Human Rights Council adopts outcomes of Universal Periodic Review of Iraq, Madagascar and Slovenia

Human Rights Council 
AFTERNOON

19 March 2015

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review of Iraq, Madagascar and Slovenia.

Hassan Janabi, Head of the Human Rights Department, Ministry of Foreign Affairs of Iraq, said that of the 229 recommendations received, Iraq had accepted 115, while it could not accept 54 recommendations in view of the political and social situation prevailing in the country at this time.  Iraq had agreed to improve accountability at all levels and to develop indicators and standards to measure performance in the executive.  A certain number of recommendations could not be accepted because of the security situation in the country and the engagement of the State in combatting Da’esh. 

In the ensuing discussion, speakers commended Iraq’s efforts for the protection of human rights despite the challenges it was currently facing, and welcomed the establishment of the National Human Rights Commission, and the commitment to ensure accountability for human rights violations, which must be translated into action.  Speakers voiced concern about human rights violations by all parties in Iraq, deplored the widespread atrocities committed by ISIL, and called on Iraq to hold all perpetrators, including the Shi’a militias, accountable for abuses they perpetuated.  The Government was urged to address the rampant use of torture and ill-treatment.

Speaking were United Arab Emirates, United Kingdom, United States, Venezuela, Yemen, Afghanistan, Algeria, Belgium, Burkina Faso, India, Iran, Ireland, and Jordan. 

The following non-governmental organizations also spoke: Verein Sudwind Entwicklungspolitik, Minority Rights Group, Women’s Human Rights International, Cairo Institute for Human Rights Studies, Amnesty International, Human Rights Now, and Rencontre Africaine pour la defense des droits de l’homme.

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

Lucien Rakotoniaina, Director of Human Rights and International Relations of the Ministry of Justice of Madagascar, said that of the 160 recommendations received, Madagascar had accepted 159 and one had been noted; the plan for the implementation of the recommendations had been prepared with the participation of the Government, Parliament, and representatives of civil society.  The 2015 law on the fight against human trafficking covered all situations of trafficking, including sexual trafficking, domestic work, begging, modern slavery, trafficking of organs, and forced marriage, and the National Bureau to Fight against Human Trafficking had been established.

Speakers in the discussion recognized the major political crisis that Madagascar faced and noted the efforts to uphold the rule of law and democracy.  They welcomed the establishment of the national human rights institution, the reform of the prison system which transformed it from punitive to rehabilitative, and the commitment to prevent harmful traditional practices such as early forced marriage.  The United Nations human rights mechanisms should provide technical cooperation and capacity building services to Madagascar on the basis of its priorities.  They also raised concern about corruption, the situation of street children, and cruel and inhumane treatment inflicted on prisoners.

The following States took part in the discussion on the Universal Periodic Review of Madagascar: Ethiopia, Gabon, Kuwait, Libya, Mali, Sierra Leone, South Africa, Sudan, Togo, Venezuela, Algeria, Botswana, China, Côte d’Ivoire, Cuba, and Djibouti.

Also speaking were the following non-governmental organizations: Franciscans International (joint statement), Action Canada for Population and Development, Europe-Third World Centre, Rencontre Africaine pour la defense des droits de l’homme, Hope International, and Women’s International League for Peace and Freedom.

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

Vojislav Suc, Permanent Representative of Slovenia to the United Nations Office at Geneva, presented Slovenia’s initiatives for the protection and promotion of the rights of women and for combatting violence against them.  Slovenia had also adopted a new comprehensive strategy to combat trafficking, and measures to address the needs of the Roma community.  Equal status to same-sex and heterosexual unions had been granted by the National Assembly.

Speakers in the discussion welcomed Slovenia’s constructive cooperation with the Universal Periodic Review and its acceptance of a large number of recommendations.  They welcomed that Slovenia had accepted recommendations to combat racial discrimination and discrimination against migrants and persons belonging to the Roma community.  They encouraged Slovenia to continue its efforts for the promotion of gender equality and for combatting violence against women and human trafficking. 

Speaking were Sierra Leone, Venezuela, China, Côte d’Ivoire, Council of Europe, Cuba, Iran and Kuwait.  Amnesty International also spoke. 

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

The next meeting of the Council will be at 9 a.m. on Friday, 20 March, when it will consider the outcomes of Universal Periodic Review of Egypt and Bosnia and Herzegovina and then resume the general debate on the Council’s subsidiary bodies.

Documentation

The Council has before it the report of the Working Group on the Universal Periodic Review – Iraq (A/HRC/28/14)

Consideration of the Outcome of Universal Periodic Review of Iraq

HASSAN JANABI, Head of the Human Rights Department, Ministry of Foreign Affairs of Iraq, said that Iraq had adopted the majority of the recommendations because they allowed it to implement its national human rights plan, which was a tool to enhance governance, further the rule of law, and improve health, education and justice sectors.  Of the 229 recommendations received, Iraq had accepted 115, while it could not accept 54 recommendations in view of the political and social situation prevailing in the country at this time.  Iraq had agreed to improve accountability at all levels and to develop indicators and standards to measure performance in the executive; this would enable Iraq to conduct regular oversight.  All armed groups were banned by the Constitution and Iraq had put in place measures to protect civilians and combat terrorism.  Constructive cooperation existed in the field of security and Iraq sought to raise the awareness of the international community on the importance of combatting terrorism.  A certain number of recommendations could not be accepted because of the security situation in the country and the engagement of the State in combatting Da’esh, because Iraq deemed that its people must have the freedom to choose their own legal system, and because enactment of the legislation to implement the recommendations required more time than specified in those recommendations. 

Iraq was the target of terrorist attacks by Da’esh which was committing horrific crimes against civilians; it had trafficked Yazidi women, displaced entire populations, sexually violated women and children, and destroyed cultural heritage.  The Government had adopted an Emergency Plan to deal with the security situation in some of the affected provinces and to assist refugees and internally displaced persons, and Iraq hoped that it would be assisted with humanitarian aid.  The Department to Protect the Family had been established under the Ministry of Internal Affairs.   A number of laws had been adopted, including on combatting trafficking in persons, on scholarships and public schools, on social protection, on combatting illiteracy, and on the law on disability and the anti-smoking law.  A national strategy to combat violence against women had been adopted, and Iraq was playing a leading role in promoting the participation of women in political and public life.  In closing, Iraq called on the international community to provide technical cooperation to Iraq, which was suffering from terrorist attacks and the destruction of its cultural heritage and its civilization.

United Arab Emirates welcomed the intervention by the friendly country of Iraq and the fact that it had adopted the majority of the recommendations.  In spite of the difficult circumstances, the Iraqi Government was persistently addressing human rights challenges and this was commendable.  

United Kingdom welcomed Iraq’s commitment towards the inclusivity and protection of all citizens, and holding accountable all those responsible for human rights violations. This commitment had to be translated into action.  The United Kingdom urged Iraq to adopt its recommendation on equitable treatment for all people.

United States welcomed the Iraqi delegation and stated that the human rights situation remained dire.  ISIL’s widespread atrocities were deplorable.  The Government’s “zero tolerance” policy in this respect, as well as its commitment to incorporate all security forces into governmental security structures, were welcomed.   

Venezuela stated that giving effect to human rights was only possible in situations of peace.  The situation in Iraq directly impacted the human rights situation.  Therefore, national capacity needed to be built, in particular to improve social and economic rights.  Assistance was needed to protect Iraq’s territorial integrity.

Yemen commended Iraq’s efforts for the protection of human rights despite the challenges it was currently facing.  It welcomed Iraq’s acceptance of a large number of recommendations made to it. 

Afghanistan commended Iraq’s efforts for the protection of human rights despite the challenges it was currently facing.  It welcomed the establishment of a national human rights commission and encouraged Iraq to ensure the commission’s compliance with the Paris Principles. 

Algeria congratulated Iraq’s achievements in the field of human rights and its constructive cooperation with the Universal Periodic Review.  The acceptance of many recommendations reflected Iraq’s commitment to human rights, and it was understandable that Iraq could not accept them all in view of the current situation there. 

Belgium was concerned about human rights violations by all parties in Iraq, and welcomed that Iraq had accepted its recommendations.  It regretted that recommendations on acceding to the Rome Statute and on abolishing the death penalty had not been accepted. 

Burkina Faso welcomed Iraq’s willingness to work to improve the situation, and wished Iraq success in implementing the recommendations it had accepted. 

China appreciated the acceptance of the recommendations by China, including to resolutely combat terrorism and to create conditions for economic development.  China recommended that the Council adopt the outcome report of Iraq.

Cuba acknowledged the progress made by Iraq in the implementation of the recommendations accepted in 2010.  Cuba was aware of the efforts of Iraq to improve the human rights situation in the country and encouraged it to fight for its sovereignty and territorial integrity, free from foreign interference.

Djibouti welcomed the efforts of Iraq to promote and protect human rights despite the difficult situation it faced, and encouraged it to strengthen and promote the human rights of vulnerable persons.

Egypt said despite the challenges, Iraq had been able to set up human rights institutions and adopt a number of human rights laws.  The fact that Iraq was hosting a large number of Syrian refugees was evidence of its commitment to human rights.

India commended the way Iraq promoted human rights while trying to cope with the political situation.  Iraq had adopted 175 of the recommendations, including all three made by the Indian delegation.  India was sure Iraq would make more progress in this respect and wished Iraq success in its endeavours to continue promoting human rights.

Iran welcomed the adoption of the recommendations of Iran and commended the Government’s efforts to adopt and protect human rights.  It commended Iraq on its National Action Plan on Women, Peace and Security which would promote the participation and protection of women, and wished the Government success in its endeavours.

Ireland expressed appreciation for Iraq’s acceptance of its recommendations, including endeavouring to protect the security and rights of persons belonging to minorities, and to bring to justice individuals that violated human rights.

Jordan stated that despite the difficult situation in Iraq, the Government had adopted the majority of the recommendations, including the one proposed by Jordan.  Jordan recommended that the Council adopt the Universal Periodic Review report of Iraq.

Sudwind regretted that some key recommendations did not receive Iraq’s support.  Sudwind expressed serious concern about the safety of Iranian refugees and pilgrims in Iraq, and regretted that Iraq had rejected recommendations related to legislation that was discriminatory to women.    

Minority Rights Group said the conflict in Iraq had exposed millions of civilians to violations.  Ethnic and religious minorities had been particularly targeted.  It welcomed Iraq’s commitment to strengthening the legal protection of minorities.  It deeply regretted that Iraq had rejected recommendations on acceding to the Rome Statute. 

Women’s Human Rights International, in a joint statement with International Educational Development, expressed concerns about attacks against Iranian asylum seekers in Camp Liberty, near Bagdad, and joined the calls already made by international experts for effective measures to be taken to investigate and prosecute these crimes.

Cairo Institute for Human Rights Studies was gravely concerned about the tremendous suffering of ethnic minorities in Iraq, and recalled Iraq’s responsibility to protect them.  Iraq had not effectively reacted to the torture and killing of Yazidis by ISIL and serious and immediate action had to be taken. 

Amnesty International remained deeply concerned about impunity and said that the Government should rein in Shi’a militias and hold them to account for the abuses they had committed.  A long-standing issue that remained unaddressed was the rampant use of torture and ill-treatment to extract confessions.

Human Rights Now condemned the grave human rights violations committed by ISIL and expressed grave concern over widespread and systematic violations by Iraqi forces against its own citizens, mainly against the Sunni population.

Rencontre Africaine pour la defense des droits de l’homme said that the main concern now was how to bring Iraq out of the spiral of violence.  It was essential to address the generalized impunity in the country and to give more attention to the protection of women, children and refugees, and to abolish the death penalty. 

The President of the Council said out of 229 recommendations received, 175 enjoyed the support of Iraq and 54 were noted.

Concluding Remarks

HASSAN JANABI, Head of the Human Rights Department of the Ministry of Foreign Affairs of Iraq, stated that his delegation welcomed all that had been said during the Universal Periodic Review and thanked all who had expressed their support.  Most representatives had expressed readiness to assist Iraq, particularly the non-governmental organizations.  Iraq agreed with what had been said, and was ready to talk about allegations regarding human rights in Iraq.  On the issue of the “Jarafi Law” which forced minors to marry, Mr. Janabi informed that this law had been derogated and there was thus no reason to discuss it.  Iraq was ready to discuss other issues with the non-governmental organization.

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

Documentation

The Council has before it the report of the Working Group on the Universal Periodic Review – Madagascar (A/HRC/28/13)

Consideration of the Outcome of the Universal Periodic Review of Madagascar
 
LUCIEN RAKOTONIAINA, Director of Human Rights and International Relations of the Ministry of Justice of Madagascar, expressed his thanks to all the countries that had shown interest in the evolution of the situation of human rights in Madagascar.  During the interactive dialogue, 160 recommendations had been submitted of which 139 were accepted; Madagascar had expressed reservations on 21 recommendations.  The latter involved instruments that Madagascar was not yet party to, as well as rendering buildings accessible for persons with disabilities, and promoting and protecting the freedom of expression of the media.  The position of Madagascar on these three points was in the supplementary report.  Following the presentation of the report, measures had been immediately adopted.  During the Commemoration of the Universal Declaration of Human Rights, the Government, Parliament, and representatives of civil society as well as technical and financial partners had held a meeting to consider the accepted and rejected recommendations.  During this meeting a draft had been prepared for implementing recommendations of the Universal Periodic Review.  Legislative and institutional measures had been adopted accordingly.  These included the law of January 2015 on the fight against human trafficking which covered all situations of trafficking, including sexual trafficking, domestic work, begging, modern slavery, trafficking of organs, and forced marriage.  Another law on the abolition of the death penalty had been promulgated.  In terms of institutional reforms, a National Independent Commission on Human Rights had been established, as well as a National Bureau to Fight against Human Trafficking.   Challenges remained to operationalize these institutions. 

In conformity with the recommendations, on March 6, 2015, a National Plan to fight against Human Trafficking had been validated.  It included four strategic axes including prevention, protection, criminal prosecution, and cooperation, in conformity with General Assembly resolution 64/293 on the World Action Plan to Fight against Trafficking in Persons.  With the support of the Office of the High Commissioner for Human Rights and with the aim to follow-up on recommendations of the Universal Periodic Review but also of those of the Special Rapporteurs, a National Plan for the Operationalization and Implementation of Recommendations had been drafted and would soon be validated.   The challenges that remained were to adopt the maximum number of recommendations and to implement them.  Madagascar aimed to step up dialogue with all human rights protection mechanisms, and called on its technical and financial partners to provide support in order to do so.  

Ethiopia commended Madagascar for putting in place a national agency to coordinate microfinance with the objective of supporting women and called on the United Nations human rights mechanisms to provide technical cooperation and capacity building services to Madagascar on the basis of its priorities.

Gabon recognized that despite the major political crisis facing Madagascar, the Government still upheld its human rights obligations, particularly on the protection of street children.  Madagascar should continue with the implementation of the recommendations it had accepted and Gabon asked the international community to provide support to this country.

Kuwait noted the tangible progress made by Madagascar since the Universal Periodic Review to fulfil its human rights obligations, including the successful elections it had held recently, the establishment of national human rights institutions, and the reform of the prison system from punishment to rehabilitation.

Libya welcomed the positive developments in Madagascar, particularly the adoption of the law on human rights.  It thanked Madagascar for accepting the majority of the recommendations, which was evidence of its commitment to the Universal Periodic Review.

Mali commended Madagascar for accepting the recommendations made to it, particularly those on improving living conditions for women and children.  It also congratulated it on ratifying the Convention on the Rights of All Migrant Workers and Members of their Families. 

Sierra Leone noted with satisfaction that Madagascar had adopted all of its recommendations but noted it had yet to respond to some others, particularly on protecting freedom of expression and engaging with human rights defenders. 

South Africa welcomed the positive developments Madagascar had made since its first Universal Periodic Review.  South Africa commended it for recent efforts in ensuring food security, social investment and improvement of infrastructure, particularly for healthcare. 

Sudan commended Madagascar for accepting most of the recommendations, and for their proactive involvement in the Universal Periodic Review.  It recommended that the Human Rights Council adopt the outcome report of Madagascar.

Togo commended Madagascar for the importance it attached to the Universal Periodic Review recommendations and congratulated it for accepting almost all the recommendations formulated by its Working Group.

Venezuela commended the efforts of Madagascar to comply with its human rights commitments, including through the creation of a national human rights institution and ensuring its compliance with the Paris Principles.  Madagascar should continue to strengthen its social policies in order to improve the living standards of its people.

Algeria congratulated Madagascar on the acceptance of more than 150 recommendations, including on reforming its prison system and combatting violence against women.

Botswana noted the efforts to uphold the rule of law and democracy and commended it for adopting the anti-trafficking bill and encouraged it to pass it to law.  Madagascar should finalize its national action plan to combat gender-based violence.  The reform of the prison system was appreciated.

China commended Madagascar’s reforms in the areas of unemployment, poverty reduction, and the promotion of people’s economic and social rights.  It stressed the importance of special economic zones, industrial parks, and communications infrastructure as crucial in the provision of a solid basis for human rights progress in Madagascar.

Côte d’Ivoire supported all of Madagascar’s efforts to ensure the promotion of human rights and encouraged it to combat violence against women and to protect children against abuse, trafficking and ill-treatment.  Efforts to fight corruption and reforms in the judicial and penitentiary systems were commended.  Côte d’Ivoire called on the international community to provide assistance for Madagascar’s reforms.

Cuba welcomed Madagascar’s developments and was encouraged by the way it had overcome the crisis.  It applauded the recommendations adopted, and the efforts to combat poverty which had risen because of the crisis.  Cuba called on the international community to support Madagascar in this endeavour.

Djibouti congratulated Madagascar on its reforms and recommended that the Human Rights Council adopt the report.


Franciscans International, in a joint statement with International Volunteerism Organization for Women, Education and Development – VIDES; and Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, joined Mexico and Turkey in expressing serious concern about the vulnerable situation of street children.  Madagascar’s commitment to children who dropped out of school during the political crisis was appreciated. 

Action Canada for Population and Development, applauded Madagascar’s acceptance of recommendations to prevent harmful traditional practices such as early forced marriage.  It expressed serious concern about women’s lack of access to sexual and reproductive healthcare, including safe and legal abortion.

Europe-Third World Centre expressed concern about freedom of expression and threats and attacks against journalists.  It noted that five years ago the interim Government had shut down 80 radio stations which had not been reopened. 

Rencontre Africaine pour la defense des droits de l’homme welcomed Madagascar’s commitment to tackle corruption which was poisoning the political situation in the country.  It expressed concern about cruel and inhumane treatment inflicted on prisoners. 

Hope International regretted that only a few recommendations concerned economic, social and cultural rights in Madagascar had been accepted.  Natural catastrophes, such as the invasion of locusts and poisonous frogs, had happened in the country.  The situation there was dire and deserved the international community’s attention.   

Women’s International League for Peace and Freedom was concerned about women’s insecurity and extrajudicial killings by police forces.  The Government was carrying out massacres in the south of the country in total impunity.  Madagascar was urged to allow the Special Rapporteur on extrajudicial executions to investigate the situation.

The President of the Council said that out of the 160 recommendations received, 159 enjoyed Madagascar’s support while one had been noted.    

Concluding Remarks

LUCIEN RAKOTONIAINA, Director of Human Rights and International Relations of the Ministry of Justice of Madagascar, in concluding remarks, said progress had been made or initiated, but much remained to be done.  Technical and financial support by partners would help Madagascar to implement the recommendations and protect human rights.  There could be no human rights without sustainable development. 

The Council then adopted the outcome report of the Universal Periodic Review of Madagascar. 

Documentation

The Council has before it the report of the Working Group on the Universal Periodic Review – Slovenia (A/HRC/28/15)

Consideration of the Outcome of the Universal Periodic Review of Slovenia

VOJISLAV SUC, Permanent Representative of Slovenia to the United Nations Office at Geneva, said Slovenia attached great importance to the Universal Periodic Review process.  The recommendations had been carefully examined by members of an interdepartmental working group from all government ministries whose members prepared a proposal of reactions for the consideration of the Government.  The Cabinet of Ministers had taken a final decision regarding the official response, and this was made available on the Universal Periodic Review website.   The review and recommendations received were further discussed with the competent bodies of the National Assembly, and with the Human Rights Ombudsperson.  Civil society had also been informed, and all the documentation had been translated and made available through the webpage of the Ministry of Foreign Affairs.  Regarding gender equality and women’s rights, Slovenia had ratified the Istanbul Convention on preventing and combatting violence against women and domestic violence at the beginning of February.  The Government was also preparing a new national resolution on equal opportunities of women and men 2015-2020 that foresaw additional measures to tackle gender inequalities from different perspectives, such as economic independence, work-family balance, gender stereotypes, social inclusion, health, and participation in decision-making, violence against women and foreign policy and development cooperation.

A new comprehensive strategy to combat trafficking had been adopted by the Government.  This included provisions to contribute to the implementation of recommendations on trafficking received during the review.  Regarding the Roma, who numbered 10,000 in Slovenia, measures to address their needs had been included in many sectorial policies and laws.  The National Programme of Measures for Roma 2010-2015 was the national document in this respect, and the Government was already preparing a new national programme of measures for the period 2016-2021.  This took into account the recommendations from the Universal Periodic Review.  Equality was a constitutional right in Slovenia, and measures to combat discrimination were included in various national policies and in legislation.  Regarding the lesbian, gay, bisexual and transgender community, the National Assembly had adopted amendments to the Law on Marriage and Family Relations which granted equal status to same-sex and heterosexual unions.  The interdepartmental working group that had been active in the preparatory phase of the Universal Periodic Review process and in the assessment of recommendations would also monitor their implementation.  As a candidate for membership in the Human Rights Council for the period 2016-2018, Slovenia pledged to work for the advancement of human rights in international human rights for a, including through active engagement in the Universal Periodic Review process.

Sierra Leone noted that Slovenia had not accepted recommendations made by Sierra Leone, and encouraged Slovenia to intensify efforts to combat all forms of violence against women and children.

Venezuela welcomed Slovenia’s participation in the Universal Periodic Review process with a constructive spirit, and welcomed efforts to combat discrimination against members of the Roma community and migrants.

China commended Slovenia for its constructive participation in the Universal Periodic Review, and welcomed that Slovenia had accepted China’s recommendation on improving the situation of persons with disabilities and Roma persons. 

Côte d’Ivoire encouraged Slovenia to continue its efforts to promote gender equality, combat violence against women and fight human trafficking and all forms of discrimination. 
 
Council of Europe welcomed Slovenia’s efforts to combat racism and listed three challenges it faced, as identified its various monitoring bodies.  They were the discrimination and social exclusion of Roma; discrimination faced by national minorities; and the prevention of corruption. 

Cuba welcomed achievements by Slovenia but remained concerned about the effects of the economic crisis on the economic and social rights of its population.  It recommended the adoption of the report.

Iran said it took note of Slovenia’s acceptance of recommendations on racial discrimination, particularly against the Roma, as well as ethnically-motivated crimes and to address all forms of violence against women.

Kuwait welcomed steps undertaken by Slovenia to keep up with its reporting obligations to treaty bodies and to implement the International Covenant on Civil and Political Rights.  It also commended Slovenia for actions taken to reduce poverty. 

Amnesty International urged Slovenia to implement all recommendations, including those that it adopted, especially on the situation of the Roma and their equal enjoyment of social, economic and cultural rights.

The President of the Council said out of 163 recommendations, 142 enjoyed the support of Slovenia, and 21 were noted. 

Closing Remarks

VOJISLAV SUC, Permanent Representative of Slovenia to the United Nations Office at Geneva, thanked all participants for their constructive remarks, and remained convinced that they would be given due consideration.  Slovenia was committed to taking more steps in this regard and hoped for the consideration of fruitful dialogue in the future. 

The Human Rights Council then adopted the Universal Periodic Review of Slovenia. 

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