Human Rights Council adopts outcomes of the Universal Periodic Review of Estonia, Paraguay and Belgium

Human Rights Council 
AFTERNOON

23 June 2016

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review of Estonia, Paraguay and Belgium.

Andre Pung, Permanent Representative of Estonia to the United Nations Office at Geneva, presented an update on selected human rights areas, namely concerning gender equality, the rights of the child, crime prevention, persons with undetermined citizenship, employment of ethnic minorities, and the situation of applicants seeking international protection.  Estonia had received a total of 181 recommendations during its review, had promptly supported 126 of them, and had later accepted an additional 16. 

In the ensuing discussion, speakers noted Estonia’s measures to promote tolerance and cultural diversity, and encouraged further measures to protect ethnic minorities and combat hate speech and xenophobia.  They welcomed efforts to protect women, children, and persons with disabilities, but were concerned about unresolved cases of violence against lesbian, gay, bisexual and transgender persons. 

Botswana, Burundi, China, Council of Europe, Ghana, Iran, Latvia, Norway, Pakistan, Russian Federation, Sierra Leone, Tajikistan and Albania took the floor. 

Human Rights Watch also spoke. 

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

Juan Esteban Aguirre Martínez, Permanent Representative of Paraguay, said that Paraguay had started to implement most of the 187 recommendations it had accepted.  He noted that article four of the national constitution protected the right to life from the moment of conception.  Paraguay’s Parliament had recently received the first draft of a bill on the protection of the press and journalists, he said, underlining that no activists had been killed in the country as a result of their human rights work. 

In the ensuing discussion, speakers commended Paraguay’s constructive engagement with the Universal Periodic Review process, and praised the development and implementation of a national recommendations monitoring system. They welcomed Paraguay’s commitment to the protection of the rights of indigenous peoples, of women and of persons with disabilities, while raising concerns about high rates of maternal mortality in the country.  Non-governmental organizations were deeply concerned about the rights of women and girls in Paraguay, especially their sexual and reproductive rights, and urged the Government to reconsider its opposition to abortion.

Speaking were Brazil, Cuba, El Salvador, Ghana, Haiti, Iran, Kyrgyzstan, Lao People’s Democratic Republic, Pakistan and Tajikistan. 

International Service for Human Rights, Action Canada for Population and Development, International Humanist and Ethical Union, International Catholic Child Bureau, British Humanist Association and Amnesty International also spoke. 

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

Bertrand De Crombrugghe, Permanent Representative of Belgium to the United Nations Office at Geneva, said that human rights protection was an integral part of Belgium’s national and foreign policy.  Belgium had immediately accepted 161 out of 232 recommendations, and was planning to implement 26 recommendations which had initially been left pending.  A national plan of action against racism, xenophobia and intolerance was being developed. 

In the ensuing discussion, speakers congratulated Belgium for its achievements in the field of human rights as well as the establishment of a national human rights institution.  They noted that challenges remained, particularly in relation to hate speech and xenophobia, discrimination against ethnic minorities and detention conditions, but welcomed steps taken by Belgium to address these issues, including the national plan of action against racism, xenophobia and intolerance. 

Speaking were Republic of Korea, Russian Federation, Sri Lanka, Tajikistan, Togo, Albania, Botswana, China, Council of Europe, Egypt, Estonia, Ghana, India, Iran, Kyrgyzstan and Pakistan.

Action Canada for Population and Development, Rencontre Africaine pour la défense des droits de l’homme and Amnesty International also spoke. 

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

The Council will resume its work on Friday, 24 June at 9 a.m., to consider the outcomes of the Universal Periodic Review of Denmark, Palau and Somalia.    

Consideration of Outcome of Universal Periodic Review of Estonia

ANDRE PUNG, Permanent Representative of Estonia to the United Nations Office at Geneva, said that Estonia had received a total of 181 recommendations during its Review, and had promptly supported 126 of them, and had later accepted an additional 16.  He then presented an update on selected human rights areas.  Concerning gender equality, the Government was currently preparing its first comprehensive welfare development plan, as well as measures to reduce the gender pay gap and to address gender stereotypes.  Furthermore, Estonia would also take steps towards the ratification of the Council of Europe Convention on preventing and combatting violence against women and domestic violence (Istanbul Convention).  Turning to the issue of the rights of the child, he explained that the new Child Protection Act had just entered into force, and contained a strict prohibition of child corporal punishment.  Awareness-raising efforts had accompanied this new prohibition.  Attention had also been given to the prevention of violence in schools.  In the crime prevention sphere, the prevention grant of 2015 had been allocated to activities aimed at the prevention of sexual abuse of children up to 10 years of age.  The legal protection available to victims of violence was also being improved.  Continuing, he assured that Estonia was committed to motivating persons with undetermined citizenship to obtain citizenship as speedily as possible, although these persons enjoyed in practice equal access to rights.  Estonia was currently preparing a new employment initiative targeting mainly ethnic minorities.  Finally, he reaffirmed that all applicants seeking international protection were always guaranteed access to effective legal remedy and translation services, as well as free daily counselling services.  They could be detained only on a concrete and limited number of grounds.  

Botswana commended the efforts of Estonia to promote tolerance and cultural diversity by criminalizing incitement to hatred, violence and discrimination.  Estonia had made efforts in the area of gender equality and Botswana encouraged it to finalize and implement equality policies as envisaged. 

Burundi congratulated Estonia for having addressed a standing invitation to Special Procedures mandate holders and was pleased to note that equality polices and the national plan, which contained also measures to achieve gender equality, had been drawn up.  Burundi welcomed the measures to protect national minorities and those that aimed to put an end to domestic violence.

China encouraged Estonia to adopt measures to further guarantee the status and rights of national ethnic and linguistic minorities with the view to promote cultural diversity in the country.

Council of Europe said that the high number of stateless persons, or some six per cent of the population, experienced obstacles in obtaining citizenship.  National and linguistic minorities still faced obstacles in accessing education and employment and faced discrimination.  Estonia should sign the European Charter for Regional or Minority Languages and the Council of Europe Istanbul Convention.

Ghana noted the prioritization of democracy and the rule of law by Estonia and welcomed the acceptance of over 80 per cent of the recommendations made by States during its second cycle of the Universal Periodic Review, including those made by Ghana. 

Iran took note of the acceptance by Estonia of its recommendations to respect freedom of expression, to curtail stereotyping of minorities and to take measures to address discrimination based on ethnic, religious and linguistic origin.  Iran shared concerns about discrimination against Roma communities, domestic violence and in particular violence against children, as well as racism, racial discrimination, xenophobia and related forms of intolerance, which Estonia should address as a matter of priority.

Latvia expressed confidence that the Estonian Government would benefit from the useful remarks of the working group, and that a successful review would contribute to Estonia’s efforts toward the promotion and protection of human rights.

Norway said that during the review in January, Norway had presented four recommendations on minority groups, access to citizenship, combatting hate speech, and the allocation of resources to the Gender Equality and Equal Treatment Commissioner, and was pleased that three had been accepted.

Pakistan said it was appreciable that Estonia had made efforts to protect its citizens, including women, children and persons with disabilities, and urged the Council to adopt the Universal Periodic Review outcome of Estonia with consensus.

Russian Federation noted that Estonia had accepted three recommendations on prohibiting organizations that showed discrimination, yet failed to understand why other recommendations on ethnic minorities had been rejected.

Sierra Leone encouraged Estonia to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to implement policies to better protect against statelessness.

Tajikistan congratulated Estonia on the successful completion of its Universal Periodic Review process and noted steps taken to encourage tolerance and cultural diversity, as well as to improve the rights of and protect ethnic minorities.

Albania congratulated Estonia for its constructive engagement with the Universal Periodic Review process, as well as for its efforts in favour of the Roma community and other disadvantaged, marginalized or vulnerable groups.  It also complimented ongoing progress with regard to the Office of the Ombudsman for children. 

Human Rights Watch welcomed that Estonia was planning on adopting an action plan for employment and equal opportunities, as well as Estonia’s steps to reduce child statelessness.  Language requirements, especially for the Russian-speaking population, remained the most significant naturalization challenge.  Another concern pertained to accountability for cases of violence against lesbian, gay, bisexual and transgender persons. 

The President of the Council said that out of 181 recommendations received, Estonia had accepted 142 while 39 were noted. 

Concluding Remarks by Estonia

ANDRE PUNG, Permanent Representative of Estonia to the United Nations Office at Geneva, said that the active participation of all stakeholders in this process would help the improvement of the human rights situation in the country.  The Universal Periodic Review was a success story of the Human Rights Council and Estonia was looking forward to be back for the third cycle.  Meanwhile, Estonia would continue with the implementation of the recommendations that it had accepted so far.

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

Consideration of Outcome of Universal Periodic Review of Paraguay
 
JUAN ESTEBAN AGUIRRE MARTÍNEZ, Permanent Representative of Paraguay to the United Nations Office at Geneva, expressed his Government’s satisfaction at the recommendations which had recognized the country’s monitoring unit, as well as its gratitude for interest shown in Paraguay through recommendations made during the discussion.  Paraguay had started to implement most of them.  Of the 193 recommendations made, Paraguay had accepted 187.  He noted that article four of the national constitution of Paraguay urged the protection of life from the moment of conception to the end of life.  Nobody could be arbitrarily deprived of the right to life.  He then turned to issues of freedom of the press, noting that in April, the human rights committee of Paraguay’s parliament had received the first draft of a bill on the protection of the press and journalists and also provided for a national mechanism to protect the free press.  Turning to a reference made by many on murders of human rights activists, he underlined that there had been no murders of human rights activists that had occurred because the victims were human rights activists.  He reviewed labour rights issues, before turning to the rights of indigenous peoples, noting that Paraguay had passed a law on indigenous lands.  Among Paraguay’s commitments was a policy to improve human rights for persons with disabilities and a law promoting the health of mothers and children.  Member States were asked to continue supporting the Universal Periodic Review because it was helpful in aiding Member States to observe human rights more effectively.

Brazil fully supported the final report on Paraguay’s second cycle review and said that its record was an example for all who were trying to perfect adherence to international human rights treaties.  Paraguay had made a commitment to present a mid-term report on the implementation of recommendations.  Brazil was convinced that the national recommendations monitoring system was a vital tool.  

Cuba praised the development and implementation of a national recommendations monitoring system, which was useful and shared with other countries.  Cuba was pleased that Paraguay had accepted the recommendations it had made regarding discrimination, violence against women and child labour.

El Salvador congratulated Paraguay for the progress made in achieving its commitments to the promotion and protection of human rights and said that the acceptance of a large number of recommendations was a reflection of the political will to continue to improve the human rights situation for the benefit of the population as a whole.

Ghana applauded Paraguay for the cooperation at the international level to improve the protection of human rights and noted the development of the guide to harmonize State justice with indigenous justice, and the guide for access to justice for persons with disabilities.  Ghana welcomed the acceptance by Paraguay to sign the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

Haiti congratulated Paraguay for accepting 187 out 193 recommendations it had received during its second cycle of the Universal Periodic Review.  Haiti encouraged Paraguay to pursue national consultations, especially with civil society, in order to improve the implementation of the Convention on the Rights of the Child.

Iran welcomed the agreement of Paraguay to adopt a law to prohibit all forms of discrimination against indigenous people, to adopt legislation prohibiting corporal punishment of children in all settings, and to put an end to trafficking in persons, particularly for purposes of sexual exploitation and child labour.  Iran shared concern about high rates of maternal mortality and urged Paraguay to keep areas of concern in focus in the run up to the third cycle of the Universal Periodic Review.

Kyrgyzstan noted that the majority of recommendations had been accepted by Paraguay, including those by Kyrgyzstan on allocating sufficient financial and human resources to the national human rights institution.  The effectiveness of the protection of children’s rights was expected to be enhanced.

Lao People’s Democratic Republic was pleased that Paraguay had accepted a large number of recommendations, including two proposed by Lao People’s Democratic Republic.  Progress made in promoting education and the rights of women and persons with disabilities was commended.

Pakistan appreciated that Paraguay had accepted the majority of recommendations.  It was commendable that Paraguay had made progress in the areas of women’s and children’s rights and the rights of persons with disabilities.

Tajikistan welcomed Paraguay’s adoption of the National Programme on Poverty Reduction and the assistance provided to the victims of trafficking in persons.  Tajikistan wished Paraguay every success in further implementation of the recommendations.

International Service for Human Rights noted that Paraguay had accepted 13 recommendations on the protection of human rights activists, but that human rights defenders fighting for land-related rights were not acting in a safe environment.  The risk persisted with the harassment of community leaders by private security agents.  The Council should ensure that Paraguay implemented its recommendations. 

Action Canada for Population and Development welcomed Paraguay’s commitment to the Universal Periodic Review, and the readiness to adopt a law against discrimination, including on the basis of sexual discrimination.  Nonetheless, there was evidence of discrimination against women and sexual minorities.

International Humanist and Ethical Union was deeply concerned about the rights of women and girls in Paraguay, especially their sexual and reproductive rights.  There were reportedly many cases of sexual abuse by family members and relatives.  The school system was regrettably strongly affected by religious beliefs.

International Catholic Child Bureau welcomed Paraguay’s commitment to the Universal Periodic Review, but noted that recent events showed problems with child sexual abuse. That had led to reactions from the United Nations and in the Universal Periodic Review this time there were a dozen recommendations on that issue.  A specific national plan should be drawn up to enable the reintegration of victims.

British Humanist Association said that while the Association welcomed efforts to promote and protect the rights of women, it was concerned about abortion laws.  Abortion was permitted only for saving the life of the mother, and the maternal mortality ratio remained high.  In 2014, 20,000 adolescents gave birth.  Paraguay was urged to reconsider its opposition to abortion.

Amnesty International welcomed the intention of Paraguay’s Government to enact a law combatting all forms of discrimination, but regretted the Paraguayan authorities’ lack of commitment to promoting women’s and children’s rights, including women’s access to abortion.  The need for Paraguay to recognize the legitimacy of work carried out by human rights defenders was underscored.  The need to ensure an independent investigation of reports of torture and human rights violations during clashes between police and peasants was reiterated.

The President of the Council noted that out of 193  received recommendations, 187 enjoyed Paraguay’s support, while six were noted.

Concluding Remarks by Paraguay

JUAN ESTEBAN AGUIRRE MARTÍNEZ, Permanent Representative of Paraguay to the United Nations Office at Geneva, thanked all for their constructive contribution to the improvement of the human rights situation in Paraguay.  Paraguay hoped to be able to continue working on the positive agenda of protecting and promoting human rights, which was a task that involved all stakeholders.  Paraguay acknowledged the intense cooperation from the Office of the High Commissioner for Human Rights which had played an important role in the second cycle of the Universal Periodic Review, in particular in assisting with the preparation of the report and in the follow up on the recommendations issued by human rights treaty bodies and other human rights mechanisms.  The implementation of human rights recommendations was a priority at the national level and this process was open to international scrutiny, including by the Human Rights Council.

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

Consideration of Outcome of Universal Periodic Review of Belgium

BERTRAND DE CROMBRUGGHE, Ambassador and Permanent Representative of Belgium to the United Nations Office at Geneva, reminded that on 20 January Belgium had presented its national report, when the Minister of Foreign Affairs had participated in the interactive dialogue with the Universal Periodic Review Working Group.  Human rights protection was an integral part of Belgium’s national and foreign policy.  Belgium had immediately accepted 161 out of 232 recommendations.  Two of those recommendations were on setting up a national human rights institution in line with the Paris Principles, and ratifying the Optional Protocol to the Convention against Torture.  Another 35 recommendations were being currently considered.  Belgium was planning to implement 26 recommendations which had initially been left pending.  A national plan of action against racism, xenophobia and intolerance was being developed.  Belgium was taking specific measures to strengthen the human rights framework and ensuring that those rights were effectively implemented.  Belgium wanted to make progress and make it quickly, with civil society fully involved in the process.

Republic of Korea welcomed the fact that Belgium had accepted most of its recommendations, and recognized Belgium’s efforts for combatting gender-based violence.  It endorsed the adoption by the Council of the Universal Periodic Review report of Belgium.

Russian Federation welcomed the fact that Belgium had accepted its recommendations relating to employment, migrants, the Roma population and women’s rights. 

Sri Lanka noted Belgium’s efforts for the protection of human rights and for combatting poverty, as well as its measures for combatting trafficking in persons. 

Tajikistan welcomed the development of a national plan of action to combat racism and xenophobia, as well as Belgium’s measures to combat violent extremism. 

Togo welcomed that Belgium had accepted most of the recommendations made during its second cycle, and recommended the adoption of the outcome report. 

Albania congratulated Belgium for progress it had achieved for the protection of human rights, and welcomed that it had accepted its recommendations.  It particularly welcomed Belgium’s commitment to combat racism. 

Botswana noted with satisfaction legislative and policy measures that Belgium was taking to address gender-based violence, racial discrimination and xenophobia, and encouraged it to continue to address the remaining challenges, including human trafficking and terrorism.

China hoped that Belgium would take further measures to reach the internationally agreed official development assistance target of 0.7 per cent of the gross domestic product and encouraged it to take further measures to eliminate racial discrimination and xenophobia from political statements and public life.

Council of Europe noted several of the outstanding challenges in Belgium, where the problem of discrimination against ethnic and religious groups, and the increase of racist propaganda, especially online, persisted.  There was a persistent overcrowding problem in prisons, while the asylum and protection systems for migrants were inadequate.  Belgium should ratify the European Convention on the Suppression of Terrorism without delay.

Egypt said that the review of Belgium was an opportune moment to point out the rise in racism and racial discrimination and called upon Belgium to lift the ban on the use of headscarves and to address racially motivated police brutality.  It was regrettable that Belgium did not accept the recommendation to align its legal definition of torture with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Estonia commended Belgium for its constructive participation in the Universal Periodic Review process and noted with appreciation that all communities and regions in Belgium were mobilised in the preparation of the report.  Estonia welcomed the measures to combat terrorism and the adoption of the National Action Plan on the rights of persons with disabilities.

Ghana noted the recognition by Belgium of the Universal Periodic Review as an important process to improve human rights situations.  Ghana commended Belgium for strengthening its legal arsenal to address racial discrimination and xenophobia, and for adopting a new and comprehensive action plan to combat gender based violence.

Ghana lauded Belgium for amending its legislative and legal instruments on combatting racism and xenophobia.  The new comprehensive national plan to combat gender based violence was also appreciated.  Ghana encouraged Belgium to continue with the ongoing efforts to strengthen the 2006 National Action Plan on combatting radicalization and violent extremism.

India found it encouraging that Belgium had accepted as many as 187 of the recommendations, including both recommendations made by India.  India believed that Belgium had gained much from its participation in the Universal Periodic Review and would continue with its efforts to implement the recommendations accepted.

Iran expressed concern over the alarming existence of manifestations of racism, racial discrimination, xenophobia and related intolerance, racially motivated violence and ill-treatment by police officers of persons with an immigrant background.

Kyrgyzstan commended Belgium for accepting a number of recommendations, including the one on the establishment of a national human rights institution.  Belgium had shown its commitment to combatting racism, extremism and xenophobia.

Pakistan said it was encouraging that Belgium had accepted to ratify the Optional Protocol to the Convention against Torture and address the issues of xenophobia and racism in the country. 

Action Canada for Population and Development encouraged Belgium to ensure that undocumented migrants, refugees and asylum seekers had full access to sexual and reproductive health services.  It further encouraged the Government to decriminalize abortion, and urged it to ensure that comprehensive sexuality education was provided. 

Rencontre Africaine pour la défense des droits de l’homme regretted that Belgium was yet to provide a clear answer to recommendations relating to freedom of religion and combatting xenophobia.  It welcomed measures taken to reduce prison overcrowding, and encouraged further efforts in that regard. 

Amnesty International welcomed Belgium’s positive engagement with the Universal Periodic Review.  It regretted that there had been little engagement with civil society organizations with regard to the creation of a national human rights institution.  It also welcomed Belgium’s measures to combat violence against women, but remained deeply concerned about the detention conditions.  Amnesty International welcomed Belgium’s acceptance of recommendations relating to transgender persons, and urged the Government to implement them.

The President of the Council explained that out of the 232 recommendations received by Belgium, 185 were accepted while 45 had been noted.  Additional clarification had been provided for two additional recommendations.  


Concluding Remarks by Belgium

BERTRAND DE CROMBRUGGHE, Ambassador and Permanent Representative of Belgium to the United Nations Office at Geneva, thanked all the delegations who had made the effort to look through the reports of Belgium and said that this process was useful in identifying the areas where Belgium could do better.  With regard to criminalization of domestic violence and gender-based violence, Belgium said that the Criminal Law contained all the necessary tools to ensure that it addressed the phenomenon without the necessary change in the legislation.  On the target of 0.7 per cent of the gross domestic product for official development assistance, Belgium noted that this was a long-term target and said that it was improving its record, especially through the support to areas such climate change and assistance in conflict.  With regard to the fight against poverty, Belgium had decided that its assistance would shift more and more to the least developed countries, and in particular to countries which had official partnership. 

Addressing racist discourse in politics was part of the national action plan that the Government was currently working on, as was the action to address the rise in racist sites on the Internet.  Belgium was faced with a very high number of asylum requests - 35,000 at the moment – and Mr. Crombrugghe explained that it took time to ensure that housing and other social and basic needs services were available.  All asylum seekers had a roof, food and access to health and education.  The family policy in Belgium was a cornerstone of the society and Belgium recognized many different forms of families.  There was no legislation which barred wearing headscarves, but schools could decide for themselves how they wanted to address the issue, in alignment with the educational policy of the school and while taking into account the principle of non-discrimination.

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

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