Human Rights Council adopts outcomes of Universal Periodic Review on Suriname, Greece and Samoa

Human Rights Council
AFTERNOON

22 September 2011

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review on Suriname, Greece and Samoa.

Martin P. Misiedjan, Minister of Justice and Police of Suriname, said the Universal Periodic Review had prompted an in-depth analysis of the national human rights situation in the country and that a significant number of the recommendations were accepted as they provided a sound foundation for the implementation of policies aimed at providing a more effective protection and enjoyment of human rights. Among the recommendations that could not be accepted were the claim to land rights and Mr. Misiedjan said the Government of Suriname would plan a land rights conference to provide a platform for all representatives of society to participate to gain consensus on this issue. Mr. Misiedjan said that even though a number of recommendations had not been accepted, the Government of Suriname would continue to work to improve the overall human rights situation in the country.

In the discussion on Suriname, speakers noted that Suriname had accepted the majority of the recommendations made, including those concerning strengthening the participation of women, combating the trafficking of minors, combating poverty and ensuring economic, social and cultural rights for vulnerable groups as well as setting up a national human rights institution in accordance with international standards. In terms of health, much work had been done in Suriname to reduce the transmission of HIV/AIDS from mother to child and in the fight against malaria. Speakers said that the international community should provide constructive assistance to help Suriname achieve the Millennium Development Goals.

Algeria, Cuba, United States, Uruguay and the United Nations Children’s Fund took the floor as well as the Canadian HIV/AIDS Legal Network.

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

Maria Telalian, Head of the Public International Law Legal Department of Greece, said that Greece considered the Universal Periodic Review as one of the most important innovations in the functioning of the universal human rights protection system. Overall, 112 recommendations were accepted and 14 were rejected. The Greek national asylum and migration management system was under unprecedented pressure and existing capacity and resources were under severe strain. Concerning the promotion of gender equality and the fight against domestic violence, the General Secretariat for Gender Equality had launched a National Action Plan on Substantive Gender Equality for the period 2011-2013, covering all spheres of social life. The fight against trafficking in human beings had continued unabated and on the situation of Roma, Greece was aware of the challenges that remained and said educational programmes were being implemented to enhance the access of Roma children to the educational structures of the State as well as to housing.
In the discussion on Greece, countries commended Greece for its commitment to the ratification of the Convention on the Rights of Persons with Disabilities, the efforts made in the areas of combating racism, xenophobia and human trafficking, and engagement in the field of international development cooperation. Speakers said Greece had worked to overcome one of the most serious multi-dimensional challenges in the field of the protection of human rights - irregular migration - and noted the efforts undertaken in this regard, such as the implementation of the national action plan on migration management.
Algeria, Armenia, Republic of Moldova, and Iraq took the floor as well as the Greek National Commission for Human Rights, European Region for the International Lesbian and Gay Federation, International Commission of Jurists, Human Rights Watch, Amnesty International, and Conscience and Peace Tax International.
The Council then adopted the outcome of the Universal Periodic Review on Greece.
The President of the Council said Samoa was not in a position to send a delegation to Geneva but had submitted an addendum to its Working Group report which provided additional information and clarification of its position taken on each recommendation. Out of 43 recommendations, the Government of Samoa accepted 34 and noted 9.
In the discussion on Samoa, speakers said the progress made by Samoa in relation to the realization of human rights despite the problems it faced in climate change and natural disasters as well as limited resources was commendable. Samoa had agreed to ratify the Convention on the Rights of Persons with Disabilities and to create a national human rights institution consistent with the Paris Principles. Speakers said that Samoa should be given adequate technical assistance to realize the acceptance of the recommendations in its Universal Periodic Review.

Algeria, Cuba, Morocco, and New Zealand made statements. Representatives of Canadian HIV/AIDS Legal Network and the European Disability Forum in a joint statement with Nuanua O le Alofa, also took the floor.

The Council then adopted the outcome of the Universal Periodic Review on Samoa.
The Council will reconvene on Friday, 23 September at 9 a.m. to resume its general debate on human rights situations that require the Council’s attention before moving on to the consideration of the outcomes of the Universal Periodic Review on Saint Vincent and the Grenadines, Sudan and Hungary.

Universal Periodic Review on Suriname

Martin P. Misiedjan, Minister of Justice and Police of Suriname, informed the Council that discussions regarding the recommendations made had prompted an additional in-depth evaluation of the national human rights situation by the Government of Suriname. A significant number of the recommendations made had been accepted after careful deliberation. A number of recommendations could not be accepted by the State. The issues that these recommendations pertained to were being analyzed. One such issue was the claim to land rights. Subsequent governments had each in there own way tried to address this. On the one hand were the claims made by the Maroon and indigenous peoples to the land which they lived on and cultivated for centuries. The other was that the Government deemed the entire territory of Suriname belonged to the State, with the exception of those instances in which a third party could prove otherwise. The issue had developed so that it had assumed the nature of a conflict between the Government on one side and the Maroon and indigenous peoples on the other. The need for a satisfactory solution was more pressing than ever. The land rights issue was an issue that concerned the entire nation. Land right conferences had been planned by the Government. The conferences strove to provide a platform for representatives from all areas of society to arrive at the redefinition of the issue, thus laying the groundwork for an environment in which the rights of all of Suriname’s citizens including those of Maroon and indigenous peoples could be secured.

Another highly sensitive issue was lesbian, gay, bisexual and transgender issues. The Government felt that the constitution of Suriname provided adequate protection from discrimination to all. Any attempt to embed specific rights of lesbian, gay, bisexual and transgender persons was doomed to failure without the support of Parliament. Any legislative initiative should be preceded by broad national discussions. A number of conventions could not be ratified as recommended by a number of members as these issues required broad national discussion, for example ILO Convention 169. Even though a number of recommendations were not accepted the Government was very much aware of the fact that they provided a challenge to improving the overall human rights situation in Suriname.

SIM MELLOUH (Algeria) welcomed the delegation of Suriname and noted that Suriname had accepted the majority of the recommendations made, including those presented by Algeria concerning strengthening participation of women, combating the trafficking minors, combating poverty and ensuring economic, social and cultural rights for vulnerable groups, and setting up a national human rights institution in accordance with international standards. Algeria hoped that Suriname would also reflect on the follow-up phase and on the implementation of the recommendations. The international community should provide constructive assistance to help Suriname achieve the Millennium Development Goals. Finally, Algeria wished Suriname success in the implementation of the recommendations.

YUMIRKA FERNANDEZ PALACIOS (Cuba) said the Government of Suriname had made major efforts to reduce the negative impact on human rights from the economic crisis and the unjust economic order. The efforts being made to reduce gender inequalities at home and in society were noteworthy as well as those taken to increase the participation of women in political life. In terms of health, work had been done to reduce the transmission of HIV AIDS from mother to child and Suriname was in the vanguard in the fight against malaria. Cuba congratulated Suriname on the acceptance of many recommendations made in the report, notably those on protecting the rights of vulnerable person, notably women and children, and those aimed at improving education.

JOHN C. MARITZ (United States) said the United States greatly appreciated the support given to Surinam to create a national conference on indigenous issues. The United States agreed with the guiding principle that all Surinamese citizens should be provided with equitable treatment and equal opportunity. The United States welcomed a constructive and respectful dialogue on lesbian, gay, bisexual and transgender issues in Suriname. The United States recommended that the Government of Suriname continued to consider legislation specifically protecting lesbian, gay, bisexual and transgender persons from all forms of discrimination.

FEDERICO PERAZZA (Uruguay) expressed thanks to the Government of Suriname for the report. Suriname was a country committed to the universal systems for the promotion and protection of human rights. The acceptance of recommendations provided a solid basis for future progress. Uruguay noted the commitment of Suriname to the conclusion of the process of ratification of the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, and the establishment of a national human rights institution in accordance with the Paris Principles. Finally, Uruguay urged Suriname to explicitly prohibit corporal punishment, to abolish the death penalty and to ratify the second Optional Protocol to the International Covenant on Civil and Political Rights.

KSENIA GLEBOVA, of United Nations Children’s Fund (UNICEF), said UNICEF welcomed the report of the Working Group of the Universal Periodic Review on Suriname and the endorsement by the Government of Suriname to conclude the ratification process of the two Optional Protocols to the Convention on the Rights of the Child and to improve access to education for children. The Government of Suriname should implement the new legislation pending, particularly concerning the Office of the Ombudsman as noted from the Committee on the Rights of the Child.

JOHN FISHER, of Canadian HIV/Aids Legal Network, said while the Canadian HIV/Aids Legal Network agreed that the constitution of Suriname protected the human rights of all Surinamese citizens, they encouraged explicitly including sexual orientation and gender identity. The Government should establish cooperation with lesbian, gay, bisexual and transgender organizations in Suriname for the development of laws, policies and programmes to combat discrimination. The Government of Suriname should take leadership in assuring dialogue around these matters on the notion that human rights applied to all were universal and that human rights were indivisible.

MARTIN P. MISIEDJAN, Minister of Justice and Police of Suriname, responding to some of the remarks put forward by non-governmental organizations and a few governments on the report, said he would like to clarify the issue of lesbian, gay, bisexual and transgender persons in Suriname. The Surinamese constitution provided equal rights to all its citizens and the Surinamese Government had not received any reports stating that lesbian, gay, bisexual and transgender persons suffered from discrimination, yet it looked forward to receive any written information in this regard. The constitution was there and everyone enjoyed legal rights on that basis. The Government looked forward to consider any written evidence concerning possible cases of discrimination. When implementing the agenda, the Government would solicit technical assistance from different non-governmental organizations and countries. Mr. Misiedjan once again thanked the Council. The Government of Suriname respected and appreciated the human rights of all its citizens but due to limited resources it was not always possible to enhance human rights in the way they would like to.

Universal Periodic Review on Greece

MARIA TELALIAN, Head of the Public International Law Legal Department of Greece, said that Greece considered the Universal Periodic Review as one of the most important innovations in the functioning of the universal human rights protection system. The report’s drafting was coordinated by the Ministry of Foreign Affairs in close cooperation with all Ministries involved in the promotion and protection of human rights and it focused on issues which had been the subject of particular attention by human rights mechanisms at the universal and regional level, as well as non-governmental organizations. During the drafting, a meeting was held with non-governmental organizations and the views expressed in the above consultation process were duly taken into consideration in the finalization of the Universal Periodic Review report. During the interactive dialogue, 48 delegations delivered oral statements. In total, 124 recommendations were formulated. Greece was able to immediately accept 97 recommendations which proved the readiness of the Government to acknowledge the challenges to be met and its commitment to continue its efforts to improve the level of protection of human rights. Only 9 recommendations were rejected, while 18 recommendations were left to be further considered by the competent authorities. Greece provided in writing its responses to the pending recommendations, among which 13 were accepted, 3 were rejected and 2 were partly rejected, as they referred to the signing and or ratification of different treaties. Overall, 112 recommendations were accepted and 14 were rejected.

Several delegations recommended the ratification of core human rights treaties. The relevant preparatory work was underway with regard to the Convention on the Rights of Persons with Disabilities and its Optional Protocol and the International Convention for the Protection of All Persons from Enforced Disappearance. The competent authorities were actively considering the issue of the designation of the national preventive mechanism, which would allow the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. However, Greece was not ready to sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Greece could not accept the recommendation to sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families because some of the Conventions’ provisions were not in harmony with existing European Union and national norms and policies.

A great number of delegations expressed their concerns about the situation of irregular migrants and asylum seekers. Ms. Telalian said that the Greek national asylum and migration management system was under unprecedented pressure and the existing capacity and resources were under severe strain. Greece was already implementing the National Action Plan on Migration Management. A flexible and decentralized mechanism had been established for a transitional period, with the participation of the United Nations Refugee Agency to clear the heavy backlog and ensure a rapid review of asylum requests. Five asylum committees were already in operation and Greece supported policies and initiatives based on the principle of fair sharing of responsibilities and solidarity and strove to enhance its cooperation on migration governance with international organizations.

The promotion of gender equality and the fight against domestic violence were priority issues for the Working Group. The General Secretariat for Gender Equality had launched a National Action Plan on Substantive Gender Equality for the period 2011-2013, covering all spheres of social life. The fight against trafficking in human beings had continued unabated, based on the four pillars of prosecution of the traffickers, protection of the victims, prevention, in particular through addressing the issue of demand, and partnership among all stakeholders, including non-governmental organizations. On the situation of Roma, Greece was aware of the challenges that remained and noted that the integrated action plan for the social integration of Greek Roma had yielded positive results, in particular in the field of housing. Educational programmes were being implemented to enhance the access of Roma children to the educational structures of the State. The legislative framework against hate speech and racism would soon be updated and strengthened through the transposition into the Greek legal code of a relevant European Union Council Framework Decision. Concerning the accountability of law enforcement personnel, a new law was adopted in 2011 which established an office within the Ministry of Citizens’ Protection, responsible for handling alleged instances of abuse by Police, Coast Guard and Fire Brigade offices.

BOUALEM CHEBIH (Algeria) said Greece had received an important number of recommendations. Algeria commended Greece for it commitment to the ratification of the Convention on the Rights of Persons with Disabilities, the efforts made in the areas of combating racism and xenophobia and human trafficking, and engagement in the field of international development cooperation. Algeria thanked Greece for accepting recommendations in this regard. Algeria would have wished to see acceptance of their recommendation relating to the ratification of the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in line with recommendation 1737 of the Council of Europe 17 March 2006. Algeria reiterated its appreciation of the contribution of Greece through official development assistance despite financial constraints. Algeria hoped the difficult economic situation Greece was facing would not affect the realization of economic, cultural and social rights in Greece.

GEORGE KOCHARIAN (Armenia) expressed appreciation for the efforts of Greece to overcome one of the most serious multi-dimensional challenges in the field of the protection of human rights, irregular migration. Armenia commended the steps which had been undertaken in this regard, such as the implementation of the national action plan on migration management. Armenia welcomed the readiness with which Greece accepted most of the recommendations. Armenia was particularly pleased to note that the recommendations of Armenia regarding ratification of the International Convention for the Protection of All Persons from Enforced and Involuntary Disappearances, as well as the ratification of the Optional Protocol of the Convention against Torture, enjoyed Greece’s support and had been accepted. Armenia was confident that Greece would continue its efforts to prevent human trafficking and to protect victims, as recommendations from other States had also been accepted. Armenia wished Greece success in the implementation of recommendations and in further strengthening its human rights protection policies.

VLADIMIR CHIRINCIUC (Republic of Moldova) said the Republic of Moldova commended Greece for maintaining good cooperation with civil society and international organizations in maintaining human rights mechanisms. The Republic of Moldova acknowledged the progress achieved in Greece in combating human trafficking, especially in women and girls. During the interactive dialogue, the Republic of Moldova appreciated the acceptance of the recommendations it had made and noted the steps the Government of Greece had taken to reduce stereotypical attitudes against women in the family through public awareness campaigns. Measures to increase women’s participation in political life, particularly in Parliament, were also welcomed.

MOHAMED ALI ALHAKIM (Iraq) said Iraq appreciated the major efforts made to improve the situation for inhabitants and improve the realization of the rights of the general population. Countries had presented more than 120 recommendations. Greece had accepted most of these. Greece was working to further human rights and fundamental freedoms notwithstanding the difficult economic circumstances it was going through.

KATHARINA ROSE, of Greek National Commission for Human Rights, commended the Council for the Universal Periodic Review process which provided an invaluable opportunity for constructive international scrutiny. Currently, large segments of the Greek population were severely affected by the consequences of the financial crisis and by the extremely harsh measures adopted by the Government. It was anticipated that this would have a negative impact on the protection of human rights, particularly of the most vulnerable. Greece had responded positively to many of the recommendations. However, the challenge was to reflect these commitments in legislation and policy, at this time of financial constraints and uncertainty. The Commission welcomed the Government’s acceptance of recommendations regarding the full implementation of the national action plan for the reform of the asylum system and migration management; and welcomed the pledge to progress ratification of the Optional Protocol of the Commission against Torture. It also approved Greece’s support to the recommendation on the ratification of the Convention on the Rights of Persons with Disabilities and welcomed Greece’s commitment to improve policy accountability. The Commission would advocate and report on the implementation of the commitments made and would request more clarity and firmness on the part of the Government vis-à-vis the realization of its pledges.

BJORN ROOZENDAAL, of European Region for the International Lesbian and Gay Federation, noted that Greece had accepted the recommendation to include sexual orientation as grounds for protection against discrimination and encouraged Greece to extend this protection to other fields. Sexual orientation and gender identity were different concepts that should not be confused and this should be explicitly recognized in legislation. The European Region recommended using the Yogyakarta Principles as a tool for policy development and to work closely with civil society organizations. It also commended Greece for considering the recognition of same-sex couples and its support to the joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity.

ALEX CONTE, of International Commission of Jurists, said the International Commission of Jurists urged Greece to review detention conditions for asylum seekers to ensure that they were fully in line with international standards and to ensure adherence with the principle of non-refoulement. Deportation should only be carried out after the completion of all legal remedies. Greece should ensure that conditions in detention centers complied with international human rights standards and it should accede to the International Convention on the Protection of the Rights of All Migrant Workers and their Families.

PHILIPPE DAM, of Human Rights Watch, said that migrants were generally detained without regard to their vulnerability and unaccompanied children, single women or mothers with children were kept jointly with unrelated adult men in overcrowded conditions, putting their safety at risk. Concerning combating impunity for ill-treatment, Greece should comply fully with the relevant recommendations it had accepted and create an independent complaints mechanism in conformity with international standards. Racist and xenophobic violence was a serious problem in Greece as evidenced by the targeted attacks on migrants in Athens in May 2011 which had left 25 people hospitalized.

MARIANNE LILLIEBJERG, of Amnesty International, welcomed Greece’s efforts to establish a fair and modern asylum system. Amnesty International had noticed a dramatic rise in attacks on third country nationals and it urged Greece to swiftly address issues of racism and xenophobia. Amnesty International was deeply concerned about unaccompanied minors including instances where they were detained among adults. There was a need for an effective framework regarding this. All unaccompanied children should be given a guardian and safe residence on arrival in Greece. Amnesty International encouraged the Government to establish an independent police complaint mechanism.

DEREK BRETT, of Conscience and Peace Tax International, said they regretted that there was no addressing of the issue of conscientious objection to military services. Several aspects of the provision on conscientious objectors fell far short of regional and international norms. There was strong evidence of discrimination between conscientious objectors based on the beliefs which their objection was based. Alternative civilian service was of disproportionate duration and some of the other conditions were punitive.

MARIA TELALIAN, Head of the Public International Law Legal Department of Greece, thanked delegations and non-governmental organizations for their comments and recommendations and reiterated that they would be considered by the Greek authorities for the improvement of the human rights situation in Greece. Concerning the remarks by the European Region for the International Lesbian and Gay Federation, Ms. Telalian noted that Greek legislation had included sexual orientation as grounds for protection against discrimination, emphasizing the fields of employment and education. Complaints concerning discrimination on the grounds of sexual orientation could be submitted to the Ombudsman; these groups were protected because the law forbade discrimination. The Greek Government was considering these matters but it was also an issue of the maturity of Greek society and the Government often followed the opinion of the people. Concerning the issue of conscientious objection, the civilian service was fulfilled under better conditions than the military service, and the majority of these objections were recognized by a decision of the Ministry of Defense after consideration by a committee. The majority of the members of this committee did not belong to the military, as a guarantee of its credibility and fair treatment. As a final note, Ms. Telalian assured that despite the economic crisis Greece would continue this dialogue with the Council and would aim to convince the Government to focus on the implementation of the recommendations.

Universal Periodic Review on Samoa

LAURA DUPUY LASSERRE, President of the Human Rights Council, read out an English text addendum with clarification conveyed by the Government of Samoa, saying that “out of 43 recommendations the Government of Samoa accepted 34 recommendations and noted 9 recommendations.”

SIM MELLOUH (Algeria) said Algeria saw the efforts by Samoa to make progress in relation to the realization of human rights despite problems it faced including climate change and natural disasters as well as limited resources. Many recommendations, including those by Algeria, were accepted or were already being implemented. Algeria’s recommendations that were accepted included accession to international human rights instruments, fighting all forms of racial discrimination and to take steps to fight against social problems including domestic violence and juvenile delinquency. Algeria hoped that Samoa would be given adequate assistance to realize the acceptance of these recommendations.

YUMIRKA FERNANDEZ PALACIOS (Cuba) said that during the review Samoa had provided information concerning its human rights situation. The threats and challenges posed by the adverse economic climate, climate change and the devastating impact of natural phenomena, such as hurricanes, and were addressed. Similarly, a number of measures taken and programmes implemented by the Government to protect human rights were stressed. Samoa was in the process of implementing communal plans and sensibilisation programmes in areas such as health, water and sanitation, nutrition, sexual and reproductive health and food security. Other areas such as women’s rights and persons with disabilities had also been addressed. Samoa aimed at creating jobs to promote economic growth.

MAJDA MOUTCHOU (Morocco) congratulated Samoa on the spirit of openness throughout the review. This was reflected in the significant number of recommendations accepted. Samoa had accepted four of Morocco’s recommendations including to ratify the Convention on the Rights of Persons with Disabilities, the creation of a national human rights institution consistent with the Paris Principles and to guarantee free primary schooling for children. As indicated by Samoa in its national report, Samoa would not achieve its objectives unless it received international funding and technical assistance.

WENDY HINTON (New Zealand) said that in May New Zealand took part in the review and was pleased to see that Samoa had accepted all but five of the recommendations. Among New Zealand’s recommendations was one that Samoa should establish a human rights monitoring mechanism or institution. New Zealand was pleased to learn that Samoa was in the process of drafting legislation that would lead to the establishment of a national human rights institution. Initiatives enhancing family safety, supporting victims and encouraging men to advocate against domestic violence were very positive steps. As a step along the way towards ratifying the Convention against Torture and its Optional Protocol, Samoa had implemented some prison reforms which included the establishment of a prison authority separate from the police. New Zealand’s final recommendation had related to education and the problem of child street vendors and it was pleased to see that Samoa was pursuing policies to combat this problem.

JOHN FISHER, of Canadian HIV/AIDS Legal Network, said Canadian HIV/AIDS Legal Network was disappointed that Samoa did not accept the recommendation to repeal the law that criminalized same sex sexual activity. Canadian HIV/AIDS Legal Network would appreciate an explanation as to how Samoa reconciled being a signatory to the declaration of the Human Rights Council in March on ending acts of violence, criminal sanctions and related human rights violations based on sexual orientation and gender identity, with the above mentioned position.

ELLEN WALKER, of European Disability Forum, speaking also on behalf of Nuanua O le Alofa, urged Samoa to undertake a full review of most of the existing policies and legislation for consistency with the rights of persons with disabilities. Discrimination based on disability needed to be re-evaluated in the light of the new approach to disability in the Convention on the Rights of Persons with Disabilities.

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