人权理事会通过关于布隆迪、卢森堡和巴巴多斯的普遍定期审议结果（部分翻译）

下午

2013年6月6日

人权理事会今天下午通过了关于布隆迪、卢森堡和巴巴多斯的普遍定期审议结果。

Clotilde Niragira, Minister of National Solidarity, Human Rights and Gender of Burundi, said that Burundi had rejected 39 of the 176 recommendations which it had received, including all 11 recommendations about sexual relations between people of the same sex, which ran counter to the values and views of the Government. Burundi had accepted the vast majority of the recommendations made to it, including those dealing with the rights of women, children, the right to education and development, the improvement of living conditions in prisons, awareness-raising of human rights, and the strengthening of national human rights institutions.

In the discussion on Burundi, speakers acknowledged the obstacles facing Burundi during this transitional period to peace, and commended the country on its continuing engagement with international human rights mechanisms and on its efforts to protect the human rights of its citizens. In particular, speakers noted the numerous reforms introduced, including child protection measures, a strategy to promote economic growth, and steps to consolidate the National Human Rights Commission. Some speakers raised concerns about the restrictive media law recently introduced by the President of Burundi, the non-acceptance of recommendations to abolish the death penalty, impunity in relation to extrajudicial killings, and the rejection of recommendations on indigenous peoples. Speakers also underlined the need for Burundi to tackle homophobia and discrimination based on sexual orientation.

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

Jean-Marc Hoscheit, the Permanent Representative of Luxembourg to the United Nations Office at Geneva, said that in total Luxembourg had accepted 112 recommendations. Luxembourg had not been able to accept the recommendations regarding the Convention on the Rights of the Child, asylum seekers, the ratification of the Convention on the Protection of Migrant Workers and Members of their Families, and compulsory human rights education for public employees. While Luxembourg was aware of its responsibilities for the protection of migrant workers, some of the provisions for their protection were guaranteed by other instruments. Concerning the protection of citizens of third countries, the issue concerned European Union law, which posed obstacles to the ratification of the relevant international instruments.

In the discussion on Luxembourg, speakers congratulated Luxembourg on accepting a large number of the recommendations it had received and on its particular efforts to promote equality and combat racial discrimination. One speaker said that Luxembourg’s efforts for the promotion and protection of human rights could be taken as an example of good practices. Speakers also urged Luxembourg to consider accepting the recommendation to reinforce legislation against sexual exploitation of children.

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

Marion Vernese Williams, Permanent Representative of Barbados to the United Nations Office at Geneva, said that 115 recommendations were considered in detail and responses had been developed. As a small island developing State, Barbados was committed to the human rights agenda and the principles underlying it. The process had made clear the real capacity constraints experienced by Barbados and the need for international financial support and technical assistance in order maintain aspects of what had been placed on the list of recommendations. Although not all recommendations could be accepted at this time, Barbados assured that it took serious note of them.

In the discussion on Barbados, speakers recognized that as a small island developing State, Barbados had suffered the effects of the international financial and economic crisis, but acknowledged its ongoing commitment to improving the human rights of its people. Speakers also commended Barbados on its spirit of cooperation with the Universal Periodic Review mechanism, and welcomed Barbados’ initiative to examine the Family Law Act and all legislation regarding children in line with the Convention on the Rights of the Child. Speakers asked Barbados to ratify the Optional Protocol to the Convention Against Torture and the Convention for the Elimination of Discrimination Against Women.

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

The Council will reconvene on Friday, 7 June, at 9 a.m., when it will continue its general debate on human rights situations that require the Council’s attention. From 10 a.m. to 1 p.m., the Council will consider the outcomes of the Universal Periodic Review of Montenegro, the United Arab Emirates and Liechtenstein. From 1 p.m. to 3 p.m., the Council will conclude its general debate on human rights situations that require the Council’s attention and will then hear the presentation of reports by the Social Forum, the Forum on Business and Human Rights, and the Working Group on the Right to Peace. It will then start its general debate on subsidiary bodies of the Council. From 3 p.m. to 4 p.m., the Council will consider the outcome of the Universal Periodic Review of Serbia, and then will conclude its general debate on subsidiary bodies of the Council, and time allowing, will start its general debate on the Universal Periodic Review.

Consideration of Outcome of Universal Periodic Review of Burundi

CLOTILDE NIRAGIRA, Minister of National Solidarity, Human Rights and Gender of Burundi, said Burundi was proud to have taken part for the second time in the Universal Periodic Review. Burundi was fully aware of the Universal Periodic Review as a significant tool. The Government of Burundi took all the necessary time to review the recommendations and analyse their merit. Of the 176 recommendations submitted, 39 were rejected. In this relation, all 11 recommendations about sexual relations between people of the same sex and homosexual conduct were rejected as running counter to the values and views of the Government of Burundi. Recommendations regarding freedom of assembly were made on the assumption that no such right was protected in Burundi; however this was false since Burundi was a signatory to international instruments to this effect. Rejected recommendations also included those concerning the role of the press. This was because Burundi believed the press must be controlled. In addition, according to universally recognized standards, criminal responsibility fell to the individual and Burundi rejected recommendations that ran counter to this principle in attempting to hold State actors to criminal standard.

Burundi accepted the vast majority of the recommendations made to it including those dealing with the rights of women, children, the right to education and development, the improvement of living conditions in prisons, awareness-raising of human rights, the strengthening of national human rights institutions, relationships with international bodies and so on. Burundi’s second engagement with the Universal Periodic Review was constructive and the fact that the majority of the recommendations were adopted or would be implemented spoke to this. However, the goodwill of Burundi would not be enough without the technical assistance of the international community and Burundi welcomed such assistance.

Tanzania welcomed the progress which Burundi had made in the promotion and protection of human rights, despite numerous obstacles. Tanzania commended Burundi on embarking on a number of initiatives and reforms, including child protection measures, and adopting a strategy to promote growth and to combat poverty. Tanzania encouraged Burundi to accede to other international human rights instruments.

Venezuela appreciated the efforts made by Burundi and was satisfied with the steps taken to consolidate its national human rights commission in accordance with the Paris Principles. Venezuela noted that progress had been made in terms of giving the population access to basic social services, particularly to free education and free healthcare.

Viet Nam commended Burundi on its efforts to promote and protect human rights and noted that progress had been made in a short period of time since the country’s last Universal Periodic Review. Viet Nam noted with appreciation that Burundi had accepted many of its recommendations, including two made by Viet Nam.

Algeria said that Burundi had made efforts for the protection of human rights and had undertaken a number of reforms. Algeria had made two recommendations on the implementation of the national plan for health development and the adoption and the national plan on the rights of the child. Algeria called on the international community to provide assistance to Burundi so that it was able to meet its challenges.

Benin welcomed the presentation of the second report of Burundi. Benin noted with satisfaction the abolition of the death penalty and free health care for children and during maternity. Benin recommended that the Council adopt the outcome of the Universal Periodic Review of Burundi.

Burkina Faso welcomed the delegation of Burundi and its presentation. Burkina Faso encouraged Burundi to continue with its efforts and recommended that the Council adopt the report.

Côte d’Ivoire expressed appreciation for Burundi’s efforts to bring its legal and institutional frameworks in line with international standards and noted the progress made towards the signing of a number of international human rights instruments. Côte d’Ivoire called on the international community to provide Burundi with sufficient assistance for the implementation of the recommendations, as well as to ensure food security and combat poverty.

Cuba commended Burundi on taking comprehensive and strategic measures to strengthen the rule of law, to promote gender equality, and to improve access and quality of services whilst transforming the economy. Measures aimed at ensuring equitable access to education and healthcare should continue.

Gabon welcomed Burundi’s cooperation with human rights mechanisms for the promotion and protection of human rights, and noted with appreciation efforts to strengthen the capacities of national institutions and to bring them into conformity with the Paris Principles. Gabon encouraged Burundi to continue to take measures to protect the rights of women.

Libya said that Burundi deserved to be commended on its efforts to combat poverty, create a national institution for human rights, and strengthen civil and political rights. Libya welcomed the new criminal law which criminalized rape and torture, and said that it was an important step to ensure that the perpetrators of such crimes were punished.

Mauritania commended Burundi for its achievements in the promotion and protection of human rights. It praised Burundi for the consolidation of the rule of law and the progress it had made in training the police so that there was a better relationship between law enforcement officers and the public.

Morocco said that Burundi’s establishing of a national human rights institution and ombudsman were welcomed. As a fraternal State, Morocco wished Burundi every success in its implementation of the recommendations of the Universal Periodic Review.

Human Rights Watch said measures taken to avoid prison overcrowding and the establishment of a truth and reconciliation commission were welcomed. However progress on extrajudicial executions was slow and the new press law contained serious restrictions on the freedom of the press. Civil society activists had received threats from government officials for highlighting abuses and Human Rights Watch urged all such threats to stop. The rejection of recommendations concerning the rights of homosexuals was regretted.

International Lesbian and Gay Association, in a joint statement, drew attention to human rights abuses against sexual minorities. In April the Criminal Code enshrined discrimination against homosexuality. The institutionalisation of homophobia had been followed by a number of incidents and abuses against sexual minorities. The Association urged Burundi to continue to set up Governmental initiatives in the field of sexual and reproductive health for sexual minorities.

East and Horn of Africa Human Rights Defenders Project asked Burundi to consider rejected recommendations, especially those regarding extrajudicial executions and the criminalisation of homosexuality. The Project called for the Government to set up a truth and reconciliation commission in accordance with international standards. The Government must implement recommendations concerning discrimination to legislation protecting women’s rights to inheritance.

Franciscans International took note of Burundi’s efforts and drew the Council’s attention to the national reconciliation process and lamented the lack of a truth and reconciliation commission envisioned. Franciscans International encouraged the Government to take legislative measures to establish a criminal court with jurisdiction over war crimes and crimes against humanity

CIVICUS regretted that the President of Burundi had recently introduced a drastically restrictive media law, which constituted an attack on the freedom of the press and whose implementation would curtail free speech and threaten reporters with high financial penalties for press offences. At the same time, impunity prevailed in the country, for example in terms of extrajudicial killings.

Association pour l’intégration et le Development Durable au Burundi said that it was vital to apply the law and punish the perpetrators of crimes against indigenous peoples. It was also important to reform the constitution in order to establish ethnic quotas and ensure that all persons were equal before the law. It was regrettable that no recommendations had been made to Burundi on matters relating to indigenous people.

CLOTILDE NIRAGIRA, Minister of National Solidarity, Human Rights and Gender of Burundi, thanked the Council for the recommendations and guidance. Burundi would take into account the advice it had been given and would work to implement the accepted recommendations, knowing that it would have the support of the international community, as had always been the case.

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

Consideration of Outcome of Universal Periodic Review of Burundi

JEAN-MARC HOSCHEIT, Permanent Representative of Luxembourg to the United Nations Office at Geneva, recalled at the outset that Luxembourg had accepted 41 recommendations, out of which 28 had been implemented or were in the process of implementation, and four recommendations did not receive support. After a process of consultation at the national level, Mr. Hoscheit said that out of the 76 remaining recommendations, 71 had been accepted. In total, Luxembourg had accepted 112 recommendation and a detailed account of its justification was contained in its written response. Concerning those recommendations which had not been accepted, Mr. Hoscheit referred to the question of the detention of unaccompanied minors waiting for a decision of return. Luxembourg estimated that the cancellation of the possibility of placing an unaccompanied minor in detention was not opportune. Such a decision was taken only in exceptional cases and the law established that they could be placed in detention in an appropriate place. Luxembourg had not been able to accept those recommendations regarding the Convention on the Rights of the Child, asylum seekers, the ratification of the Convention on the Protection of Migrant Workers and their Families, and compulsory human rights education for public employees.

While Luxembourg was aware of its responsibilities for the protection of migrant workers, some of the provisions for their protection and rights were guaranteed through other instruments, including the case of workers legally living in Luxembourg. Concerning the protection of citizens of third countries, this issue concerned European Union law and therefore posed important obstacles for ratification. Luxembourg had accepted recommendations that had been implemented or that could be implemented before the next Universal Periodic Review cycle. Luxembourg had accepted most the recommendations concerning the fight against all forms of discrimination, an area in which its legislation contained tools to address issues of discrimination and xenophobia and a centre for equal treatment would monitor and ensure equal treatment of different groups, including gender. Luxembourg had also accepted recommendations concerning human trafficking and had implemented partnerships for the provision of assistance for victims of human trafficking and their specific needs. The Universal Periodic Review had provided it with an opportunity to intensify the debate on human rights and Luxembourg was pleased with the work of the inter-ministerial committee established to this end.

The President of the National Advisory Human Rights Commission of Luxembourg welcomed the progress made by Luxembourg during the Universal Periodic Review as well as the dialogue between the Government and civil society. The Commission noted with regret that some of the recommendations made during the first cycle had to be repeated and deplored the silence of Luxembourg on accession to the Convention of the Rights of Migrant Workers and reiterated its position that no minor should be incarcerated in an adult prison. The Commission also encouraged the Government to give follow-up to recommendations made.

Morocco said that the actions and measures undertaken by Luxembourg may be taken as examples of good practice. Morocco was pleased to note that the two recommendations it had made were accepted, including one inviting the country to continue efforts to provide the penitentiary with the necessary financial means.

Romania said that it was pleased to bear witness to the positive approach of Luxembourg vis-à-vis the Universal Periodic Review with the adoption of the majority of the recommendations. It was quite convinced that Luxembourg would take all the necessary measures to implement the recommendations accepted. Romania looked forward to the follow-up report on the implementation of recommendations, in two years time.

Togo welcomed the efforts undertaken by Luxembourg to promote equality between men and women and to fight gender discrimination, and wished the country every success in the implementation of the recommendations.

Viet Nam said that it appreciated Luxembourg’s commitment to the process of the Universal Periodic Review. Viet Nam had noted the acceptance of a large number of recommendations put to Luxembourg, including those submitted by Viet Nam in relation to combating discrimination, xenophobia and trafficking in persons.

Algeria commended Luxembourg on accepting most of the recommendations addressed to it, including two recommendations put forward by Algeria relating to the continuing fight against discrimination, xenophobia and related intolerance.

Benin welcomed the delegation of Luxembourg and the presentation of its second report under the review process. Benin welcomed the particular efforts made by Luxembourg to promote equality and combat racial discrimination by increasing investment in education and public health. Benin welcomed the ratification of the Optional Protocol to the Convention against Torture.

Council of Europe commended Luxembourg for the quality of the report and the activities undertaken to improve the protection of human rights. The adoption of the Council of Europe convention on trafficking, among a number of instruments, and the cooperation between Council of Europe’s bodies and Luxembourg were also welcomed. The Council of Europe reiterated the recommendation made to reinforce legislation against sexual exploitation of children.

Iran took note of Luxembourg’s statement and said that after the interactive dialogue, 128 recommendations had been made to Luxembourg and five had been submitted by Iran on combating racist and islamophobic acts, combating child prostitution, and the implementation of a national action plan for persons with disabilities. Two of these recommendations had been accepted.

Lao People’s Democratic Republic said that it was pleased to note that Luxembourg had accepted a large number of recommendations during the Review and had taken the necessary steps towards implementing them. It joined other delegations in support of the adoption of the outcome report of the Universal Periodic Review of Luxembourg.

Libya welcomed the positive responses of the delegation of Luxembourg to the important enquiries by delegations and commended the acceptance of all recommendations made. It recommended the adoption of the outcome report of Luxembourg.

JEAN-MARC HOSCHEIT, Permanent Representative of Luxembourg to the United Nations Office at Geneva, thanked all the members of the troika and civil society that participated in the Universal Periodic Review process. Luxembourg greatly appreciated this cooperation which had significantly enriched its internal discussions in furthering the cause of human rights.

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

Consideration of Outcome of Universal Periodic Review of Barbados

MARION VERNESE WILLIAMS, Permanent Representative of Barbados to the United Nations Office at Geneva, said she was happy to introduce her country’s response to its second engagement with the Universal Periodic Review. The 115 recommendations were considered in detail and responses had been developed. As a small island developing State, Barbados was committed to the human rights agenda and the principles underlying it. The process had made clear the real capacity constraints experienced by Barbados and the need for international financial support and technical assistance in order to maintain aspects of what had been placed on the list of recommendations. The recommendation to establish a national human rights institution was viewed positively and Barbados had taken steps to expand the scope of the office of Ombudsman to include human rights promotion and protection. The structure and funding mechanism of this reform was currently being discussed. Several delegations recommended that Barbados ratify certain international treaties but Barbados would only sign and ratify those treaties and protocols that it could practically implement. However it could ensure that its laws corresponded to international human rights expectations. In this light, Barbados had ratified the Convention on the Rights of Persons with Disabilities. Additionally, mechanisms were being developed to prevent and prosecute trafficking in persons, despite the cases of this being rare in Barbados.

As to a de jure moratorium on the death penalty, Barbados could not accept recommendations to this effect since it would not be in accordance with the views of the people of Barbados, although a parliamentary measure to abolish the mandatory nature of the death penalty was underway. The public policy and laws of Barbados were aimed at the promotion and protection of such human rights as those concerned with education, electoral laws, women, children and persons with disabilities. Barbados had a rights-based approach to development and it welcomed the Universal Periodic Review recommendations. Although not all recommendations could be accepted at this time, Barbados assured that it took serious note of them.

Cuba said that as a small island developing State, Barbados had suffered the effects of the international financial and economic crisis. Cuba acknowledged the ongoing commitment of Barbados to improving the human rights of its peoples, and its readiness to tackle and overcome the most sensitive problems affecting its society. Cuba recommended the adoption of the outcome of Barbados.

Ecuador underscored the spirit of absolute cooperation of Barbados with the Universal Periodic Review and hoped that the recommendations made in this exercise would be implemented as soon as possible to benefit the human rights of all peoples. Ecuador respectfully asked Barbados to ratify the Optional Protocol of the Convention Against Torture and the Convention for the Elimination of Discrimination Against Women.

Jamaica underlined the importance of ensuring that countries were afforded the required time and space to implement recommendations made. Jamaica called on Member and Observer States and the Office of the High Commissioner to stand ready to assist small island developing States such as Barbados in the promotion and protection of human rights.

United Nations Children’s Fund said that among the many advances in attaining children’s rights, UNICEF welcomed Barbados’ initiative to examine the Family Law Act and all legislation regarding children in line with the Convention on the Rights of the Child and other protocols and standards. UNICEF called for the necessary policy and legislative environment to further the rights of the child and offered its technical support.

Venezuela welcomed the delegation of Barbados and was pleased that Barbados had provided sufficient information for this exercise and appreciated the major efforts made with regards to the elderly and in the promotion of gender equality in addition to the significant progress concerning persons with disabilities. Barbados invested an important amount in education and was implementing programmes aimed at combating extreme poverty.

Viet Nam commended Barbados’ seriousness in fully engaging with the Universal Periodic Review process and the detailed feedback during the sessions of the working group. Viet Nam noted the number of recommendations accepted, including those put forward by Viet Nam concerning job creation and public services. Viet Nam joined others in calling for the adoption of the report.

Morocco commended Barbados for accepting many of the recommendations, showing their commitment to the respect of human rights and progress made, in particular regarding social and economic rights, in the areas of employment, the rights of the elderly, and political and social empowerment of women. Morocco wished Barbados success in the implementation of the recommendations.

Amnesty International expressed concern that death sentences continued to be handed down and urged Barbados to commute all sentences to prison terms and to declare a formal moratorium on executions with a view to abolition. Amnesty International noted the several recommendations made with regards to discrimination on sexual orientation; the continued existence of legislation criminalising consensual same sex could lead to an environment undermining the enjoyment of rights by lesbian, gay, bisexual and transgender persons.

MARION VERNESE WILLIAMS, Permanent Representative of Barbados to the United Nations Office at Geneva, thanked all speakers who had taken the floor. Barbados had a reputation for the rule of law and would use every opportunity to improve its record on human rights. The troika of Libya, Brazil and Spain was thanked for its assistance.

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

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