HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW ON REPUBLIC OF CONGO AND MALTA

Human Rights Council
AFTERNOON

23 September 2009


The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review on the Republic of Congo and Malta.

Rosalie Kama Niamayoua, Minister of Primary and Secondary Education in charge of Literacy of the Republic of Congo, said that the Congo underwent the Universal Periodic Review as part of its firm resolve to contribute to the protection and promotion of human rights both nationally and universally. Democracy, which was a vital corollary to human rights, was something that needed to be built, it was a process which could not be carried out in isolation from wide-ranging constraints such as time factors and cultural difficulties. Congo was committed to the Universal Periodic Review mechanism and the collective efforts of the international community to guarantee human dignity to each person, and intended to live up to its international obligations, despite the severity of the obstacles that remained to be overcome in a number of areas. It was in this spirit that the 50 recommendations accepted by Congo were being implemented.

In the discussion on the Republic of Congo, speakers said that Congo’s acceptance of over 85 per cent of the recommendations left no doubt regarding its cooperative and constructive attitude regarding the Universal Periodic Review. Speakers also welcomed the efforts of the Republic of the Congo to provide free treatment for those living with HIV/AIDS, and welcomed Congo’s willingness to allow its prisons to be monitored. Speakers also called upon the Republic of the Congo to increase its efforts to prosecute human trafficking offenders and provide assistance to trafficking victims.

Speaking in the general debate on the Universal Periodic Review of the Republic of Congo were Algeria, the Russian Federation, Morocco, the United States, Djibouti, Burkina Faso, Egypt, Cameroon, Cuba, the Democratic Republic of the Congo, Chad, Gabon and the Central African Republic.

International Federation of Action by Christians for the Abolition of Torture, the International Lesbian and Gay Association, the International Federation of Human Rights Leagues, Interfaith International, the Comite 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 Development dans la Region des Grands Lacs and Action Canada for Population and Development also took the floor.

Victor Camilleri, Permanent Representative of Malta to the United Nations, said that Malta was particularly gratified at the way in which its Universal Periodic Review exercise had permitted it to express and explain its abiding commitment to the promotion and protection of human rights at both the national and the international levels. Regarding the suggestions relating to the international treaties and obligations, Malta had indicated that it would ratify the Optional Protocol to the Convention on the Rights of the Child and withdraw the declaration it had made when signing this protocol. At the same time, Malta did not intend to accede to the Convention on the Protection of the Rights of Migrant Workers, or to ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention for the Protection of All Persons from Enforced Disappearance.

In the discussion on Malta, speakers expressed the wish to see Malta consider acceding to the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. The Government's decision to establish a detention service with suitably trained civilians as managers who could help address the humanitarian needs of irregular migrants and who could work with non-governmental organizations to facilitate the provision of legal advice and services was commended. Malta's cooperation with the Special Rapporteur on the human rights of migrants was also welcomed.

Speaking in the general debate of the Universal Periodic Review of Malta were Algeria and the United States. The International Lesbian and Gay Association, Interfaith International and the International Commission of Jurists also took the floor.


The next meeting of the Council will take place at 10 a.m. on Thursday, 24 September, when it is scheduled to consider the Universal Periodic Review outcomes on New Zealand, Afghanistan and Chile.


Consideration of Outcome of Universal Periodic Review on the Republic of Congo

ROSALIE KAMA NIAMAYOUA, Minister of Primary and Secondary Education in charge of Literacy of the Republic of Congo, presenting additional information on the outcome of the Universal Periodic Review process on Congo, said the Congo underwent the Universal Periodic Review as part of its firm resolve to contribute to the protection and promotion of human rights both nationally and universally. Democracy, which was a vital corollary to human rights, was something that needed to be built, it was a process which could not be carried out in isolation from wide-ranging constraints such as time factors and cultural difficulties. Congo was committed to the Universal Periodic Review mechanism and the collective efforts of the international community to guarantee human dignity to each person, and intended to live up to its international obligations, despite the severity of the obstacles that remained to be overcome in a number of areas, and the Government would spare no effort to bring about a society where people could live, think, move about and act freely. It was in this spirit that the 50 recommendations accepted by Congo were being implemented.

Congo had ratified the two Optional Protocols to the Convention on the Rights of the Child, and was considering the ratification of several other international conventions, as well as their optional protocols. The Government had taken due note of the recommendations on the establishment of a National Commission on Human Rights that was in conformity with the Paris Principles. The measures on reinforcing the protection of human rights and setting priorities in terms of needs were contained in the preliminary draft of the National Action Plan on Human Rights 2009-2013, for which the Government asked for the support and aid of the international community. On judicial independence, according to the Constitution, the judiciary was independent from executive and legislative branches. Conditions of detention were a particular concern of the Government of Congo; places of detention were regularly inspected, both by the Attorney General and by the International Committee of the Red Cross and the General Directorate for Human Rights and Fundamental Freedoms. The creation of a Ministry for the promotion of women and the integration of women into development responded to the needs of this issue, and the Ministry, in concert with the Ministry of Justice, were in charge of elaborating laws that would reinforce existing laws on violence against women and female genital mutilation.

SELMA MALIKA HENDEL (Algeria) said that Algeria thanked the delegation of Congo for the additional information that it had shared regarding the follow-up on the recommendations that had been conveyed to it at the fifth session of the Working Group of Congo’s Universal Periodic Review. Congo’s acceptance of over 90 per cent of these recommendations left no doubt regarding its cooperative and constructive attitude regarding the Universal Periodic Review. Algeria was happy to see that its recommendation for the establishment of a national institution for the promotion and protection of human rights had been given favorable reception. Algeria was also happy to note the particular attention that the Congolese Government had accorded to the protection and exercise of rights of vulnerable groups, including women and children. It further insisted on the necessity that the programmes and specialized institutions of the United Nations continued their support to Congo to allow its Government to establish programmes and strategies aiming at the improvement of children’s access to education and women’s participation in the country’s development.

PAVEL CHERNIKOV (Russian Federation) congratulated the Minister for her informative statement. As confirmation of the deep commitment on the part of the Republic of Congo to the Universal Periodic Review process, he pointed to the fact that the delegation had agreed with approximately 85 per cent of the recommendations. Russia wished a successful implementation of the recommendations to the Republic of Congo. He also expressed their surprise to the fact that the Secretariat had not yet provided all documents in Russian.

MOHAMED ACHGALOU (Morocco) said the determination of the Congolese authorities for the protection and promotion of vulnerable people, in particular women and children, was evident in the acceptance of all recommendations on this issue. The lessons learned from the examination of Congo were a clear declaration of commitment to the protection and promotion of human rights by this country, which was determined to reaffirm the resolve of the authorities to ensure the full and progressive realisation and enjoyment of all human rights and fundamental freedoms by all. The policies and actions of Congo on human rights were founded on a judicial arsenal and a national institutional structure adapted to international standards. The work done by Congo could only have the required impact on citizens' daily lives with international assistance and the reinforcing of the State's capacities.

ANNA L. CHAMBERS (United States) said that the United States welcomed the efforts of the Republic of Congo to provide free treatment for those living with HIV/AIDS, also welcoming Congo’s willingness to allow its prisons to be monitored. Additionally, the United States welcomed the efforts made by the Congolese Government to better ensure separation between women, men and children in detention centers. It called upon the Republic of Congo to increase its efforts to prosecute human trafficking offenders and provide assistance to trafficking victims. The United States also strongly supported the Working Group’s recommendations that Congo encourage the participation of civil society during election cycles, increase the independence and capacity of the national human rights commission, and consider providing property rights for women. Finally, it appreciated the Republic of Congo’s decision to allow the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people to visit in 2010.

AHMED MOHAMED ABRO (Djibouti) welcomed the presence of the Congolese delegation today and congratulated the Government of the Republic of Congo on its commitment to the Universal Periodic Review. This exercise had identified a number of challenges. Djibouti asked the Congolese Government to do its outmost to implement the recommendations.

SABINE BAKYONO KANZIE (Burkina Faso) said objective limits linked to real constraints had somewhat impeded the exercise of certain fundamental rights in Congo. The country's adhesion to several international instruments on human rights was a clear political commitment by the authorities to ensure an improved protection and promotion of the rights of the Congolese. This constructive approach was also reflected in the Human Rights Council by the acceptance of the majority of the recommendations made during the Universal Periodic Review process, and these should be implemented. Burkina Faso wished to reaffirm its solidarity with Congo in the efforts to improve the human rights situation, and also supported Congo's appeal for international support to help in implementing all universally recognised human rights.

The Representative of Egypt said that Egypt welcomed the presentation that had been made by the delegation of Congo. It was commendable that the Republic of Congo was committed to the path of the promotion and protection of the human rights of its people. Congo’s acceptance of most of the recommendations that had been made was proof of the Government’s commitment, particularly with regard to children’s right to education. Egypt said that it encouraged the Republic of Congo to continue in this direction, with support from the international community.

MICHEL MAHOUVE (Cameroon) said that Cameroon shared a long frontier with Congo and that both countries shared the ambition for the full enjoyment of human rights for their respective citizens. The delegation of the Congo, in a very open spirit had informed the Council on the measures undertaken to protect human rights. Cameroon extended their full backing to the Congo and called upon the Council to adopt the report of the Working Group.

RESFEL PINO ALVAREZ (Cuba) said during the examination of Congo, the Council could see the remarkable progress that country had made in various areas relative to the protection and promotion of human rights, including in preventing HIV/AIDS and the treatment of those affected by this pandemic, which unfortunately had a great impact on the African continent. This also applied to Congo's efforts in the field of education, considering the obstacles put in its path by its situation as a developing country, a victim of the unjust international order. Cuba also had launched an appeal to strengthen cooperation with Congo including concrete action such as debt relief and commitments for Official Development Assistance, which could contribute significantly, helping the country to rise to the various challenges it had to face.

RICHARD LUKUNDA (Democratic Republic of the Congo) said that the Democratic Republic of the Congo presented its heartfelt congratulations to the Minister from the Republic of Congo. It wished to thank Congo for its statement that had been made within the framework of the Universal Periodic Review process, and it encouraged Congo to work further towards the revision of its legal code. As for the recommendations that the Democratic Republic of the Congo had made regarding the elaboration of a framework for the protection of and assistance to internally displaced persons, it was very happy to hear the information that Congo had provided. The Democratic Republic of the Congo called upon the Council to adopt the outcome of the Universal Periodic Review, also calling upon the High Commissioner for Human Rights to provide Congo with the technical assistance that Congo had called for in the area of human rights.

ANGUI AWADA (Chad) said that they were happy to see that Congo was a party to a number of international human rights instruments. However, they wanted to appeal to the international community to provide material and financial assistance to the Republic of the Congo to help it in overcoming the many challenges it was facing.

SAMUEL NANG NANG (Gabon) said within the framework of the Universal Periodic Review, the situation of human rights in the Congo was examined by the Working Group, and a number of recommendations were put forward on building the society and respecting human rights and fundamental freedoms. Gabon was pleased that the Congo had put together a think tank to examine the recommendations made, and that the National Commission on Human Rights was in conformity with the Paris Principles. Notwithstanding that the financial and economic crisis had slowed down Congo's progress, Gabon was pleased to see that there was a just and equitable order, paving the way for peace in the country, and urged the Council to adopt the report.

LEOPOLD ISMAEL SAMBA (Central African Republic) said that the Central African Republic warmly welcomed the delegation of Congo and commended it on the progress the country had made. Everybody’s life had many challenges and this was also experienced by the Congo. The Central African Republic called upon the Council to adopt the outcome of the Universal Periodic Review of Congo so that justice could be expanded to the Central African Republic’s sister country.

NATHALIE JEANNIN, of International Federation of ACAT (Action by Christians for the Abolition of Torture), said that the Federation encouraged Congo to take measures and proper actions to deal with the problem of overpopulation in prisons. Furthermore, they encouraged the Congo to provide at least limited access to non-governmental organizations working in the area of human rights. They also hoped that the setting up of a revision commission for all international human rights treaties would permit to bring Congo in line with those international treaties.

ROWLAND MAC AULAY, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), said with regards to the recommendations which urged the Government of Congo to repeal the article of the Penal Code which criminalised same-sex sexual activity between consenting adults with a view to more effective HIV/AIDS education, prevention and treatment, while the Government's position was appreciated on the difficulties regarding cultural problems and sociological implications, the current penal code of Congo continued to threaten the existence of sexual minorities. The Government should implement the recommendations of Member States and take further action to repeal this penal code provision, adopt measures to promote tolerance in this regard, and provide law enforcement and judicial officials with specific training regarding the protection of the human rights of sexual minorities.

SAMUEL DANSETTE, of International Federation of Human Rights Leagues (FIDH), said that the International Federation of Human Rights Leagues was happy to note the engagements that the Republic of Congo had made for the Universal Periodic Review, but it regretted that important recommendations, made by States at this occasion, had not been retained by Congo, and other recommendations that Congo had accepted, had not been given effect yet. The International Federation of Human Rights Leagues encouraged Congo to make effective the Additional Protocol to the African Charter of Human Rights and Human Rights of Women in Africa. Further, the International Federation of Human Rights Leagues urged Congo to finally adopt, as promised, the law on the promotion and protection of human rights of the rights of indigenous people. Moreover, the existence of irregularities during the presidential elections which had taken place in July 2009 were deplorable. Finally, it was sad to see that Congo refused to implement recommendations regarding the de-penalization of homosexuality.

BIRO DIAWARA, of Interfaith International, said that for a number of years now, village communities in the county of Kouilou were complaining that their land, their wildlife and their health were affected by the pollution arising from multinational petroleum companies present in the region. As of today, no initiatives had been taken on board in order to apply the Congolese Constitution which stated that all pollution arising from economic activities had to be compensated. Necessary measures should be taken to solve these problems.

MARTIN MALUZA, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said the significant efforts made by the Congolese authorities for a better enjoyment of economic and social rights by the population, despite the constraints imposed by the current international economic environment, deserved to be widely supported at the technical and financial levels by the international community. The fight against poverty, the fight for the reinforcement of the independence of the judiciary, the promotion of intercommunity dialogue, the programme of disarmament, demobilisation and reinsertion launched by the Government in 2006, the ratification of several international instruments relative to human rights were so many open paths and so many challenges which Congo had committed itself to taking up, with the support of the international community. Congo's efforts to ensure greater protection and promotion of human rights and a more effective enjoyment by its population of economic and social rights should be fully supported by the international community.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said it wished to thank the delegation of Congo for its strong commitment to peace and security in the country. It also took note of the actions the Government had taken to promote and protect human rights. There was a need to restore the rule of law after the war the Congo had seen. Action Internationale pour la Paix et le Developpement dans la Region des Grands Lacs further commended the many efforts made by Congo’s Government regarding the strengthening of its internal legal arsenal, in its fight against torture and all types of degrading treatments, and for the assistance of children in conflict. The measures taken for the promotion and protection of human rights at the institutional level, as well as the areas of health education and enjoyment of economic, social and cultural rights, notwithstanding financial and material challenges in the region, should also be highlighted.

SANDEEP PRASAD, of Action Canada for Population and Development, in a joint statement Federation for Women and Family Planning, called on the Government of the Congo, in order to implement some of the recommendations made during the review process, to continue to strengthen the legal protection of women and children victims of violence and to ensure that such measures were effective in the rural areas of the country; and to adopt legislation to prohibit the violent sexual practices to which Congolese women were exposed to, in conformity with the Convention on the Elimination of all Forms of Discrimination Against Women. The Congo should also continue efforts in favour of the protection of the rights of people affected by HIV/AIDS.

ROSALIE KAMA NIAMAYOUA, Minister of Primary and Secondary Education in charge of Literacy of Congo, in concluding remarks, said she wished to thank all those who had urged Congo to implement the commitments it had already shouldered. Congo was committed, as of October, to provide more information pertaining to the implementation of the commitments that it had assumed. On homosexuality, the Government had never totally refused to take into account this commitment, but it believed today that it would not be right for the Government to make a decision that went against the customs and habits of the population. It was not easy to implement such a decision on the social level. Nevertheless, the Government would do its very best to review and see how this issue could be best addressed and discussed. It would not say it took on the commitment to implement measures, but the issue would be discussed.

Regarding women and children, it was very important to ensure that the situation of Congolese women be dealt with in a positive and proper way, and the Government of the Congo had decided to ensure that the Ministry for Women would have its mandate extended and would be able to bring forward legislation to protect women in the Congo. Work was also being done to ensure that children did not drop out of school merely because they were female. There had been concerted action between the Government and the Opposition with regards to the elections, and the elections had had a participation rate of more than 60 per cent. The Congo wished to thank all who had supported it, and all those who had urged the adoption of the report. The Government would keep its promises and do its best to ensure the implementation of all recommendations it had assumed.

The Council then adopted the report on the Universal Periodic Review process of Congo.


Consideration of Outcome of Universal Periodic Review on Malta

VICTOR CAMILLERI, Permanent Representative of Malta to the United Nations, said that Malta fully agreed that the Universal Periodic Review offered a genuine opportunity for States to take a serious and intensive look at their own human rights process. Malta was particularly gratified at the way in which its Universal Periodic Review exercise had permitted it to express and explain its abiding commitment to the promotion and protection of human rights at both the national and the international levels. The various comments and suggestions had been clustered in 47 recommendations, most of which Malta could accept either in full or in part. Malta also took note of the recommendations which urged Malta to continue and reinforce its current practices and legislation regarding various aspects of the promotion and protection of human rights in Malta. As for the recommendations that included suggestions regarding measures that were either already in place in Malta, or which were in the process of implementation, Malta had explained the legislation and practices that were already applied in Malta.

Regarding the suggestions relating to the international treaties and obligations, Malta had indicated that it would ratify the Optional Protocol to the Convention on the Rights of the Child and withdraw the declaration it had made when signing this protocol. At the same time, Malta did not intend to accede to the Convention on the Protection of the Rights of Migrant Workers, or to ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention for the Protection of All Persons from Enforced Disappearance. Malta would further retain its existing national legislation on the question of abortion and believed that whether or not to legislate to recognize the relationship between two partners, irrespective of their sex, remained a matter of national competence. Finally, Malta reiterated its commitment to respect all its international obligations.

NADIA LAMRANI (Algeria) said that they had listened carefully to Malta’s position on the recommendations. Algeria welcomed the transparency of Malta during the exercise. In the past years, Malta had experienced a major influx of illegal migrants. Algeria welcomed the Maltese policy with regard to illegal migration and the fact that it guaranteed equitable, just and human treatment to migrants. Algeria reiterated its wish to see Malta consider its accession to the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. Algeria was heartened by the measures Malta had already taken in the promotion of the rights of vulnerable groups, in particular those to increase the share of women in the labour market.

ANNA CHAMBERS (United States) said the United States recognised the many challenges Malta faced as it tried to deal with a large number of seaborne irregular migrants, given the country's small size and large area of responsibility. The Government's decision to establish a detention service with suitably trained civilians as managers who could help address the humanitarian needs of irregular migrants and who could work with NGOs to facilitate the provision of legal advice and services was commended. Malta's cooperation with the Special Rapporteur on the human rights of migrants was also welcomed. The United States recognised that the irregular migrants from African countries who arrived in Malta en route to Italy and elsewhere could be vulnerable to human trafficking, and urged Malta to increase its efforts to eradicate trafficking in persons, including implementing steps to protect victims and to vigorously prosecute and convict trafficking offenders.

BJORN VAN ROOSENDAAL, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), in a joint statement with Canadian HIV/Aids Legal Network and Federatie Van Netherlandse Verenigingen Tot Integratie Van Homoseksualiteit Coc Nederland, said that the International Lesbian and Gay Association recommended that Malta adopt further measures to fight discrimination on grounds of sexual orientation and gender identity. In particular, they urged Malta to take concrete measures to ensure that policy was developed ensuring that same-sex couples enjoyed equal rights and obligations and the change of legal status of transgender person, and that lesbian, gay and bisexual people had effective access to health advisory services. The International Lesbian and Gay Association would further like to thank Malta for including sexual orientation and gender identity in awareness raising campaigns in the realization of human rights by all persons. It also recommended that Malta explicitly included sexual orientation and gender identity in the policy on sexual health, and that it involved civil society organizations in the development, execution and evaluation of these programmes.

BIRO DIAWARA, of Interfaith International, said that Malta was a country located in the heart of the Mediterranean region and that it was a crossroad site for potential candidates of migration to other part of the European region. During the review, the Maltese Government had stated that it had been confronted by a social and political crisis with regard to these migrants. Argentina and Sweden had called upon the Maltese Government to bring its legislation in conformity with international standards. Most of the migrant asylum seekers were being placed in detention centres, which suffered from congestion and unhealthy living conditions. Measures needed to be taken to deal with the distress of these defenceless people.

LUKAS MACHON, of International Commission of Jurists, said that the International Commission of Jurists regretted that Malta rejected the Working Group's recommendation on the legal consequences of the use of the term "prohibited migrants", in particular administrative detention. Asylum and migration were among the most important issues for the protection of human rights in Malta, and deserved the serious attention of the Government. The International Commission of Jurists also remained concerned at the automatic resort to administrative detention of asylum seekers and migrants and at the excessive and disproportionate length of such detention. The Human Rights Council should recommend that Malta revise its legislation and policy on administrative detention in accordance with the principle of proportionality, and also recommend to Malta that procedural safeguards be effectively guaranteed both to asylum-seekers and to all other migrants, and that Malta provide free legal assistance where necessary to those subject to administrative detention and/or alternative administrative measures. The Commission also expressed its concerns at the conditions in Malta's detention centres.

VICTOR CAMILLERI, Permanent Representative of Malta to the United Nations, in his concluding remarks, said that he had nothing to add to the comments and recommendations that had been made during the discussion of its Universal Periodic Review. Malta however wished to reiterate its commitment to the promotion and protection of human rights at the best of its ability. Malta was also committed to respecting the entirety of its international obligations and ensured that they were fulfilled to the greatest possible extent.


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