人权理事会开展关于普遍定期审议的一般性辩论（部分翻译）

人权理事会
中午

2015年3月20日

人权理事会在午间会议上开展了关于普遍定期审议的一般性辩论。

在辩论中，各国重申其坚持普遍定期审议，并强调了跟进和落实建议的重要性，从而在实地产生影响。普遍性、对话、客观性、独立性和公正性也得到了强调。一些发言人鼓励各国不要在提出建议时向强国屈服。另一些人认为，普遍定期审议应该以透明、不存在对抗、不受政治化和选择性影响的方式开展。这一机制不应该被用来点名批评和羞辱。所有权利都必须得到保护和推动，不得带有选择性。已经发现的挑战包括：就国家对建议的意图提供而清晰具体的回复。各国强调了民间社会的根本作用，以及人权事务高级专员办事处提供的能力建设和技术与财政支持的重要性。各国必须呈报合理数量的建议，避免让系统负担过重。一个反复出现的问题是，有一些提出的建议质量不高。

发言方包括：代表欧盟的拉脱维亚，代表非洲集团的阿尔及利亚，代表阿拉伯集团的巴林，代表一组跨区域国家的巴拉圭，代表25个意见相同国家的中国，代表一组国家的英国，摩洛哥，印度，阿尔巴尼亚，土耳其，捷克共和国，伊朗，菲律宾，塞尔维亚，突尼斯。

澳大利亚人权委员会作了发言，以下非政府组织也作了发言：普遍定期审议资讯（UPE Info），人权法中心（Human Rights Law Centre），国际人权服务社（International Service for Human Rights），人权宣传会（Advocates for Human Rights），南风发展政策协会（Verein Sudwind Entwicklungspolitik），促进巴林民主和人权的美国人联盟（Americans for Democracy and Human Rights in Bahrain），萨拉玛基金会（Alsalam Foundation），联合国观察，国际天主教儿童局（International Catholic Child Bureau），非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme），世界犹太人大会（World Jewish Congress），亚述人全球联盟美洲分会（AUA Americas Chapter），南美洲印第安人理事会（Indian Council of South America），世界环境与资源理事会（World Environment and Resources Council），国际促进非洲民主协会（International Association for Democracy in Africa），非洲技术发展网络（African Technology Link），和平组织问题研究委员会（Commission to Study the Organization of Peace），学联国际（United Schools International），环境与管理研究中心（Centre for Environmental and Management Studies），国际结盟运动研究所（International Institute for Aligned Studies），生殖权利中心（Centre for Reproductive Rights）。

在会议尾声，突尼斯感谢主席和人权理事会对巴尔多国家博物馆发生的恐怖主义袭击致以同情和慰问，这场事件造成19人死亡。

理事会在今天举行全天会议。下午3点，它将举行关于全世界种族歧视状况的辩论，聚焦于从历史悲剧中学习以打击种族歧视。

General Debate on the Universal Periodic Review

Latvia, speaking on behalf of the European Union, said the universality of the Universal Periodic Review remained a salient feature of its success. The European Union welcomed the increasing practice of States presenting a mid-term report on the implementation of their recommendations. The European Union commended the invaluable support of non-governmental organizations and emphasized that reprisals must not be tolerated.

Algeria, speaking on behalf of the African Group, said the Universal Periodic Review principles of universality, transparency and dialogue enabled countries to evaluate the progress they had made in promoting human rights, to learn from the best practice of other States, and to make improvements. The process must be preserved from attempts to politicize it. The African Group attached particular importance to technical assistance but it must guarantee consistency in terms of support given to States.

Bahrain, speaking on behalf of the Arab Group, said the Universal Periodic Review played an important role in promoting cooperation between States, but for it to be fully effective Member States must present a reasonable number of recommendations to avoid overloading the system. Furthermore, recommendations must take into account the cultural, political and religious characteristics of States and respect their national sovereignty, said the Arab Group.

Paraguay, speaking on behalf of a cross regional group of States, said the Universal Periodic Review was one the most universal mechanisms for the protection of human rights, and stressed the importance of non-selectivity and objectivity. The credibility of the Universal Periodic Review relied on positive change on the ground, and therefore on States’ efforts to implement and follow-up on accepted recommendations. The fundamental role of civil society and of its contribution was emphasized, and reprisals against human rights defenders were unacceptable.

China, speaking on behalf of a group of 25 like-minded countries, said it was essential that the Universal Periodic Review process remained universal, independent and impartial, and that it was conducted in a transparent and non-confrontational manner free from politicization and selectivity. The Universal Periodic Review Voluntary Fund should be strengthened to better assist developing countries. States had the primary responsibility to implement recommendations, and their sovereignty should be respected.

United Kingdom, speaking on behalf of a group of States, said the Universal Periodic Review provided a positive opportunity for inclusiveness and cooperation. A number of recommendations had triggered reforms and change, but a recurring problem was the lack of quality of some of the recommendations made. There was also a difficulty to effectively manage the increasingly high number of recommendations. Fewer and more focused recommendations had to be made. The importance of technical assistance and the trust fund for the implementation of recommendations was underlined.

Morocco said the Universal Periodic Review was a very important mechanism, not least to promote cooperation between States, and thus any politicization of it must be avoided. Morocco welcomed the role played by the Voluntary Contribution Fund in the provision of technical assistance and called for it to be bolstered. It was essential that the Universal Periodic Review remained streamlined with a reasonable number of recommendations that were feasible for the country concerned to implement.

India said the Universal Periodic Review had steadily and visibly improved human rights in all participating countries of the United Nations. It had the potential to treat all countries on an even keel. The contribution of the Office of the High Commissioner to the process was laudable, as was the Board of Trustees that administrated the Voluntary Contributions Fund for technical assistance. The second cycle showed a trend for repeated recommendations and called for guidelines to address this challenge.

Albania commended States’ engagement in submitting a mid-term report, which was an opportunity to continue the dialogue on the implementation of the recommendations of the second cycle of the Universal Periodic Review. Albania commended the active role of civil society in the process, and also underlined the importance of capacity building, and technical and financial assistance provided by the Office of the High Commissioner for Human Rights.

Turkey said the Universal Periodic Review was one of the most important human rights mechanisms, and welcomed its impact on the ground. The mechanism should not be used for naming and shaming or politicization of the debates. Recommendations had to be assessed with diligence, and national platforms on implementation of agreed recommendations had to be created. Turkey underlined the important support of the Office of the High Commissioner to the functioning of the Universal Periodic Review.

Czech Republic said it would circulate its mid-term report in the forthcoming weeks, and underlined measures it had taken since its review, including in terms of the ratification of international instruments. The Universal Periodic Review remained a viable tool to improve the human rights situation on the ground. It underlined the importance of the participation of civil society and condemned all acts of reprisals against it.

Iran said the Universal Periodic Review was a civilized model of dialogue and cooperation for the promotion and protection of human rights in a transparent and non-confrontational manner. The Universal Periodic Review should be the main human rights mechanism, and all attempts to undermine its credibility had to be avoided. Iran warned that the reorganization of the Office of the High Commissioner for Human Rights should not break these principles.

Philippines agreed that the Universal Periodic Review was one of most important mechanisms. The preservation of the principles of universality and impartiality in the Human Rights Council was extremely important, and the politicization of certain issues was not welcomed. The Human Rights Council had to be mindful of States’ rights to self-determination. The Philippines had hosted a workshop with 19 countries from the Asia Pacific region, discussing best practices of the Universal Periodic Review.

Serbia said that in line with the recommendations received, the Government had adopted and implemented a decision on establishing a Council for Monitoring and Implementing the Recommendations of the United Nations mechanisms for human rights. The Council’s duties were to review and monitor the Republic of Serbia’s implementation of the recommendations obtained in the process of the Universal Periodic Review. The implementation of this important recommendation was another example of good practices and the real impact of the Universal Periodic Review process.

Australian Human Rights Commission, through a video presentation, applauded Australia for its national disabilities scheme, the appointment of a Human Rights Commissioner and its efforts in combatting slavery. However only 11 per cent of Universal Periodic Review recommendations had been accepted and this showed a substantial weakness. The National Action Plan on Human Rights had to be amended. There was also work to be done with regards to the rights of refugees and asylum seekers.

UPR Info, in a joint statement with several NGOs1 said that by the end of the second cycle, over 50,000 recommendations would have been made, and there were repeated calls for the reduction of the number of recommendations. It would be misguided to focus on the quantity of recommendations, because the main problem in the Universal Periodic Review was the proportion of weak and unspecific recommendations.

Human Rights Law Centre said that Australia’s strong human rights record was being diminished by serious violations and regressions in key areas, while the Government’s increasing hostility towards the United Nations and its human rights mechanisms was an issue of concern. The Government had eroded basic democratic freedoms by introducing anti-protest laws.

International Service for Human Rights urged States to use the Universal Periodic Review to make recommendations for the development of safe and enabling environments for human rights defenders, because if they were safe and active, States had a better chance of implementing their other recommendations. States should reflect on measures to protect the most vulnerable human rights defenders and whistle blowers.

Advocates for Human Rights said that most executions in Iran stemmed from drug-related charges, but the executions did not deter the crime. Iran had rejected all recommendations on the death penalty, including on a moratorium for drug-related charges. The United Nations Office for Drug Control and donor countries cooperating with Iran in the fight against drugs should condition their support on a moratorium on the death penalty for drug-related crimes.

Verein Sudwind Entwicklungspolitik said that at the twentieth session of the Universal Periodic Review, the majority of States had participated with less preparation and discipline. Many States were no longer prepared to respond to their peers’ recommendations, and instead delayed their replies until the outcome session.

Americans for Democracy and Human Rights in Bahrain said that the Government of Kuwait had not taken seriously recommendations regarding certain human rights defenders who had been arrested. Many, including an ex-parliamentarian, had been imprisoned for saying or writing things about Saudi Arabia, the Emir and the Prince.

Alsalam Foundation was pleased to note that attention was given to Kuwait’s stateless Bidoun population but was concerned about the broader deterioration of the status of freedom of expression in Kuwait. Last year a Kuwaiti Member of Parliament had been charged and prosecuted in relation to comments critical of the Government of Bahrain.

United Nations Watch said there were several ways to improve the Universal Periodic Review, an important mechanism of scrutiny of human rights records of States. Recommendations should ask specific actions in response to specific instances of Government actions so as to help victims. The praising of States by other States should stop.

International Catholic Child Bureau drew the attention of the Council to issues that hindered the effective protection of the rights of the child in Togo. The 2007 Child Law was still in its drafting stage, while the National Committee for the Rights of the Child had not yet been established.
Rencontre Africaine pour la defense des droits de l’homme commended the people of Gambia for their courage and determination to put an end to several decades of tyranny in the country, and said that now was the time for the authorities to ensure civil and political rights. It was regrettable that Gambia did not present its report on the Universal Periodic Review outcomes.

World Jewish Congress said that, in its report, Iran had renounced terrorism and called for combined efforts to fight terrorism, which was a perversion because Iran had failed to bring to justice those responsible for terrorist attacks. Iran’s involvement with terrorism had not ended.

AUA Americas Chapter asked Iraq to ensure that the Action Plan for the implementation of the accepted recommendations be widely circulated among civil society. Iraq had rejected the recommendation to accede to the Rome Statute, thus stopping the International Criminal Court from investigating perpetrators of serious crimes, including by ISIS.

Indian Council of South America said that Resolution 5/1 of the Universal Periodic Review obliged States to abide by the principles of universal coverage and equal treatment of all States. It was necessary not to bow to powerful States that systematically denied the rights of people with impunity, and to be courageous in giving recommendations.

World Environment and Resources Council stated that Slovenia was the most prosperous country of the former Yugoslavia, and had implemented many laws promoting democracy and human rights. Since 1991 it had undergone many reforms, including privatization, liberalization, denationalization, and democratization.

International Association for Democracy in Africa said that El Salvador was the most densely populated state in the region. It had taken great steps towards democracy following the civil war. Improvements had to be made in many spheres. One was the way municipal elections had been conducted in March 2015.

African Technology Link said that after years of political and economic instability, Madagascar was poised to break with the past, rehabilitate the economy, restore institutions, protect bio-diversity and reinstate respect for human rights. Madagascar was being reincorporated into the international fold, and the sanctions by the African Union had already been lifted.

Commission to Study the Organization of Peace said that Gambia had enjoyed peace and stability for a long time. It was one of the oldest existing multi-party democracies in Africa, which played an important role in international affairs, particularly in the region and Africa at large.

United Schools International said that San Marino had maintained effective control over its security forces, while the law provided for freedom of speech and the press. Dissemination of ideas of racial superiority or hate was prohibited and the economy had been developed.

Centre for Environmental and Management Studies said that the population in Fiji was of mixed origins and Indians formed the core of the business class. Nearly all of indigenous Fijians were Christians, and Indo-Fijians were Hindu. Fiji’s economy was based on subsistence agriculture, sugarcane and textile exports, and the growing tourism.

International Institute for Aligned Studies said that migration policy in the Mediterranean region was on top of the agenda for the upcoming Italian European Union Presidency. Italy was against the push-back at sea policy and was strongly committed to search and rescue activities, often far beyond its area of responsibility.

Centre for Reproductive Rights stated that the status of recommendations pertaining to sexual and reproductive rights was disturbing. Even though other issues, such as gender-based equality and women’s violence were emphasized, reproductive rights were ignored at best. Only 31 recommendations on abortion had been accepted, showing the reluctance of States to make reforms in this respect.

General Statement

Tunisia thanked the President and the Human Rights Council for the sympathy and condolences expressed on the occasion of the terrorist attack on Bardo National Museum, which had left 19 people dead. This brutal and cowardly terrorist attack went against civilization, against the teachings of Islam, and against the most universal principle of human rights, that of the right to life. The terrorists had wished to attack the economy of Tunisia and the symbol of its moderation.

1Joint statement:UPR Info; Article 19 - The International Centre Against Censorship; Franciscans International ; Women's International League for Peace and Freedom; International Federation of ACAT Action by Christians for the Abolition of Torture; Edmund Rice International; East and Horn of Africa Human Rights Defenders Project; International Lesbian and Gay Association; World Vision International; Plan International; Congregation of Our Lady of Charity of the Good Shepherd; Save the Children International; and Associazione Comunità Papa Giovanni XXIII.

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For use of the information media; not an official record

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