Keynote Addressby Bacre Waly Ndiaye at the Caribbean Regional Seminar for Members of Parliament on the Role of Parliamentarians in the Promotion and Protection of Human Rights

Port of Spain, Trinidad and Tobago, 4 March 2013

Hon Wade Mark (Speaker of the House, Trinidad and Tobago)
Dr. William Shija, Secretary-General of Commonwealth Parliamentary Association
Hon. Anand Ramlogan (Attorney General of Trinidad and Tobago)
Advocate Karen MacKenzie,
Distinguished Members of Parliaments
Excellencies
Ladies and gentlemen,

It is my pleasure and my honour to address you here today on behalf of the Office of the High Commissioner for Human Rights. High Commissioner Navi Pillay has asked me to convey her best wishes to you for the success of this seminar.

I would like to thank the Commonwealth Secretariat and the Commonwealth Parliamentary Association for organizing this important meeting. My appreciation also goes to the Government and People of Trinidad and Tobago for hosting this event, extending to us their legendary warm and generous hospitality and sharing with us the richness and diversity of its cultures.

I welcome this timely opportunity to address you at the start of what, I am convinced, will be an important and fruitful dialogue.

My today’s presentation will focus on the mechanisms of the Human Rights Council, in particular the Universal Periodic Review (UPR). I will then describe the main human rights challenges in your region as identified by the UPR before sharing some concrete ideas on the role of parliamentarians in this process. I will close on the values of strengthening working relations and joining our efforts towards our common endeavour: the enjoyment of all human rights by all in the Caribbean countries.

Excellencies,

As we meet, the Human Rights Council is entering into the second week of its four-week long March session in Geneva. The first week was as usual, very busy and marked by two High level Panel Discussions on the Vienna Declaration and Programme of Action (VDPA) which reaffirms the universality, indivisibility and interrelatedness of all human rights. The other High Level Panel wason human rights mainstreaming with the participation of the UN Secretary General Ban ki-Moon and many heads of UN agencies . There were also side events such as the one on the power of empowered women.

Several senior representatives from the Caribbean English speaking countries addressed the Council. In his statement Mr. Kamalesh Sharma, the Secretary-General of the Commonwealth Secretariat provided a timely update on the priority human concerns of the Commonwealth and the practical aspects of its work in promoting and protecting human rights. He also referred to this seminar as a concrete example of partnering with OHCHR on issues of common interest such as the UPR and Treaty Bodies.

He reaffirmed his commitment to strengthen the Commonwealth strategic partnership with OHCHR in the years to come.

Ladies and Gentlemen,

Since its establishment over six years ago, much has been said publicly about the Council by advocates and critics alike. The media has steadily reported on the Council’s activities providing a welcome spotlight on its activities.

The UPR was created through the UN General Assembly on 15 March 2006 by resolution 60/251, which established the Human Rights Council itself and is its most significant achievement.

No other universal mechanism of this kind exists at the international level.

It is a cooperative process that reminds all States of their responsibility to respect, protect and fulfil all human rights and fundamental freedoms. The ultimate aim of this mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur.

The uniqueness of this process stems from its universality: each and every Member states of the UN is reviewed with equal scrutiny and on the basis of uniform criteria.

The UPR (is a State-driven process, under the auspices of the Human Rights Council, which) provides the opportunity for each State to declare the actions they have taken to improve the human rights situations in their countries and to implement their human rights obligations.

The first Working Group meeting of the UPR took place in April 2008. Now in its second cycle, the mechanism has been judged to be positive, even by those who were dubious at the outset. The 100 per cent participation of States during the first cycle has been a major achievement and set the bar very high and challenging.

Excellencies,

A measure of the success of the UPR was also shown by the high-level participation, very often at ministerial level, of delegations during the first 4 years cycle, which has also been a feature of the second cycle, and the constructive discussions and recommendations posed to the States under review.

The submission by States under review of their position on the recommendations in writing is the norm, and voluntary mid-term reports are increasingly common. From the perspective of States, the UPR has proven to be a transparent, collaborative instrument for change, which takes a broad and holistic approach.

It has been a learning tool for all, providing an opportunity for self-reflection and dialogue in a constructive spirit. It has strengthened the notion of universality of human rights, while at the national level; the preparation of the State report has provided the framework for institutional collaboration across State structures, as well as between State and civil society. It has also laid the foundation for sustainable information collection which is essential for ensuring implementation of human rights obligations at national level and cooperation at the international level including with United Nations country teams and development partners.

Ladies and Gentlemen,

As you are aware, more than twelve thousand recommendations have been produced by the UPR mechanism by the end of the first cycle. The average number of recommendations made to English speaking Caribbean countries was about 85 (– with Barbados accounting for the lowest number of recommendations received (21) and Jamaica for the highest number of recommendations received (121). I would like to commend your region for its constructive and fruitful participation.

The first cycle of the review showed the potential of the mechanism as a catalyst for change. Standing invitations to special procedures, as well as invitations to specific mandates, were issued in the lead up, during or after the review. Some also ensured that communications from special procedures were addressed. Ratification of human rights treaties often coincided with the review, as did withdrawal of reservations and submission of outstanding treaty body reports.

It is widely recognized that the UPR mechanism has contributed to awareness-raising and constructive dialogue at national level. (As detailed in the Human Rights Council’s resolution 5/1) States have been encouraged to prepare their national report through a broad consultation process at national level with all relevant stakeholders: NGOs, civil society, national human rights institutions. Many States put processes in place, including public hearings and dissemination of the report, to ensure this consultation. This essential process should continue and be strengthened.

Excellencies,

We are now in the second cycle of the UPR which must build on the achievements of the first.

It must continue to be cooperative, but sincere, principled and truly objective. It must continue to ensure that States and civil society work together to improve human rights enjoyment on the ground by encouraging the creation of appropriate mechanisms. It must continue to attract the inputs of all stakeholders and strengthen their interest in the process of the review and the implementation of recommendations though it is primarily the State under Review’s responsibility. Recommendations must be streamlined, framed in a fashion which is implementable and can be followed up, while States must approach them seriously and non-selectively.

We must remain mindful of potential setbacks. For instance, the high number of recommendations made during the past UPR session – on average 128 per State under review - should not mislead us, as many were repetitive or similar to those made during the previous review, more emphasis should be placed on States’ commitments to their human rights obligations to make this process truly successful. We must do all we can to ensure that the 100 per cent participation during the first cycle is maintained.

Two countries, the Bahamas and Barbados, were reviewed for the second time in January/February 2013. Belize will also be reviewed in 2013. Other English-speaking Caribbean countries will be reviewed in 2014(Dominica), 2015 (Grenada, Guyana, Jamaica, Saint Lucia and Saint Kitts & Nevis) and 2016, Saint Vincent and the Grenadines, Antigua and Barbuda, Trinidad and Tobago).

Accordingly, this seminar is very timely as the majority of your countries, will be reviewed in the next two years. You will be able to benefit from the experiences of the Bahamas and Barbados and other Commonwealth countries.

Distinguished participants,

I am pleased to report that, English-speaking Caribbean countries supported about 70 per cent of the total number of recommendations made. Some of the most common thematic issues raised as part of the recommendations which were supported by them include:

• ratification of core UN human rights conventions
• bringing domestic legislation in line with international human rights norms
• implementation of strategies and plans to promote and protect human rights, including to address issues of discrimination
• to consider establishing a national human rights institution in accordance with the Paris Principles and the Port of Spain Declaration (2011);
• cooperation with treaty bodies;
• cooperation with special procedures mechanisms ;
• introducing special measures aimed at increasing greater participation of women in public affairs and
• Encourage participation of stakeholders in the UPR follow-up and to provide mid-term updates to the HRC on progress being made in the implementation of UPR recommendations;
• We will review, during the next two days, the recommendations that were not supported by your countries.

Excellencies,

Last year, the High Commissioner for Human Rights visited Barbados (3-5 April 2012). This visit was the first ever to any of the English-speaking Caribbean countries.

No country in the world has a perfect human rights record. Work is needed to ensure that the human rights – economic, social and cultural, as well as civil and political – of all living in a country are fully protected. We have to take stock of on-going human efforts and advocate for concrete actions by your countries to achieve tangible improvements in the human rights situation in anticipation of its second UPR review, through the implementation of the UPR and other human rights mechanisms recommendations (special procedures and treaty bodies).

While progress has been made, much more remains to be done in the following areas that have been identified by the human rights mechanisms.

Excellencies,

Last week (25 February), in Geneva, the Deputy High Commissioner ,Mrs Kyung-wha Kang, participated in a high-level event entitled” Death penalty: why and how to Abolish it ? This was the opportunity to reiterate OHCHR’s position which is univocal: the death penalty should be abolished because it is incompatible with fundamental human rights values and remains an affront to our shared human dignity. According to the jurisprudence of the Human Rights Committee the sentence to death is so grave and irreversible that it should not be mandatory. We are aware that abolishing the death penalty takes political courage. We are pleased to see that developments over recent years worldwide indicate a growing trend towards abolition in all regions including in my own country Senegal and our neighbour Cape Verde, a small island developing country where the last execution took place in 1835!.

An overwhelming majority of Member States of the United Nations, some 150 of 193 States, has either abolished the death penalty or observes a legal or de facto moratorium on its use. An increasingly large number of Member States from all regions has acknowledged that the death penalty undermines human dignity, and that its abolition, or at least a moratorium on its use, contributes to the enhancement and progressive development of human rights.

The vast majority of countries of your region continue to retain the death penalty.

We commend the legislative reform initiatives aimed at abolishing the mandatory death penalty in several States. We also welcome the fact that executions remain rare even in the countries which still retain the death penalty. The last executions in the region were carried out in 2008.

Distinguished participants,
As it is the case in other parts of the world, discrimination needs to be tackled. International human rights law is clear: no one, no human being should be discriminated against because of the group he or she belongs to, and that of course includes discriminations based on race, origin, faith, religion, gender, age, health status such as HIV/Aids or sexual orientation or identity. While this may be unpopular with some segments of the population, it is the responsibility of Governments to show firm leadership and courage on issues relating to all forms of discrimination.

Discrimination against people of African descent continue to be reported despite the fact that, more than a decade following the Durban Conference, several States in the Caribbean have recognized the equal rights of people of African descent in their national constitutions and have establish commissions to analyse and study racial discrimination. Much needs to be done to address the limited access to quality education, health services, decent work and housing and the discrimination in the justice system people of African descent continue to face.

Indigenous communities also experience a similar situation.

Ladies and Gentlemen,

Over the last decades, Caribbean States have worked towards closing the gender gap in the region. Regionally, a reduction in gender disparities can be observed. I note with appreciation that the Caribbean region has made significant strides in increasing women’s political participation (women presidents and prime ministers. I take this opportunity to congratulate Trinidad and Tobago for the appointment of the first woman to be Prime Minister of this country H.E. Kamla Persad Bissessare.

Leading Caribbean women have played an important role in the work of the CEDAW and beyond to promote gender equality worldwide. We salute the work and commitment of Ms. Angela King (Jamaica), a dear friend and colleague, former Special Advisor to the Secretary-General of the United Nations on gender issues and advancement of women), Madam Justice Désirée Bernard (Guyana), the first female judge of the Caribbean Court of Justice and Ms. Barbara Bailey (Jamaica), the current rapporteur of CEDAW. They are inspiring figures and role examples for all of us especially the youth, boys and girls alike.

This region continues to experience an increase in parliamentary seats held by women. (The Inter-American Commission on Human Rights (IACHR) has, for example, noted that the number of women elected to parliaments in the Caribbean region has increased) from an average of 5% in 1990, to 20% in 2010. Another positive sign is that a number of countries have adopted concrete measures to address all forms of gender based violence against women, including discrimination in legislation, public policies and programmes. For example, most countries have incorporated the principles of non-discrimination and equality in their constitutions and laws, and in their national plans of action.

However, these steps forward must not mask the challenges ahead, in particular persisting prevalence of discrimination, violence and stereotypes against women.

Let me also take advantage of this seminar to address the alarming issue of violence in particular against women and girls in the region. According to data from UN Women, all Caribbean countries have high rate of sexual violence, including rape; while around 30% of women report being subjected to physical abuse. And, we know it, abuse is often under reported.

These structural problems warrant bold responses. I encourage the representatives of the people of the Caribbean region to adopt measures designed to guarantee real gender equality in all spheres of the society, while combating socio economic disadvantage and levels of poverty which still largely affect women in the region. I call upon you to further commit to the empowerment of women.

Other but equally important issues that need to be tackled urgently include: citizen security and their right to be protected against violent crimes and excessive use of force, the prison conditions, or developing programmes for human rights education and conduct campaigns to raise awareness on domestic violence, corporal punishment and sexual harassment as reports suggest that they are particularly serious problems.

Ending these scourges is within your reach.as demonstrated by progress made in many other challenging areas

Honourable Members of Parliaments,

All countries of your region have ratified the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and over 60% s have ratified the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic Social and Cultural Rights (ICESCR), the International Convention on the Elimination of Racial Discrimination (ICERD).

Other core international human rights treaties such as the Migrants and disabled conventions, the recently ratified optional protocol to the ESCR, and the Convention against torture and its optional protocol have a lesser rate of acceptance.

On the other hand, compared to the ratification status, the level of compliance with reporting obligations draws a rather discouraging picture.

Most States of the region, with little exception, are late in submitting their periodic reports to treaty bodies. In total, about 80% of periodic reports on the implementation of human rights treaties to be submitted to the relevant treaty bodies are overdue and this includes many initial reports.

We anticipate that this may reflect a lack of human, financial and technical capacity that hinders the commitment of the States parties to comply with their reporting obligations under the human rights treaties that they have ratified.

I further believe that a low-level of compliance with reporting obligations will be improved with necessary technical support and steps are being taken to address this capacity gap, by individual States and through cooperation with the Commonwealth Secretariat, the Caribbean Community Secretariat, and other regional and international organizations like OHCHR.

In fact, OHCHR is organizing next April in New York an event for States parties on the issue of capacity building in the area treaty reporting, particularly in the Caribbean and Africa, in response to the request from the CARRICOM and the African countries for more information on technical assistance in this regard and in the context of the UN General Assembly debates on the strengthening of the treaty body system.

Excellencies,

Among the dignitaries who addressed the current session of the Human Rights Council was Mr Anders Johsson, SG of the IPU.

As members of Parliaments, you have a critical role to play in promoting, protecting, and respecting international human rights obligations and commitments. Your role is not limited to the UPR but it is also applicable to all UN and regional human rights mechanisms and recommendations (Treaty bodies, special procedures, regional human rights institutions, etc.).

• To strengthen your role as lawmakers (many of the UPR recommendations relate to human rights treaty ratification, integration of these treaties’ norms in the domestic legal system, review of existing laws to make them compliant with these norms, adoption of new laws reflecting them, effective monitoring of implementation of laws, establishment of institutions to promote and protect rights)
• To establish parliamentary human rights committees aimed at promoting and protecting rights in the legislative work
• To organise parliamentary/public hearings focusing on human rights issues of concern, including through the webcasting of your country’s UPR review
• To contribute to the national report (prepared by the state) for the UPR
• To disseminate within the three branches of the state, and the public, the commitments made by the state at the time of the review (accepted recommendations, voluntary commitments)
• To monitor Government’s action with regard to human rights (implementation of commitments made when accepting UPR recommendations) and hold it accountable

Acting as a bridge between civil society, National human rights institutions (if they exist), the executive and the judiciary Members States of the Human Rights Council are considering how to further strengthen, in cooperation with the IPU, the role of MP’s in the UPR mechanism.

Excellencies,

Assisting States in their efforts to fulfil their human rights obligations has always been a priority for OHCHR. In this regard, we work with human rights institutions around the world on the UPR process. We welcome the Commonwealth Secretariat’s firm willingness to strengthen our partnership.

Since its inception, OHCHR has played a crucial role in integrating all human rights into international cooperation efforts. It contributed to highlighting the human rights dimension of the Millennium Declaration. Building on Member States’ human rights commitments in the 2010 Millennium Development Goals (MDGs) Review Summit outcome document, OHCHR promotes strong partnerships with human rights and development actors. In the lead-up to 2015, OHCHR is working to ensure that a human rights perspective is reflected in the work of UN interagency mechanisms dealing with the MDGs and is actively participating in the UN System Task Team on the Post-2015 Development Agenda.

We are engaging more and more in your region, including through the implementation of a UPR project in Barbados, the forthcoming deployment of human rights advisors and with RCs/UNCTs in Jamaica and elsewhere.

Special rapporteurs’ visits and treaty body recommendations are indeed mechanisms that help countries build a better future for all. Their pro bono expertise, independence and good will are valuable tools to advance implementation of human rights.

One of the last among the 49 Special Procedures is the mandate on human rights and climate change which is of particular interest for region facing the effects of climate change.

Cooperation between regional an international human rights mechanisms, including the Caribbean Court of Justice, is essential.

In 2011, OHCHR and the Commonwealth jointly organized a regional workshop on the establishment of national human rights institutions in compliance with the Paris Principles in the Caribbean. The Port of Spain Declaration acknowledges the essential role played by national human rights institutions and recognized the importance of cooperating with other partners, including OHCHR the Commonwealth Secretariat and UN country teams.

Our cooperation for the promotion and protection of human rights goes beyond the UN system. It also includes other intergovernmental organizations with which the Office signed Memoranda of Understanding, such as the OSCE or the Organisation Internationale de la Francophonie, just to list a few. We hope that our agreement with the Commonwealth will be strengthened in the years to come.

Distinguished participants,

In this spirit, I am confident that your active participation in this seminar will contribute to advancing policies and strategies towards an enhanced international cooperation in the field of human rights for the women, men and children of your countries.

I wish you a most successful and fruitful discussion and to be able to say what Aimé Cesaire , a great poet of the Caribbean expressed in such poignant words “My mouth will be the mouth of misfortunes that have no mouth, my voice, the liberty of those who are sinking in the dungeon of despair.” Thank you for your kind attention.

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