人权理事会通过吉尔吉斯斯坦和几内亚的普遍定期审议结果（部分翻译）

下午

2015年6月24日

人权理事会今日下午通过了关于吉尔吉斯斯坦和几内亚的普遍定期审议结果。

吉尔吉斯斯坦常驻联合国日内瓦办事处代表乌兰•迪祖苏普乌（Ulan Djusupov）表示，在收到的196条建议中，吉尔吉斯斯坦接受了139条、拒绝28条、继续考虑29条，其中已接受11条并注意到18条。吉尔吉斯斯坦定期接待特别程序任务负责人到访，并正致力于通过一个国家行动计划来落实其建议。吉尔吉斯斯坦法律确保保护在其领土内和受其管辖的所有人免受性、性别、族裔、语言和其他原因的歧视。当前立法并未侵犯性少数群体的权利。关于限制非传统性关系宣传的法律目前正在接受审议，关于外国代理人的法律目前正在接受议会的审议。为使国内立法与国际义务相一致并改善人权保护机制，已经开展了大量工作。

发言人在讨论中表扬了吉尔吉斯斯坦在促进和保护人权方面取得的进展，特别是妇女、儿童和残疾人的人权，他们还称赞该国为制定国家发展战略和减少贫困而做出的努力。其他发言人在讨论关于外国代理人和国外资金来源的法案时对言论自由受到限制表示了谴责。遗憾的是，吉尔吉斯斯坦拒绝了相关建议，不会通过禁止性取向歧视的立法。在议会面前有两部很有问题的待审法律，一个是反同性恋“宣传”法案，另一个是“外国代理人”法案，它们将严重阻碍言论和结社自由并公然蔑视确保非歧视的义务。

迪祖苏普乌先生在总结发言中向成员国的建设性意见表示感谢。他指出，吉尔吉斯斯坦高度重视普遍定期审议，将其作为推动人权的有效机制，吉尔吉斯斯坦旨在进一步根据国际标准和义务改善国内的人权事业。

在审议吉尔吉斯斯坦时发言的有白俄罗斯、中国、古巴、加纳、印度、科威特、俄罗斯联邦、塞拉利昂、塔吉克斯坦、委内瑞拉、越南、阿富汗和阿尔巴尼亚。

以下公民权利组织也作了发言：世界反酷刑组织（World Organization against Torture）、人权观察、第十九条：国际反对新闻检查中心 （Article 19）、同性恋整合协会荷兰联合会（COC Nederland）、国际特赦组织（Amnesty International）以及南风发展政策协会（Verein Sudwind Entwicklungspolitik）。

理事会随后通过了关于吉尔吉斯斯坦的普遍定期审议结果。

几内亚人权和公共自由部部长迪亚比•哈利法•加萨玛（Diaby Khalifa Gassama）表示，在普遍定期审议期间向几内亚提出了194条建议。与司法和安全改革相关的建议将继续被落实和加强。至于与性别歧视和性别暴力相关的建议，几内亚将继续开展社会、规范和机构改革，以更好地保护妇女并对肇事者进行问责。关于和解问题，政府刚刚启动了多次全国磋商，旨在确定一致的路线来进行包容性和自愿性的和解。几内亚还继续努力确保其国家人权机构遵循《巴黎原则》。虽然政府做出了承诺，但国际危机和埃博拉病毒说明几内亚需要国际支持来实现其人权义务。几内亚注意到了与男女同性恋、双性恋和跨性别者以及与死刑相关的建议。几内亚在这方面的立场并不确定，将开展宣传运动并安排一次关于死刑的议会辩论。

发言人在之后的讨论中对几内亚承诺促进和保护人权表示欢迎，几内亚设立了负责人权事务的部委部门、加快了批准《消除对妇女一切形式歧视公约任择议定书》的进程并加入了《儿童权利公约任择议定书》。他们还感谢了几内亚在埃博拉爆发的背景下为促进和保护人权而采取的步骤，并呼吁国际社会为几内亚提供技术援助，以改善其在促进和保护人权方面的行动。与此同时，民间社会组织指出，几内亚的法治仍然薄弱，对暴行的关键调查仍不完整。大多数案件的进程都因为资源不足以及安全部门成员未能回应法庭传唤而受到阻碍。

切割女性生殖器官、婚内强奸、堕胎和军事司法议题都存在问题。

在审议几内亚时发言的有尼日尔、卢旺达、塞内加尔、塞拉利昂、南非、苏丹、多哥、委内瑞拉、阿尔巴尼亚、博茨瓦纳、布基纳法索、中国、科特迪瓦、古巴、吉布提、埃塞俄比亚、加纳、科威特和马里。

以下公民权利组织也作了发言：人权观察、国际人权联合会（International Federation for Human Rights Leagues）、国际特赦组织（Amnesty International）以及非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme）。

理事会随后通过了关于几内亚的普遍定期审议结果。

理事会将于6月25日（周四）上午9点复会，届时将审议老挝人民民主共和国、西班牙和莱索托的普遍定期审议结果。 

Consideration of the Outcome of the Universal Periodic Review of Kyrgyzstan

ULAN DJUSUPOV, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, said that out of 196 received recommendations, Kyrgyzstan had accepted 139, rejected 28 and took 29 for consideration, of which 11 had been accepted and 18 had been noted. Turning to the recommendations rejected by Kyrgyzstan, Mr. Djusupov said concerning issuing a standing invitation to Special Rapporteurs, Kyrgyzstan regularly received Special Procedure mandate holders and was working on adopting a National Action Plan for the implementation of their recommendations. In relation to recommendations to review the legislation contrary to international standards on discrimination on the grounds of sexual orientation, Kyrgyzstan said that its laws ensured the protection from discrimination for all people within its territory and under its jurisdiction, on the grounds of sex, gender, ethnicity, language, and others, and said that the current legislation did not violate the rights of sexual minorities. The legislation on limiting propaganda on non-traditional sexual relations was currently being considered, and the legislation on foreign agents was being considered by Parliament. The main principle of freedom of information was to be objective and to disseminate information independently, which required journalists to verify information received. In 2013, the Coordinating Council for Human Rights had been established and Kyrgyzstan was working actively with Special Rapporteurs and had recognized the competence of the Committee on the Rights of Children and the Committee on the Elimination of Discrimination against Women to receive individual communication from citizens. An enormous amount of work had been done to bring domestic legislation in line with international obligations and improve mechanisms for the protection of human rights. Kyrgyzstan was looking at establishing an integrative mechanism for the recommendations received by the human rights bodies and mechanisms, including those received during the Universal Periodic Review, and those received from Special Procedure mandate holders.

Belarus welcomed the delegation of Kyrgyzstan and commended its responsible approach during the second cycle of the Universal Periodic Review process, which allowed the country to successfully move towards the improvement of the promotion and protection of human rights.

China commended Kyrgyzstan on its participation in the Universal Periodic Review in a constructive manner, and for having adopted China’s recommendation to continue striving to reduce poverty. Kyrgyzstan had done a lot to improve women’s participation and economic development.

Cuba congratulated Kyrgyzstan on the effective implementation of the recommendations made during the first cycle of the Universal Periodic Review, and commended its efforts to formulate a national development strategy and to improve the rights of persons with disabilities.

Ghana welcomed the fact that its recommendations on gender policies were adopted, and encouraged Kyrgyzstan to ratify the Convention on the Rights of Persons with Disabilities. It hoped that the Government would consider establishing a national centre for the prevention of torture, and encouraged it to adopt necessary measures for good governance and the rule of law.

India commended Kyrgyzstan for the receptive and constructive manner in which it had participated in the Universal Periodic Review mechanism and welcomed its acceptance of many recommendations, including those made by India.

Kuwait welcomed the efforts of Kyrgyzstan to implement the recommendations emanating from the Universal Periodic Review, and in particular the setting up of the Coordinating Council for Human Rights, and welcomed the recommendations made by Kuwait concerning the rehabilitation of victims of trafficking.

Russia noted that Kyrgyzstan had adopted most of the recommendations made to it during the Universal Periodic Review process and appreciated the efforts of the Government to further strengthen the human rights protection system, including by bringing the national legislative system in line with its international human rights obligations.

Sierra Leone commended Kyrgyzstan for taking on board a large number of recommendations and welcomed the efforts to protect citizens from child and early marriages, and that the Government was consistently working to strengthen the role of the judiciary and to ensure the rule of law.

Tajikistan noted Kyrgyzstan’s willingness to cooperate with international human rights mechanisms and to adopt relevant acts in the combat against terrorism and extremism, in line with human rights standards.

Venezuela said that Kyrgyzstan had exhibited a total commitment to cooperation with human rights mechanisms, and had made progress in the promotion and protection of human rights.

Viet Nam commended Kyrgyzstan for the progress made in the promotion and protection of human rights, especially of women and children. It commended Kyrgyzstan’s adoption of a large number of recommendations. The acceptance of other recommendations would improve its overall human rights situation.

Afghanistan welcomed Kyrgyzstan’s adoption of a significant number of recommendations, including the recommendation of Afghanistan to accelerate the process of bringing the status of the Ombudsman in full conformity with the Paris Principles.

Albania was pleased that Kyrgyzstan had accepted the majority of recommendations and encouraged the Government to improve living conditions and ill-treatment of detainees, set up the National Action Plan to combat violence against women and children, and establish a procedure for birth registration.

World Organization against Torture said that Kyrgyzstan was not an exception in restricting freedom of expression as it was discussing the bill on foreign agents and on sources of foreign funding. It was regrettable that Kyrgyzstan rejected the recommendations to pass legislation prohibiting discrimination on the basis of sexual orientation.

Human Rights Watch said that there was an increasing concern about the human rights situation in Kyrgyzstan, where many abuses persisted and were not addressed by the Government. Two deeply problematic bills pending before the parliament – an anti-gay “propaganda” bill and a “foreign agents” bill, would seriously curb freedom of association and expression and blatantly flout the obligation to ensure non-discrimination.

Article 19 said that blocking of websites online had to be authorized by a court decision. Proposed amendments offered vague definitions of “extremism” and “terrorism” which could lead to overly broad interpretation, threatening freedom of expression. Kyrgyzstan was urged to withdraw the draft law on non-traditional sexual relationships, which would criminalise any positive coverage of lesbian, gay, bisexual, transgender and intersex issues.

COC Nederland stated that the violations of the basic rights of lesbian, gay, bisexual, transgender and intersex persons were on rise in Kyrgyzstan, and the currently proposed amendments would make the situation worse. Even the Ministry of Justice had recommended to Parliament to withdraw the bill as it ignored the Constitution. Lesbian, gay, bisexual, transgender and intersex people needed to be protected and treated as equal citizens.

Amnesty International was concerned about the ever-increasing limitations on freedom of expression in Kyrgyzstan. Kyrgyzstan’s acceptance of the recommendations on combatting torture were welcomed. It was disappointing that Kyrgyzstan had rejected guidelines to increase the recruitment of minority groups in police and security forces. The prisoner of conscience Azimjan Askarov should be immediately released.

Sudwind regretted that Kyrgyzstan missed the opportunity to ratify and fully align its national legislation with all obligations under the Rome Statute of the International Criminal Court, and the refusal of enacting specific legislation to prohibit discrimination against persons based on sex, race, colour, religion and sexual orientation. Nevertheless, Sudwind appreciated the fact Kyrgyzstan accepted 139 recommendations.

The President of the Council said out of 196 recommendations, 150 were supported, while 46 were noted.

ULAN DJUSUPOV, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, thanked Member States for their constructive comments. Kyrgyzstan attached great importance to the Universal Periodic Review as an effective mechanism for advancing human rights. It aimed to further improve human rights in the country, in line with international standards and obligations, including in the civil society and government sector. It would continue to cooperate with the relevant United Nations human rights mechanisms and would continue to engage in constructive dialogue.

The Human Rights Council then adopted the outcome of the Universal Periodic Review of Kyrgyzstan.

Consideration of the Outcome of the Universal Periodic Review of Guinea

DIABY KHALIFA GASSAMA, Minister of Human Rights and Public Freedoms of Guinea, said 194 recommendations had been made to Guinea during its Universal Periodic Review. The Government had decided to conduct broad consultations and awareness raising on these recommendations, and had consulted with a variety of stakeholders before deciding its position concerning them. After long debates, the Government’s position had been communicated to civil society during a workshop. This method of work had been welcomed by civil society organizations, which expressed their support for the implementation of accepting recommendations. A Follow-up and Evaluation Committee had been established for that purpose, and included representatives of the Government and civil society.

The Government accepted recommendations relating to the events of 28 September, and reiterated its commitment to ensure that justice was provided for the victims. Recommendations relating to the justice and security reforms would continue to be implemented and strengthened. Regarding recommendations pertaining to gender discrimination and gender violence, Guinea would continue undertaking social, normative and institutional reforms to better protect women and hold perpetrators accountable. Regarding reconciliation, the Government had just launched national consultations to define a coherent roadmap for an inclusive and consensual reconciliation. The Government was also continuing its efforts to ensure Guinea’s National Human Rights Institution’s conformity with the Paris Principles. Despite the Government’s commitment, the international crisis and the Ebola virus meant that Guinea needed international support for the fulfilment of its human rights obligations. Guinea noted recommendations relating to lesbian, gay, bisexual and transgender persons and to the death penalty. This position was not definitive, as sensitization campaigns would be conducted and a parliamentarian debate on the death penalty would be arranged.

Niger welcomed Guinea’s commitment to the protection and promotion of human rights, as seen by the creation of a ministerial department in charge of human rights. Guinea was committed to combatting discrimination and violence. Guinea was also continuing its efforts to reinforce the rule of law and protect individual and collective liberties and the fight against impunity.

Rwanda was pleased that its recommendations on accelerating the process of ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women had been accepted by Guinea. The Government was commended for its firm engagement in the Universal Periodic Review process.

Senegal noted that Guinea had shown true desire to promote human rights. A national steering committee for justice reform had been established, which was a welcome step in promoting the rule of law. Guinea had also undertaken steps on promoting the fight against discrimination of women.

Sierra Leone welcomed the establishment in Guinea of a new and unprecedented Ministry which was responsible for the protection of human rights and public liberties. Guinea had been unfaltering in the efforts to eradicate the Ebola virus disease and Sierra Leone supported their call for technical, political and institutional assistance to meet their human rights obligations and commitments.

South Africa welcomed the positive developments in the country since the first Universal Periodic Review and the strides Guinea had taken, including giving impetus to economic and social development and the efforts in the fight to bring an end to the Ebola epidemic.

Sudan appreciated the steps taken by Guinea to promote and protect human rights in the country, especially after the outbreak of the Ebola virus disease in 2014. Sudan wished Guinea all the success in the implementation of accepted recommendations.

Togo congratulated Guinea on the remarkable process made in implementing recommendations adopted in the first cycle of the Universal Periodic Review. Togo recommended the adoption of the report and asked that the international community assist Guinea in implementing further recommendations.

Venezuela noted the progress made by Guinea in the promotion and protection of the rights of women, and had taken steps to promote family-friendly policies. Venezuela recognized the efforts of Guinea in fulfilling its human rights commitments, despite the difficulties.

Albania welcomed the results achieved by the Government of Guinea, especially when it came to the establishment of a Ministry responsible for the protection of human rights. Guinea had also been successful in combating all forms of discrimination against women.

Botswana commended Guinea for taking steps to address violations of human rights and to end impunity, and its accession to the Optional Protocol to the Convention on the Rights of the Child. It encouraged Guinea to continue efforts to ensure the protection of women and children.

Burkina Faso congratulated Guinea on its transparent participation in the Universal Periodic Review. Despite the Ebola outbreak, it had made significant efforts to build a viable society that respected human rights. Burkina Faso encouraged Guinea to reach the best possible level of implementation, and called on the international community to provide the necessary aid.

China commended Guinea for its constructive participation in the Universal Periodic Review and for accepting the majority of the recommendations. It also praised its efforts to end prejudices against women, and to enhance capacity to deal with Ebola and other major health issues.

Côte d’Ivoire welcomed Guinea’s interest in the recommendations made to it, and encouraged Guinea to continue its efforts to meet the challenges it faced and implement recommendations. It called on the international community to provide support to Guinea.

Cuba commended Guinea’s efforts to reduce hunger and poverty, and underlined the importance of the international community supporting Guinea in the field of access to health. Cuba expressed support to Guinea in implementing recommendations from its Universal Periodic Review.

Djibouti encouraged Guinea to continue its human rights and democratic consolidations, and encouraged the international community and the High Commissioner for Human Rights to support Guinea in implementing recommendations.

Ethiopia commended Guinea for its continuous engagement with the Council and the Universal Periodic Review mechanisms. It was good that Guinea had accepted recommendations to provide effective training that built the capacity of the armed forces, police and other security forces on human rights.

Ghana stated that the appointment of a Minister responsible for human rights and public liberties was a commendable step in the right direction. Guinea was urged to consider the recommendations concerning the ratification of core United Nations human rights treaties.

Kuwait welcomed the commitment of Guinea in connection with the human rights conventions and the Universal Periodic Review. There had been legislative amendments which should help protect vulnerable groups and improve the respect of all human rights.

Mali commended Guinea on its cooperation with the Human Rights Council mechanisms, and on making efforts to adopt the previous recommendations. It called on the international community to provide technical assistance to Guinea to ensure that it became a more human rights based society.

Human Rights Watch noted that Guinea had made progress in addressing serious human rights violations. However, the institutions that upheld the rule of law remained weak and key investigations into atrocities were still incomplete. Progress in most of those cases was hampered by inadequate resources and the failure of members of security services to respond to judicial summons.

International Federation for Human Rights Leagues welcomed the commitments made by the Government within the Universal Periodic Review, and the measures taken to improve the judiciary and bring it into line with international standards. However, female genital mutilation, conjugal rape, abortion and military justice remained problematic.

Amnesty International welcomed efforts by Guinea to protect human rights despite challenges resulting from the Ebola outbreak. Ahead of the Presidential election of 2016, continuing impunity for human rights violations by police forces remained of concern. The authorities had to act immediately to end excessive use of force and impunity, and repeal or amend laws which restricted freedom of expression and freedom of assembly.

Rencontre Africaine pour la Défense des Droits de l’Homme welcomed efforts by Guinea, namely reforms of the justice and army sectors, the penal code, the civil code, and the mining code. It expressed concerns however at political violence and social tensions, ethnic hatred and racism growing in Guinea. It also expressed concerns over continued impunity for the main perpetrators of the 2006, 2007 and 2009 massacres. It finally urged Guinea to guarantee freedom of expression and of association.

The President of the Council said that out of 194 recommendations received, Guinea had accepted 179 and noted 15.

DIABY KHALIFA GASSAMA, Minister of Human Rights and Public Liberties of Guinea, in concluding remarks, said that Guinea had always been aware of how difficult the process of the implementation of some of the recommendations would be. The Government was not trying to justify or excuse any human rights violations, especially since some were committed by Guinean citizens against their compatriots. Guinea had an enormous challenge facing it: building institutions able to get at grips with the country’s international obligations. Guinea had to work on the structural challenges it faced. In the fight between tradition and the modern world, two different societal models, those obsessed with tradition needed to be combatted. The Government needed to fight against the pretentious elites who sometimes thought that they were speaking on behalf of victims. Stocks of the history needed to be taken through the national reconciliation process, and victims deserved to receive justice; the culture of impunity ought to be defeated. The country also needed to turn around the trend of violence. Guinea needed the support of the international community in those regards.

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