Human Rights Council adopts Universal Periodic Review outcomes of Antigua and Barbuda, Swaziland and Trinidad and Tobago

Human Rights Council  
AFTERNOON 

22 September 2016

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review of Antigua and Barbuda, Swaziland and Trinidad and Tobago.

Maureen Payne, Senator and Parliament Secretary at the Ministry of Legal Affairs and Public Safety of Antigua and Barbuda, said that Antigua and Barbuda was committed to empowering its citizens and their human rights.  Even though it was a small independent developing country, the Government did its best with limited resources to improve the quality of life for its citizens.  Antigua and Barbuda had noted and taken on board recommendations received.  Antigua and Barbuda had to balance its international obligations with its political and local obligations but it was committed to its human rights obligations.  Antigua and Barbuda did not have a human rights infrastructure and it would seek technical assistance in that regard. 

In the ensuing discussion, speakers welcomed the legal measures concerning trafficking in persons, the rights of migrants, and programmes to strengthen economic, social and cultural rights.  They also noted the adoption of the Domestic Violence Act and the Sexual Offences Act, and the law on juvenile justice.  Some speakers noted that Antigua and Barbuda had not accepted earlier recommendations related to establishing a national human rights institution, and that violence against women was a serious human rights concern.  They urged the country to submit its overdue State report to the Committee on the Elimination of Discrimination against Women.

Speaking were China, Cuba, Maldives, Nicaragua, Pakistan, Sierra Leone, United Nations Children’s Fund, Venezuela, and Bahamas.

Action Canada for Population and Development also took the floor.

The Council then adopted the outcome of the Universal Periodic Review of Antigua and Barbuda. 

Edgar Hillary, Minister of Justice and Constitutional Affairs of Swaziland, explained that the Government was not ready to accept the Second Optional Protocol to the International Covenant on Civil and Political Rights although it did not carry out capital punishment and would not do so in the foreseeable future.  Even though the death penalty was lawful, no one had been executed since 1983 to date.  Swaziland had accepted the recommendations on early marriages and on forced labour.  Regarding recommendations on freedom of expression, association and assembly, the Constitution of Swaziland guaranteed those rights.  

In the ensuing discussion, speakers commended Swaziland’s efforts to protect the human rights of its citizens and welcomed legislation on children’s rights, notably to protect them from abuse, and that ensured free primary education for all children, and legislation on the most vulnerable populations, notably ensuring their access to drinking water and electricity.  They encouraged the Government to enact legislation to ensure equality of women, as well as to implement previous recommendations on torture.  Some speakers remained deeply concerned that the latest set of reforms of the Suppression of Terrorism Act and Public Order Act continued to suppress individuals’ exercise of freedom of association and peaceful assembly. 

Speaking were Sudan, Togo, United Kingdom, United States, Venezuela, Algeria, Angola, Botswana, Chad, Republic of the Congo, Cuba, Egypt, Ethiopia, Haiti, Kenya, Libya, Maldives, and Nigeria.

Also taking the floor were the following civil society organizations: International Commission of Jurists, Rencontre Africaine pour la Defense des Droits de l’Homme, CIVICUS – World Alliance for Citizen Participation, Amnesty International, Human Rights Watch, and International Bar Association.

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

Ian Rampersad, Director of the International Law and Human Rights Unit at the Ministry of the Attorney General and Legal Affairs of Trinidad and Tobago, said that the Universal Periodic Review process had helped the country to assist vulnerable groups.  The Government via the Office of the Prime Minister was designing a plan to implement recommendations from the Review.  On the topic of children’s rights, the Government recognized that child marriage was an issue that the country needed to deal with.  It also recognized that discrimination on the basis of HIV/AIDS was a great concern, and it continued to work toward enhancing the rights of all individuals.

In the ensuing discussion, speakers commended Trinidad and Tobago for the successful implementation of social policies, programmes and initiatives to promote and protect the rights of children, including strengthening the capacity of the Children’s Authority and civil society.  They encouraged it to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, children prostitution and child pornography.

Speaking were Pakistan, Paraguay, Sierra Leone, Singapore, United Nations Children’s Fund, Venezuela, Bahamas, China, Cuba, India, Kenya, Maldives, and Nicaragua.  

The Council then adopted the Universal Periodic Review of Trinidad and Tobago.

The Council will resume its work on Friday, 23 September, at 9 a.m., to consider the outcome of the Universal Periodic Review of Thailand and Ireland.  It will then conclude its general debate on human rights bodies and mechanisms, and hold general debates on the Universal Periodic Review and on the human rights situation in Palestine and other occupied Arab territories.

Documentation

The Council has before it the Report of the Working Group on the Universal Periodic Review – Antigua and Barbuda (A/HRC/33/13).

The Council has before it the Report of the Working Group on the Universal Periodic Review – Swaziland (A/HRC/33/14).

The Council has before it an addendum to the Report of the Working Group on the Universal Periodic Review – Swaziland: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/14/Add.1).

The Council has before it the Report of the Working Group on the Universal Periodic Review – Trinidad and Tobago (A/HRC/33/15).
 
The Council has before it an addendum to the Report of the Working Group on the Universal Periodic Review – Trinidad and Tobago: views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review (A/HRC/33/15/Add.1).

Consideration of Outcome of the Universal Periodic Review of Antigua and Barbuda

MAUREEN PAYNE, Senator and Parliament Secretary at the Ministry of Legal Affairs and Public Safety of Antigua and Barbuda, said that Antigua and Barbuda was committed to empowering its citizens and their human rights.  Even though it was a small independent developing country, the Government did its best with limited resources to improve the quality of life for its citizens.  Antigua and Barbuda had noted and taken on board recommendations received.  There were many recommendations in relation to the death penalty and the buggery laws.  Ms. Payne explained that Antigua and Barbuda did not prosecute males who indulged in sexual relations, but it had become a big issue in the country.  The Universal Periodic Review process had started a public dialogue on this issue, it would take time for things to change, but this would help open peoples’ minds.  Antigua and Barbuda had to balance its international obligations with its political and local obligations but it was committed to its human rights obligations.  Antigua and Barbuda did not have a human rights infrastructure and it would seek technical assistance in that regard. 

China welcomed the acceptance of the recommendations to fight gender-based violence and on the rights of persons with disabilities and children.  China would support Antigua and Barbuda in its efforts to eradicate poverty and urged the international community to provide technical assistance in the field of human rights.

Cuba acknowledged the efforts of Antigua and Barbuda to follow up the recommendations from the Universal Periodic Review and provide the effective protection of human rights.  Cuba welcomed the legal measures concerning trafficking in persons and the rights of migrants, and the programmes to strengthen economic, social and cultural rights. 

Maldives was pleased to see that Antigua and Barbuda had accepted two of its recommendations, on taking steps to implement the Domestic Violence Act and the Sexual Offences Act, and recommended that more resources were put in advancing health care services.  

Nicaragua welcomed the progress made in Antigua and Barbuda’s legal and international framework and the measures taken to improve the human rights situation of its people.  Nicaragua in particular welcomed the adoption of the laws on juvenile justice, on preventing trafficking in persons, and on preventing trafficking of migrants, and congratulated Antigua and Barbuda on the ratification of the Convention on the Rights of Persons with Disabilities earlier this year.

Pakistan said that small island developing States faced several capacity constraints which could be overcome through technical assistance from the United Nations and the international community as requested. 

Sierra Leone expressed appreciation that as a small island developing State, Antigua and Barbuda was faced with implementation and technical constraints, and commended the country for its efforts to find viable solutions through regional partnerships that would enable it to meet its long-term socio-economic commitments and human rights obligations. 

United Nations Children’s Fund noted that Antigua and Barbuda had not accepted an earlier recommendation related to establishing a national human rights institution, and also noted that violence against women was a serious human rights concern, urging the country to submit its overdue State report to the Committee on the Elimination of Discrimination against Women. 

Venezuela said that Antigua and Barbuda’s Government had been engaged in open cooperation, noting its accession to the Convention on the Rights of Persons with Disabilities, and adding that Venezuela would continue to cooperate closely to help Antigua and Barbuda achieve socio-economic development. 

Bahamas said that Antigua and Barbuda had pledged support to 37 of the 115 recommendations it had received, among them supporting a number of recommendations related to technical assistance and capacity building to strengthen monitoring. 

Action Canada for Population and Development acknowledged in a joint statement the declaration of the Cabinet that no act of violence against lesbian, gay, bisexual, transgender and intersex persons would be tolerated, but there was no evidence of real commitment and that the recommendation to this effect had not been accepted.  Examples from other small Caribbean States proved the possibility of legislating for the protection of lesbian, gay, bisexual, transgender and intersex persons.

The Vice-President said that, based on the information provided, out of 115 recommendations received, 37 enjoyed the support of Antigua and Barbuda, while 78 were noted.

MAUREEN PAYNE, Senator and Parliament Secretary at the Ministry of Legal Affairs and Public Safety of Antigua and Barbuda, thanked all the delegations for their constructive suggestions and comments.  The Government was making progress with its Disability Protocol, which had been passed in Parliament recently.  As for the protection of lesbian, gay, bisexual, transgender and intersex persons, Antigua and Barbuda was a society where everyone was entitled to protection.  Violence and discrimination was an issue for everyone in the Caribbean region.  She invited the representative of Action Canada for Population and Development to discuss that issue with her in person.  She had advised the Government to take on board the recommendation on the establishment of a national human rights institution.  As for childcare, the Government had undertaken steps to raise the age for criminal responsibility to 12 years.  The Government was open to share experiences with other countries and to learn from them.  

The Council then adopted the outcome of the Universal Periodic Review of Antigua and Barbuda. 

Consideration of Outcome of the Universal Periodic Review of Swaziland

EDGAR HILLARY, Minister of Justice and Constitutional Affairs of Swaziland, said that Swaziland had received 181 recommendations, of which 130 enjoyed Swaziland’s support.  He then turned to giving details on some issues, beginning with prison conditions.  The State was currently rehabilitating dilapidated correctional facilities and constructing new ones.  All correctional centres were administered in accordance with United Nations Standard Minimum Rules for the Treatment of Prisoners.  He then turned to the recommendations noted by Swaziland, first of which was accession to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which the country was not ready to accept although the country did not carry out capital punishment and would not do so in the foreseeable future.  Concerning accession to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the recommendation was not supported because the Constitution and labour laws adequately protected the rights of migrant workers and members of their families. 

With regard to the formal abolition of the death penalty, it was noted that even though the death penalty was lawful, no one had been executed since 1983 to date.  On the recommendation under the heading of discrimination, a recommendation had been made to allow women to transmit their nationality to their children.  Swaziland had noted that recommendation, but enabling Swaziland’s women to transmit their nationality to their children with foreign men would require the amendment of the Constitution.  Regarding the prohibition of corporal punishment in all settings, in as far as children in conflict with the law were concerned, the Child Protection and Welfare Act of 2012 had abolished whipping as a competent sentence.  He then turned to recommendations that had been accepted, beginning with Swaziland’s adoption of the Sexual Offences and Domestic Violence Bill and taking measures to abolish practices that were harmful to women and girls.  Swaziland also accepted the recommendations on early marriages, and on forced labour.  Regarding recommendations on freedom of expression, association and assembly, the Constitution of Swaziland guaranteed those rights.  

Sudan commended Swaziland’s efforts to protect the human rights of its citizens and legislation on children’s rights, notably to protect them from abuse and that ensured free primary education for all children.  It welcomed the acceptance of the majority of the recommendations and wished Swaziland success in their implementation.

Togo welcomed all the measures to protect the rights of the most vulnerable populations, notably their access to drinking water and electricity.  It also noted the protection of children and encouraged Swaziland to make additional measures to protect HIV-infected orphans.  As for the implementation of development programmes, additional efforts were necessary.

United Kingdom welcomed the recent steps to reform the Suppression of Terrorism Act and engagement with civil society in that matter.  It encouraged the country to take measures to ensure the independence of the judiciary, particularly in the appointment and dismissal of judges.  Swaziland should enact legislation to ensure the equality of women.  Recommendations on torture were yet to be implemented.

United States welcomed Swaziland’s decision to accept recommendations to ensure respect for and protection of freedoms of association and peaceful assembly, an independent judiciary, and the rights of women and children.  It remained deeply concerned that the latest set of reforms of the Suppression of Terrorism Act and Public Order Act continued to suppress individuals’ exercise of freedom of association and peaceful assembly.

Venezuela appreciated the commitment of Swaziland to human rights protection.  It had acceded to the Convention on the Rights of Persons with Disabilities and it Optional Protocol and had applied policies to improve its people’s living standards, such as free primary education.   

Algeria commended the measures taken to consolidate human rights, namely in relation to the elimination of torture, independence of the judiciary, and the protection of children.  It welcomed the strengthening of freedom of expression and assembly, and the fight against sexual and gender-based violence, gender inequalities and traditional discriminatory practices. 

Angola commended Swaziland for the acceptance of the majority of the recommendations made by States and encouraged it to improve the penitentiary system and increase access to health care with the view to improve the situation of HIV/AIDS and malaria.

Botswana commended Swaziland for the enactment of the Child and Protection and Welfare Act, and for policy measures on addressing gender-based violence.  Swaziland should finalize the Sexual Offenses and Domestic Violence Bill that had been pending for some time, which would go a long way in addressing cases of sexual violence and ensuring that perpetrators were brought to justice.

Chad commended the apparent improvement of the human rights situation in Swaziland thanks to the institutional framework put in place by the 2005 Constitution and the ratification of international and regional human rights instruments.  The Council should adopt Swaziland’s report.

Republic of the Congo congratulated Swaziland on the implementation of the recommendations from the previous cycle of the Universal Periodic Review and the ratification of a number of human rights treaties, as well as the submission of reports to treaty bodies.  The Republic of the Congo welcomed the commitment of Swaziland to put in place policies for the respect of economic and social rights.

Cuba noted that despite the challenges, Swaziland had made progress in improving its human rights situation and commended measures to improve gender equality and human rights training of judicial officials.  The international community should provide the required technical assistance and capacity building to Swaziland.  Cuba welcomed the acceptance of its recommendation concerning human rights training and the education system to allow for access to high quality and free primary education for all citizens.

Egypt commended the achievements and considerable progress made in the field of human rights, as reflected in the 2013 elections and the ratification of a number of human rights instruments.  Egypt was pleased about the acceptance by Swaziland of its recommendations to harmonize national legislation with international human rights obligations, and to address maternal mortality.

Ethiopia noted with satisfaction the acceptance of a great number of recommendations, including on allocating adequate funding to HIV/AIDS care and removing barriers to free and universal primary education.  Ethiopia supported the adoption of the outcome of the Universal Periodic Review of Swaziland with consensus.

Haiti commended the cooperation of Swaziland with human rights mechanisms and congratulated it for having taken into consideration recommendations on cooperation with civil society, protection of freedom of assembly, protection of children with disabilities, and children and women living with HIV.  It encouraged Swaziland to seek technical assistance in order to implement recommendations.

Kenya was pleased that Swaziland had accepted most of the recommendations and encouraged it to keep the momentum and to implement the remaining international human rights treaties.  It also encouraged the Government to work closely with stakeholders as they implemented their human rights obligations.

Libya welcomed the efforts of Swaziland to promote and protect human rights, and its decision to accept the majority of recommendations.  It wished it success in the implementation of recommendations.

Maldives appreciated Swaziland’s constructive engagement with the Universal Periodic Review and that it had accepted Maldives’ recommendation on expediting the National Disaster Management Act.  It had made legislative strides in addressing gender-based violence, and in ensuring access to drinking water. 

Nigeria appreciated the measures already taken by Swaziland to improve the promotion and protection of human rights, including measures introduced to safeguard lives and livelihoods of the less privileged and vulnerable groups, while at the same time keeping intact mechanisms to accelerate economic growth and recovery. 

International Commission of Jurists was concerned by the lack of implementation of the recommendations accepted during the first cycle, including to guarantee the independence and impartiality of judges, or to ratify key human rights instruments such as the Rome Statute, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Convention for the Protection of All Persons from Enforced Disappearance.

Rencontre Africaine Pour la Défense des Droits de l'Homme commended the efforts to combat gender-based violence and said that great efforts had been made in HIV/AIDS treatment and prevention, and the provision of access to safe drinking water and sanitation.  Swaziland should take further steps to guarantee the independence of the Human Rights Commission, continue to work on the empowerment of women, prevent torture by security officials, and ensure the impartiality and independence of the judiciary.

CIVICUS-World Alliance for Citizens Participation said that the Government still refused to be transparent and accountable, and that it refused to decriminalize same sex relations.  Swaziland should immediately enact the Sexual Offenses and Domestic Violence Bill of 2015, enable women to pass their citizenship to their children and their spouses, and ensure the full implementation of the Children Protection and Welfare Act 2012.

Amnesty International said it had consistently raised concerns with the authorities of Swaziland that law enforcement officials used excessive force against peaceful demonstrators and used torture and other ill-treatment against arrested or detained persons, and called on Swaziland to urgently enact legislation that defined and criminalized torture. 

Human Rights Watch said the Government of Swaziland had made little progress in implementing the recommendations it had accepted during its last Universal Periodic Review in 2011.  Human Rights Watch urged the Government to guarantee the rights to freedom of association, peaceful assembly, and expression.

International Bar Association, in a joint statement with Lawyers for Lawyers, said that Swaziland’s second Universal Periodic Review cycle occurred in the backdrop of a judicial crisis in the country, adding that Swaziland had to effectively engage in the process of judicial reform, including by tackling underlying legal and policy factors which undermined the proper functioning of the judiciary.

The Vice-President said that, based on the information provided, out of 181 recommendations received, 131 enjoyed the support of Swaziland, while 50 were noted.

EDGAR HILLARY, Minister of Justice and Constitutional Affairs of Swaziland, in his concluding remarks, thanked the Troika and the Member States of the Council for the positive spirit of engagement.  The establishment of the Universal Periodic Review was an important milestone in the protection of human rights.  Swaziland was working hard towards the implementation of all accepted recommendations.  Mr. Hillary thanked States and civil society organizations for their recommendations and encouragement, and acknowledged the technical assistance by the Office of the High Commissioner for Human Rights and looked forward to their continued support. 

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

Consideration of Outcome of the Universal Periodic Review of Trinidad and Tobago

IAN RAMPERSAD, Director of the International Law and Human Rights Unit at the Ministry of the Attorney General and Legal Affairs of Trinidad and Tobago, said that the Universal Periodic Review process had helped Trinidad and Tobago assist vulnerable groups.  Trinidad and Tobago had received 157 recommendations.  The Convention on the Rights of Persons with Disabilities had been ratified.  Trinidad and Tobago’s ratification would further propel programmes to assist persons with disabilities in reaching their fullest potential.  The Government via the Office of the Prime Minister was designing a plan to implement recommendations from the Review.  On the topic of children’s rights, the Government recognized that child marriage was an issue that the country needed to deal with.  The State had embarked on a nationwide consultation process. 

Trafficking in persons was recognized as a serious crime in Trinidad and Tobago.  Because of the country’s geographical location, it was a point of transit for that crime.  Increased funding had been granted to the anti-trafficking unit.  Turning to the issue of capital punishment, he said that while it remained part of legislation, it was kept within safeguards.  Regarding the use of corporal punishment of children, Trinidad and Tobago was changing systemically to veer away from such practices.  Every citizen of Trinidad and Tobago had the protection of the written Constitution.  Discrimination on the basis of HIV/AIDS was a great concern, and the Government continued to work toward enhancing the rights of all individuals.  No country was perfect, and Trinidad and Tobago would continue to work on cultivating values and building resilience to challenges faced every day.  Trinidad and Tobago intended to maintain its high level of ambition on human rights issues.
     
Pakistan highly valued the constructive engagement of Trinidad and Tobago with the human rights machinery and the commitment to the promotion and protection of human rights which was evident from legislative, policy and institutional measures taken.  Pakistan particularly valued efforts to protect the rights of women and children, reduce poverty, improve the administration of justice, and reduce the incidence of violent crime.

Paraguay welcomed the plans and policies to eradicate violence against women, which should be a priority for all States.  Paraguay urged Trinidad and Tobago to continue to make progress on the ratification of international human rights instruments and said it was ready to start technical cooperation if necessary.

Sierra Leone noted with appreciation the ratification in 2015 of the Convention on the Rights of Persons with Disabilities, and the concrete measures taken to protect the rights of the child, including through the establishment of the Child Protection Units.  Trinidad and Tobago should raise the age of marriage to 18 years of age. 

Singapore appreciated the efforts of this small island developing State, which was multi-religious and multi-ethnic, to build a nation that drew its strength from its diversity.   Singapore was pleased by the acceptance of its recommendations to strengthen the protection of victims of human trafficking and ensure full implementation of the Trafficking in Persons Act, and also to ensure that persons with disabilities had access to employment opportunities, and that children with disabilities had access to quality education.

United Nations Children’s Fund commended Trinidad and Tobago for the programmes and initiatives to promote and protect the rights of children, including strengthening the capacity of the Children’s Authority and civil society.  It urged the Government to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, children prostitution and child pornography.

Venezuela welcomed the openness of Trinidad and Tobago during the Universal Periodic Review.  The Government had made significant progress in the provision of housing, food and education, and strengthening the institutional framework in the domain of human rights.  It noted the successful implementation of social policies.

Bahamas appreciated that Trinidad and Tobago had accepted recommendations on legislative review and reform to address discrimination against women in national law, the development of a coordinated, inter-agency approach for responding to gender-based violence, and the acceleration of efforts to incorporate the Convention on the Rights of Persons with Disabilities into national law.

China commended Trinidad and Tobago for its efforts to protect economic, social and cultural rights, strengthening of the national human rights framework and institutions, and protection of women, children and persons with disabilities. 

Cuba congratulated Trinidad and Tobago on its ongoing commitment to the Universal Periodic Review mechanism.  It underscored the progress made on universal education and drug use policies.  It praised the acceptance of recommendations on the need for better understanding of the needs of young people and drafting of more equitable strategies for achieving gender equality. 

India said that it took positive note of Trinidad and Tobago’s participation in the Universal Periodic Review process, adding that it was encouraging to note that the country had accepted a large number of recommendations.

Kenya commended Trinidad and Tobago for accepting 71 of the recommendations made, including three which had been made by Kenya; that demonstrated the country’s commitment to implementing human rights and fundamental freedoms for all despite resource constraints.

Maldives welcomed Trinidad and Tobago, a fellow small island developing State, and recommended that the country develop and implement a national awareness-raising campaign on human rights, implement the updated National Policy on Persons with Disabilities, and benefit from technical assistance from the Office of the High Commissioner of Human Rights toward implementing its obligations under international laws and treaties.  

Nicaragua welcomed the delegation of Trinidad and Tobago and noted that significant progress had been made since the first cycle, particularly progress on the problems of human trafficking; the country’s accession to several important international instruments was further noted.

The Vice-President said that, based on the information provided, out of 157 recommendations received, 79 enjoyed the support of Trinidad and Tobago, while 78 were noted.

IAN RAMPERSAD, Director of the International Law and Human Rights Unit at the Ministry of the Attorney General and Legal Affairs of Trinidad and Tobago, in his concluding remarks, reiterated the commitment of Trinidad and Tobago to ensure that its citizens lived in an environment without discrimination and with full protection.

The Council then adopted the outcome of the Universal Periodic Review of Trinidad and Tobago.

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