, Permanent Representative of China to the United Nations Office at Geneva, said that the Chinese Government had given a comprehensive account of the course of human rights in China during the Universal Periodic Review process. China had conducted an open and frank dialogue with many countries, and thanked all countries for their active participation in that regard. China regarded the Universal Periodic Review as an opportunity to listen to other countries and to further promote and protect the human rights of its people. All recommendations had been examined, and China had accepted all recommendations that were compatible with Chinese society. China solicited views from non-governmental organizations and academia during the course of implementing the recommendations received. On 13 April 2009 China had issued the first national human rights action plan for the period 2008-2010. The plan comprehensively covered civil, political, economic, cultural and social rights and included the various recommendations made by countries during the Universal Periodic Review process.
Specifically on the recommendation made to create conditions for the early ratification of the Covenant on Civil and Political rights, the Chinese national plan contained measures to bring national provisions and domestic law in line with those of the Covenant in order to ratify it. Regarding the reform of the judicial system, measures had been adopted in March 2009, when the Supreme Court had issued a reform document outlining 30 specific reforms, including the posting of information on the Internet. With regard to the recommendation made on increased input from the Government in the face of the financial crisis to ensure Chinese people’s livelihood, Mr. Li noted that a stimulus package worth 4 billion renminbi (RNB) had been allocated to finance projects in that regard, with special attention paid to people living in rural areas. China also guaranteed access to clean drinking water for 14.6 million people living in rural areas, which was an increase of 200 per cent of beneficiaries. In April 2009, the Chinese Government had issued an in-depth reform measure on medical care, which stipulated medical insurance would be provided for the whole population by the year 2020. On the recommendation that the law in China should include a definition of discrimination, China had ratified a large number of international conventions which prohibited any acts of discrimination. Concerning the recommendation to reduce the number of crimes punishable by the death penalty, that penalty was only applied with strict controls. In practice, a number of crimes punishable under the penal law by the death penalty had not been applied. No country had a perfect human rights record, it was observed. With 1.3 billion people, China was a developing country undergoing constant reforms. China would continue to fulfil its commitments, while learning useful practices from other countries in protecting and promoting the human rights cause.
OBAID SALEM SAEED AL ZAABI (United Arab Emirates) commended the efforts made by China to promote human rights, and appreciated the countryý's efforts under the Universal Periodic Review process, as well as to install the necessary reforms of institutions so as to back up their developmental renaissance. There had been positive effects on the lives of citizens, and improvements of the rule of law, with efforts to guarantee the independence of the judiciary. That was a difficult endeavour in such a multifaceted and multicultural country. The cooperation shown by China with human rights bodies and the Office of the High Commissioner for Human Rights were welcome. The Council should take all China's achievements into account.
JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) appreciated that China had accepted the vast majority of the recommendations put to it during the interactive debate of the Working Group. The recommendations were related to all human rights. Cuba believed that the implementation of those recommendations would help human rights defenders in China who were genuinely committed to the promotion and protection of human rights. The Chinese people would benefit from the results of those efforts. At the same time, Cuba regretted that some recommendations had been put forward that were politically motivated. The Chinese delegation had every right to reject those recommendations. Many things had changed in China in the course of history; it was one of the People’s Republic’s extraordinary achievements to put the Chinese people on the way to national unity and to development making China the great country that it was today. China should keep up its efforts.
SELMA MALIKA HENDEL (Algeria) thanked China for the measures it had taken or planned to take with regard to the implementation of the recommendations received. Algeria commended the transparency and open-mindedness of China in that regard. Algeria welcomed the national action plan 2009-2010. There was no better time than the occasion of adopting the Universal Periodic Review to congratulate the country in accepting the recommendations.
FAISAL ABDULLA AL-HENZAB (Qatar) appreciated China's acceptance of the majority of the recommendations, as well as its implementation of measures to enact them, such as rules and laws, including a series of laws on related human rights, measures against child labour, and to improve equality of education in rural and urban areas, and the promotion of the guarantees of ethnic minority rights, whether those were civil and political rights or economic, social and cultural rights. The measures taken reflected a positive effort by China, and its care to implement the results of the Universal Periodic Review, as well as its political will to uphold the basic human rights and fundamental freedoms of its people. The United Nations specialized agencies should provide more care and assistance to China. For its part, China should share its experience and best practice with other developing countries, particularly with regard to right to development.
ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) saluted China’s influential role in the Human Rights Council. Its clear and explicit replies showed the enormous interest China took in human rights. China’s experience in the development of human rights mechanisms was considered a pioneer in the sphere. China had clearly expressed its determination to implement a human rights plan of action while trying to strike a balance between rural and urban areas. Saudi Arabia wished China all success in the implementation of the recommendations.
BADRIDDIN OBIDOV (Uzbekistan) expressed gratitude to China for the information presented, along with the detailed comments made. Uzbekistan welcomed the constructive approach displayed by China during the Universal Periodic Review process, and commended China’s efforts in the field of economic, social, civil, political and cultural rights. Uzbekistan was convinced that the Chinese Government’s devotion to international obligations in the area of human rights would continue. Uzbekistan wished the People’s Republic of China success in living up to the obligations China had accepted to promote and defend human rights in the country.
MARGHOOB SALEEM BUTT (Pakistan) observed that the Chinese delegation had been constructively engaged with the Universal Periodic Review process. Despite being the most populous country in the world, China's achievements in realizing many of the Millennium Development Goals ahead of time were best practices that needed to be replicated by other States. As a responsible global power, China had always looked after the rights and interests of the developing world, acknowledgement of which had been reflected in statements made during the review by almost all developing countries. China had accepted a range of recommendations in the fields of civil, political, economic, social and cultural rights. Establishment of an inter-agency working group to systematically analyse and implement those recommendations reflected the seriousness it attached to the subject of human rights. China had promulgated its first national human rights action plan, setting forth important goals in many relevant fields. Pakistan wished China well in its endeavours to protect and promote the rights of its citizenry in the most comprehensive manner.
DAYAN JAYATILLEKA (Sri Lanka) welcomed the constant role of China in striving for harmony and fair play in the Human Rights Council. China was a role model in the areas of the elimination of slavery, including in Tibet; the emancipation of women; and in exemplary conduct regarding prisoners of war. Sri Lanka was pleased that China had accepted the vast majority of the recommendations put to it. It was also pleased that China had rejected those recommendations that could contribute to ethnic splitting. Sri Lanka was also concerned about ethnic equality and thought that it could learn from China. Sri Lanka strongly recommended the adoption of the report.
VALERY LOSHCHININ (Russian Federation) observed that China had made an enormous contribution to politics, peace and security in the world. The national report of China, presented in February, set out impressive achievements brought about in the country in the area of human rights. Even at the first stage of the review, the Chinese delegation had expressed a willingness to implement recommendations, and in particular with respect to the field of social, economic and cultural rights. The Russian Federation noted that the Chinese economy played a vital role in the efforts played by the international community in trying to find a way out of the current economic and financial crisis, and wished China all the success in fulfilling its obligations.
ABDULLA ABDULLATIF ABDULLA (Bahrain) congratulated China for accepting so many of the recommendations put forward during the Working Group meeting in February. The launching of the first national plan for human rights was welcome. In accordance with the Vienna Plan of Action, that had been a result of a democratic process that had covered the legislative and administrative bodies, civil society and non-governmental organizations, and covered economic, social and cultural rights and civil and political rights. The measures in the plan, particularly protections for women, children, the elderly and the disabled were welcome, as was the fact that it had included the recommendations. The Plan would give a new impetus to human rights, and create a new environment for the implementation of the International Covenant on Civil and Political Rights.
YANI CRUZ GUTSENS, of Women’s International Democratic Federation, wanted to stress the achievements of China in the fight against poverty and in guaranteeing human rights. China guaranteed the right to life and food, as well as economic, social and cultural rights. All rights of women, boys and girls and the disabled were guaranteed and access was provided to employment, health and education. In the fight against poverty, priority was given to those sectors of the population. Despite all the challenges that China had faced and was facing now, China was continuing to fight for the enjoyment of human rights.
ZHANG YUNFEI, of the United Nations Association of China, said the Universal Periodic Review was a positive mechanism, which heeded the opinions of all stakeholders to ensure that the report for the State under review was as balanced as possible. During the process of preparing China’s national report, broad consultations had been held with many non-governmental organizations. Subsequently, measures had been adopted in the past few months. On 13 April 2009, China had published the first-ever national human rights action plan for 2009-2010. The plan clearly defined the Chinese Government’s goals in promoting and protecting human rights, setting out a time frame, and the specific measures it was taking to that end.
CAROLINA AMADOR PEREZ, of the Federation of Cuban Women, said China had a population of more than 1.3 billion inhabitants, and the Government had made a considerable effort to ensure human rights for all. The women of China had been given equality of rights in the political, economic and cultural spheres and in family life, and laws guaranteed their legal situation and social position, honour and personal dignity. The Government had made efforts to eliminate all forms of discrimination against women through legal and administrative means, and was protecting their special interests. The Government had made promotion of gender equality a national policy to promote development in the country, and had a national programme for women which included indicators. The level of school attendance of Chinese girls was over 99 per cent, and women were more than 20 per cent of the representatives in Congress, and held 45 per cent of the jobs. That was an exceptional achievement in a country that was also building socialism.
PETER SPLINTER, of Amnesty International, said that if the Universal Periodic Review was to lead to improved respect for human rights, Governments had to frankly address their own human rights records and be responsive to other States’ recommendations. By rejecting a large number of recommendations covering a broad range of human rights, the Chinese authorities had effectively undermined the value of the Universal Periodic Review for China. The success of the Universal Periodic Review also depended on a frank discussion within each State review, including civil society. Civil society should not be an accomplice in Government efforts to present a sanitized picture of their national human rights situation. China’s manipulation of civil society’s contributions to the process had seriously undermined the Universal Periodic Review and the credibility of the outcome for China.
ZHU FAGEN, of China NGO Network for International Exchanges, said that the national report of China stressed not only the protection of citizens’ economic, social, cultural rights and right to development, but also the protection and promotion of civil and political rights. In particular, it did not circumvent human rights problems that had emerged during the deepening reforms of the social and economic transition. There were still some shortfalls in China’s human rights development, such as the imperfect social security system, insufficient protection of the rights of special groups, and loose law enforcement.
LIAN JIAN, of China Association for Preservation and Development of Tibetan Culture, appreciated that the Working Group had raised the issue of national minorities. As the most populous developing country, China had to give priority to the improvement of people's livelihood. With regard to Tibet, 80 per cent of the population had maintained an annual income growth rate of 13 per cent, but was still lagging behind other areas. The Government should give further emphasis to the lives of rural people in Tibet so that they could catch up with the rest of the country. In expanding domestic demand, the Government should focus on vocational training of national minorities. The Government should do a better job in legislative work so as to maintain and protect the rights and interests of the Tibetan people.
CHENG NINGNING, of China Care and Compassion Society, said that the Universal Periodic Review objectively and comprehensively reflected the human rights discourse in China. The Society had submitted many critical views to the Government which had published them on the Internet and solicited more comments from other organizations. The China Care and Compassion Society also welcomed the promulgation of the national plan of action for children. It called on the Government to pay particular attention to migrant children and children left behind by their parents in rural areas because their parents had gone to work in the cities.
DEKYI DOLKAR, of the Helsinki Foundation for Human Rights, remained concerned by the State-managed infiltration of Government-operated non-governmental organizations in the Universal Periodic Review exercise and was alarmed by the politicization of the Universal Periodic Review mechanism. In particular, the Helsinki Foundation for Human Rights was deeply concerned by the rejection of 50 recommendations by China, including almost all those that sought to improve the human rights situation of the Tibetan people.
TENZIN KAYTA, of Society for Threatened Peoples, in a joint statement with Reporters without Borders - International, said 1 of the 50 recommendations that had been rejected by China concerned the granting access to Tibetan areas for the Office of the High Commissioner for Human Rights and other United Nations bodies, as well as diplomats and the international media. That position of the authorities contradicted the pledges and commitments it had made to the Human Rights Council to conduct constructive dialogues with treaty bodies, and to cooperate with human rights Special Procedures. Given the persistent patterns of gross and systematic violations of human rights suffered by the Tibetan people, full access should be given to the outside world to ascertain ground realities on the Tibetan plateau, including for diplomats, Parliamentarians, non-governmental organizations and the media, without restrictions, selectivity and politicization.
GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, in a joint statement with Interfaith International and Asian Indigenous and Tribal Peoples Network, said that it was naturally with deep concern that the organization followed the first Universal Periodic Review of China. It acknowledged the improvements in terms of economic and social rights, but it could not ignore, on the twentieth Anniversary of the Tiananmen manifestation, the poor implementation of cultural, as well as civil and political rights. During the Universal Periodic Review of China, New Zealand had called for the resumption of dialogue between the Chinese Government and the representative of His Holiness the Dalai Lama. The organization strongly regretted that the Chinese Government had decided not to accept that very important recommendation to help resolve the long-standing Sino-Tibetan conflict. Resumption of dialogue between the two sides would be welcomed by the international community, since such contacts and eventual negotiation could result in a sustainable solution that satisfied both parties.
JULIE DE RIVERO, of Human Rights Watch, said China had rejected, without a single exception, every recommendation made during the process that pertained to freedom of expression and freedom of association, independence of the judiciary, guarantees for the legal profession, protection of human rights defenders, the rights of ethnic minorities, reduction of the death penalty, abolition of re-education through labour, prohibition of torture, media freedom and effective remedies for discrimination. Could that be considered “upholding the highest standards in the promotion and protection of human rights” or “full cooperation with the Council?” Was that what was expected of a member in good standing of the Council?
REN DANHONG, of China Society for Human Rights Studies, welcomed the open and constructive spirit of the Chinese Government to the Universal Periodic Review recommendations, especially the wide consultation with Chinese civil society organizations for their implementation. Most recommendations from the report on the livelihood of migrant workers had successfully attracted the attention of the Government, including by formulating concrete action plans to secure employment and especially to strengthen the protection of their rights and interests, guaranteeing them equal treatment in terms of social security, payment and skills training. The Chinese Government should continue to keep good cooperation with the Office of the High Commissioner for Human Rights and consider concrete technical cooperation projects in the future with which Chinese civil society could be actively involved.
LI BAODONG, Permanent Representative of China to the United Nations Office at Geneva, thanked all countries for their support. China would study the new comments made by countries during this discussion. China welcomed well-intentioned criticism but rejected any fabrication of lies by non-governmental organizations. Fifty years ago, China had freed the Tibetan people from dark feudal theocracy. Today, Tibetans enjoyed human rights. The Central Government of China was sincere and honest in talking with the representatives of the Dalai Lama. It was the Dalai Lama who refused to step back from the splitting of China. In the Universal Periodic Review, China had accepted recommendations from developed and developing countries, regarding economic, social and political human rights. China had only rejected the recommendations that were politicized. Some recommendations were beyond China’s possibilities to be met or were not clear in writing. Protection of human rights was enshrined in the Chinese Constitution. In four years’ time, when China would again come before the Council to be examined for the Universal Periodic Review, China’s human rights record would be a scoreboard for inspiring progress in human rights.
The Council then adopted the Universal Periodic Review outcome on China.
[The summary of the introductory statement by Azerbaijan on the outcome of its Universal Periodic Review will be published in this afternoon’s meeting summary.]
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For use of the information media; not an official record
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