Human Rights Council adopts outcomes of the Universal Periodic Review of Montenegro, United Arab Emirates and Liechtenstein

MORNING

7 June 2013

The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review of Montenegro, United Arab Emirates and Liechtenstein.

Suad Numanovic, Minister for Human Rights and Minorities of Montenegro, said that Montenegro had accepted 121 out of the 124 recommendations received during its second engagement with the Universal Periodic Review. Montenegro was moving ahead with legislative measures in line with international human rights expectations. Priorities included the improvement of election procedures, judicial reform and amendments of the criminal code to harmonize it with European norms. Victims’ rights had become central to criminal investigative procedures. Among other measures, a strategy for combating human trafficking had been adopted and new legislation on social services and childcare services had been introduced.

In the discussion on Montenegro, delegations recognised the importance that the country attached to the Universal Periodic Review. The acceptance of 121 out of 124 recommendations bore testimony to the attention paid by the Government of Montenegro to human rights and speakers appreciated efforts to promote the integration of the Roma and other minorities, to reform the judicial system, to protect the freedom of expression, to combat trafficking in persons, and to fight all forms of discrimination. Newly created institutions needed resources and the implementation of the new laws needed political determination.

Speaking in the discussion on Montenegro were Algeria, Council of Europe, Estonia, Morocco, Republic of Moldova, Romania, Slovakia, United States, and Viet Nam. The following non-governmental organizations also took the floor: COC Nederland, Save the Children International, and Amnesty International.

The Council then adopted the outcome of the Universal Periodic Review of Montenegro.

Anwar Mohammed Gargash, Minister of State for Foreign Affairs of the United Arab Emirates, said that the United Arab Emirates’ domestic and international efforts stemmed from its national values and cultural heritage, which enshrined justice, tolerance, equality and international responsibility. Out of 180 recommendations made, after taking time to carefully study them, the Government had accepted 100, partially accepted 7, noted 54, and rejected only 19. The few recommendations rejected were in conflict with its legal and cultural framework. The United Arab Emirates was about to finalise a law to protect migrant workers and would welcome with an open mind the questions and suggestions from all those present today.

In the discussion on the report of the United Arab Emirates, delegations said that the process had demonstrated that the United Arab Emirates was committed to strengthening human rights and noted the measures being taken with regard to migrant workers. Speakers encouraged the United Arab Emirates to continue to consolidate progress in the area of health, especially in relation to further reducing child mortality; combat the exploitation of children and child pornography; and fight contemporary forms of racism, xenophobia and discrimination. Speakers called on the United Arab Emirates to commit energy and resources to the promotion of the human rights for all, including women and migrants.

Taking the floor were Pakistan, Saudi Arabia, Sri Lanka, Sudan, Thailand, Venezuela, Viet Nam, Yemen, Algeria, Bahrain, Belarus, and Benin. In the discussion on the United Arab Emirates the following non-governmental organizations also participated: Human Rights Watch, Association for the Prevention of Torture, Geneva Infant Feeding Association, Indian Council of South America, Comité International pour le Respect et l’application de la Charte Africaine des Driots de l’Homme et des Peuples, and Maarij Foundation For Peace and Development, Action Internationale pour la paix et le développement dans la région des Grands Lacs, Amman Centre for Human Rights Studies, and Amnesty International also spoke.

The Council then adopted the outcome of the Universal Periodic Review of the United Arab Emirates.

Peter Matt, Deputy Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said that after careful consideration Liechtenstein had accepted 70 of the 85 recommendations it had received. Recommendations regarding the International Labour Office had been rejected because Liechtenstein was not a member of the International Labour Office and, owing to a lack of resources, had no plans of joining. Liechtenstein had accepted all recommendations concerning trafficking in persons and efforts were also being made to promote gender equality and to eliminate discrimination against women. The Government had also increased cooperation with civil society.

Speakers recognised that Liechtenstein had achieved progress in areas such as the integration of foreigners, inter-religious and inter-cultural understanding, efforts to combat racism and xenophobia, and improving women’s equality of chances. Further efforts were still needed to fight racial discrimination and to ensure the integration of migrants. The adoption of legislation to fill the gap on legal norms that explicitly prohibited racial discrimination was also recommended. Concerns were expressed at the deterioration of developments towards the implementation of a national human rights institution and the lack of funding for the Office of Equal Opportunity.

Speaking in the discussion were Libya, Viet Nam, Algeria, Council of Europe, Ecuador and Morocco. Amnesty International also took the floor.

The Council then adopted the outcome of the Universal Periodic Review of Liechtenstein.

The Human Rights Council this afternoon will hear an address from Arsène Sende, Minister of Justice of the Central African Republic, and resume its general debate on human rights situations requiring the Council’s attention. It will then start its general debate on its subsidiary bodies and mechanisms.

Consideration of Outcome of Universal Periodic Review of Montenegro

SUAD NUMANOVIC, Minister for Human Rights and Minorities of Montenegro, said Montenegro had received 124 recommendations during its second engagement with the Universal Periodic Review in January and it had accepted all but three of them. Therefore Montenegro was moving ahead with legislative measures in line with international human rights expectations. Montenegro welcomed the mandate of the Special Procedures that would assist it in implementing these measures. Priorities included the improvement of election procedures, judicial reform and amendments of the criminal code to harmonize it with European norms. Victims’ rights had become central to criminal investigative procedures. A strategy for combating human trafficking had been adopted. The task of resolving the status of internally displaced persons was underway. Likewise, a draft law was being developed with regard to statelessness and institutional assistance to this group was being offered. Montenegro was committed to fighting discrimination against vulnerable groups and amendments were being made in the legislature to address reforms needed in this area. Lesbian, gay, bisexual and transgender rights was a priority for Montenegro and it was working hard to promote and protect them, including by mounting public awareness campaigns. Ethnic harmony was a goal, particularly with regard to the promotion and protection of the rights of Roma in Montenegro.

In the field of promoting women’s rights and gender equality, Montenegro was committed to women’s economic empowerment and combating violence, including domestic violence, against women. New laws on social services and childcare services had been introduced. Day-care centres had been set up in six municipalities for children with disabilities and more were planned. The protection of religious freedoms was being legislated for. Montenegro supported the Human Rights Council and adhered to its human rights obligations with full commitment. It would work for the furtherance of human rights through the mechanisms of the Council and in association with non-governmental organizations. Montenegro would work hard to implement the recommendations of the Universal Periodic Review.

Algeria said that Montenegro’s report showed the high level of importance that the country attached to the Universal Periodic Review. Algeria appreciated Montenegro’s efforts to promote the integration of the Roma and other minorities. Algeria commended Montenegro on its reform of the judicial system, on efforts to protect the freedom of expression, and on steps taken to combat trafficking in persons and all forms of discrimination.

Council of Europe said that it had noted with appreciation steps taken by Montenegro to combat discrimination, corruption and domestic violence and to protect the right of minorities and the freedom of expression. Newly created institutions needed resources and the implementation of the new laws needed political determination.

Estonia commended Montenegro on its active participation in the Universal Periodic Review process. Montenegro had shown its commitment to making further efforts to improve anti-corruption laws and regulations. The training of judicial officers would have a positive impact. Montenegro should strengthen efforts to resolve pending cases of violence against journalists.

Morocco welcomed the constructive engagement of Montenegro with the Universal Periodic Review process and commended the Government on progress made in combating corruption and promoting the integration of Roma in society. Montenegro had accepted almost all the recommendations put to it, including two made by Morocco.

Republic of Moldova applauded Montenegro for its engagement with the Universal Periodic Review mechanism. It welcomed the commitment to prevent and eliminate domestic violence against women through appropriate measures and amendment of laws, and its progress in fighting cybercrime, especially child pornography on the internet.

Romania said it was particularly encouraged by the open attitude of the delegation of Montenegro throughout the Universal Periodic Review process. Romania noted the progress of Montenegro in difficult but important areas, including internally displaced persons and fighting against discrimination.

Slovakia said that the acceptance of 121 out of 124 recommendations bore testimony to the attention paid by the Government of Montenegro to human rights in the country. Slovakia stood ready to continue rendering its cooperation to Montenegro’s endeavours.

United States commended Montenegro for the efforts it had made to protect the rights of lesbian, gay, bisexual and transgender persons. It looked forward to continue to work together at the Human Rights Council and in Podgorica on the full range of human rights issues.

Viet Nam noted with satisfaction the commitment that Montenegro had shown to human rights through its exemplary engagement with the Universal Periodic Review. It was pleased that Montenegro had adopted the recommendation that Viet Nam had made.

COC Nederland welcomed Montenegro’s adoption of the Universal Periodic Review recommendations concerning the rights of lesbian, gay, bisexual and transgender persons. However, more could be done to sanction politicians who had made homophobic statements and promote a culture of tolerance through educational means.
Save the Children International praised Montenegro for adopting the wide slate of recommendations regarding children’s rights. However more could be done to help the registration of children born outside health facilities, notably Roma children, and more work could be done to raise awareness of violence against children among healthcare and social services professionals.

Amnesty International noted that Montenegro said that it had already implemented some recommendations concerning the sentencing of defendants and other judicial processes although in practise there had been cases where international law had not been observed. Meanwhile, Montenegro was urged to make sure the rights of displaced Roma and Kosovars were assiduously protected.

SUAD NUMANOVIC, Minister for Human and Minority Rights of Montenegro, in concluding remarks emphasized the continuing efforts made in the fight against corruption and said that more than 90 per cent of judges had already received training in that respect. Another top priority of Montenegro was to protect minorities. The Government was offering assistance to vulnerable groups, particularly Roma children, and housing was being constructed for more than 6,000 persons. Other minority groups on which Montenegro was focusing were women and persons with disabilities. Montenegro was working hard to ensure that its strategies and action plans were not affected by the global financial crisis. Regarding court proceedings mentioned by Amnesty International, Montenegro was the first country in the region to pay damages in 143 deportation cases. Montenegro was determined to become a role model for post-war reconciliation in the region and would continue working towards European Union membership.

The Council then adopted the Universal Periodic Review outcome of Montenegro.

Consideration of Outcome of Universal Periodic Review of the United Arab Emirates

ANWAR MOHAMMED GARGASH, Minister of State for Foreign Affairs of the United Arab Emirates, said that the domestic and international efforts of the United Arab Emirates stemmed from its national values and cultural heritage, which enshrined justice, tolerance, equality and international responsibility. Out of 180 recommendations made, after taking time to carefully study them, the United Arab Emirates had accepted 100, partially accepted 7, noted 54, and rejected only 19. The few recommendations rejected were determined to be in conflict with the legal and cultural framework of the United Arab Emirates. In the field of continuing legal and legislative reforms at the national level, a new law to guarantee better protection for children in accordance with international standards was in the final stages of approval. The Government was in the process of amending its law on combating human trafficking in order to provide greater safeguards, and was advancing rapidly to introduce partial amendments to the media law that would aim to guarantee the freedom of expression and freedom of the press. The competent authorities were preparing the necessary studies to consider the withdrawal of a number of reservations to the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women. The Cabinet would also be asked to approve accession to the two Optional Protocols to the Convention on the Rights of the Child. In the area of promoting gender equality and women’s empowerment, the United Arab Emirates was in the final stages of updating the national strategy for the advancement of women for the period 2013-2017.

The United Arab Emirates had decided to support the United Kingdom’s important initiative to combat sexual violence in conflict situations and earlier this month it had pledged $ 1 million towards capacity building in Somalia for this purpose. It would also support initiatives to promote the right to education for girls in various low-income countries. On human trafficking, with each passing year its strategy to counter this crime was becoming more robust and it was achieving encouraging results. It had sought and would continue to seek to develop its labour laws in order to improve the living conditions for foreign workers, especially domestic workers. The United Arab Emirates was about to finalise a law to protect these workers. It would welcome with an open mind the questions and suggestions from all those present today.

Pakistan said it was happy to note the United Arab Emirates’ commitment to the Universal Periodic Review and its welcome adoption of the majority of the recommendations.
Saudi Arabia thanked the United Arab Emirates’ clarification of certain points in the presentation and said that the process demonstrated that the United Arab Emirates was committed to strengthening the human rights context of the Emirati people.

Sri Lanka said it was pleased that its recommendation had been accepted by the United Arab Emirates, and particularly noted the measures being taken with regard to migrant workers.

Sudan said that the United Arab Emirates had shown its sincere commitment to the Universal Periodic Review process by implementing the majority of the recommendations to the benefit of its citizens.

Thailand said that it appreciated the careful consideration which the United Arab Emirates had given to the recommendations put to it, including Thailand’s recommendations on combating trafficking in persons and on improving the situation of migrant workers.

Venezuela said that the United Arab Emirates had shown reliable proof of its commitment to the promotion and protection of human rights, and encouraged it to continue to strengthen its efforts to consolidate progress in the area of health, especially in relation to further reducing child mortality.

Viet Nam noted with satisfaction that the United Arab Emirates had taken a series of measures following up on its second Universal Periodic Review last January. Viet Nam encouraged the United Arab Emirates to continue to commit energy and resources to the promotion of the human rights of all, including women and migrants.

Yemen said that the United Arab Emirates had made significant progress in translating human rights concepts into reality, and noted in particular efforts made to strengthen the rights of workers and to combat the exploitation of children and child pornography, contemporary forms of racism, xenophobia and discrimination.

Algeria welcomed that the United Arab Emirates had accepted many of the recommendations made, including two recommendations from Algeria. It had also strengthened the human rights of migrant workers and increased the involvement of women in civil and political life.

Bahrain called on the United Arab Emirates to continue to positively cooperate with human rights mechanisms. It highlighted the acceptance of most of the recommendations, including those submitted by Bahrain calling for harmony of national legislation and international protocols and conventions that it had ratified.

Belarus expressed satisfaction at the fact that the United Arab Emirates had accepted most of the recommendations, including one that Belarus had proposed. Belarus valued efforts by the United Arab Emirates in combating trafficking in persons and the accession to the Palermo Protocol, as well as efforts to expand opportunities for women.

Benin welcomed the United Arab Emirates’ adoption of national legislation and plans in relation to the elderly, migrant workers and care for children of unknown parents. Benin hoped that measures would be taken to ensure the empowerment of women. Bahrain recommended the adoption of the outcome report.

China thanked the United Arab Emirates for its feedback on the Universal Periodic Review and underscored the remarkable achievements the United Arab Emirates had made in its furtherance of the human rights agenda in its country.

Cuba welcomed the delegation of the United Arab Emirates and noted with pleasure the sustained pace with which the United Arab Emirates had committed itself to developing the human rights agenda. Cuba expressed thanks for the acceptance of its recommendation with regard to progress in sanitation services in the country.

Human Rights Watch said it had documented numerous abuses of human rights in the United Arab Emirates including instances of torture within the penal system. The United Arab Emirates’ claim to have balanced security and freedoms was false as there had been many allegations of such malpractice as the holding of secret trials and other abuses.
Association for the Prevention of Torture said it was pleased with the commitment by the United Arab Emirates to look into its imprisonment procedures and hoped that it meant that the United Arab Emirates was serious about upholding its recently adopted treaty obligations. The Association remained concerned, however, about allegations of torture.

Geneva Infant Feeding Association noted that the United Arab Emirates had a high rate of institutionalized births, and said that good progress had been made in creating child-friendly hospitals. However, the lack of standard employment policies meant that migrant workers often had no leave to go back home and visit their children, which was a matter of concern. Moreover, maternity leave was too short.

Indian Council of South America said that Arab countries should continue to support individuals’ right to self-determination. The United Arab Emirates needed to improve its record in that respect, should address violations of the right to freedom of expression, and should consider imposing a moratorium on executions with a view to abolishing the death penalty.

Comité International pour le Respect et l’application de la Charte Africaine des Driots de l’Homme et des Peuples said that the United Arab Emirates was committed to taking steps to promote the right to education and to enhance the protection of women’s rights. It was important to note and underline that the country was providing substantial financial support to several African countries through aid programmes.

Maarij Foundation For Peace and Development said that further efforts were needed to improve the legislative framework of the United Arab Emirates, provide a specific response to the needs of women, and set a timeframe for establishing a national human rights institution in accordance with the Paris Principles. There should also be closer coordination between governmental bodies and non-governmental organizations in the country.

Action Internationale pour la paix et le développement dans la région des Grands Lacs said that the course taken by the United Arab Emirates since 2008 and efforts made in various areas of human rights had to be applauded, particularly in the areas of tackling trafficking in persons, migrant workers, children’s rights, and the empowerment of women.

Amman Centre for Human Rights Studies commended the United Arab Emirates’ accession to the United Nations Convention Against Torture. There were, however, concerns regarding fair trial, freedom of association and torture, and these should be addressed.

Amnesty International said that only one State had raised the issue of due process in the United Arab Emirates, which was a serious issue of concern. Amnesty International urged the Government to drop any charges solely related to the right of freedom of association and immediately release all those detained on this basis, and allow international monitoring.

ANWAR MOHAMMED GARGASH, Minister of State for Foreign Affairs of the United Arab Emirates, in concluding remarks said that comments and support made were very encouraging. The United Arab Emirates had very clearly tackled three main issues, on continuous improvement of labour conditions, the issue of empowerment of women which was also paramount in a region where this was under constant threat, and thirdly religious tolerance. Its record on religious tolerance was unparalleled in the Middle East. The trial in the United Arab Emirates mentioned by some organizations involved a serious threat to its national security by individuals advocating the overthrow of the Government. The trial was carried out with the procedures in place in the United Arab Emirates and met or exceeded international standards. A judgment was expected to be issued on 2 July 2013. The accused were represented by their freely-selected council. The United Arab Emirates had just replied to a letter from five Special Rapporteurs. Its Constitution and national legislation banned and criminalized torture and all forms of inhuman, cruel or degrading treatment. Any claim of torture was dealt with in accordance with its laws. The Universal Periodic Review process gave many countries a roadmap towards examining their human rights records, creating benchmarks, and served as a guide for the next review. It fully believed in this process and thanked all countries and organizations for their comments and interest in what the United Arab Emirates had been doing.

The Council then adopted the outcome of the Universal Periodic Review of the United Arab Emirates.

Consideration of Outcome of Universal Periodic Review of Liechtenstein

PETER MATT, Deputy Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said that after careful consideration Liechtenstein had accepted 70 of the 85 recommendations it had received. Recommendations regarding the International Labour Office had been rejected, not because of their content but because Liechtenstein was not a member of the International Labour Office and, owing to a lack of resources, had no plans of joining. Nevertheless, Liechtenstein had incorporated all relevant European Union legislation into national laws. Concerning the recommendations relating to anti-discrimination legislation, the country’s constitution did not expressly guarantee equality of all persons before the law but its Constitutional Court had recognized equality in a number of judgments, which also applied to foreigners.

Liechtenstein had accepted all recommendations concerning the issue of trafficking in persons and had increased prevention efforts in that respect over the past few years. Efforts were also being made to promote gender equality and Liechtenstein was working hard to eliminate discrimination against women. As a country with a very high number of foreign citizens, Liechtenstein attached high importance to immigration matters. It was currently implementing a comprehensive integration policy for foreigners and was further strengthening measures against racism, focusing in particular on right-wing extremism. Liechtenstein had also increased cooperation with civil society and was engaging in constructive dialogue with non-governmental organizations.

Libya said that Liechtenstein had registered many developments and progress in the area of human rights. Libya highly valued all the measures it had taken for the promotion of the integration of foreigners, combating discrimination, and improving women’s equality of chances. Libya recommended the adoption of the outcome document.

Viet Nam said that it was pleased to see that Lichtenstein had accepted a large number of recommendations, including recommendations made by Viet Nam. Much had been done so far and Viet Nam agreed that further efforts were still needed in fighting racial discrimination and ensuring social integration for migrants.

Algeria noted with satisfaction Lichtenstein’s acceptance of many recommendations made, including one made by Algeria on the setting up of a national human rights institution. It welcomed measures to improve inter-religious and inter-cultural understanding and efforts to combat racism and xenophobia.

Council of Europe welcomed Lichtenstein’s new actions taken such as the adoption of the new Asylum Act as well as the establishment of new independent institutions. It joined France in its recommendation on the adoption of legislation to fill the gap on legal norms that explicitly prohibited racial discrimination.

Ecuador acknowledged the work of Liechtenstein in the second cycle of the Universal Periodic Review and efforts made towards the implementation of recommendations, including those concerning the establishment of an institution with the mandate to process human rights complaints. Ecuador regretted the fact that Liechtenstein had not yet ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

Morocco congratulated Liechtenstein on the large number of recommendations that it had accepted, and noted with satisfaction that Liechtenstein was engaged in a process of political consultation to create a national human rights institution. It was important to take measures related to the prevention of discrimination.

Amnesty International welcomed the acceptance of recommendations concerning the establishment of a national human rights institution under the Paris Principles; however, Amnesty International expressed concern about the deterioration of developments towards the implementation to this end and lack of funding for the Office of Equal Opportunity.

PETER MATT, Deputy Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said that the second Universal Periodic Review cycle and the interactive dialogue had served as a useful tool for Liechtenstein to develop its human rights policy. Liechtenstein thanked all States that participated in the dialogue and was aware that the adoption of the outcome was only the starting point for the implementation of recommendations. Liechtenstein would continue to attach efforts to the promotion of human rights and remained committed to the Universal Periodic Review process.

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