Human Rights Council adopts outcomes of Universal Periodic Review of Tajikistan, Tanzania and Libya

Human Rights Council
AFTERNOON 14 March 2012

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review on Tajikistan, Tanzania and Libya.

Rustam Mengliev, Minister of Justice of Tajikistan, pointed out that the Government had carefully considered the 131 recommendations it had received and a total of 104 had been accepted and seven rejected. Tajikistan accepted recommendations concerning acceding to the Convention on the Elimination of all Forms of Violence against Women, establishing the moratorium on the death penalty and those related to the rights of detainees. An appropriate legislative basis for gender equality had been established and a law on domestic violence was being developed. Tajikistan did not accept a number of recommendations to ratify or accede to relevant human rights international instruments, mainly because the country did not have sufficient financial and technical means to ensure implementation of its international obligations.

In the discussion on Tajikistan, speakers commended the Government for accepting most of the recommendations and for its focus on poverty reduction and combating drug trafficking. Speakers welcomed Tajikistan’s endorsement of recommendations related to the prohibition of corporal punishment of children, elimination of child labour, the introduction of a separate juvenile justice system and the moratorium on the death penalty. Some speakers remained concerned about the growing restrictions related to the liberty of conscience and belief, civil society organizations and independent media.

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

Algeria, Morocco and Cuba took the floor. United Nations Children’s Fund spoke on Tajikistan, as did Recontre Africaiine pour la Défense des Droits de l’Homme, Save the Children, Action Canada for Population and Development and Amnesty International.

Mathias Meinrad Chikawe, Minister of State in the President’s Office of Tanzania, said the Government had considered all 153 recommendations, accepted 107 in full, 13 in part and the remaining 33 were referred for further consideration or rejected. A Constitutional Review Commission had been established to coordinate and collect public opinion on the review of the Constitution and a draft national human rights plan would be ready in 2012. Concerning the recommendations related to lesbian, gay, bisexual and transgender discrimination and the abolition of bride prize and polygamy, these were rejected on the basis that they violated and infringed the cultural, religious and moral norms of Tanzanian society.

In the discussion on Tanzania, speakers welcomed the establishment of a national human rights institution and the initiative taken by the Government to accept hundreds of refugees. Tanzania’s commitment to the Universal Periodic review was shown by the large number of recommendations accepted. Speakers noted the voluntary commitments undertaken by the Government of Tanzania which included the implementation for the Millennium Development Goals and called on the international community to extend the necessary technical assistance and capacity building requirements to the country. Some speakers were concerned about high rates of gender-based violence in the country, saying that the existing laws did not provide for protection of the victims of domestic violence.

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

Cuba, Algeria, Morocco, South Africa, Botswana, Angola and Uganda took the floor. United Nations Children’s Fund spoke, as did the Tanzanian Commission on Human Rights and Administration and Good Governance, Cairo Institute of Human Rights Studies, Rencontre Africaine pour la defense des droits de l’homme, Save the Children International, and Franciscans International.

Wael Najem, Deputy Minister of Justice of Libya, said that the majority of the recommendations had been accepted except those which were in conflict with Islamic culture and customs. The Government planned to establish a number of bodies to review the recommendations after the Constitution was adopted. In the new Libya women were allowed to participate in the highest walks of life and the Government was committed to further improving the situation of women. Libya said it had established the National Reconciliation Commission and asked for the cooperation of countries in identifying those that had perpetrated violence. Libya appealed to the international community to release frozen assets of the country.

In the discussion on Libya, speakers said Libya had demonstrated a positive and constructive approach in accepting a number of recommendations. The Council should take seriously the substantive efforts in legislative, constitutional and institutional reforms including the law on transitional justice and the establishment of a national human rights institute. Speakers were concerned about the situation of migrant African workers and said measures should be taken to put an end to their mistreatment. Speakers said the minimum age for marriage should be raised and the worst forms of child labour should be eradicated.

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

Algeria, Morocco, Malaysia, United States, Kuwait, Italy, Uruguay, Egypt, Monaco, Jordan and Tunisia took the floor. Rencontre Africaine pour la Défense des Droits de l’Homme, United Nations Watch, Indian Council of South America, Organisation pour la Communication en Afrique et de promotion de la Cooperation Economique Internationale, and the World Organization against Torture also took the floor.

The Council will meet on Thursday, 15 March at 9 a.m. to consider the Universal Periodic Review on Swaziland, Trinidad and Tobago, and Thailand. During its midday meeting, the Council will consider the Universal Periodic Review on Ireland, Togo, and Syria.

Review of Outcome of Universal Periodic Review on Tajikistan

RUSTAM MENGLIEV, Minister of Justice of Tajikistan, pointed out that Tajikistan had carefully considered the 131 recommendations it had received; a total of 104 had been accepted and seven rejected. Tajikistan adopted the recommendation related to abolishing criminal responsibility for slander and would implement appropriate amendments to the Criminal Code. Appropriate legislative for gender equality had been established in the country. A law on domestic violence was being developed; it would present a definition of offences within the family sphere and would ensure that victims were provided with the necessary protection. Tajikistan accepted recommendations concerning the acceding to the Convention on the Elimination of all Forms of Violence against Women, implementing a moratorium on the death penalty and those related to the rights of detainees. Further, the Government adopted measures to ensure compliance of the Criminal Code with the freedom of assembly and freedom of conscience. On freedom of the press, a whole range of activities had been undertaken to ensure free space for media, including guaranteeing of freedom of expression and easier licensing for television and broadcasting.

Tajikistan did not accept a number of recommendations to ratify or accede to relevant human rights international instruments, mainly because the country did not have sufficient financial and technical means to ensure implementation of its international obligations. Other recommendations that the Government rejected included extending a standing invitation to Special Procedures, including to the Special Rapporteur on torture; alignment of the law on freedom of conscience and religious freedoms with international standards; and the participation of children in religious activities. In conclusion, Tajikistan said that it had already established a Working Group that was developing a National Action Plan on putting into place the Universal Periodic Review recommendations.

Algeria said that Tajikistan had made the promotion and protection of fundamental freedoms a priority and noted the Government’s high level focus on poverty reduction and its efforts to combat drug trafficking. Algeria commended the Government’s efforts to set up a national human rights institution, establish a national strategy against trafficking and to ratify the Convention on the Rights of the Child. Tajikistan would need international assistance to reach its millennium development goals.

Morocco commended Tajikistan for accepting most of the recommendations in its Universal Periodic Review, including on human rights education for State officials. Morocco reiterated its appreciation for the Government’s ratification of the Convention on the Status of Refugees which it said was good practice for other countries that housed refugees. Tajikistan had cooperated with treaty bodies and made significant efforts to protect the most vulnerable in society.

Cuba said it recognized the major work done by Tajikistan to promote universal access to health services and education and in food security. The Government had decided to ratify numerous conventions including the Convention on the Rights of the Child, its two Optional Protocols, the International Labour Organization’s Convention on preventing the worst forms of child labour and it had acceded without reservations to the Convention on the Elimination of Discrimination against Women. Cuba noted the Government’s use of alternative measures for minors in conflict with the law and commended Tajikistan for reducing poverty indicators over the last few years.

United Nations Children’s Fund welcomed Tajikistan’s endorsement of recommendations related to the prohibition of corporal punishment of children, elimination of child labour, and introduction of separate juvenile justice system. The United Nations Children’s Fund urged the Government to submit its overdue periodic reports under the two Optional Protocols to the Convention on the Rights of the Child.

Recontre Africaiine pour la Défense des Droits de l’Homme welcomed efforts to harmonize legislation with international standards. The organization noted with satisfaction the adoption of a moratorium on the death penalty but remained concerned about the growing restrictions related to the liberty of conscience and belief, civil society organizations and independent media.

Save the Children called on the Tajik Government to prioritize the creation of a separate system of juvenile justice, ratification of the Convention on the Rights of Persons with Disabilities, and the adoption of measures to alleviate the mass labor migration of the male population and the growing number of women-headed households.

Action Canada for Population and Development in a joint statement welcomed the attention of the Tajik Government to sexual rights and hoped it would further facilitate the change of documents and not require ring surgeries. Lesbian women continued to be forced into heterosexual marriages and the non-governmental organization urged the Government to protect all from violence based on sexual orientation and gender identity.

Amnesty International said that Tajikistan had taken the first step to address torture and should now prioritize recommendations to eradicate torture and other forms of ill-treatment and to ensure prompt investigations into all allegations of torture including deaths in custody. Torture was widespread in Tajikistan, particularly in pre-trial detention, and Amnesty International regretted that the Government rejected the recommendations to accede to the Optional Protocol of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

RUSTAM MENGLIEV, Minister of Justice of Tajikistan, in his closing remarks, said that Tajikistan would do its utmost to bring national legislation in line with international standards and instruments. Mr. Mengliev welcomed all organizations that expressed the wish to assist the Government in that area.

The Human Rights Council then adopted the outcome of the Universal Periodic Review on Tajikistan.

Review of Outcome of Universal Periodic Review on Tanzania

MATHIAS MEINRAD CHIKAWE, Minister of State in the President’s Office of Tanzania, said that Tanzania had considered the 153 recommendations, accepted 107 in full, 13 in part and the remaining 33 were referred for further consideration or rejected. The Constitutional Review Act was passed in 2011 and provided for the establishment of a Constitutional Review Commission responsible for collecting public opinion on the Constitution, which provided a clear modality of access for the public to give input in that process. The development of the draft national human rights plan, which was supported by the United Nations Development Fund, would be ready in 2012. The recommendations related to lesbian, gay, bisexual and transgender discrimination and the abolition of bride prize and polygamy were rejected on the basis that they violated and infringed the cultural, religious and moral norms of Tanzanian society. The Government was considering ascension to the Convention against Torture. The recommendation on the death penalty had not enjoyed the support of the Government as it would first require greater education of the public on the international trend on the death penalty. The concept of marital rape embedded in the recommendation on gender-based violence could not be accepted until a wider debate on the concept took place in the country. There were procedures and controls on the administration of corporal punishment to students, therefore the caning of students in school was viewed as a legitimate and acceptable form of punishment. Sensitive issues related to culture, traditions and religion had prevented the Government from accepting the recommendation on increasing the minimum age of marriage for boys and girls to 18 years. The term ‘indigenous people’ could not apply in the country as all people of African descent in Tanzania were indigenous; the Government was responsive to the needs of vulnerable people.

Cuba said Tanzania had to face major challenges due to the unfair economic order, particularly in the midst of an unprecedented economic crisis. Even so, major results had been achieved, including attainment of the Millennium Development Goal on universal primary education. Cuba congratulated Tanzania for having accepted many of the recommendations of the Working Group, including the recommendation presented by Cuba.

Algeria commended the progress made by Tanzania in its work towards democracy, development, promotion of peace, stability and sustainable development on the African Continent. Tanzania had clearly shown its engagement with the Universal Periodic Review in adopting the near totality of recommendations received during the interactive debate. Algeria recommended the adoption of the report submitted to the Council.

Morocco said Tanzania’s commitment to human rights was reflected in the efforts made by the Government and its people. That was demonstrated by the announcement made by the Government of the establishment of a national human rights institution. Morocco welcomed the initiative taken by Tanzania to accept hundreds of refugees. The strong expression of Tanzania’s commitment to the Universal Periodic review was further shown by the large number of recommendations accepted.

South Africa noted the voluntary commitments undertaken by the Government of Tanzania which included the implementation for the Millennium Development Goals and Government development strategies as well as the maintenance of peace, order and stability in the country. South Africa called on the international community to extend the necessary technical assistance and capacity building to Tanzania.

Botswana welcomed the decision by Tanzania to accept many of the recommendations made during the Working Group. Botswana was encouraged that the Government had accepted the recommendation to implement a national action plan on human rights and viewed that as an important decision that demonstrated the country’s commitment to the promotion and protection of human rights in a more systematic and predictable manner.

United Nations Children’s Fund called on the Government to prohibit violence against children in all settings, including corporal punishment as a judicial sanction in schools and in the home. Conditions of detention needed improvement. The Government should increase efforts to ensure equal access to quality education, including for children with disabilities, tackle school drop outs and change discriminatory laws and practices which excluded pregnant girls from school. The United Nations Children’s Fund would extend technical support to the Government.

Angola commended the Government of Tanzania for progress made, including the establishment of a Government of National Unity in Zanzibar and the policy of granting nationality to a number of African refugees. It was the first country in Africa to disseminate and complete a report on the rights of children. Angola appealed to the international community to support Tanzania’s health system. Angola recommended that the Council adopt the report on Angola.

Uganda commended the Government of Tanzania on the successful conclusion of the review process and noted that the vast majority of recommendations had been adopted. Tanzania had been successful in encouraging economic, social and cultural rights for its population. The East African Community had been engaged in supporting the implementation of recommendations and looked forward to working with the Government on agreed outcomes.

Commission on Human Rights and Administration and Good Governance said the Commission had been involved in the Universal Periodic Review process and initiated several debates related to the recommendations. The Commission had initiated follow up activities and monitored the implementation of the accepted recommendations. Conditions in detention facilities did not meet international and national standards, and there were still gaps in the juvenile justice system as well as in other human rights areas.

Cairo Institute of Human Rights Studies said the 2010 World Health Organization study claimed high rates of gender-based violence in Tanzania, but existing laws did not provide protection for victims of domestic violence. On the need to end excessive use of force by security forces in Tanzania, the Cairo Institute asked about the time scale for the establishment of a Commission to investigate that issue.

Rencontre Africaine pour la defense des droits de l’homme welcomed the progress of Tanzania in the achievement of the Millennium Development Goals and in the elimination of violence against women. The non-governmental organization remained concerned about the multiplication of cruel attacks and violence against women and albinos.

Save the Children International welcomed efforts to protect children’s rights by the Government of Tanzania but said it needed to take further action to protect their well-being. That included protection against sexual violence and violence within family, raising the minimum age for marriage, abolition of corporal punishment and eradication of the worst forms of child labour.

Franciscans International was pleased to see the Government of Tanzania had accepted the recommendations to establish an independent body for investigating complaints about the actions of law enforcement officials, to ensure separation of juveniles from adults in detention and to undertake effective measures to combat human trafficking, but was concerned by the reports of corporal punishment for children.

MATHIAS MEINRAD CHIKAWE, Minister of State in the President’s Office of Tanzania, said the Universal Periodic Review was an ongoing process and welcomed all those who were willing help Tanzania achieve a society where human rights were highly observed.

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

Review of Outcome of Universal Periodic Review on Libya

WAEL NAJEM, Deputy Minister of Justice of Libya, said that the majority of recommendations had been accepted as they were exactly what Libya wanted after the revolution, except those which were in conflict with Islamic culture and customs. The nature of the transitional period was such that the country had to wait a while before the recommendations could be implemented. The Government planned to establish a number of bodies to review the recommendations after the Constitution was adopted. Mr. Najem said in the new Libya women were allowed to participate in the highest walks of life and the Government was committed to further improving the situation of women. The role of the young people who had sparked the revolution was not forgotten; they would be given the opportunity to attain the highest positions.

People who had joined the revolution had not been hungry or poor; they had demanded their rights and freedoms and that was why the promotion and protection of human rights in the new Libya was the highest priority. Today Libya had a vibrant media and freedom of expression, with no censorship whatsoever. The Government intended to call on the expertise of the human rights mechanisms to assist in reviewing and addressing the findings of the international Commission of Inquiry, which could save time and effort for the United Nations. Libya had established a National Reconciliation Commission and asked for countries to cooperate in identifying perpetrators of violence. In closing, Libya appealed to the international community to release its frozen assets.

Libya then listed the recommendations that had been accepted; some had been rejected because they were incompatible with Islam. Recommendation number 23 was under scrutiny and Libya would address it after the Constitution was adopted.

Algeria said it took note of the important measures undertaken in a short time span which showed how committed the Government of Libya was to the promotion and protection of human rights. Most of the recommendations had been accepted and Algeria understood the position of Libya on questions that were not of a universal nature.

Morocco said Libya had shown its commitment to human rights while respecting the traditional culture of its people. The Government had accepted most of the recommendations that the former regime had rejected. The Council should take seriously the substantive efforts in legislative, constitutional and institutional reforms including the law on transitional justice and the establishment of a national human rights institute.

Malaysia said that the Government of Libya had demonstrated a positive and constructive approach in accepting a number of recommendations in its Universal Periodic Review. Malaysia noted with encouragement the Government’s preparedness to strengthen and deepen interaction with the relevant international human rights mechanisms.

United States welcomed the adoption of the majority of recommendations by Libya and looked forward to continuing cooperation with it in the current sensitive period. The United States appreciated the support of Libya in implementing a definition of torture consistent with international obligations and establishing domestic legislation to abolish torture. Libya’s attention to recommendations to combat discrimination against women and to promote women’s rights were welcomed and the United States hoped that Libya would make additional efforts.

Kuwait said that there was a very unique and special situation today as the report had been presented by the former regime and it was the national transitional Government accepting it in good will. It was commendable that the Government had accepted some of the recommendations that had been rejected by the former regime. Kuwait asked the Council to adopt the Universal Periodic Review for Libya.

Italy strongly encouraged the new Libya to be based on the rule of law and appreciated the authorities’ acceptance of recommendations the previous regime had rejected. Ensuring accountability for human rights violations was vital for the people of Libya and of the Mediterranean region, as was the protection of all segments of the society in the spirit of reconciliation. Libya should avail itself to the assistance that could be provided by the Office of the High Commissioner for Human Rights to that effect.

Uruguay said that Libya’s commitment to accepting many of the recommendations would improve the situation of human rights in the country. Uruguay encouraged the Government to accede to international human rights instruments including the Rome Statue, the Convention on Enforced Disappearances and to the second Optional Protocol to the International Convent on Civil and Political Rights on the abolition of the death penalty. Libya should extend an open invitation to all human rights mechanisms.

Egypt said that Libya had shown its commitment to international human rights and Egypt valued the efforts made by the Government to implement the recommendations it had accepted. The establishment of a national institute of human rights and the attention the Government had given to the rights of women who had suffered during the revolution were all important developments. Egypt stood ready to provide full support to Libya in its transition.

Monaco congratulated Libya on its return to the Human Rights Council and urged the Government to cooperate with the Commission of Inquiry and Special Procedures. Monaco highlighted the efforts taken by the new Government in Libya to promote democracy and human rights.

Jordan said that Libya was working hard to develop a legislative and institutional framework for human rights and fundamental freedoms and called on the Council to adopt the report. Jordan thanked Libya for accepting the recommendations including those not previously accepted by the old regime.

Tunisia said that the acceptance by Libya of the recommendations rejected by the old regime reflected the commitment of the new Government to the promotion and protection of human rights. The involvement of civil society in the elaboration of the report was commended. Libya would further consolidate the progress made since the revolution by electing a Parliament in June 2012. Tunisia called on the Council and the international community to support the efforts of Libya in that regard.

Rencontre Africaine pour la Défense des Droits de l’Homme said the situation of migrant African workers was alarming and measures should be taken to put an end to mistreatment. Libya should cooperate with the International Criminal Court so it could try those who had committed massive violations of human rights.

United Nations Watch said it had previously expressed its concerns about the report and recalled that the report contained many comments commending the Libyan State during the Qadhaffi regime. At the time of this report, Libya was an elected member of this Council in full standing. The 2010 review did not live up to basic standards.

Indian Council of South America said it was necessary to promote a system that created a balance between reconciliation and rebuilding political alliances and social structures. Tribal groups should be given due consideration in a government structure that would allow for their participation.

Organisation pour la Communication en Afrique et de promotion de la Cooperation Economique Internationale said that women in Libya had not been given new places in the Government and had to accept forced polygamy under the new regime. Women were still victims of the violations of their rights and Libya should redouble its efforts to strengthen the position of women.

World Organization against Torture, speaking in a joint statement, welcomed positive developments in Libya related to increased freedom of assembly, freedom of the press, and the abolition of special tribunals and extra judicial courts.

WAEL NAJEM, Deputy Minister of Justice of Libya, in concluding remarks, said the delegation was keenly interested in following up on all the constructive remarks, which would be the subject of study and attention.

The Council adopted the outcome of the Universal Periodic Review of Libya.

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