HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW PROCESS ON LIECHTENSTEIN, SERBIA, TURKMENISTAN AND BURKINA FASO

Human Rights Council
AFTERNOON

19 March 2009


The Human Rights Council this afternoon adopted the outcome of the Universal Periodic Review process on the reports on Liechtenstein, Serbia, Turkmenistan and Burkina Faso.

Norbert Frick, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said Liechtenstein had a continued commitment to pay particular attention to the promotion of women's participation at all levels and in all areas of public life, and had made that commitment also as a reaction to the recommendations submitted during the session of the Working Group with regard to women's rights. Liechtenstein could accept all of the recommendations in the Universal Periodic Review report in that area, partly by converting them into voluntary commitments. Of those, 32 recommendations could be accepted, and only eight could not be supported. The Government also continued to follow up on its commitment in respect of international cooperation despite the financial and economic crisis.

During the discussion on Liechtenstein, speakers urged Liechtenstein to amend the new Foreign National Act to avoid the creation of additional groups of non-citizens and to ensure that non-citizens were not discriminated against, especially with regard to their right to family reunification. A speaker said that Liechtenstein set a benchmark in how States should deal with recommendations: firstly through the acceptance of so many recommendations; secondly, by the voluntary commitments made; and thirdly, and most importantly, by the extent of detail provided for the recommendations that had not been supported, which was important for an exercise of dialogue, rather than flat out rejecting them.

Speaking in the discussion on Liechtenstein was Germany as well as representatives of the non-governmental organizations Amnesty International and Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine.

Marko Karadzic, State Secretary in the Ministry for Human and Minority Rights of the Republic of Serbia, said Serbia had already begun, in the short period from the interactive dialogue till the adoption of the final report, to fulfil certain obligations. Namely, preparations for ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol were well under way. Further, Serbia had elaborated a draft law on prohibiting discrimination and a national strategy for the improvement of the status of women and gender equality had been adopted. The recommendation regarding the adoption of a separate anti-discrimination law had been accepted, as had recommendations for the advancement of the position of persons with disabilities. Other recommendations accepted included to take necessary measures to ensure that allegations of human rights violations were systematically subjected to inquiries and punished, including by developing an effective mechanism to help combat impunity and by strengthening the judiciary; and that Serbia ensure investigations of cases of violence against journalists and create a climate in which journalists would be able to freely report on sensitive issues.

During the discussion on Serbia, speakers wished to highlight the commitment and efforts of Serbia in protecting and promoting human rights, with the prohibition of any form of discrimination, and its efforts to promote tolerance between the various national and ethnic groups. Serbia had adopted almost all of the recommendations made during the review, and its intention to ensure their full and effective implementation was welcomed. The measures also taken by the Government of Serbia to implement those were also appreciated. The human rights situation in Serbia was a subject that was given priority by the Government.

Speaking in the discussion on Serbia were Cuba, the Russian Federation, Algeria, Ukraine, and the United States. Representatives of the following non-governmental organizations also took the floor: Federatie Van Netherlandse Verenigingen Tot Integratie Van Homoseksualiteit CoC Nederlands; Interfaith International; Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine; and Amnesty International.

Shirin Ahmedova, Director of the Institute for Human Rights and Democracy under the President of Turkmenistan, providing complementary information on the report, said that, during 2008, the Government had reviewed its activities with respect to human rights. Of the initiatives addressed in that review were the need to monitor national human rights legislation, to implement international standards, and to undergo an institutional transformation. The Government had also looked at reforming its policies on prison conditions and on the activities regulating the media; and reform measures were expected to be implemented in line with United Nations standards as well. Regarding access by the International Committee of the Red Cross to prisoners, the Government had stepped up cooperation with organizations both locally and abroad. With regard to the recommendation to set up a national human rights institution, the Government planned to undertake studies on a national ombudsman, a review of citizens’ complaints, and monitoring systems for complaints and would continue to carry out consultations with the High Commissioner for Human Rights in that regard.

During the discussion on Turkmenistan, speakers welcomed the inauguration of a new era of democratic rule in Turkmenistan. The Government had carried out extensive work, and taken effective measures to protect and promote human rights in the country. Last year had been very successful for Turkmenistan. The measures taken by the Government to ensure that knowledge of international law had been disseminated among judges and lawyers were appreciated. However, a speaker, acknowledging “limited” constitutional progress in permitting political participation, said reforms still needed to be implemented, as Turkmenistan remained politically monolithic.

Speaking in the discussion on Turkmenistan were the Russian Federation, Algeria, the United States, Azerbaijan and Pakistan, as well as representatives of the following non-governmental organizations: Action Canada for Population and Development; Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine; Human Rights Watch; Amnesty International; and Conscience and Peace Tax International.

Salamata Sawadogo, Minister for the Promotion of Human Rights of Burkina Faso, providing additional information on the report, said, with respect to adopting legislation to bring its national human rights institution in line with the Paris Principles, there was currently a draft law being reviewed in that regard. The Government was currently in the process of ratifying the second Optional Protocol to the International Convention of Civil and Political Rights on the abolition of the death penalty. Regarding legislative measures to combat violence against women and girls were concerned, the Government was committed to stepping up the existing measures and to strengthening existing mechanisms to remove impediments to women’s development. On the question of polygamy, that that was only one option in the country, but monogamy was still the rule. Polygamy was part of the secular culture of the country. In order to ban it, they would first need to carry out awareness-raising; otherwise it would simply push people into a position of illegality.

During the discussion on Burkina Faso, speakers commended the laudable achievements made by Burkina Faso in the protection and promotion of human rights particularly in the areas of primary education of the girl child and the fight against female genital mutilation. The international community should assist the country in its efforts at fulfilling its human rights obligations, as well as provide the necessary support in the tremendous amount of reform it had to do to ensure the rule of law and democracy. Civil society stakeholders should be involved in activities to fight female genital mutilation as well as HIV/AIDS.

Speaking in the discussion on Burkina Faso were Algeria, the United States, Senegal, Nigeria, Cameroon, Brazil, Côte d'Ivoire and Djibouti. Representatives of the following non-governmental organizations also took the floor: Action Canada for Population and Development; Franciscans International; International Federation of Human Rights Leagues; and Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine.

The next meeting of the Council will be on Friday, 20 March at 10 a.m., when it will resume its consideration of the outcome of Israel, which it began this morning, after which it will take up the Universal Periodic Review outcomes on the reports on Cape Verde, Colombia, and Uzbekistan.

Consideration of Outcome of Universal Periodic Review for Report on Liechtenstein

NORBERT FRICK, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said there had been developments over the three months since the adoption of the report on Liechtenstein by the Working Group. Already in December, Parliament had approved the accession of Liechtenstein to the 1993 Hague Convention on Intercountry Adoption. On 1 February, the new Children and Youth Act had entered into force. Also in February, the Government had established an interdisciplinary Working Group with the specific mandate to examine any legislative and other measures required for the domestic implementation of the Convention on the Rights of Persons with Disabilities and its Optional Protocol. Here, Liechtenstein wished to announce its voluntary commitment that it would intensify its examination of the necessary implementation measures with a view to a possible accession to that Convention and its Protocol.

Liechtenstein had a continued commitment to pay particular attention to the promotion of women's participation at all levels and in all areas of public life, and had made that commitment also as a reaction to the recommendations submitted during the session of the Working Group with regard to women's rights. Liechtenstein could accept all of the recommendations in that area, partly by converting them into voluntary commitments. The only recommendation with relevance to the situation of women that Liechtenstein could not accept concerned the call for ex officio prosecution in respect of all acts of domestic violence.

In all, 32 recommendations could be accepted and only 8 could not be supported; that corresponded to a ratio between accepted and rejected recommendations of four to one. The Liechtenstein Government also continued to follow up on its commitment in respect of international cooperation despite the financial and economic crisis. Since last December, several decisions had been taken in that regard and financial support had been sent to the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the International Committee of the Red Cross and to the Internal Displacement Monitoring Centre, as well as to a basic health programme in Zimbabwe, and to the Common Humanitarian Action Plan for Sri Lanka.

MICHAEL KLEPSCH (Germany) expressed Germany’s gratitude to Liechtenstein for its outstanding and constructive approach to the recommendations. Liechtenstein had set a benchmark in how States should deal with recommendations; firstly, by the acceptance of so many recommendations; secondly, through the voluntary commitments it had made; and, thirdly and most importantly, owing to the extent of detail provided for the recommendations that were not supported, which was important for an exercise of dialogue, rather than flat out rejecting them. It had been a pleasure for the delegation of Germany to serve as part of the Troika for the review.

MARIANNE LILLIEBJERG, of Amnesty International, welcomed many of the recommendations made by States during the review, especially those to continue efforts aimed at eliminating all forms of discrimination, to draft a law establishing registered partnership for same-sex couples and to ensure the full implementation of the national plan against racism. Amnesty International welcomed Liechtenstein’s support for those recommendations. Several States had also recommended the establishment of an ombudsman or national human rights institution in accordance with the Paris Principles. Amnesty International regretted the rejection by Liechtenstein of those recommendations. Amnesty also urged Liechtenstein to amend the new Foreign National Act to avoid the creation of additional groups of non-citizens and to ensure that non-citizens were not discriminated against, especially with regard to their right to family reunification.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine (CRED), said Liechtenstein's Universal Periodic Review had been the opportunity for the international community to assess the achievements of Liechtenstein in human rights. Human rights were one of the priorities of the foreign policy of Liechtenstein. The Commission on Protection of Violence, which had been set up, was very welcome, and CRED wished to collaborate with that Commission in order to draw up a picture of that phenomenon in the country. The results of that study should be submitted to the Council. Very often in the Council, the question of violence was dealt with only partly, and exclusively in the context of violence against women, and without calling into question the deep causes for such violence. Violence was a social scourge, and should be dealt with as such.

NORBERT FRICK, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, in concluding remarks, thanked all those who intervened for their comments, which had been noted and would be reported back home. The dialogue with Liechtenstein did not end with today’s meeting, but was to be continued. The Government of Liechtenstein was committed to following up on the Universal Periodic Review and its outcomes. Liechtenstein had also decided to continue the dialogue on the national level and meetings with all stakeholders who had contributed to the report were planned at intervals. Liechtenstein thanked all the members of the Troika for their support and thanked all for the numerous questions raised during the Working Group.

Consideration of Outcome of Universal Periodic Review for Report on Serbia

MARKO KARADZIC, State Secretary in the Ministry of Human and Minority Rights of the Republic of Serbia, said that Serbia had already begun, in the short period from the interactive dialogue till the adoption of the final report, to fulfil certain obligations. Namely, preparations for ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol were well under way. Further, Serbia had elaborated a draft law on prohibiting discrimination and a national strategy for the improvement of the status of women and gender equality had been adopted. The recommendation regarding the adoption of a separate anti-discrimination law had been accepted as had recommendations for the advancement of the position of persons with disabilities. In 2006, Serbia adopted the national strategy for the advancement of the position of persons with disabilities.

Recommendations regarding Serbia’s commitment to human rights protection and raising public awareness regarding human rights had been accepted. In that connection, the Ministry of Human and Minority Rights had signed a Memorandum of Cooperation with non-governmental organizations by which both sides obliged themselves to ensure regular future exchange of information on activities connected with the preparation, adoption and implementation of laws and strategies in the area of respect for human rights and fundamental freedoms and in connection with the production of reports on the implementation of accepted international obligations. Serbia would continue to undertake all necessary measures to strengthen national mechanisms for the implementation of the views of contracting bodies in connection with individual petitions. The recommendation regarding the report on the implementation of the Convention in the Elimination of all Forms of Racial Discrimination had been accepted and the Ministry had already begun to prepare the initial report on the implementation of the Convention.

Recommendations regarding necessary measures in order to ensure that allegations of human rights violation were systematically subjected to inquiries and punished where appropriate had been accepted, Mr. Karadzic noted, including by the development of effective mechanism to help combat impunity and strengthening the judiciary. Furth, the recommendations to ensure investigations of cases of violence against journalists and for creating a climate in which journalist would be able to freely report on sensitive issues had also been accepted, as had the recommendation to undertake measures to improve socio-economic conditions for refugees and internally displaced persons.

RAFAEL GARCIA (Cuba) said the authorities of Serbia should be congratulated for the efforts made regarding the report, and the extensive and clear information given to the Working Group during the Review process. Cuba was absolutely satisfied with the replies provided to the questions asked. During the Review, firsthand knowledge had been gained of the challenges in the protection and promotion of human rights in Serbia, and how Serbia had lived up to its commitments, both nationally and internationally. Cuba wished to highlight the commitment and efforts of Serbia in protecting and promoting human rights, with the prohibition of any form of discrimination, and its efforts to promote tolerance between the various national and ethnic groups. The information on Serbia's efforts to achieve the Millennium Development Goals was also interesting. Serbia should continue with its efforts in the future.

SERGEY KOUDRAITEV (Russian Federation) welcomed the Universal Periodic Review of Serbia, a country that had close and friendly links with the Russian Federation. The detailed additional information with respect to the report of the Universal Periodic Review Working Group was welcomed. The human rights situation in Serbia was a subject that was given priority by the Government. The Russian Federation noted that Serbia used an open and constructive approach to dialogue during the Universal Periodic Review.

BOUALEM CHEBIHI (Algeria) said that the national report presented by Serbia under the Universal Periodic Review was very exhaustive and had shown the determination of Serbia to protect and promote human rights. Algeria encouraged Serbia to continue in that course. Algeria and Serbia were both committed to preserve stability in the world.

MYKOLA MAIMESKUL (Ukraine) commended Serbia for the efforts made in recent years in the protection and promotion of human rights and the progress achieved in that sphere. As a member of the Troika, Ukraine wished to express appreciation to Serbia for its openness in the process. Serbia had adopted almost all of the recommendations made during the review, and its intention to ensure their full and effective implementation was welcomed. The measures taken by the Government to implement those measures were also appreciated. Serbia would make further progress in the sphere of human rights.

MARK CASSAYRE (United States) appreciated that Serbia’s Constitution banned direct and indirect discrimination. The United States urged the Government to intensify its efforts to enforce that provision and hoped that Serbia’s establishment of a Protector of Citizens as an independent public authority would prove to be an important step in that direction. The United States had continuing concerns about the discrimination against minorities in education, employment, housing and health, and appreciated Serbia’s commitment to continue current positive steps to promote equality and non-discrimination.

Corruption remained a serious problem in Serbia. In that regard, the United State recognized that the Serbian Government’s efforts to bring to justice several judges and prosecutors charged with corruption. The United States noted that Kosovo was now independent and that Serbia did not exercise any governing authority over Kosovo. In future reviews, Serbia should focus its Universal Periodic Review report on its domestic situation, and not purport to evaluate human rights in the Republic of Kosovo.

DIANA MILADINOVIC, of Federatie Van Netherlandse Verenigingen Tot Integratie Van Homoseksualiteit CoC Nederlands, said that according to the Serbian Constitution, every person had the right to equal legal protection and non-discrimination, but sexual orientation was not explicitly mentioned. Serbia still did not have an anti-discrimination law. As referred to by a number of Human Rights Council members, the anti-discrimination law and the gender equality law had been drafted and were currently awaiting adoption. The Federation recommended that Serbia adopted those draft laws.

KLIMENT KELMENDI, of Interfaith International, said Kosovo retirees were in a precarious situation. Kosovo was the poorest region of Europe. The Committee on Economic, Social and Cultural Rights considered that 45 per cent of Kosovars lived in poverty, and 15 per cent in extreme poverty. Since the end of the year, some 60,000 Kosovar retirees had been deprived of their already meagre pensions. Since 2000, many administrative steps had been taken, and large-scale demonstrations had been held. So far, the United Nations Interim Administration Mission in Kosovo had only made promises, and nothing had been done. Serbian retirees living in Kosovo received their pensions regularly. The international community and the Human Rights Council should set up a Commission to take measures in cooperation with the Government and the institutions responsible for the recovery of the funds.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine (CRED), listened carefully to the presentation of Serbia. Serbia was faced with a major challenge with its various national entities, which had different aspirations with respect to human rights. The current measures taken in Serbia were insufficient to guarantee national unity. The legislative measures presented to the Council were insufficient based on the composition of the national groups in the legislative and legal bodies.

MARIANNE LILLIEBJERG, of Amnesty International, noted that since the establishment of the Special War Crimes Chamber at Belgrade District Court, Serbia had made real progress in addressing impunity for the war crimes which had taken place during the wars in Bosnia and Herzegovina, Croatia and Kosovo. However, the number of trials completed remained low, and the current capacity and resources of the Court were inadequate. Amnesty International urged that additional resources be allocated to the Court and the Office of the War Crimes Prosecutors. Measures should be taken to strengthen authority, capacity and responsibility of the War Crimes Investigative Services, or it should be re-established as an independent agency or as a unit of the Prosecutor’s Office.

Marko Karadzic, State Secretary in the Ministry for Human and Minority Rights of the Republic of Serbia, in concluding remarks, said Serbia was committed to the Universal Periodic Review and was dedicated to the protection and promotion of human rights. Serbia would intensify its efforts for improving the status of human rights and fundamental freedoms in Serbian society. The comments and recommendations had been noted. Serbia wished to note that the intervention of the United States on the autonomous provinces was not in accordance with the basic documents and what the United Nations did. The Republic of Serbia, as a Sovereign State, was a member of the United Nations with all its territories, and therefore those territories were part of Serbia. This forum should not be used to discuss the status of the autonomous province of Kosovo, nor its unilateral declaration of independence.

Consideration of Outcome of Universal Periodic Review for Report on Turkmenistan

SHIRIN AHMEDOVA, Director of the Institute for Human Rights and Democracy under the President of Turkmenistan, providing complementary information on the report, expressed gratitude to the countries and organizations for their comments and questions under the Universal Periodic Review of Turkmenistan. The Government of Turkmenistan took those into account in legislative measures it had taken. Turkmenistan was committed to closely following up on human rights issues and reforming its system in that context. On 9 January 2009, when the first session of Parliament had been opened under the new Constitution of Turkmenistan, 17 per cent of the parliamentarians were women. Moreover, the President of Turkmenistan had given a speech on further democratic processes, reforming the legislative base, and the norms of international conventions to which Turkmenistan was a party. During 2008, the Government had reviewed its activities with respect to human rights. Of the initiatives addressed in that review were the need to monitor national human rights legislation, to implement international standards, and to undergo an institutional transformation.

On the prison system and juvenile detention centres, Ms. Ahmedova said the Government had looked at reforming its policies on prison conditions and on the activities regulating the media; and reform measures were expected to be implemented in line with United Nations standards as well. On the question of access by the International Committee of the Red Cross to prisoners, the Government had stepped up cooperation with organizations both locally and abroad. In 2008, with regard to various treaty bodies and the Office of the High Commissioner for Human Rights, the Government had transmitted their national reports on the International Covenant on Economic, Social and Cultural Rights. In carrying out the provisions of many international instruments, the Government had worked to ensure that the national legislation was in line with its commitments, in particular with regard to the International Labour Organization Convention on eliminating the worst forms of child labour. Following a seminar on a European Union programme, the Government had been conducting studies on the Rome Statue and planned to cooperate with the European Union task group to conduct visits to State structures in order to comply with the Rome Statue. On the Optional Protocol on Convention against Torture, the Government’s national report on that would be submitted in December 2009. In addition, the Government would be holding several round table discussions and seminars with relevant stakeholders in that context.

With respect to the ratification of the Optional Protocol to the Convention for the Elimination of Discrimination against Women, Ms. Ahmedova said that the Government had transmitted the relevant information to Parliament on the 21 January 2009 for that to take effect. Additionally at the initiative of the Government, there was a plan to extend studies on a national ombudsman, a review of citizens’ complaints, and monitoring systems for complaints. The Government would continue to carry out consultations with the High Commissioner for Human Rights in that regard. On questions of religious freedom, it was noted that the Special Rapporteur on freedom of religion or belief had visited the country in 2008. The recommendations made by the Special Rapporteur focused on the system of administrative regulations and legislation in that regard, which were currently being reviewed. On the Convention against Torture and other Degrading Treatment, law enforcement officials were responsible for monitoring that situation, and the Government had started to implement a joint project with the United Kingdom and a German association to review detention facility conditions to be carried out in 2009.

EVENY USTINOV (Russian Federation) thanked the Turkmen delegation for its openness. The Russian Federation welcomed that most recommendations had been accepted by Turkmenistan even during the session of the Working Group. That had been possible thanks to progress in the field of the human rights in Turkmenistan. The Government had carried out extensive work for which the Russian Federation commended it.

BOUALEM CHEBIHI (Algeria) observed that the Government of Turkmenistan had made efforts to promote human rights, inter alia, by the creation of the Inter-Ministerial Commission for the Follow-up of efforts in the field of human rights. The Government was congratulated for the progress made, particularly in education. Efforts should be continued in order to continue to improve the situation.

MARK CASSAYRE (United States) welcomed Turkmenistan's new Constitution, which provided that judges were no longer subject to the direct control of the President, that the judiciary should uphold civil and political rights and freedoms and that citizens had the right to petition. However, the judicial system, in practice, still lacked procedures to ensure fair trials. Turkmenistan should adopt the recommendation in the Working Group report that it conduct a review of all potentially political cases. It should also adopt recommendations to address restrictions on freedom of the media, assembly, association and religion. Although there had been limited constitutional progress in permitting political participation, reforms needed to be implemented, as Turkmenistan remained politically monolithic.

MAMMAD TALIBOV (Azerbaijan) said that, as the report of Turkmenistan showed, the new Turkmen Government took effective measure to promote and protect human rights in the country. Last year had been very successful for Turkmenistan. In 2008, Turkmenistan had adopted a new Constitution and held successful parliamentary elections which were, in Azerbaijan’s opinion, a clear testimony of Turkmenistan’s determination to ensure fundamental freedoms. Azerbaijan also noted with satisfaction the standing invitations offered to the different Special Rapporteurs.

MARGHOOB SALEEM BUTT (Pakistan) welcomed the inauguration of a new era of democratic rule in Turkmenistan. Pakistan commended the steps take by the Government of Turkmenistan to promote and protect human rights of all, including the adoption of a new Constitution which guaranteed fundamental freedoms. Pakistan hoped that further follow-up regarding legal and administrative measures would be taken by Turkmenistan. Pakistan noted the initiation of the process to accede to the Optional Protocol to the Convention on Elimination of Discrimination Against Women and hoped that Turkmenistan would do its utmost to expedite the process.

ANNA KIREY, of Action Canada for Population and Development, commended the Government of Turkmenistan on changes in its political system and the new Constitution that guaranteed equality for all Turkmen citizens regardless of their gender, race, religious beliefs and political affiliation. Given the Government’s commitment to cooperate with United Nations agencies and international organizations, Action Canada urged it to report publicly, accurately, and comprehensively all health-related data and to adopt measures to provide adequate health care for all citizens in conformity with international obligations.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine (CRED), welcomed the innovations in Turkmenistan and the efforts made by the Government. Good note had been taken of the changes made to the Constitution and the principle of primacy of international treaties. The measures taken by the Government to ensure that knowledge of international law was disseminated among judges and lawyers was also appreciated.

PHILIPPE DAM, of Human Rights Watch, said Human Rights Watch was encourage by the Government of Turkmenistan’s acceptance of a number of the recommendations made in the Universal Periodic Review report, including that it acted against any form of harassment and intimidation of journalists, that it ensure effective freedom of worship for all religious communities and that it take effective measures to allow non-governmental organizations to register and work freely. Human Rights Watch urged the Government to follow through by implementing those steps as a matter of urgent priority. It also urged Turkmenistan to accept the recommendation to allow the International Committee of the Red Cross access to places of detention. The need for independent human rights monitoring, including as a means to prevent torture in places of detention, had been repeatedly highlighted by a number of international expert bodies.

MARIANNE LILLIEBJERG, of Amnesty International, welcomed Turkmenistan’s expressed support for recommendations to guarantee the right to freedom of expression, association and assembly; to seek, receive and impart information; to allow independent non-governmental organizations to register and work freely; and to end harassment and intimidation of journalists. Amnesty International called on the Government to give immediate effect to those recommendations. It was deeply concerned about serious violations against human rights defenders, journalists and dissidents in the country, and regretted that Turkmenistan was unable to agree to release all political prisoners and human rights defenders, to review politically motivated trials, to account for those subjected to enforced disappearance and to lift travel bans on human rights defenders.

DEREK BRETT, of Conscience and Peace Tax International, said, given the previous complete lack of any provision for conscientious objectors in Turkmenistan, the Government’s response that it was preparing legislation to allow conscientious objectors to perform unarmed military service was welcome. However, international standards had now moved on a long way and unarmed military service was by no means adequate. Turkmenistan should make a careful study of those standards and institute alternative service which was compatible with the reasons for the objection.

SHIRIN AHMEDIVA, Director of the Institute for Human Rights and Democracy under the President of Turkmenistan, said that the policy of the Government was designed to ensure further democratization in all fields. Turkmenistan was properly monitoring existing legislation in order to bring it in line with international law. It was also planning to carry out ongoing monitoring of the current human rights situation. With respect to access to health, Turkmenistan assured the Council that all citizens without exception had access to the health system, under the old and the new Constitution. A more detailed reply could be found in Turkmenistan’s report on economic, social and cultural rights.

Consideration of Outcome of Universal Periodic Review for Report on Burkina Faso

SALAMATA SAWADOGO, Minister for the Promotion of Human Rights of Burkina Faso, providing additional information on the report, recalled that, on 9 December 2008, Burkina Faso had presented its national report to the Working Group of the Human Rights Council under the Universal Periodic Review. She thanked States for their participation in the interactive dialogue with the President of the Council, the High Commissioner for Human Rights, members of the troika and the Secretariat of the Council. During the interactive dialogue, most of the recommendations had been adopted and concerns were given replies, although some would require further clarification.

With respect to adopting legislation to bring its national human rights institution in line with the Paris Principles, there was currently a draft law being reviewed in that regard. On the abolition of death penalty, the Government was currently in the process of ratifying the second Optional Protocol to the International Convention of Civil and Political Rights in that respect. Regarding legislative measures to combat violence against women and girls, the Government had already implemented policies and measures in that regard. It was now committed to stepping up those measures and to strengthen existing mechanisms to remove impediments to women’s development.

On the question of polygamy, Mrs. Sawadogo said that that was only one option in the country, but that monogamy was still the rule. Polygamy was part of the secular culture of the country. In order to ban it, they would first need to carry out awareness-raising; otherwise it would simply push people into a position of illegality. Economic, political and cultural rights were fully implemented in Burkina Faso. There was also no discrimination based on a particular ethnic origin. The State was dedicated to promote all cultures. Despite the numerous social and economic constraints, the Government made the promotion and protection of human rights an on ongoing and irreversible struggle. The challenges were still numerous, and the country therefore appreciated any support from the international community, in particular thanking Argentina and Brazil in that regard as they had already expressed their willingness to help along those lines.

BOUALEM CHEBIHI (Algeria) thanked Burkina Faso for the presentation of the outcome of the Universal Periodic Review. In various aspects, Burkina Faso had made progress in the field of human rights. Algeria also encouraged Burkina Faso to continue its efforts. Algeria called on international community to support Burkina Faso in those measures.

MARK CASSAYRE (United States) said the United States noted that Burkina Faso had arrested and sentenced several female genital mutilation practitioners and accomplices and welcomed the Government's commitment to fully eradicate female genital mutilation and share best practices with other countries. It also saw the Government's new anti-trafficking law as a positive development. The work of the Ministry of Human Rights was noted, especially in regard to educational campaigns. The United States supported Burkina Faso's request for appropriate international community and Office of the High Commissioner for Human Rights technical assistance in consolidating human rights advancement on the ground.

BABACAR CARLOS MBAYE (Senegal) congratulated Burkina Faso on its promotion and protection of human rights. Senegal welcomed with satisfaction that the Government of Burkina Faso had accepted most of the recommendations made to it on 9 December 2008. Senegal was convinced that that would contribute to further guarantee human rights in the country, in particular the rights to health and education. Senegal wished Burkina Faso every success in implementing those recommendations and in its plea to the international community for technical cooperation in that regard.

IFEANYI NWOSY (Nigeria) noted that the Government of Burkina Faso had accepted most of the recommendations made to it and had pledged to implement them. During the review of Burkina Faso, Nigeria had commended the laudable achievements made by the country in the protection and promotion of human rights, particularly in the areas of primary education of the girl child and the fight against female genital mutilation. The international community should assist Burkina Faso in its efforts to fulfil its human rights obligations.

MIGIEL MAHOUVE (Cameroon) welcomed the presence at this meeting to adopt the Universal Periodic Review report on Burkina Faso of the Minister from Burkina Faso, whose devotion to human rights had been constant. Burkina Faso had established a real culture of human rights, which had been shown at the Universal Periodic Review in December 2009. Cameroon had no doubt as to the success to come and called on the international community to support Burkina Faso in the realization of its objectives in the field of human rights.

ALEXANDRE GUIDO LOPES PAROLA (Brazil) welcomed the presence of the Minister for the Promotion of Human Rights of Burkina Faso, Mrs. Salamata, and for her presentation on 9 December 2008 to the Universal Periodic Review Working Group. Her speech today confirmed the will of Burkina Faso to the full promotion and protection of human rights in the country. However, as was noted in the country report, challenges remained. During the Universal Periodic Review process recommendations had been made, and the international community was now responsible for demonstrating its will to help Burkina Faso in that regard. Brazil was committed to supporting Burkina Faso to that end.

BAMBA BAKARY (Côte d’Ivoire) said the presentation by Burkina Faso reflected the importance it attached to human rights. Burkina Faso had agreed to most of the recommendations made to it by the Working Group in December 2008. The international community should give the necessary support to Burkina Faso in the tremendous amount of reform it had to do to ensure the rule of law and democracy.

AHMED MOHAMED (Djibouti) welcomed the presence of the Minister at the session and appreciated the consultative attitude which had prevailed during the Universal Periodic Review. The Universal Periodic Review of Burkina Faso had, generally speaking, received support. The implementation of some recommendations necessitated financial resources. Djibouti hoped that the appeal made by Burkina Faso in that regard would be heard.

CELESTIN COMPAORE, of Action Canada for Population and Development, said Burkina Faso should remember the need to expedite the building of a penal institution in order to improve detention conditions for detainees, as well as improving their education in particular with regard to imprisoned minors. Civil society stakeholders should be involved in activities to fight female genital mutilation as well as HIV/AIDS. Mobilization of civil society partners made it possible to reduce the number of HIV/AIDS infections and to combat excision in the rural areas. Information on human rights should also be included in the school programmes. It was important for the young to be aware of those issues in their various activities.

YAO AGEBETSE, of Franciscans International, said that Burkina Faso should intensify its efforts in the trafficking of women and children for sexual exploitation. Burkina Faso was country of origin, transit and destination for human trafficking and a regional strategy for combating trafficking of persons was necessary. Franciscans International recommended encouraging Burkina Faso to invite the Special Rapporteur on trafficking in persons for an in situ visit. It also urged to send out a standing invitation to all Special Rapporteurs. Burkina Faso needed to continue its efforts in economic, social and cultural rights. It should set up a new body in order to analyse the causes of the food crisis and to develop guidelines.

THIOMBIANO LAFAMA, of the International Federation of Human Rights Leagues, noted the numerous commitments taken on by Burkina Faso in its report. Nonetheless, most of the recommendations had not been agreed to, and were nevertheless areas of serious concern to the people of Burkina Faso. There were impediments to the independence of the judiciary, and the recommendations on the freedom of the press had not been carried out either. A number of editors and journalists had been threatened due to their investigations. The Government should take into account all of the recommendations and ensure there was an independent judiciary, freedom of the press, and that the death penalty was abolished.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine (CRED), congratulated Burkina Faso for its cooperation under the Universal Periodic Review. The people of Burkina Faso were known to be free and honest people. Burkina Faso was always a country that held the duty of the human being just as important as human rights, and the declaration on duties of human beings in the country should be noted, as human rights and duties were indivisible. The concept of human duty had been forgotten by the Council and as such CRED urged the Government to assist in the adoption of a declaration on the human duty. They were convinced that the Government of Burkina Faso would implement the recommendations made in due process.

SALAMATA SAWADOGO, Minister for the Promotion of Human Rights of Burkina Faso, reaffirmed the will of Burkina Faso to implement the recommendations of the Council. As to a standing invitation, Burkina Faso had always cooperated with the Special Procedures and would always carefully consider such invitations. As to mismanagement of the agricultural campaign, she was surprised to hear that that had been mismanaged, as Burkina Faso had had an excellent crop. As to freedom of the press, that principle was recognized and applied. Regarding death threats to journalists issued on the Internet, she asked for further information. As to abolishing the death penalty, that issue was currently under study and she thought that at the next Universal Periodic Review Burkina Faso would have become an abolitionist state.

Burkina Faso was ready to hold discussions with all stakeholders to make progress in human rights and was open to all suggestions, Ms. Sawadogo underscored. Burkina Faso’s commitment to the promotion and protection was permanent and, with the support of the international community and civil society, it was convinced that human rights would become more effective. Burkina Faso would like to receive financial and technical assistance regarding the implementation of the rights of the child and persons with disabilities. Burkina Faso was also intending to improve working conditions for children.

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