Human Rights Council adopts outcome of Universal Periodic Review of Andorra, Bulgaria and Honduras

Human Rights Council
MORNING

25 September 2015

The Human Rights Council this morning adopted the outcome of the Universal Periodic Review of Andorra, Bulgaria and Honduras.

Ester Fenoll Garcia, State Secretary for Social Affairs of the Principality of Andorra, said that of the 85 recommendations received during the Universal Periodic Review, Andorra had accepted 41 and taken into consideration 44 recommendations.  Many recommendations had to do with the ratification of and accession to primary human rights conventions and Andorra had committed to study the current legislation and assess whether it was in step with the provisions of those international instruments.  Andorra agreed to study the possibility of the creation of a national human rights institution, accepted all recommendations in relation to persons with disabilities, and agreed to adopt a comprehensive legal framework for gender equality.

In the discussion, speakers welcomed the acceptance of most of the recommendations, including combating racial hatred and providing health services to migrant women and children, and encouraged further efforts to combat discrimination, violence against women and poverty.  Speakers noted the absence of legislation to combat racism, and stressed the need to improve detention conditions, including juvenile detention.

Speaking were China, Council of Europe, Ghana, Sierra Leone, Venezuela, Angola, and Rwanda.

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

Andrey Tehov, Director at the Ministry of Foreign Affairs of Bulgaria, said that of the 182 received recommendations, Bulgaria had accepted in principle 174.  The protection of the rights of the child was a priority and Bulgaria was implementing the process of deinstitutionalization, introducing new methods to combat child abandonment, and setting up a local network of alternative residential and assisting services.  The Gender Equality Act was currently under preparation, and Bulgaria had committed itself to update and develop the National Strategy for Gender Equality 2015-2020.  The Action Plan on the implementation of the Convention on the Rights of Persons with Disability 2015-2020 had been approved in May 2015.  Bulgaria could not accept the recommendation to stop State funding of organizations and political parties that advocated racism, as such practices did not exist in the country.

In the ensuing discussion, speakers welcomed the establishment of the National Coordination Mechanism on Human Rights, and encouraged Bulgaria to continue to give priority attention to the protection of the rights of the child and persons with disabilities, the rights of migrants and refugees, as well as the promotion of ethnic and religious tolerance and the protection of minorities.  Delegations valued the work of the Commission for Protection against Discrimination and the Ombudsman, and appreciated the progress achieved in the field of promoting equal opportunities between men and women.  Speakers voiced concern about serious gaps in the asylum system, such as persistent inadequate conditions in reception centres.

Taking the floor in the discussion on Bulgaria were Albania, Algeria, Benin, China, Côte d’Ivoire, Council of Europe, Ghana, Greece, Iraq, Kyrgyzstan, Romania, and Rwanda. 

Also speaking were the non-governmental organizations Action Canada for Population and Development (joint statement), Amnesty International, and Allied Rainbow Communities International.

Karla Cueva, Under-Secretary of State in the Office of Human Rights and Justice of Honduras, outlined the progress made by Honduras in the promotion and protection of human rights since its previous Universal Periodic Review cycle in May 2015.  The Government paid particular attention to creating programmes and services in order to combat gender based violence and improve the lives of women, eliminate illiteracy and poverty, strengthen labour inspection, combat sexual exploitation and trafficking of persons, and work toward the ratification of international human rights instruments. 

In the ensuing discussion, speakers expressed concern that Honduras still needed to do more to strengthen the independence of the judiciary and the fight against impunity, the protection of women against violence, as well as the protection of the freedom of expression and of journalists and human rights defenders in practice.  Nevertheless, they commended the adoption of the Public Policy and National Action Plan for Human Rights for the period 2013-2022, strengthening of the judiciary’s gender unit, the incorporation of the offence of femicide in the Criminal Code, and the Government’s efforts to bring national legislation into conformity with international human rights instruments.

Speaking were: China, Cuba, Sierra Leone, Venezuela, Algeria, Belgium, Benin and Rwanda.

Also taking the floor were: United Nations Children’s Fund, Article 19, COC Nederland, Franciscans International, Amnesty International, World Organization against Torture, Peace Brigades International Switzerland, International Service for Human Rights, Centre for Reproductive Rights, Foodfirst Information and Action, and Women’s International League for Peace and Freedom.

The Human Rights Council is holding a full day of meetings today.  At noon, it will start its consideration of the outcome of the Universal Periodic Review of Liberia, Marshall Islands and Croatia.

Consideration of the Outcome of the Universal Periodic Review of Andorra

Presentation

ESTER FENOLL GARCIA, State Secretary for Social Affairs of the Principality of Andorra, said that during its Universal Periodic Review, Andorra had received 85 recommendations, many of which had already been implemented.  Andorra had accepted 41 and taken into consideration 44 recommendations.  Ms. Fenoll went on to say that many recommendations had to do with the ratification of and accession to primary human rights conventions and Andorra had committed to study the current legislation and assess whether it was in step with the provisions of those international instruments.  Andorra had rejected the recommendations that called for the accession prior to the next cycle of the Universal Periodic Review, as this process required deep analysis of domestic legislation and the State’s ability to subscribe to those obligations.  Andorra could not accept to ratify the International Labour Organization’s Convention on domestic labour as it was not a member of this international organization, but the domestic labour legislation was in line with international conventions. 

Recommendations aimed at establishing a legal framework to ensure the right to asylum and the right of refugees had been taken into consideration, and Andorra was in contact with the United Nations High Commissioner for Refugees to coordinate the response to the current refugee crisis.  Further, Andorra agreed to study the possibility of the creation of a national human rights institution, but it was not advisable to commit to setting it up as Andorra already had a functioning institution of Ombudsmen and wanted to avoid the duplication of efforts.  All recommendations in relation to persons with disabilities had been accepted, as was the recommendation to ensure the right to strike and collective bargaining.  With regards to the rights of women, Andorra had agreed to adopt a comprehensive legal framework for gender equality and had taken into consideration the recommendation to establish quotas for the employment of women, as its economic fabric was made of small and medium enterprises.

Discussion

China welcomed Andorra’s acceptation of most recommendations made during its Universal Periodic Review, including China’s recommendation to take measures to combat racial hatred and provide health services to migrant women and children. 

Council of Europe underlined Andorra’s lack of legislation to combat racism, and the need to improve detention conditions, including juvenile detention, and to further efforts to combat discrimination and violence against women.  It also encouraged Andorra to ratify the Council of Europe convention relating to combatting cybercrime. 

Ghana welcomed Andorra’s acceptation of a number of ratifications, and encouraged Andorra to reform its legislation relating to the Rome Statute of the International Criminal Court and to submit overdue reports to the treaty bodies. 

Sierra Leone welcomed Andorra’s commitment to protect the rights of the child, but encouraged further efforts to protect women from discrimination, violence and trafficking. 

Venezuela noted clear progress by Andorra to combat discrimination and violence against women, and encouraged Andorra to continue its efforts to combat poverty and ensure access to health. 

Angola noted with appreciation Andorra’s initiatives for the protection of the child and for combatting violence and discrimination against women. 

Rwanda welcomed Andorra’s commitment to human rights, and its efforts to issue a standing invitation to all Special Procedures of the Human Rights Council. 

The President said that out of 85 recommendations received, Andorra had accepted 41 while 44 were noted. 

Concluding Remarks

ESTER FENOLL GARCIA, State Secretary for Social Affairs of the Principality of Andorra, said in concluding remarks that the second Universal Periodic Review circle had had a valuable impact in Andorra’s assessment of its human rights situation, and reiterated Andorra’s commitment to human rights. 

The Council then adopted the outcome of the Universal Periodic Review of Andorra. 
 
Consideration of the Outcome of the Universal Periodic Review of Bulgaria

ANDREY TEHOV, Director at the Ministry of Foreign Affairs of Bulgaria, said that the second cycle of the Universal Periodic Review had enabled Bulgaria to assess its progress since the first cycle and to set the goals in the human rights sphere for the years to come.  Of the 182 recommendations it had received, Bulgaria had accepted in principle 174, and the National Coordination Mechanism for Human Rights would further concretely consider the recommendations regarding the accession to new international human rights instruments and possible amendments to domestic legislation, as well as administrative practices.  The protection of the rights of the child was a priority for Bulgaria which had undertaken a deinstitutionalization process: it had taken most of the children from the institutions and placed them into families or environments similar to families, introduced new methods to combat child abandonment, set up a local network of alternative residential and assisting services, and designated eight homes for medico-social child care for closure by October 2015.  On 31 July 2015, there were 78 specialized institutions caring for 1,932 children, compared to 137 such institutions and 7,587 children in 2009.  Bulgaria was firmly committed to promoting the active participation of women in all spheres of social and political life and its Gender Equality Act was currently under preparation, and Bulgaria had committed itself to update and develop the National Strategy for Gender Equality 2015-2020.  The Action Plan on the implementation of the Convention on the Rights of Persons with Disability 2015-2020 had been approved in May 2015, and Bulgaria was pursuing a consistent policy on preventing and eliminating any form of discrimination and further enhancing understanding and tolerance among persons of different ethnic, religious or linguistic groups. 

Bulgaria confirmed its full commitment to observe the human rights of all persons seeking protection in the territory of Bulgaria and had adopted on 10 June a National Strategy on Migration, Asylum and Integration 2015-2020, aimed at creating a comprehensive and stable institutional and legal framework for the proper management of legal migration and for the integration and care for persons seeking international protection.  Bulgaria was mainly a transit country for mixed migration flows, but it was committed to integrating those who expressed their will to stay, while taking the necessary precautions regarding national security.  Recommendations Bulgaria could not support included those on stopping State funding of organizations and political parties that advocated racism as such practices did not exist in the country; on legal change of the names of Bulgarian citizens who had been forced to change their names; on restitution of nationalized, expropriated, confiscated or otherwise legally taken properties of religious communities, as it was provided based on court decisions case-by-case on a strictly non-discriminatory basis; and the recommendation on the right to study in one’s own language.

Discussion

Albania commended Bulgaria for its measures to promote gender equality, and encouraged efforts in all areas of human rights protection. 

Algeria appreciated Bulgaria’s acceptation of recommendations relating to gender equality and the rights of migrant workers. 

Benin commended Bulgaria for its efforts to enhance legislation on gender equality, to combat domestic violence and to protect the rights of persons with disabilities.  It recommended further efforts to protect children placed in institutions. 

China appreciated that Bulgaria had taken measures to eliminate gender equality, and had paid attention to the protection of women belonging to minorities and to combat racial discrimination, including against the Roma community. 

Côte d’Ivoire welcomed reforms by Bulgaria with a view to bring its domestic legislation in line with international standards, including protecting minorities and vulnerable groups.

Council of Europe underlined the importance of Bulgaria implementing a national action plan for the protection of Roma people, and said challenges remained concerning discrimination against minorities and xenophobia.  
 
Ghana encouraged the national human rights institution in Bulgaria to continue to give priority attention to the protection of the rights of the child and persons with disabilities, the rights of migrants and refugees, as well as the promotion of ethnic and religious tolerance and the protection of minorities.

Greece particularly valued the work of the Commission for Protection against Discrimination and the Ombudsman, and appreciated the progress achieved in the field of promoting equal opportunities between men and women.  Greece welcomed the recent amendments strengthening the competences of the National Council of Gender Equality.

Iraq welcomed the measures to achieve gender equality, promote children’s rights and religious tolerance, and counter hate speech and any form of violence.

Kyrgyzstan appreciated steps to implement human rights obligations and noted the creation of the National Coordination Mechanism on Human Rights and wished it all success in the implementation of the recommendations.

Romania congratulated Bulgaria on the holistic approach to the implementation of its human rights obligations and wished it success in its future endeavours in the implementation of human rights.

Rwanda commended the ongoing engagement of Bulgaria with the Universal Periodic Review, its efforts to improve democracy and elections, the general respect for freedom of assembly and the establishment of the National Coordination Mechanism on Human Rights which would further streamline the promotion and protection of human rights.

Sierra Leone welcomed Bulgaria’s commitment to cooperate with the Universal Periodic Review and encouraged it to effectively implement recommendations relating to discrimination against women and other minorities. 

Sudan commended Bulgaria’s positive engagement with the Universal Periodic Review and its acceptation of many recommendations, and encouraged it to implement the recommendations it had accepted. 

Tajikistan welcomed Bulgaria’s measures to build capacity in the field of human rights, including its cooperation with United Nations human rights mechanisms. 

Turkmenistan welcomed that its recommendations had been accepted by Bulgaria, and commended Bulgaria’s cooperation with United Nations human rights mechanisms. 

Venezuela welcomed Bulgaria’s efforts to promote and protect human rights, and welcomed its acceptation of recommendations relating to combatting gender inequalities. 

Action Canada for Population and Development, in a joint statement, criticized the fact that Bulgaria still had not implemented its previous Universal Periodic Review recommendations, such as the elimination of traditional stereotypes of women in the family and society, combatting gender based violence, including domestic violence, and criminalizing marital rape.

Amnesty International voiced concern that Bulgaria’s legal framework and practice concerning hate crimes fell short of international human rights standards.  Serious gaps also remained in the asylum system, such as persistent inadequate conditions in reception centres.

Allied Rainbow Communities International commended Bulgaria’s significant legislative actions and changes regarding lesbian, gay, bisexual, transgender and intersex rights since 2010.  However, there was no significant development of the effective measures to overcome continuing discriminatory patterns against these persons through education and training.

The President said that out of the 182 recommendations, Bulgaria had accepted 174 and noted 8.

Concluding Remarks

ANDREY TEHOV, Director at the Ministry of Foreign Affairs of Bulgaria thanked all delegations for their comments and remarks and the members of the troika, as well as non-governmental organizations for their active participation and suggestions.  Some important issues had been raised in the discussion and would be the subject of discussion back in Bulgaria, including those raised by the Council of Europe which had been the subject of discussion between the Council of Europe bodies and the Government.  Bulgaria hoped that the Council of Europe would pay closer attention to the responses of the Government to those issues.   Bulgaria would continue to strengthen its administrative capacity and would continue to include even more stakeholders in the process of implementation of the recommendations.  It would also maintain its strong commitment to the implementation of human rights obligations.

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

Consideration of Outcome of Universal Periodic Review of Honduras
 
Presentation
 
KARLA CUEVA, Under-Secretary of State in the Honduras Office of Human Rights and Justice, stated that the Government of Honduras approached its current cycle of the Universal Periodic Review with the same level of commitment as the one in May 2015.  It had received 152 recommendations and had not rejected any of them.  It was reviewing 8 recommendations, which referred to the ratification of international human rights instruments and domestic legal reform.  Ms. Cueva assured that all of the previous recommendations from May 2015 would be incorporated in domestic policies.  She underscored reforms of the Penal Code in line with international standards, and the installation of the United National High Commissioner for Refugees country office, which should start working by the end of the year or in early 2016.  The Government had established a special investigative police unit to investigate crimes against women, including femicide.  It was focused on sexual exploitation and trafficking cases, with a help line.  In May 2016 the law on the rights of human rights defenders entered into force to combat harassment of human rights defenders.  The Government also drafted guidelines in order to foster the greatest participation of civil society.  Honduras joined Member States of the Human Rights Council to combat any discrimination against human rights defenders.  The Government had also begun reforming the penitentiary system by extending the number of cells. 

Since May 2015, the Government had worked to combat gender based violence through programmes aimed at improving the lives of women, creating institutional options for violence against women, and providing legal aid and psychological support.  The programme was to enter into force in 2016.  The State had established a special crimes unit to investigate crimes against women, including femicide.  It had also set up eight local committees in eight municipalities, which included civil society organizations, in order to support programmes against violence against women and to create secure and friendly municipalities for women.  In order to improve economic, social and cultural rights, and fight poverty, the Government had launched a National Literacy Plan 2016-2017 aimed at a population of 600,000 young and adult persons who did not know how to read.  In order to deal with returnees, the Government had created a Migratory Observatory Consulate.  In order to strengthen the Government’s capacity to investigate the labour market, the Economic and Social Council had elaborated a Labour Inspection Law, which would introduce a post of Labour Inspector in order to foster independence of that function.

Discussion

China welcomed the decision by Honduras to accept most recommendations, including those by China pertaining to combatting unemployment and poverty.  It called on the international community to provide adequate support to Honduras. 

Cuba welcomed that Honduras had accepted most recommendations, including two made by Cuba, and encouraged Honduras to continue its efforts to ensure access to education and to protect unaccompanied migrant children. 

Sierra Leone commended Honduras’ willingness to protect human rights, including the rights of women, minorities, and to combat trafficking.  It welcomed that recommendations relating to human rights defenders had been accepted. 

United Nations Children’s Fund welcomed progress in the coverage of social protection programmes, and encouraged Honduras to continue efforts in this regard.  It welcomed the country’s efforts to ensure child protection, and called upon Honduras to take all necessary measures to reduce the causes of child migration and ensure the conditions for their dignified reception and reintegration.

Venezuela appreciated social programmes undertaken by Honduras to improve the living conditions of its population, and encouraged it to continue its efforts. 

Algeria took note that Honduras had accepted most recommendations, including those made by Algeria relating to combatting violence against children and youths, and to the national human rights action plan.

Belgium expressed concern that Honduras still needed to do more to strengthen the independence of the judiciary and the fight against impunity, the protection of women against violence, as well as the protection of the freedom of expression and of journalists and human rights defenders.  It commended Honduras for guaranteeing the rights of victims of human rights violations by the police and armed forces, access to justice by women who were victims of violence, and introduction of a law to protect journalists and human rights defenders.

Benin noted the progress that Honduras had made by holding two general elections in which new political movements had taken part.  It commended the adoption of the law on the protection of human rights defenders, in particular of journalists and media.  Benin underscored the advancement made in Honduras’ cooperation with international human rights mechanisms.

Rwanda congratulated Honduras on the adoption of the Public Policy and National Action Plan for Human Rights for the period 2013-2022, and welcomed the strengthening of the judiciary’s gender unit and the incorporation of the offence of femicide in the Criminal Code.  It also acknowledged the efforts by the Government to bring national legislation into conformity with international human rights instruments.

Article 19 - International Centre Against Censorship, criticized the actions of law enforcement forces directed at journalists and human rights activists.  Journalists continued to be harassed, judicially and in other ways.  Courts did not act; journalism was censored and public access to information was severely restricted.

Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, in a joint statement with International Lesbian and Gay Association, drew attention to gender identity and sexual orientation and the lack of investigation of crimes against the lesbian, gay, bisexual, transgender and intersex community, which continued to be one of the most vulnerable groups in the country.  While there was a specialized unit to investigate such crimes, the judicial system was not prepared to prosecute such cases. 

Franciscans International drew the Council’s attention to the exploitative activities, such as mining, in the areas of Honduras where indigenous peoples lived.  In the past three years, indigenous peoples had been killed in an attempt to defend their land and had suffered threats.  It called on the Government of Honduras to observe its international human rights obligations.

Amnesty International said scores of human rights defenders had been victims of violence, threats and reprisals for their work.  Local peasant organizations faced violence in the context of land issues, and women’s rights defenders had been harassed in impunity.  It was concerning that proposed changes in the criminal code reform could delete the draft provisions relating to non-discrimination. 

World Organisation Against Torture was concerned about torture in Honduras, and the legislation that prohibited women victims of rape to undertake abortion.  Most teenage pregnancies were the result of rape, and violence against women was widespread.  Impunity remained for torture and other ill-treatment. 

Peace Brigades International Switzerland said lesbian, gay, bisexual and transgender persons suffered violence, stigmatization and discrimination in Honduras, fuelled by religious extremism.  Authors of such violence were not held accountable as the State had failed to act. 

International Service for Human Rights said women’s rights defenders were facing harassment and was concerned at human rights violations and harassment of minorities by the judicial system itself.  Attacks against human rights defenders had been perpetrated by the police in complete impunity.  Human rights defenders before the United Nations today had to be protected from reprisals. 

Center for Reproductive Rights, Inc., said Honduras had alarming rates of sexual violence, and the absolute ban on abortion left women in dire conditions.  Honduras had to legalize abortion in cases of rape, to amend its extreme prohibitions on accessing emergency contraception, and to ratify the Convention on the Elimination of Discrimination Against Women. 

Foodfirst Information and Action Network drew attention to the importance of the right to adequate food and access to land, water and seeds.  It reminded that 70 per cent of the population in Honduras lived in poverty.  The State had reduced support for food production, education and labour incentives, and had instead fostered processes of semi-privatization.

Women’s International League for Peace and Freedom expressed concern over the increased violence against women, noting that in 2013 and 2014 some 40,000 domestic violence cases were recorded.  Despite the criminalization of femicide, programmes aimed at reducing violence against women were underfunded.  It called on Honduras to ratify the Optional Protocol of the Convention on the Elimination of Discrimination against Women. 

The President said that out of 152 recommendations, Honduras had accepted 140 and noted 12.
 
Concluding Remarks

KARLA CUEVA, Under-Secretary of State in the Honduras Office of Human Rights and Justice, thanked delegations for their comments and appreciated the participation of civil society, which helped the Government identify the best practices.  She also announced the presentation of the mid-term report, which would brief the Council on the level implementation of recommendations.  Ms. Cueva noted that the country required that all citizens take part in the process that would improve the human rights situation in the country.

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