Human Rights Council
AFTERNOON

21 September 2011

The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review on Somalia, the Seychelles and the Solomon Islands.

Yusuf Mohamed Ismail, Permanent Representative of Somalia to the United Nations Office at Geneva, said that despite constraints and challenges, Somalia had engaged pro-actively with the United Nations Human Rights Council for the past three and half years, resulting in the adoption of five important resolutions and the outcome of the stand-alone interactive dialogue on technical assistance to Somalia in the field of human rights by the Council. Somalia was committed to making human rights the foundation of the transition for a new Somalia based on democratic values. The implementation of human rights could not be achieved by Somalia alone and cooperation and technical assistance to Somalia in the field of human rights was essential to make progress. A number of the 155 recommendations received addressed the right of life, ratification and accession to international human rights treaties, administration of justice, technical cooperation, freedom of expression, female genital mutilation, and national human rights institutions. Somalia urgently requested bilateral assistance and capacity building in order to make progress in the implementation of these recommendations.

In the discussion on Somalia, speakers said the key to long-term peace in Somalia depended on the establishment of effective government institutions based on dialogue and a commitment to peace. The current drought had affected 750,000 persons who were in danger of dying and speakers urged effective coordination of international assistance and the presence of the United Nations in the country. Speakers welcomed recommendations dealing with human rights violations during the conduct of hostilities by all parties and said many of the challenges the country faced were due to the fact that the authorities of the Transitional Federal Government controlled only part of the country. Speakers paid tribute to the positive attitude of the Government during the Universal Periodic Review Process and urged Member States to provide technical assistance and capacity building in order to have a real impact on the ground and a better future for the Somali people.

Algeria, Cuba, the United States, Saudi Arabia, Mauritania, Qatar, Morocco, Bahrain, Israel, United Arab Emirates, and Italy took the floor, as did the following non-governmental organizations: Rencontre Africaine pour la defense des droits de l’homme, Human Rights Watch, Amnesty International, and International Educational Development.

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

Sandra Michel, Secondary Secretary, Treaties and Consular Affairs Section of the Ministry of Foreign Affairs of the Seychelles, said that the Seychelles had found no impediment to acceding to the treaties in the recommendations but the Government would follow the appropriate process of consultation for treaty accession, giving it to the executive and legislative bodies for approval. All recommendations concerning gender and violence against women were accepted but the Government noted that laws were already in place against domestic violence in addition to a national domestic violence strategy. Concerning the recommendations on prison facilities with separate institutions for juvenile detentions, these would be submitted to the executive body for consideration in accordance with the standards established in the Convention on the Rights of the Child. The provision in the penal code for acts of sodomy had not discriminated against homosexuals and thus the Government would decide to what extent legislation would be amended to prevent discrimination against lesbian, gay, bisexual and transgender persons. Recommendations regarding health were accepted.

In the discussion on the Seychelles, countries said that the Seychelles had made progress on three recommendations on accreditation and strengthening of national human rights institutions, presenting outstanding reports to treaty bodies and putting an end to social problems including drug consumption. They had also made progress on Millennium Development Goals that was comparable to developed nations. Another comment was that they had suffered in the past from colonialism and had to deal with many challenges, including those related to globalization, climate change and piracy. As a result of over three decades of a development approach based on human beings, the Seychelles had achieved a breakthrough in human rights. The establishment of a Commission for the Media, a strategic plan for the judicial system and a code of conduct were all efforts put forth by the Government of Seychelles which indicated its support for the protection and promotion of human rights. A speaker noted that the constitution of the Seychelles prohibited discrimination on any grounds, including sexual orientation, although they remained concerned that section 151 of the criminal code could be used to penalize same sex activity between consenting adults.

Algeria, Cuba, and Morocco made statements. Representatives of Rencontre Africaine pour la defense des droits de l’homme and Canadian HIV/AIDS Legal Network also took the floor.

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

Peter Shanel Agovaka, Minister of Foreign Affairs and External Trade of the Solomon Islands, said that after the previous review session at the Council, the Solomon Islands held consultations with relevant government agencies and civil society to assess the recommendations. From a total of 115 recommendations, 111 recommendations were accepted, 1 recommendation was partially accepted and 3 recommendations were not accepted. The Solomon Islands could not fully accept recommendation 81.21 calling for change to its property and inheritance legal framework; it would consider amending the legal framework with regards to custody of children. Most of the perceived inconsistencies with international accepted standards of property ownership and inheritance were due largely to long defined customary law. While acknowledging and recognizing international human rights standards it would be too early to discuss decriminalizing sexual relations between consenting adults of the same sex. Such an issue required national consultations to address Christian doctrines and cultural perspectives on this issue, recommendations 81.49-81.51 on sexual relations between consenting adults of the same sex were not supported. The Solomon Islands would continue to work with relevant stakeholders to address some of these challenges constructively.

In the discussion on the Solomon Islands, speakers highlighted the enormous challenges it faced, including resolving an ethnic conflict to create stability and improving education and services for the population and called on the international community to assist the Solomon Islands in the implementation of the accepted recommendations in line with its national strategies. Some speakers noted efforts made concerning legislation for the protection of women. It was noted that the Universal Periodic Review placed a special burden on small States and the Solomon Islands was commended for its participation in the process. However, violence within the family continued to be seen as a private issue with the police reluctant to intervene. Women and girls in informal settlements risked physical and sexual violence when collecting water, bathing or using toilets at night. Some speakers expressed disappointed that the Solomon Islands were not ready to accept the recommendations to repeal all provisions which criminalized same-sex relations between consenting adults. Laws criminalizing same sex relationships ran counter to effective education programmes for HIV AIDS

Algeria, Cuba, Morocco, and New Zealand made statements. Representatives from Save the Children, Canadian HIV/AIDS Legal Network, Franciscans International and Amnesty International also took the floor.

The Council then adopted the outcome of the Universal Periodic Review on the Solomon Islands

The Council will hold a full day of meetings from 10 a.m. to 6 p.m. on Thursday, 22 September 2011. In the morning it will proceed with the consideration and adoption of the outcomes of Latvia, Sierra Leone and Singapore. During the midday meeting, the Council will resume its interactive dialogue on Belarus.

Universal Periodic Review on Somalia

YUSUF MOHAMED ISMAIL BARI-BARI, Permanent Representative of Somalia to the United Nations Office at Geneva, said that Somalia’s Government dedicated the Universal Periodic Review and its follow-up report to the Somali people, especially to the most vulnerable. The famine was aggravating the already dire situation. Somalia reminded the international community that the warning of a potential disaster had been made several times over the past 10 years. What was contradictory was the fact that Somalia had been in an emergency situation for 20 years. The prolonged internal armed conflict for over two decades had weakened Somalia’s legal, political and social infrastructure. On 6 September following consultations with all relevant stakeholders, the Ahlu Sunna Wal Jama’a movement had adopted a Roadmap for ending the transition before 20 August 2012, including security, constitution, reconciliation and good governance. The Government was committed to continue this pattern of consultation and inclusiveness and had invited Al-Shabaab to lay down their arms and join the Government at the table for peaceful negotiations and dialogue without preconditions.

Somalia welcomed and praised civil society for their valuable contributions; the new National Disaster Management Agency was made up entirely of individuals from Somali civil society. Despite constraints and challenges, Somalia had engaged pro-actively with the United Nations Human Rights Council for the past three and a half years, resulting in the adoption of five important resolutions and the outcome of the stand-alone interactive dialogue on technical assistance to Somalia in the field of human rights by the Council. In 2011 Somalia submitted and presented its Universal Periodic Review, it was the first time Somalia had been able to develop a National Report and engage with a human rights mechanism, productively and cooperatively since 1984. The lack of engagement of the past 25 years should not be read as a lack of interest or a lack of respect for human rights. Somalia was committed to making human rights the foundation of the transition for a new Somalia based on democratic values. The implementation of human rights could not be achieved by Somalia alone and cooperation and technical assistance to Somalia in the field of human rights was essential to make progress. It was critical that the key tasks in the Roadmap be accomplished on time.

The Government and people of Somalia were working to restore stability and human rights inside Somalia and speakers reiterated the importance of the stability of the region to the development of Somalia and its neighbours. Somalia expressed its gratitude to the African Union, United Nations and others for their assistance. A number of the 155 recommendations that were received addressed the right of life, ratification and accession to international human rights treaties, administration of justice, technical cooperation, freedom of expression, female genital mutilation, and national human rights institutions. The Government had paid the utmost attention and respect to each and every recommendation and was pleased to accept, or accept in part, all of them. Somalia urgently requested bilateral assistance and capacity building in order to make progress in the implementation of these recommendations. The adoption of Somalia’s Universal Periodic Review report marked the end of one cycle and the beginning of a new one. During the new cycle the Government was committed to focusing on sustainable humanitarian and development policies and progress. The new era must also focus on the implementation of the Council’s resolution, interactive dialogues and recommendations that had been welcomed during the last three and half years. Somalia looked forward to the outcome of the Office of the High Commissioner high-level technical assessment mission and to finding ways to move forward in cooperation.

BOUALEM CHEBIH (Algeria) said Algeria welcomed the acceptance by Somalia of all the recommendations received, including two from the Algerian delegation. As a result of the drought 750,000 persons were in danger of death in Somalia. Algeria had established an airlift contributing humanitarian aid valued at $ 10 million, including the equivalent of $ 3 million destined for Somali refugees. Assistance to combating famine would not be effective unless there was effective coordination. The presence of the United Nations was lacking in the field.

YUSNIER ROMERO PUENTES (Cuba) said Cuba welcomed the spirit of compromise that the delegation of Somalia had displayed in the Universal Periodic Review process. There was a healthy debate and discussion during the review of Somalia in the Working Group with the recognition of the challenges the country faced because the authorities of the Transitional Federal Government controlled only part of the country. Somalia’s problems were linked to its colonial past, and the international pillage and exploitation that had occurred. Many people in Somalia suffered from hunger, lack of food, hardly enough water to survive and a health system that had severe shortages resulting in negative health indexes for the country. Cuba said there should be a focus on the greatest areas of need and urged the international community to mobilize resources to support the country. Cuba commended Somalia for the acceptance of all the recommendations, especially those made by Cuba in the area of programmes for education, health and the promotion of peace.

JOHN C. MARITZ (United States) said the United States congratulated Somalia for its participation in the Universal Periodic Review despite significant challenges and noted that Somalia had accepted all recommendation. The United States looked forward to any information concerning partial acceptances. The United States believed that the key to long-term peace in Somalia depended on the establishment of effective government institutions based on dialogue and the commitment to peace; and welcomed recommendations dealing with human rights violations during the conduct of hostilities by all parties. The United States continued to condemn human rights and humanitarian law violations by all parties and the politicization of humanitarian assistance during the conflict; and underlined recommendations concerning the end of the use of children in armed conflict and appreciated any updates that Somalia may be able to present in the interim during the second cycle.

KHALID MOHAMMAD KARAKUTLY (Saudi Arabia) said the position reflected in the statement of Somalia portrayed the position that Somalia held with regard to human rights and its cooperation with the Universal Periodic Review. Somalia faced true challenges. Presenting a report to the Human Rights Council reflected Somalia’s keenness to realize human rights for its population, in particular working towards the realization of the right to food for the population. This could only be done through positive cooperation with international organizations and regional cooperation.

MINT MOHAMED OULD EL BOUKHARY KHADY (Mauritania) said Mauritania recognized the serious crisis that Somalia was experiencing and called on international organizations to intervene and assist the many thousands of women and children who were forced to flee the country due to famine and insecurity.

MANSOOR ALSULAITIN (Qatar) thanked Somalia for its presentation and commended the Somali Government for its efforts and commitment to strengthen human rights, positive outlook of cooperation with the Council. This indicated that the Government intended to give a new impetus to the respect of human rights. The international community should provide assistance to Somalia and other countries in the area facing serious difficulties. The capacity of the Government to implement the recommendations should be strengthened. Qatar thanked the Somali Government for its cooperation with the mechanism and for presenting its report.

MOHAMED ACHGALOU (Morocco) said that there was only one way of looking at the human rights situation in Somalia. This was from a humanitarian perspective. Somalia needed assistance and aid in order to reconstruct the country and its institutions. Tens of thousands had died so far and hundreds of thousands were at risk of famine. What the Somali people needed was assistance that was more than adequate. The Somali Government needed assistance to help protect its people’s right to life that was the foundation of all other rights.

BUDOOR AHMED (Bahrain) said Bahrain paid tribute to the positive steps taken by Somalia and welcomed the efforts made by the Government in areas such as education, health, water and awareness campaigns. Only through constructive dialogue with all parties concerned could the challenges in Somalia be overcome. Bahrain called on civil society to work harder with the Government to improve the lives of its citizens.

AHARON LESHNO-YAAR (Israel) expressed appreciation for the collaboration of the Somali Government with the task force of the Office of the High Commissioner for Human Rights. The situation in Somalia was complex. Somalia faced not only famine but also armed groups with links to terrorist groups which were committing violations to international law. The Government aimed at protecting the rights of the people under its control and the international community should provide assistance to Somalia in the field of human rights. In this regard, Israel looked forward for the results of the technical high-level mission. Israel urged members of the international community to provide technical assistance and capacity building, hoping to have a real impact on the ground and a better future for the Somali people.

OBEID AL-ZAABI (United Arab Emirates) said it was necessary to help Somalia to meet its challenges and meet Millennium Development Goals. In order to do this the report should be adopted to maintain the sprit of cooperation between this country and the Council.

LAURA MIRACHIAN (Italy) said Italy was heartened by the fact that Somalia had accepted all 155 recommendations received, in particular those related to a moratorium on the death penalty, the eradication of female genital mutilation and the accession to the Conventions on the Rights of the Child and on the Elimination of All Forms of Discrimination Against Women. Italy was and would remain actively involved in international efforts aimed at achieving reconciliation and stabilization in Somalia. In 2011, Italy granted over 9 million Euros in humanitarian aid to support food security and health programmes, ‘cash for work’ initiatives in agricultural and fishery sectors, and protection of displaced persons.

MANISH NAYAK, of Rencontre africaine pour la défense des droits de l'homme, welcomed the Somali delegation to the Universal Periodic Review and its work despite the deficiencies of the State and its institutions after two decades of civil war. Somalia found itself in a lamentable situation and facing enormous challenges, including the collapse of the State, famine, reconstruction of peace and justice and national cohesion. The organization suggested that urgent humanitarian assistance should be provided by the international community to populations affected by the crisis. Somalia should engage in a national dialogue with tribal leaders in order to prevent the propagation of fundamentalism.

HASSAN SHIRE, of Cairo Institute for Human Rights Studies, urged the Transitional Federal Government, Puntland and Somaliland institutions to prioritize the need for justice for serious violations of international humanitarian and human rights law. The Cairo Institute for Human Rights Studies welcomed the recommendation to establish an independent international commission of inquiry to investigate war crime and crimes against humanity. Civil society actors had been victims of indiscriminate violence, but they also had been targeted on account of their work. Along with Somaliland and Puntland, Somalia should respect and protect freedom of expression and end all practices that put this right at risk.

PHILIPPE DAM, of Human Rights Watch, said they thought the outcome of the Universal Periodic Review of Somalia was generally very positive. Recognizing the difficulties imposed by the conflict, Human Rights Watch remained concerned regarding alleged extrajudicial executions. The General Order of the Chief of Staff if implemented could do much to improve matters. The Transitional Federal Government should investigate any breaches of international humanitarian law. To truly bring an end to a culture of impunity an independent commission of inquiry must be established. A moratorium on the use of the death penalty should be undertaken. The military code should only conduct trials of military personnel.

MARIANNE LILLIEBJERG, of Amnesty International, said Amnesty International welcomed the recommendations made by States to Somalia, notably those concerned with accountability for war crimes and violations of international humanitarian law, the recruitment and use of child soldiers and the safety of journalists. Amnesty International urged the Government of Somalia to agree on an action plan to end abuses against children in armed conflict and to ratify the Convention on the Rights of the Child. Amnesty International welcomed the fact that Somalia accepted recommendations to investigate the deaths of journalists and to establish a moratorium on executions and to abolish the death penalty.

KAREN PARKER, of International Educational Development, said as valuable as the Universal Periodic Review process could be in certain circumstances, when a country was at its absolute breaking point, as was now the situation in Somalia, actions should go outside of its purview. The first responsibility of the international community was to provide immediate and adequate humanitarian aid and to undertake all possible means to deliver it to those in need. At present, there was a 70 per cent shortfall of the United Nations Consolidated Appeal. The outcome of the Universal Periodic Review on Somalia should consist of a recommitment of those States that pledged funds and the actual delivery of those funds so that the urgent humanitarian crisis in the country could be addressed.

YUSUF MOHAMED ISMAIL BARI-BARI Permanent Representative of Somalia to the United Nations Office at Geneva, said that Somalia had signed the Convention on the Rights of the Child in May 2002 and the Optional Protocol on children and armed conflict in 2005. The ratification process had started. Poverty prevailed across the entire Somalia. Approximately 33 per cent of Somalis lived on less than $ 1 a day, and 40 per cent of those people lived in rural areas. The current drought had pushed more than 3 million persons, mainly in the south of the country, into crisis, and 750,000 persons were at risk of dying in the next few months. Some 10,000 persons had already died, over half of whom were children. Recruitment of children into armed groups was caused by poverty and the lack of opportunities. A large per cent of children aged between 6 and 17 in Somalia were not attending school. The Government provided free and universal education to children and wished to open one school and one hospital every month to make sure that children could be educated. The Government needed international support to increase Somalis access to basic rights such as food, health, education and water. Against this background Somalia fully trusted that due attention would be given to their responses.

Universal Periodic Review of the Seychelles

SANDRA MICHEL, Secondary Secretary, Treaties and Consular Affairs Section of the Ministry of Foreign Affairs of the Seychelles, said that the concept of a great nation was not defined by its budget surplus or bank reserves but by the happiness index of its citizens which was a people centered development approach pursued by the Government of the Seychelles. The development of the tourism and fisheries sectors focused on human resource development which was the most precious resource of the Seychelles. The Government of the Seychelles wished to convey its special gratitude to the Human Rights Council, including the contribution of funds, to provide for the participation of the Seychelles authorities in the Universal Periodic Review process. The Government of the Seychelles had found no impediment to acceding to the treaties in the recommendations but the Government would follow the appropriate process of consultation for treaty accession, giving it to the executive and legislative bodies for approval. Concerning the National Human Rights Commission, it was recommended that it should be in accord with the Paris Principles and the Government of the Seychelles said that the Commission already abided by some of the Paris Principles and a change on the scope, function and power of the Commission would entail legislative and administrative amendments and the Government would review this proposal in due time.

Concerning a recommendation for monitoring elections, the Government of the Seychelles invited the human rights mechanisms to monitor elections in the country. Implementation of a recommendation for the preparation of the national reports for the International Covenant on Civil and Political Rights was ongoing and the Seychelles had agreed to extend a standing invitation to United Nations Special Procedures mandates. All recommendations concerning gender and violence against women were accepted but the Government noted that laws were already in place against domestic violence in addition to a national domestic violence strategy. The recommendation on the age of criminal responsibility was not accepted because according to the criminal code, below age seven, a child was not liable but a principle of limited liability applied to those between ages 7 and 16 and therefore for the time being the Government would not raise the minimum age of criminal responsibility. Concerning the recommendations on prison facilities with separate institutions for juvenile detentions, these would be submitted to the executive body for consideration in accordance with the standards established in the Convention on the Rights of the Child.

The provision in the penal code for acts of sodomy had not discriminated against homosexuals and thus the Government would decide to what extent legislation would be amended to prevent discrimination against lesbian, gay, bisexual and transgender women. Recommendations regarding health were accepted. Concerning recommendations on water, most households in the Seychelles received treated water from the public utility companies main supply, however during periods of inadequate rain fall, the public utility companies increased supply through desalination plants and draft plans to maximize the country’s use of water resources. The recommendation on persons with disabilities and their right to adequate housing was accepted. The Government of the Seychelles said that efforts to reintegrate offenders into society were ongoing and the recommendations in this area were accepted. The recommendation for the establishment of an independent police complaints commission would not be accepted because complaints against the police were largely on the grounds of poor service delivery rather than abuse. The recommendation to allow political opposition parities to participate freely in the political process was accepted and the recommendation to request necessary technical assistance and cooperation was accepted by the Government of Seychelles. Ms. Michel said the first Universal Periodic Review had been a fruitful and enriching experience for the Seychelles and the Government had made full use of this important process in its efforts to protect and promote human rights.

BOUALEM CHEBIH (Algeria) said the Seychelles had deferred its acceptance of recommendations until today and Algeria took note of the fact it had accepted three recommendations on accrediting and strengthening of national human rights institutions, presenting outstanding reports to treaty bodies and putting an end to social problems including drug consumption. Algeria congratulated the Seychelles on progress made on the Millennium Development Goals, some of which was comparable to developed nations. Algeria wished them well in combating the scourge of piracy that was a real security threat.

YUSNIER ROMERO PUENTES (Cuba) welcomed the delegation of the Seychelles and commended them for their positive participation in the Universal Periodical Review. The Seychelles was the smallest country in Africa and one of the smallest in the world. It had suffered in the past from colonialism and had to deal with many challenges, including those related to globalization, climate change and piracy. As a result of over three decades of a development approach based on human beings, the Seychelles had achieved a breakthrough in human rights. Rates of access to primary level education were close to 100 per cent. Adult literacy was 90 per cent. Immunization rates from birth to 23 months of age were 100 per cent. The social indicators of the Seychelles were among the highest in the region. Cuba had made a modest contribution to this progress; they had installed a medical institution in the country and sent medical students to study there. Cuba commended the Seychelles for accepting many of the recommendations made, including those by Cuba. They recommended the adoption of the report by the working group and wished all success to the people of the Seychelles in their social and political projects for the future.

MOHAMED ACHGALOU (Morocco) said Morocco noted the satisfactory results of the Government of the Seychelles for the achievement of human rights. The achievement of its Millemnum Develpoment Goals was a positive step and the Government’s recognition of the need to counter piracy and environmental degradation were important also important steps. The establishment of a Commission for the Media, a strategic plan for the judicial system and a code of conduct were all efforts put forth by the Government of the Seychelles which indicated its support for the protection and promotion of human rights.

SALIH KILIC, of Rencontre africaine pour la défense des droits de l'homme, noted the progress of the Government of the Seychelles with respect to the Millennium Development Goals. Rencontre Africaine pour la Défense des Droits de l'Homme was pleased to note the creation of a Secretariat concerning equality of the sexes and a National Commission for the protection of Children. Rape and violence were still a major problem. Serious external environmental factors and acts of piracy had major impacts on human rights. Fishing and tourism were the major industries and Rencontre Africaine pour la Défense des Droits de l'Homme called on the international community to provide assistance to the Seychelles to cope with the impact of climate change.

SHEHEREZADE KARA, of Canadian HIV/Aids, said they were pleased to note that the constitution of the Seychelles prohibited discrimination on any grounds whatsoever including sexual orientation. Canadian HIV/Aids remained concerned that section 151 of the criminal code might be used to penalize same sex activity between consenting adults. Canadian HIV/Aids asked when this might be repealed and what other steps could be taken to advance non discriminations on the grounds of both sexual orientation and gender identity.

SANDRA MICHEL, Secondary Secretary, Treaties and Consular Affairs Section of the Ministry of Foreign Affairs of the Seychelles, speaking with regards to the question from Canadian HIV AIDS Legal Network which concerned the timeframe for modifications to the law, said that in section 151 of the criminal court the repeal of the law would happen soon, it would not take a long time to repeal that section. Neither the Government nor the Seychelles society wanted it in their law any more. The second question concerned non-discrimination on grounds of sexual orientation and gender identity. The Seychelles believed that what needed to be done was to first disseminate, to repeal the provision in a criminal court, and then to understand the position of the Government concerning those persons. The fact that the outcome of the Universal Periodic Review would be published in a report, and that the position of the Government and the recommendations of other countries would be seen in this report, would be an important step in this dissemination. It would be an important step to make fairer provisions in the administrative rules of the Seychelles and to bring more protection to those persons.

Universal Periodic Review on the Solomon Islands

PETER SHANEL AGOVAKA, Minister of Foreign Affairs and External Trade, Solomon Islands, said that after the previous review session at the Council, the Solomon Islands had held consultations with relevant government agencies and civil society to assess the recommendations. A total of 115 recommendations were put forward to the Solomon Islands during the review session on 4 May 2011. The Solomon Islands accepted 8 recommendations and further supported 49 recommendation which were already implemented or in the process of implementation. The Solomon Islands was deeply committed to the international human rights standards and principles set out in United Nations conventions and treaties and recommendations 81.1 – 81.17 enjoyed the support. Concerning the need to incorporate and codify them into domestic law, and recognizing that the process of treaty reporting further provided guidelines for implementations of human rights, the Solomon Islands supported recommendations 81.18 – 81.35 and 81.38 on reporting to conventions and treaties and the implementation of human rights. With regards to protecting the rights of women and advancing gender equality, the Solomon Islands supported recommendations 81.19, 81.23-81.29, 81.47 and 81.52. The Solomon Islands had ratified the Convention on the Rights of the Child, and with the support of civil society and international organizations, had progressed to consider the means by which the standards and principles in the Convention could be implemented, thus supported recommendations 81.39-81.41, 81.45, 81.48 and 81.56-81-58. The Solomon Islands fully recognized the rights of persons with disabilities but was also deeply conscious of resource constraints that could cause difficulties in implementing certain economic, social and cultural rights, thus it would seriously consider recommendations 81.30 – 81.32. As an island that continued to experience the negative effects of climate change, the Solomon Islands supported recommendations 81.34 and 81.36 which called for measures in this regard. The Solomon Islands was committed to further facilitate the peace process, supported the recommendations to consider the promotion and protection of civil, political, economic, social and cultural rights; and the recommendations on legislative and judicial reform.

The Solomon Islands could not fully accept recommendation 81.21 calling for change to its property and inheritance legal framework; it would consider amending the legal framework in regards to custody of children. Most of the perceived inconsistencies with international accepted standards of property ownership and inheritance were due largely to long defined customary law. While acknowledging and recognizing international human rights standards it would be too early to discuss decriminalizing sexual relations between consenting adults of the same sex. Such an issue required national consultations to address Christian doctrines and cultural perspectives on this issue, recommendations 81.49-81.51 on sexual relations between consenting adults of the same sex were not supported. The Universal Periodic Review gave the Solomon Islands a unique opportunity to assume active dialogue between government and civil society. The Solomon Islands would continue to work hard to enhance and sustain this important relationship. The Universal Periodic Review also represented an important source of human rights expertise for the entire region. The recent Forum Leaders summit recognized the Universal Periodic Review process and supported governments in this initiative. Pacific Leaders had put in the forefront the issue of Sexual and Gender Based Violence with the recent establishment of a reference group to address the issue. Solomon Islands had begun discussions to study the establishment of the human rights institution. Solomon Islands would continue to work with relevant stakeholders to address some of these challenges constructively.

SIM MELLOUH (Algeria) said that during the Universal Periodic Review, the Solomon Islands had received 115 recommendations, eight were accepted immediately and 49 recommendations were considered as implemented or in the process of implementation. Algeria expressed satisfaction about the role of the Solomon Islands in promoting regional human rights initiatives and for its efforts in the fields of health and education, particularly within the framework of the promising National Development Strategy for 2011 – 2015. The Solomon Islands had formulated one recommendation in favour of intensifying efforts to allow better enjoyment of economic, social and cultural rights with special attention to combating poverty and improving protection of vulnerable social groups, particularly women and children. As a small island developing State, the Solomon Islands was facing challenges in the context of the negative impact of climate change and the constraints of the world economic crisis. Algeria reiterated a call to the international community to assist the Solomon Islands in the implementation of the accepted recommendations, in line with its national strategies and priority.

YUMIRKA FERNANDEZ PALACIOS (Cuba) said Cuba was pleased with the responsibility that the Solomon Islands had assumed during the Universal Periodic Review process. During the Working Group, the Solomon Islands highlighted the enormous challenges it faced, including resolving an ethnic conflict to create stability and improving education and services for the population. A Cuban medical brigade was in the county assisting with these efforts. Cuba commended the Solomon Islands for implementing many of the recommendations in the Universal Periodic Review, including those proposed by Cuba.

MAJDA MOUTCHOU (Morocco) commended the Government of Solomon Islands for its open and frank attitude during the Universal Periodic Review process. They noted with satisfaction the progress made within the field of human rights and to strengthen the role of civil society. The Solomon Islands had accepted 111 out of 115 recommendations. Morocco was aware of the difficulties the Solomon Islands might encounter in implementing those recommendations, due to their high levels of unemployment, poverty and climate change issues. These issues led to assistance for developing countries in following up the recommendations of their review. Morocco supported the Government of the Solomon Islands and wished them every success in implementing the recommendations.

LUCY RICHARDSON (New Zealand) said that among its recommendations to the Solomon Islands was that the Government should adopt legislation for the protection of women and New Zealand was pleased with efforts made in this area. New Zealand placed a priority on women’s development and welcomed efforts to increase women’s participation in Parliament. The Solomon Islands should become a party to the Convention against Torture. There was a burden placed on small States to participate in the Universal Periodic Review and New Zealand commended the Solomon Island’s active involvement in the process.

DAVINIA BONDI OVETTA, of International Save the Children Alliance, called on the Government of the Solomon Islands to address three issues. First, Save the Children noted the commitment of resources, including engagement with diverse constituencies and appropriate budget allocations. Secondly, Save the Children noted legislation to protect children from all forms of abuse, and to stem the growing exploitation of children. They also urged the Government to further develop social service provisions for at risk children, with an extension of services throughout the country. Third, Save the Children noted that the Government appeared unwilling to consider the human rights of same sex attracted people, and recognised that the cultural context of the Solomon Islands society did not condone same sex relationships. Nevertheless it was important that stigmatisation of same sex attracted people was challenged, and they urged the Government to do so.

JOHN FISHER, of Canadian HIV AIDS Legal Network, were particularly disappointed that the Solomon Islands was not ready to accept the recommendations to repeal all provisions which criminalised same-sex relations between consenting adults. Laws criminalizing same sex relationships ran counter to effective education programmes for HIV AIDS. The Network had two questions for the delegation. They welcomed that the Solomon Islands accepted recommendation 38 to repeal all provisions criminalizing sex between consenting adults. How would the Government balance this? Furthermore they noted that the delegation indicated further reform was too early to discuss. Could the delegation outline its plans for national consultations and when they would bring reform into law?

ENKELEDA PAPA, of Franciscans International, said Franciscans International was encouraged by the Government of the Solomon Islands’ open invitation to all mandate holders of United Nations Special Procedures to visit the county as well as its commitment to establish a committee to monitor the implementation of the accepted recommendations following this review. The Government should ensure that corporal punishment in the school and in the home, which was still prevalent, was duly prohibited and punished. It was the duty of the Government to inform its citizens of their basic human rights and there should be the introduction of human rights education into the school curriculum.

ANANDA REEVES, of Amnesty International, said it called on the Government of the Solomon Islands to implement fully its Gender Equality and Women’s Development Policy and the National Policy on Eliminating Violence against Women. However, violence within the family continued to be seen as a private issue with the police reluctant to intervene. Women and girls in informal settlements risked physical and sexual violence when collecting water, bathing or using toilets at night. Amnesty International urged the Solomon Islands to guarantee the right of women to live free from violence and discrimination and to guarantee their right to have access to clean water and adequate sanitation.

PETER SHANEL AGOVAKA, Minister of Foreign Affairs and External Trade, Solomon Islands, said as the Council knew, the Government of the Solomon Islands was only a year old, as of last month. The Solomon Islands policy was based on reform and advancement, and they were taking into account the concerns raised by Save the Children. He thanked Canadian HIV AIDS Legal Network for their concern. At the moment the Government needed to have a nationwide consultation on same-sex relationships. In November this year the Government would receive their 2012 budget and then would allocate funds for the national consultation on same-sex relationships. With regards to Amnesty International’s question on clean water and domestic violence; they had set up a unit at the police headquarters to look at domestic violence and to assist victims. They were working on providing clean water to the main town, and to the second largest town. The Solomon Islands hoped to set up the human rights institutions and those would help them to look at the issues raised today and try to address them.

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