人权理事会通过关于沙特阿拉伯和塞内加尔的普遍定期审议结果（部分翻译）

下午

2014年3月19日

人权理事会今天下午通过了关于沙特阿拉伯和塞内加尔的普遍定期审议结果。对中国普遍定期审议结果的通过将被推迟至3月20日下午进行。

沙特阿拉伯人权委员会主席班达尔•宾•穆罕默德•伊班（Bandar Bin Mohammed Alaiban）表示，沙特接受了225条建议中的188条，拒绝了其余37条建议。建议涉及逾12个人权领域，包括加入国际人权文书、修改刑事诉讼法、尊重公共听证会原则、保护移徙工人权利等内容。在打击家庭暴力方面，该国已就保护妇女、儿童和老人免受侵害公布了一项规定，妇女可参加即将举行的市政选举。

在关于沙特阿拉伯的讨论中，发言者赞扬了该国政府的坦诚并对司法部门等改革表示欢迎。他们注意到了全国人权机构的建立以及该国在保护妇女权利方面的努力，包括将一切形式的暴力侵害妇女行为定罪等。其他发言者对该国妇女长期以来的悲惨处境表示担忧。新颁布的打击恐怖主义法过于模糊且允许限制言论自由。沙特阿拉伯应加强其立法框架，促进和保护实地人权，改善妇女处境，并暂停执行死刑。

人权理事会随后通过了关于沙特阿拉伯的普遍定期审议结果。

黎巴嫩、利比亚、马来西亚、黑山、摩洛哥、阿曼、巴基斯坦、菲律宾、卡塔尔、塞内加尔、南苏丹、斯里兰卡和埃及在讨论中进行了发言。

发言者还包括下列非政府组织：国际人权同盟联合会（International Federation for Human Rights Leagues）、人权观察（Human Rights Watch）、调查中心（Centre for Inquiry）、南美洲印第安人理事会（Indian Council of South America）、大赦国际、联合国观察组织（United Nations Watch）、非洲通信和促进国际经济合作组织（Organization for Communication in Africa and Promotion of International Economic Cooperation）、维护暴力受害者组织（Organization for Defending Victims of Violence）和非洲维护人权会议（Rencontre Africain pour la defense des droits de l’homme）。

塞内加尔司法部部长司迪奇•卡巴（Sidiki Kaba）表示，在塞内加尔的第二次普遍定期审议期间，该国收到了185条建议，接受了其中142条，拒绝了14条，并将对其中19条进行推迟讨论。函待颁布的新刑法和刑事诉讼法将使塞内加尔的立法与国际标准接轨，并将大幅改善对新闻自由等人权的保护。塞内加尔正在进一步促进和保护残疾人权利，包括提高其获取教育、医保、交通、就业和社会援助服务的能力。

发言者对塞内加尔政府采取的多种举措表示欢迎，特别是该国首次实施义务教育和全民医保，为落实打击针对妇女暴力的政策作出努力，改善残疾人状况并打击有罪不罚现象。塞内加尔的孕产妇死亡率极高，政府需采取行动确保妇女权利得到保障，这也包括其性权利和生殖权利。一名发言者对2004年颁布的大赦法表示担忧，认为它剥夺了受害者及其家人得到补偿的权利。另一名发言者则呼吁废除体罚，特别是针对可兰经学童的体罚行为。

人权理事会随后通过了关于塞内加尔的普遍定期审议结果。

尼日尔、摩尔多瓦共和国、卢旺达、斯里兰卡、苏丹、多哥、委内瑞拉、越南、阿尔及利亚、安哥拉、贝宁、博茨瓦纳和布基纳法索在讨论中进行了发言。

发言者还包括国际救助儿童会（Save the Children International）、加拿大人口与发展行动组织（Action Canada for Population and Development）、大赦国际、 促进尊重和实施非洲人权和人民权利宪章国际委员会 （Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples）和非洲维护人权会议。

对中国普遍定期审议结果的通过被推迟至3月20日（周四）下午，原定于同一时间段举行的对以色列普遍定期审议结果的通过将被推迟至3月27日（周四）下午进行。

委员会将于3月20日（周四）上午9点召开全天会议。届时它将在上午的会议中审查尼日利亚、墨西哥和毛里求斯的普遍定期审议结果，于午间会议中审查约旦、马来西亚和中非共和国的普遍定期审议结果，并于下午的会议中审查中国、伯利兹和乍得的普遍定期审议结果。

Consideration of Outcome of Universal Periodic Review of Saudi Arabia

BANDAR BIN MOHAMMED ALAIBAN, Chairman of the Human Rights Commission of Saudi Arabia, said that Saudi Arabia had received 225 recommendations which had been submitted in more than 12 human rights areas; they had been studied first by the Human Rights Commission and then by a specifically established high-level panel, by academia and by men and women. Those consultative meetings had crystallized the national vision of human rights and had led to the full or partial acceptance of 188 recommendations, while 37 had been rejected. Of the accepted recommendations, 88 had been either implemented or were being currently implemented. Saudi Arabia had acceded to the International Labour Organization Convention N° 138 on minimum age for admission to employment and was considering accession to a number of other international instruments. Amendments had been made to the Criminal Procedure Code and the legal and Board of Grievances proceeding systems to provide sufficient guarantees to establish fairness and protect the rights of everyone. The judicial system gave great attention to the principle of public hearing which it considered one of the most important factors for achieving justice, so the Human Rights Commission continued to attend trials, together with the National Society for Human Rights and the media.

In the area of women’s and children’s rights and the fight against domestic violence, measures undertaken included the issuance of the regulation on protection from abuse. Women would be participating in the coming municipal elections which would contribute to the promotion of their role in political, economic and social life and would allow women to participate in decision-making. Several regulations had been adopted to promote the role of civil society, and a draft project on civil society organizations was under study. A comprehensive national plan had been prepared to ensure dissemination of a culture of human rights and programmes had been launched to raise the awareness on the rights of the most vulnerable such as women, children, migrant workers, the elderly and the disabled. The Kingdom appreciated the role of migrant workers and their contribution to the overall development and so was keen to create an appropriate and convenient working environment through laws, regulations and mechanisms to define their rights and duties. The most important development in this respect was the regulation of domestic workers and the like which clearly set the relationship between the employer and domestic worker. In closing, Saudi Arabia reiterated that human rights were the backbone of the holistic development policy adopted by the State and the efforts to protect human rights revealed its determination to consolidate those rights internally, regionally and internationally.

Lebanon said that it commended the efforts of and interest shown by the authorities of Saudi Arabia. Lebanon welcomed the approach adopted for the preparation of the report, which was exemplary because it grouped recommendations by heading, which made it possible to study things transparently and easily.

Libya thanked the delegation of Saudi Arabia for the thorough presentation and commended its efforts in the implementation of accepted recommendations. This reflected the interaction and its positive and constructive attitude in its cooperation with the Council and other human rights mechanisms.

Malaysia appreciated Saudi Arabia’s transparent and forthcoming engagement in the Universal Periodic Review process. Malaysia was aware of the need for all countries to be afforded the necessary time and space in which to make improvements for the protection and promotion of human rights on the ground.

Montenegro commended the openness of the Government during the process and its acceptance of most of the recommendations. Saudi Arabia was encouraged to strengthen its legislative framework for the promotion and protection of human rights on the ground and was wished all the best in the implementation of all the recommendations.

Morocco said it was satisfied that Saudi Arabia was committed to pursuing efforts to protect and promote human rights by enhancing the relevant legislative and institutional national systems. Morocco also appreciated Saudi Arabia’s constructive cooperation with United Nations human rights mechanisms as well as with civil society organizations. Morocco called on Saudi Arabia to continue working on the improvement of the situation of women.

Oman welcomed that Saudi Arabia had accepted most of the recommendations, and that Saudi Arabia had already undertaken reforms in several fields, including the justice sector, to further improve the human rights protection there. Oman encouraged all States to adopt the report of Saudi Arabia by consensus.

Pakistan welcomed that Saudi Arabia had accepted most of the recommendations as well as the country’s constructive cooperation with United Nations human rights mechanisms. Pakistan particularly welcomed Saudi Arabia’s efforts to establish a national human rights institution and its accession to further international human rights instruments.

Philippines welcomed that Saudi Arabia had accepted a large number of recommendations, and said that Saudi Arabia and the Philippines had engaged in a bilateral dialogue on the rights of household service workers. The Philippines encouraged Saudi Arabia to continue its steps towards the ratification of international human rights instruments, including the Convention on the Rights of Migrant Workers.

Qatar appreciated the clear responses given by the delegation regarding the Universal Periodic Review. During the discussion of the report, it had become clear that Saudi Arabia had taken many measures for the promotion and protection of human rights. Qatar welcomed Saudi Arabia’s acceptance of recommendations submitted by Qatar, and recommended the adoption of the report.

Senegal welcomed the constructive dialogue and cooperation shown by Saudi Arabia during the review, commending the efforts of the authorities to promote and protect human rights. Senegal recommended the adoption of the report and highlighted the measures taken in relation to the protection of women.

South Sudan congratulated Saudi Arabia for its election to the Council and the Government’s effort to promote human rights domestically and abroad, noting particular efforts in the areas of health and education. South Sudan was pleased that Saudi Arabia had accepted its recommendation formulated during the review.

Sri Lanka thanked Saudi Arabia for its constructive engagement during the second cycle of the Universal Periodic Review and the acceptance of recommendations, including those proposed by Sri Lanka. The delegation noted efforts to empower women and to protect their rights, as well as the protection of economic, social and cultural rights, and noted the clarifications provided by Saudi Arabia.

Egypt congratulated Saudi Arabia for its positive approach in general with regards to cooperation with human rights international mechanisms, including the Universal Periodic Review, and this was reflected in its acceptance of a large number of recommendations, including those submitted by Egypt. Egypt recommended the adoption of the report.

International Federation for Human Rights Leagues welcomed the acceptance of recommendations on access to shelter for victims of domestic abuse and measures taken for the criminalization of all forms of violence against women, but said that these would be meaningless if not followed by action.

Human Rights Watch said that the Universal Periodic Review came at a time of serious concern as there were intensified efforts in Saudi Arabia to silence human rights activists. In early February a new terrorism law was enacted that contained serious flaws. It was regretted that a recommendation on religious freedom had been rejected.

Centre for Inquiry said that the situation of women in Saudi Arabia remained deplorable and the lack of implementation of recommendations from the 2009 Review made the ones before them particularly urgent. Saudi Arabia was suffering gender apartheid. The cornerstone of this patriarchal abuse was the male guardianship system.

Indian Council of South America commended Saudi Arabia’s financial contributions to international organizations, and agreed that Saudi Arabia should continue its efforts towards adhesion to the International Covenants on civil and political rights and on economic, social and cultural rights. It recommended that Saudi Arabia continue to place women in positions of government, and adopt legal measures to combat violence against women. It also recommended that Saudi Arabia adopt a moratorium on the use of the death penalty and strengthen the situation of migrants.

Amnesty International was gravely concerned about long and systemic human rights violations in Saudi Arabia, as well as its refusal to welcome international monitoring and to ratify key international human rights instruments. Amnesty International had documented increased reprisals against political dissent. The anti-terrorism legislation was too vague and allowed for restrictions on the right to freedom of expression. Amnesty International was also deeply concerned about the restrictions on freedom of religion, as well as the use of the death penalty for juvenile offenders.

United Nations Watch was deeply concerned that several countries had commended Saudi Arabia’s efforts to promote and protect human rights. The truth was that there were zero human rights in Saudi Arabia, and that Saudi Arabia was implementing a gender apartheid. Saudi Arabia should have never been elected a member of the Human Rights Council.

Organization for Communication in Africa and Promotion of International Economic Cooperation welcomed initiatives and progress made by Saudi Arabia to promote and protect the rights of women and children. Women occupied positions of responsibility in the public sector. The organization was still concerned by interfamily violence, particularly against women, and it encouraged Saudi Arabia to withdraw reservations to the Convention on the Elimination of Violence against Women.

Organization for Defending Victims of Violence expressed concerns about restrictions on freedom of religion on the Shia population, and the new anti-terrorism law imposed the greatest restrictions on freedom of speech and granted greater freedom to the police to carry out arrests against suspects without judicial supervision. The Organization for Defending Victims of Violence called on Saudi Arabia to protect the rights of religious minorities and to promote inter-faith dialogue.

Rencontre Africain pour la defense des droits de l’homme recognized Saudi Arabia’s accession to a number of human rights conventions and international instruments. Concerning the exploitation, abuse and discrimination of Asian and African domestic and migrant workers, and discrimination against women, Rencontre Africain urged Saudi Arabia to ratify the main human rights instruments, in particular the two Covenants on civil and political rights and on economic, social and cultural rights, and the Convention on the Elimination of Violence against Women.

BANDAR BIN MOHAMMED ALAIBAN, Chairman of the Human Rights Commission of Saudi Arabia, said he had listed with attention to all the interventions made by States and civil society organizations and reaffirmed that Saudi Arabia was proud to abide by Islamic Sharia and was proud to be a member of the Council, which affirmed the necessity of protecting and promoting human rights. Saudi Arabia, abiding by Islamic Sharia, which had been chosen by Saudi people as a way of life, guaranteed rights for all people and established their obligations. The history of the Kingdom demonstrated its commitment to promote and protect human rights in accordance with Sharia, its social values and costumes and its international obligations. Saudi Arabia would continue to cooperate with the Council and its mechanisms, as well as on the basis of the memorandum of understanding signed with the Office of the High Commissioner. Concerning the role of women, Mr. Alaiban recalled the achievements made in this field and the opportunities for participation granted to Saudi women, including in education, trade and the economy. Women led corporations, were doctors, scientists, lawyers and, while the process was not finished, Saudi Arabia continued to establish institutions to allow women to live in dignity and continue to make achievements. A country’s cultural diversity should be taken into account and attempts to impose certain cultures brought more harm than good. Saudi Arabia adopted 151 recommendations and noted the remaining ones.

The Council then adopted the outcome of the Universal Periodic Review of Saudi Arabia.

Consideration of Outcome of Universal Periodic Review of Senegal

SIDIKI KABA, Minister of Justice of Senegal, reiterated Senegal’s commitment to cooperate with the Universal Periodic Review mechanism. Since its independence, Senegal had been committed to consolidate democracy and the rule of law as well as the respect for and protection of human rights. One hundred and eighty five recommendations had been addressed to Senegal during its second review. Senegal had accepted 142 of those recommendations and had rejected 14. For the 19 remaining recommendations, Senegal had asked for further delay to make its decision. Senegal wished to provide further clarifications for some recommendations among those 19. Senegal had decided to accept in principle the recommendations to ratify further international human rights instruments and to harmonize its criminal law with international standards.

Senegal would soon ratify its new criminal code and criminal procedural code, which would align the Senegal legislation with international standards, and would considerably improve the protection of human rights, including freedom of the press. The press offense would indeed be abrogated. Senegal had recently undertaken initiatives to further promote and protect the rights of persons with disabilities, including their access to education, healthcare, transportation, employment, and social assistance services. Senegal was well aware of its responsibility to protect and promote human rights, and was committed to ensure that the daily life of its citizens were guided by the rule of law and human rights. The President of Senegal was committed to this vision, as illustrated by the adoption of the “Plan Senegal Emergent”.

Niger noted Senegal’s efforts to accede to the relevant international human rights instruments, which demonstrated its commitment to the promotion and protection of human rights. Niger urged the Council to adopt the report.

Republic of Moldova welcomed the various measures adopted by the government to promote and protect human rights, in particular those concerning women and children. This demonstrated the constructive work adopted by the Senegalese Government. The Republic of Moldova wished Senegal success in the implementation of the recommendations.

Rwanda welcomed the delegation of Senegal and thanked them for their active participation during the Universal Periodic Review. Rwanda was encouraged by Senegal’s collaboration with the Office of the High Commissioner, as well as domestic measures taken to improve the promotion and protection of human rights.

Sri Lanka thanked Senegal for its constructive engagement during the second cycle of the review and noted that Senegal had accepted the majority of recommendations, including those put forward by Sri Lanka. The national strategy for economic development was pertinent in this respect, as well as the commitment to ensure women’s empowerment.

Sudan commended the efforts by Senegal to the promotion and protection of human rights, particularly to strengthening the role of schools and the initiatives that would allow 75 per cent of the population to enjoy health and sanitation services by 2017. The Human Rights Council should adopt the report of Senegal.

Togo welcomed the acceptance of most of the recommendations by Senegal and hailed the progress achieved in promoting democracy and ensuring the wellbeing of the population. Togo called upon the international community to lend support to Senegal in the implementation of the recommendations it had accepted.

Venezuela paid tribute to the efforts of Senegal to comply with its human rights obligations and was pleased by the rollout of compulsory education in the country. Venezuela encouraged Senegal to continue to beef up its social policy and recommended the adoption of the report.

Viet Nam appreciated Senegal’s commitment to the Universal Periodic Review and the efforts to promote and protect human rights since the last meeting of the Working Group. Viet Nam noted progress made in the country in areas such as school attendance rates for girls and access to clean water and sanitation.

Algeria welcomed efforts made by Senegal in standard setting and institutional measures in the field of human rights, including regarding gender equality, human trafficking and the abolition of female genital mutilation. Algeria also welcomed efforts made by Senegal for the realization of economic, social and cultural rights.

Angola commended Senegal’s commitment to human rights, including its cooperation with United Nations mechanisms and the ratification of international instruments. Angola wished every success to Senegal for the implementation of all the recommendations it had accepted.

Benin noted with satisfaction that progress had been made, and encouraged Senegal to continue its efforts for the promotion and protection of human rights, particularly in the fields of education, health, women’s empowerment, and the fight against child trafficking.

Botswana welcomed Senegal’s cooperation with United Nations mechanisms, including the Universal Periodic Review. Botswana also welcomed Senegal’s efforts to implement multi-sectorial policies for addressing violence against women and improving the conditions of persons with disabilities.

Burkina Faso congratulated Senegal on its report that had highlighted numerous good practices in the promotion of human rights and noted the measures taken in the areas of education and health, and appreciated efforts to improve the situation of women, tackle impunity and decriminalize press activities. Senegal should continue its efforts on the promotion and protection of human rights.

Save the Children International said that the rollout of the universal healthcare project was a significant achievement that needed to be accompanied by the increase in the number of health clinics. There was a need for an action plan for the implementation of recommendations, particularly those related to the rights of children, and it should contain clear indicators that would ensure monitoring of progress. Corporal punishment should be abolished, especially with regard to the talibé children.

Action Canada for Population and Development said that the rate of maternal mortality was particularly high and it was critical that the Government took action to ensure the protection of women’s rights, including their sexual and reproductive rights. Senegal should also revisit the recommendations related to the protection of the rights of lesbian, gay, bisexual, transgender and intersex persons.

Amnesty International raised concerns about the excessive use of force by security forces in cases of public disorder and was disappointed that Senegal had rejected the recommendation on the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. Amnesty International was also concerned that the 2004 amnesty law deprived victims and their families from their right to redress.

Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples welcomed Senegal’s efforts to implement recommendations made during its first Universal Periodic Review. It encouraged Senegal to continue its efforts to implement recommendations made with regard to violations against begging children, human trafficking and prison overcrowding.

Rencontre Africaine pour la Défense des Droits de l’Homme welcomed that previous recommendations made to Senegal were being implemented, and encouraged Senegal to improve access to health services. It welcomed Senegal’s efforts to achieve peace in the Casamance region.

SIDIKI KABA, Minister of Justice of Senegal, thanked the delegations that had noted efforts made to implement the recommendations, which was a priority of both the national authorities and of civil society. He also thanked the delegations of non-governmental organizations for their statements. The Minister then made several clarifications. It was true that the 37 prisons in the country were overcrowded, he said, but a policy was in place to address the issue which included arranging sentences by parole process. Penal Code reform now meant that provisional detention could not exceed three years, and a new prison had been constructed that could house 1,500 detainees. The State responded rapidly to all cases of police misconduct and those responsible were punished. Concerning begging, the Minister reiterated the commitment of the authorities to deal with the issue, particularly with regard to the talibé children. Measures to tackle trafficking in persons had been further strengthened. Moreover, by 2017 the authorities planned to adopt a Charter of Equal Opportunities that would support some 50,000 persons with disabilities. The Minister concluded by saying that his country had already provided answers on the issue of lesbian, gay, bisexual and transgender persons - there were laws against "acts against nature" in the public domain but the State did not intervene in the private sphere.

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