Human Rights Council adopts outcome of Universal Periodic Review on Paraguay and holds general debate on Universal Periodic Review process

Human Rights Council
AFTERNOON 9 June 2011

The Human Rights Council this afternoon adopted the outcome of the Universal Periodic Review on Paraguay which was followed by a general debate on the Universal Periodic Review process.

Federico Gonzalez, Permanent Representative of Paraguay to the United Nations Office at Geneva, said that the Universal Periodic Review process for Paraguay had been very interesting and instructive. Paraguay commended the 124 recommendations it had received, all of which it had accepted; not a single recommendation had been rejected. Paraguay welcomed the fact that many delegations had acknowledged the initiatives Paraguay had made. The country had also made progress since the last meeting on 2 February and notably accepted the national mechanism for the prevention of torture, an important tool for fighting torture. Preparations for the first national human rights plan had also been initiated and police officers had been trained on intervention protocols, gradual use of force and lethal weapons, as well as procedures to deal with vulnerable groups. The Paraguayan Government was making progress regarding the lands of indigenous peoples, and it was taking systematic measures to foster gender equality.

In the discussion on Paraguay, speakers noted that Paraguay had made much progress in overcoming the military dictatorship that had undermined society for a decade. Speakers noted the action of the Truth and Reconciliation Commission and pointed out that no law had been passed to provide amnesty to individuals involved in the former regime. Paraguay had made significant steps in alleviating poverty, the universal provision of health care and high literacy rates. Nevertheless, the Government continued to face the challenge of reducing unemployment among indigenous peoples and improving their access to education. Some speakers were concerned by the fact that only 31 per cent of youth between 15 and 17 years of age had access to secondary education due to school enrolment fees and the concentration of educational facilities in urban areas. They urged Paraguay to do its utmost to integrate the most vulnerable children and those living in rural areas into the educational system.

Speaking in the discussion on Paraguay were Algeria, Cuba, Venezuela, the Republic of Moldova, Morocco, and El Salvador. Also taking the floor were representatives of the following non-governmental organizations: International Volunteerism Organization for Women, Education and Development, Amnesty International, and Conscience and Peace Tax International.

During the general debate on the Universal Periodic Review, speakers said they were of the view that the Universal Periodic Review mechanism had the potential to make a difference on the ground. The Universal Periodic Review was a truly universal mechanism, as principles were applicable to all Member States without discrimination. They recognized the importance of providing technical assistance in order to help States implement recommendations and they commended the active involvement and significant contribution of civil society to the Universal Periodic Review Process. A delegation pointed out that while there were those who sought to criticize the Universal Periodic Review mechanism, they should not forget the practices of confrontation, manipulation and selectivity that dogged the discredited old Commission for Human Rights. They noted that the effectiveness and usefulness of the new mechanism was confirmed by the very few amendments needed during the revision process. It was essential to include all relevant actors in the reporting phase and when considering and implementing recommendations. All States under review should clearly indicate which recommendations they accepted and which ones they did not. Some States had not provided sufficient clarity in this regard, which only served to undermine the credibility of the Universal Periodic Review. Also, effective follow-up was essential to the credibility and success of the mechanism.

Speaking during the general debate were Hungary on behalf of the European Union, Switzerland, Spain, China, Cuba, Norway, the Republic of Moldova, Colombia, Azerbaijan and Canada. Representatives of the following non-governmental organizations also took the floor: the Asian Forum for Human Rights and Development, the Colombian Commission of Jurists, and the National Association of Legal Centers.

The Council went into a private meeting at 5 p.m. to take up its Complaint Procedure.

The Council will hold a full day of meetings from 9 a.m. to 6 p.m. on Friday, 10 June. At 9 a.m. it will hold the first part of its annual day of discussion on the rights of women. During the midday meeting, the Council will hold an interactive dialogue with the High Commissioner for Human Rights regarding the situation of human rights in Libya, to be followed by a general debate on its agenda item on follow-up and implementation of the Vienna Declaration and Programme of Action. In the afternoon, it will hold the second part of its annual day of discussion on the rights of women.

Consideration of Universal Periodic Review Outcome on Paraguay

FEDERICO GONZALEZ, Permanent Representative of Paraguay to the United Nations Office at Geneva, said that the Universal Periodic Review process for Paraguay had been very interesting and instructive. Paraguay was firmly committed to support this mechanism and was convinced that it would contribute to policies aimed at promoting and protecting the human rights of its citizens. 2011 was a special year for Paraguay as the country had celebrated 200 years of independence in May, and the resulting enthusiasm would undoubtedly accompany the implementation of human rights programmes. The recommendations Paraguay had received in the context of its Universal Periodic Review would be taken as guidance to make further progress in terms of human rights. Paraguay commended the 124 recommendations it had received, all of which it had accepted. Not a single recommendation had been rejected, all contributions were valid. Paraguay welcomed the fact that many delegations had acknowledged the initiatives Paraguay had made. The country had also made progress since the last meeting on 2 February and notably accepted the national mechanism for the prevention of torture, an important tool to fight torture. Preparations for the first national human rights plan had also been initiated and police officers had been trained on intervention protocols, gradual use of force and lethal weapons, as well as procedures to deal with vulnerable groups.

The Paraguayan Government was making progress regarding the lands of indigenous peoples. The Institute for Rural Development had authorised the transfer of 1,359 hectares of land to indigenous families of the Ava Guarani ethnic group, and the Government was taking systematic measures to foster gender equality. Also, a special MERCOSUR meeting on women would take place this week in Asuncion, including a meeting on parity. There was now a specific advisor on indigenous women, and Paraguay would defend its first periodic report before the Committee on the Elimination of Discrimination against Women in October 2011. The same would happen with the Committee on the Elimination of Racial Discrimination in August and with the Committee against Torture in September. Paraguay had no reports outstanding before any of the United Nations treaty bodies, which was a source of pride, and it had extended an open invitation to all Special Procedures of the Human Rights Council.

In terms of children and adolescents, Paraguay reaffirmed its commitment to comply with the Convention on the Rights of the Child and with the recommendations of the Committee on the Rights of the Child, especially regarding the fight against violence against children. The first sub-regional follow-up meeting regarding the United Nations study on violence against boys, girls and adolescents took place in April 2011 with the participation of Paulo Sergio Pinheira, the Independent Expert who had coordinated the global United Nations study on violence against boys, girls and adolescents, and Marta Santos Pais, the Special Representative of the Secretary-General on violence against children. The work of the Government’s human rights network, which was coordinated by the Vice-Minister for Human Rights, was also of vital importance, particularly regarding the strengthening of institutions. The Government attached importance to the assistance provided by the Office of the High Commissioner for Human Rights. Paraguay thanked the representatives of the troika for its Universal Periodic Review for Paraguay, thanks to whom it had been possible to conclude this process in an effective way. Paraguay reiterated its determination to fully respect international human rights law and would seek all initiative to openly discuss all questions related to this vital subject of the international agenda.

MOHAMED SALIM SAMAR (Algeria) congratulated the delegation of Paraguay for its presentation of the human rights situation in Paraguay and the efforts made to promote and protect human rights and the realization of civil, political, economic, social and cultural rights. Algeria was encouraged to observe that many of the recommendations, including those suggested by Algeria, had been accepted by Paraguay and were currently being implemented. Algeria’s recommendations concerned the implementation of a plan establishing a system of human rights indicators, the response to the concern of citizens regarding education, the establishment of a plan to address questions related to justice and human rights, and the strengthening of programmes combating extreme poverty and improving the quality of life of the Paraguayan people. Algeria supported Paraguay in its implementation of the accepted recommendations and recommended that the Council adopt the Universal Periodic Review of Paraguay.

YUMIRKA FERNANDEZ PALACIOS (Cuba) welcomed the delegation from Paraguay and expressed its appreciation for Paraguay’s presentation and the additional information provided regarding the recommendations. Paraguay had made much progress in overcoming the military dictatorship which had undermined society for a decade. Cuba noted the work of the Truth and Reconciliation Commission and noted that no law had been passed to provide amnesty to individuals involved in the former regime. Paraguay had made significant steps toward alleviating poverty, the universal provision of health care and high literary rates. Nevertheless, the Government continued to face the challenge of reducing the rate of unemployment among indigenous people and improving their access to education. Paraguay had accepted many of the recommendations, including those presented by Cuba. Cuba wished Paraguay success in its social enterprises and recommended that the Council adopt the Universal Periodic Review of Paraguay.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) said Venezuela appreciated the information provided by Paraguay and the attention they paid to the Universal Periodic Review process. Their engagement in the process reflected a broader commitment to the promotion and protection of human rights. Venezuela noted the efforts by the Government of Paraguay to combat gender-based violence through public awareness and establishing a system of support. Venezuela further encouraged Paraguay to consider gender perspective in all aspects of the national life and to continue improving the situation of women’s rights in the country.

VLADIMIR CHIRINCIUC (Republic of Moldova) said the Republic of Moldova commended the commitment of Paraguay to the Universal Periodic Review procedure which made it possible to identify challenges and steps in the institutional framework for the promotion and protection of human rights in the country. The Republic of Moldova noted the acceptance of a great number of recommendations by Paraguay, including those by the Republic of Moldova concerning the participation of women in public life, prevention of violence against women and children and the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

MAJDA MOUTCHOU (Morocco) thanked the representative of Paraguay for his presentation and commended Paraguay for its frankness and openness during the Universal Periodic Review. Paraguay had made significant progress since the advent of democracy in 1989. The Government had shown a firm commitment to protecting and promoting human rights. Political justice, ensured with the establishment of a Truth and Reconciliation Commission and other democratic institutions, guaranteed respect for human rights. Morocco was satisfied that the recommendation it made concerning efforts to combat poverty was supported by Paraguay. Morocco reiterated its appreciation for Paraguay in implementing the Millennium Development Goals and wished Paraguay success in implementing the recommendations.

BYRON FERNANDO LARIOS LOPEZ (El Salvador) congratulated Paraguay for the openness displayed throughout the Universal Periodic Review process as well as for the commitments it had undertaken, the seriousness, frankness and openness displayed and its recognition and respect for human rights. El Salvador welcomed the progress Paraguay had made in terms of promoting the social and economic development of indigenous peoples in the country. El Salvador appreciated Paraguay’s efforts to establish democratic institutions, including a Truth and Reconciliation Commission. It remained only to encourage Paraguay to continue its efforts to promote and protect human rights and implement the recommendations of the Universal Periodic Review.

ROBERTA BOMPENSA, of International Volunteerism Organization for Women, Education and Development, remained concerned about the human rights situation of indigenous peoples and those living in rural areas in Paraguay, especially concerning education. While welcoming Paraguay’s acceptance of the recommendations concerning free education, International Volunteerism Organization was concerned about the fact that only 31 per cent of youth between 15 and 17 years of age had access to secondary education. The reasons were persistence of school enrolment fees and the concentration of educational facilities in urban areas. International Volunteerism Organization recommended that Paraguay do its utmost to integrate into the educational system the most vulnerable children and those living in rural areas.

MARIANNE LILLIEBJERG, of Amnesty International, said Amnesty International welcomed the support of Paraguay for the majority of the recommendations, particularly those related to the protection of the rights of indigenous peoples. It was important that Paraguay complied with the Inter-American Human Rights Court orders on the restitution of traditional lands to three indigenous communities, on which the deadlines had already expired. Amnesty International urged Paraguay to present a clear plan of action to achieve a definitive solution for those indigenous communities and to comply with the latest ruling of the Inter-American Human Rights Court. Amnesty International also welcomed the commitment of Paraguay to address socio-economic conditions that negatively affected indigenous peoples.

DEREH BRETT, of Conscience and Peace Tax International, welcomed Paraguay’s acceptance to ensure the effective exercise of the right to conscientious objection and to ensure that no minor under 18 was recruited into the armed forces. Regarding juvenile recruitment, it welcomed the replacement of the original declaration on ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which specified a voluntary recruitment age of 16, by a declaration that the minimum age for recruitment was 18 and the promulgation of the Law No. 3360 in November 2007 which specified that in no case might military service be embarked upon before the age of 18.

FEDERICO GONZALEZ, Permanent Representative of Paraguay to the United Nations in Geneva, thanked all speakers for the comments, remarks and indications which encouraged Paraguay to work further to promote and protect the human rights of all Paraguayan citizens. This was a tremendous challenge and the Government was aware of what remained to be done. Paraguay was aware of the difficulties but with a determination to achieve its goals, the Government would continue to work to ensure that all citizens could enjoy their rights.

The Council then adopted the outcome of the Universal Periodic Review on Paraguay.

General Debate on the Universal Periodic Review

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, said the European Union was of the view that the Universal Periodic Review mechanism had the potential to make a difference on the ground. The Universal Periodic Review was a truly universal mechanism, as principles were applicable to all Member States without discrimination. The so-called speakers’ list issue draft decision extended the universal character of the mechanism. The European Union was prepared to support the draft decision which provided that the second and subsequent cycles of the review would focus on the implementation of accepted recommendations and the development of human rights in the States under review. The preparation for the second and subsequent cycles through the implementation of accepted recommendations could have a mobilizing effect on both governments and civil societies. The European Union recognized the importance of providing technical assistance in order to help States implement recommendations. The European Union commended the active involvement and significant contribution of civil society to the Universal Periodic Review process.

JURG LAUBER (Switzerland) presented the measures that Switzerland had taken to implement certain recommendations of its Universal Periodic Review process. The Federal Law on the criminal procedure applicable to minors had entered into force on 1 January 2007. It provided for the physical separation of minors from adults. In this regard the recommendation of Canada had been satisfied. Switzerland had signed the International Convention for the Protection of all Persons against Enforced Disappearances which was deposited on 19 January 2011, this in accordance with a recommendation received from France. Switzerland also noted that on 28 February it had decided to increase to 640 million francs the Swiss budget for official development assistance for the period of 2011 to 2012, this in response to a recommendation from Cuba. Switzerland noted that it had transformed into a voluntary undertaking the establishment of a national human rights institute. It noted that although the institute did not adhere to all of the Paris Principles that it was a step in the right direction.

MANUEL ALHANA (Spain) said that the Spanish delegation had taken the floor to display its commitment to the Universal Periodic Review and underscore the importance it gave to it. The delegation would also like to offer a stocktaking of Spain’s follow-up on the recommendations made to it in May 2010. As for the recommendation on the adoption of a national strategy to combat racism and xenophobia which Belgium had made, the delegation said that the Spanish observatory to fight racism and xenophobia was coordinating a comprehensive national strategy based on studies, investigations and work done by relevant administrations and public and private entities. On the recommendation on the elaboration of a plan to combat religious discrimination, the delegation said that, to complete the country’s current legislation, the Council of Ministers had approved a preliminary draft on equal treatment and non-discrimination. Regarding the recommendation on the strengthening of cooperation to combat trafficking, Spain had adopted a Criminal Code bringing its legislation on this matter in line with international texts. As for Israel’s recommendation on the integration of the Gypsy community, the relevant action plan for 2010-210 which had been approved in April 2010 gave special attention to access of these people to education services and programmes and approached the question from different viewpoints.

TIAN NI (China) stated that at the outset, China wished to extend appreciation to the countries that had participated in its Universal Periodic Review. It had become an important platform where all countries were assessed on an equal platform. The Chinese delegation paid great attention to the protection and promotion of human rights in China and had been actively implementing recommendations issued under the Universal Periodic Review. China would like to continue to conduct constructive dialogue with other countries to encourage healthy cooperation on human rights.

MARGARITA VALEE (Cuba) noted that those who sought to criticize the Universal Periodic Review mechanism had forgotten the practices of confrontation, manipulation and selectivity that dogged the discredited old Commission for Human Rights. Cuba noted that the effectiveness and usefulness of the new mechanism was confirmed by the very few amendments needed during the revision process. Cuba noted that a clear and transparent method for the two reports to be prepared by the Office of the High Commissioner for Human Rights also needed to be considered if the international community was to improve the mechanism.

GEIR SJOBERG (Norway) said that it was essential to include all relevant actors in the reporting phase and when considering and implementing recommendations. Also, all States under review should clearly indicate which recommendations they accepted or not. Some States had not provided sufficient clarity in this regard, which only served to undermine the credibility of the Universal Periodic Review. For those countries which may have room for improvement in this regard, the voluntary mid-term reporting may be a possibility. Ideally, upon completion of each review, there should be final list spelling out clearly the acceptance/rejection of recommendations.

VLADIMIR CHIRINCIUC (Republic of Moldova) said the Republic of Moldova attached great importance to the Universal Periodic Review process. Due to its universality, the principles of the Universal Periodic Review should be applied to all UN Member States. The Republic of Moldova reiterated its support for the second round of the Universal Periodic Review mechanism to concentrate on the implementation of recommendations. This would allow for the mobilization of governments and civil society. It was up to all States to find a solution to the speakers’ list problem and other issues before starting the second round. The Republic of Moldova supported the extension of the universal character of the Universal Periodic Review as it concerned participation in the interactive dialogue and also supported extending the work of the Working Group. The Republic of Moldova advocated that national institutions accredited according to the Paris Principles should have a separate section for their contribution.

ALVARO ENRIQUE AYALA MELENDEZ (Colombia) reiterated Colombia’s opinion that the Universal Periodic Review was a valuable mechanism which should encourage steps to protect human rights in all countries. The Universal Periodic Review strengthened the process with an element of monitoring. Colombia underscored the actions that it had taken to implement recommendations linked to the rights of victims in Colombia. It noted that compensation had been provided to more that 1,600 families and that this was based on the Justice and Peace Act which enabled Colombia to address the rights of victims. It allowed the country to provide care and assistance to more than 4 million victims of violence.

ISMAYIL ASADOV (Azerbaijan) provided an update on the implementation of the accepted recommendations by Azerbaijan during the first cycle of the Universal Periodic Review process. On 31 May 2011 the Working Group of Azerbaijan on the implementation of the accepted Universal Periodic Review recommendations had held its first meeting to elaborate the current situation in that regard. The meeting was attended by representatives of several entities. One of the conclusions of that meeting was to submit to the Human Rights Council a mid-term report on the implementation of the recommendations by Azerbaijan in the coming months. Coming up with such an important and timely decision, the Government wished to demonstrate its persistent commitment to the protection and promotion of human rights. The Government believed that informing Members States of the sustained and logical measures taken by the Government regarding the Universal Periodic Review would further contribute to its effective and productive participation.

JEFFREY HEATON (Canada) said effective follow-up was essential to the credibility and success of the Universal Periodic Review mechanism. Canada, with other members of the fourth round of the Universal Periodic Review, had held an event to discuss the mechanism, which garnered successful feedback. Canada had benefitted from the dialogue involved in the Universal Periodic Review and would keep it in consideration in implementing the recommendations.

POOJA PATEL, of Asian Forum for Human Rights and Development (Forum-Asia), in a joint statement with Commonwealth Human Rights Initiative and Habitat International Coalition, noted that a high level national workshop had been held in which the Government of India and independent experts discussed the recommendations made to India in its first review. In this context the Asian Forum welcomed the commitment expressed by the Ministry of Foreign Affairs at the workshop to make the upcoming Universal Periodic Review process a wide ranging and genuinely inclusive exercise by engaging all relevant stakeholders in the country. The Indian Government must move on from merely engaging in formal description of legal requirements of international human rights instruments and view the Universal Periodic Review as a national process.

ANA MARIA RODRIGUEZ, of Colombian Commission of Jurists, said there had been a recent law in Colombia which aimed to dismantle the economic and political structures privileging armed groups. It remained to be seen how the authorities would conduct the necessary research. Victims had great expectations, notably with regards to land. The Colombian Commission of Jurists hoped that this project would be approved by the Government and called on the Human Rights Council to carefully monitor the issue.

PHILIP LYNCH, of National Association of Community Legal Centres, said the primary purpose of the Universal Periodic Review was to strengthen the promotion, protection and fulfillment of human rights on the ground in States under review. This required the development of institutions and mechanisms to ensure the effective implementation and monitoring on the ground. The National Association of Community Legal Centres’ recommendations included the establishment of inter-ministerial level Universal Periodic Review working groups. Effective implementation of recommendations required ongoing constructive dialogue and coordination between governments and civil society. Thus, mechanisms should include regular meetings and the appointment of non-governmental organization representatives. It was useful to establish and make publicly known focus points within governments. States should provide clear details as to their response to recommendations, including their acceptance or rejection. It was imperative that States developed concrete action plans for the implementation of recommendations. The National Association of Community Legal Centres wanted to point out the crucial role that non-governmental organizations based in Geneva played in working with domestic non-governmental organizations in the Universal Periodic Review process.

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