人权理事会通过安道尔、保加利亚和洪都拉斯的普遍定期审议结果（部分翻译）

人权理事会
上午

2015年9月25日

人权理事会今日上午通过了关于安道尔、保加利亚和洪都拉斯的普遍定期审议结果。

安道尔公国社会事务国务秘书埃斯特尔•费诺罗•加西亚（Ester Fenoll Garcia）表示，在遍定期审议期间收到的85条建议中，安道尔接受了41条，另外44条已被考虑在内。许多建议都与批准和加入主要的人权公约有关，安道尔致力于研究当前的立法并评估其是否与那些国际文书条款相一致。安道尔同意研究设立一个国际人权机构的可能性，安道尔接受了所有与残疾人有关的建议并同意通过性别平等综合法律框架。

在讨论中，发言人对大多数建议都被采纳表示欢迎，包括打击种族仇恨和为移徙妇女和儿童提供医疗卫生服务，以及鼓励进一步打击歧视、暴力侵害妇女和贫困的行动。发言人提到了缺少打击种族主义的立法，并强调称有必要改善拘留条件，包括青少年拘留。

发言的有中国、欧洲委员会、加纳、塞拉利昂、委内瑞拉、安哥拉和卢旺达。

理事会随后通过了关于安道尔的普遍定期审议结果。

保加利亚外交部司长安德烈•特霍夫（Andrey Tehov）表示，在收到的182条建议中，保加利亚已经在原则上接受了174条。对儿童权利的保护是一项优先事项，保加利亚正在落实去机构化进程，引入打击遗弃儿童行为的新方法并设立替代寄宿和协助服务的地方网络。《性别平等法》目前正在准备之中，保加利亚致力于更新并制定2015年-2020年性别平等国家战略。关于落实《残疾人权利公约》的2015年-2020年行动计划于2015年5月通过。保加利亚不能接受停止国家资助倡导种族主义的组织和政党的建议，因为国内不存在这类做法。

在随后的讨论中，发言人对国家人权协调机制的设立表示欢迎，并鼓励保加利亚继续优先关注对儿童和残疾人权利的保护、移徙者和难民的权利、推动族裔和宗教容忍以及对少数群体的保护。代表团重视禁止歧视委员会和监察员的工作，并称赞了在促进男女机会平等方面取得的进展。发言人对庇护体系的严重缺陷表示关切，比如接收中心的条件持续不足。

在关于保加利亚的讨论中发言的有阿尔巴尼亚、阿尔及利亚、贝宁、中国、科特迪瓦、欧洲委员会、加纳、希腊、伊拉克、吉尔吉斯斯坦、罗马尼亚和卢旺达。 

发言的还有非政府组织加拿大人口与发展行动组织（Action Canada for Population and Development，联合声明）、国际特赦组织以及联合彩虹社区国际（Allied Rainbow Communities International）。

洪都拉斯司法与人权部副部长卡拉•奎瓦（Karla Cueva）概括了洪都拉斯从2015年5月的上一次普遍定期审议周期以来在促进和保护人权方面取得的进展。政府特别关注方案和服务的设立，以打击基于性别的暴力、改善妇女的生活、消除文盲和贫困、加强劳工审查、打击性剥削和人口贩运并朝着批准国际人权文书的方向努力。 

在随后的讨论中，发言人发达了关切，洪都拉斯仍需要更多的努力来加强司法机构的独立性、打击有罪不罚、保护妇女免遭暴力、保护言论自由以及在实践中记者和人权维护者的自由。然而，他们称赞了2013年-2022年公共政策和国家人权行动计划的通过、司法机构性别单元的加强、刑法中杀戮女性罪的纳入以及政府使国家立法和国际人权文书相一致的努力。

发言的有：中国、古巴、塞拉利昂、委内瑞拉、阿尔及利亚、比利时、贝宁和卢旺达。

发言的还有：联合国儿童基金会、第十九条：国际反对新闻检查中心、同性恋整合协会荷兰联合会（COC Nederland）、国际方济会、世界反酷刑组织（World Organization against Torture）、瑞士国际和平团、国际人权服务社（International Service for Human Rights）、生殖权利中心（Centre for Reproductive Rights）、第一信息和行动网（Foodfirst Information and Action Network）以及妇女争取和平与自由国际联盟（Women's International League for Peace and Freedom）。

人权理事会今天举行全天会议。中午，人权理事会将开始审议利比里亚、马绍尔群岛和克罗地亚的普遍定期审议结果。

Consideration of the Outcome of the Universal Periodic Review of Andorra

Presentation

ESTER FENOLL GARCIA, State Secretary for Social Affairs of the Principality of Andorra, said that during its Universal Periodic Review, Andorra had received 85 recommendations, many of which had already been implemented. Andorra had accepted 41 and taken into consideration 44 recommendations. Ms. Fenoll went on to say that many recommendations had to do with the ratification of and accession to primary human rights conventions and Andorra had committed to study the current legislation and assess whether it was in step with the provisions of those international instruments. Andorra had rejected the recommendations that called for the accession prior to the next cycle of the Universal Periodic Review, as this process required deep analysis of domestic legislation and the State’s ability to subscribe to those obligations. Andorra could not accept to ratify the International Labour Organization’s Convention on domestic labour as it was not a member of this international organization, but the domestic labour legislation was in line with international conventions.

Recommendations aimed at establishing a legal framework to ensure the right to asylum and the right of refugees had been taken into consideration, and Andorra was in contact with the United Nations High Commissioner for Refugees to coordinate the response to the current refugee crisis. Further, Andorra agreed to study the possibility of the creation of a national human rights institution, but it was not advisable to commit to setting it up as Andorra already had a functioning institution of Ombudsmen and wanted to avoid the duplication of efforts. All recommendations in relation to persons with disabilities had been accepted, as was the recommendation to ensure the right to strike and collective bargaining. With regards to the rights of women, Andorra had agreed to adopt a comprehensive legal framework for gender equality and had taken into consideration the recommendation to establish quotas for the employment of women, as its economic fabric was made of small and medium enterprises.

Discussion

China welcomed Andorra’s acceptation of most recommendations made during its Universal Periodic Review, including China’s recommendation to take measures to combat racial hatred and provide health services to migrant women and children.

Council of Europe underlined Andorra’s lack of legislation to combat racism, and the need to improve detention conditions, including juvenile detention, and to further efforts to combat discrimination and violence against women. It also encouraged Andorra to ratify the Council of Europe convention relating to combatting cybercrime.

Ghana welcomed Andorra’s acceptation of a number of ratifications, and encouraged Andorra to reform its legislation relating to the Rome Statute of the International Criminal Court and to submit overdue reports to the treaty bodies.

Sierra Leone welcomed Andorra’s commitment to protect the rights of the child, but encouraged further efforts to protect women from discrimination, violence and trafficking.

Venezuela noted clear progress by Andorra to combat discrimination and violence against women, and encouraged Andorra to continue its efforts to combat poverty and ensure access to health.

Angola noted with appreciation Andorra’s initiatives for the protection of the child and for combatting violence and discrimination against women.

Rwanda welcomed Andorra’s commitment to human rights, and its efforts to issue a standing invitation to all Special Procedures of the Human Rights Council.

The President said that out of 85 recommendations received, Andorra had accepted 41 while 44 were noted.

Concluding Remarks

ESTER FENOLL GARCIA, State Secretary for Social Affairs of the Principality of Andorra, said in concluding remarks that the second Universal Periodic Review circle had had a valuable impact in Andorra’s assessment of its human rights situation, and reiterated Andorra’s commitment to human rights.

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

Consideration of the Outcome of the Universal Periodic Review of Bulgaria

ANDREY TEHOV, Director at the Ministry of Foreign Affairs of Bulgaria, said that the second cycle of the Universal Periodic Review had enabled Bulgaria to assess its progress since the first cycle and to set the goals in the human rights sphere for the years to come. Of the 182 recommendations it had received, Bulgaria had accepted in principle 174, and the National Coordination Mechanism for Human Rights would further concretely consider the recommendations regarding the accession to new international human rights instruments and possible amendments to domestic legislation, as well as administrative practices. The protection of the rights of the child was a priority for Bulgaria which had undertaken a deinstitutionalization process: it had taken most of the children from the institutions and placed them into families or environments similar to families, introduced new methods to combat child abandonment, set up a local network of alternative residential and assisting services, and designated eight homes for medico-social child care for closure by October 2015. On 31 July 2015, there were 78 specialized institutions caring for 1,932 children, compared to 137 such institutions and 7,587 children in 2009. Bulgaria was firmly committed to promoting the active participation of women in all spheres of social and political life and its Gender Equality Act was currently under preparation, and Bulgaria had committed itself to update and develop the National Strategy for Gender Equality 2015-2020. The Action Plan on the implementation of the Convention on the Rights of Persons with Disability 2015-2020 had been approved in May 2015, and Bulgaria was pursuing a consistent policy on preventing and eliminating any form of discrimination and further enhancing understanding and tolerance among persons of different ethnic, religious or linguistic groups.

Bulgaria confirmed its full commitment to observe the human rights of all persons seeking protection in the territory of Bulgaria and had adopted on 10 June a National Strategy on Migration, Asylum and Integration 2015-2020, aimed at creating a comprehensive and stable institutional and legal framework for the proper management of legal migration and for the integration and care for persons seeking international protection. Bulgaria was mainly a transit country for mixed migration flows, but it was committed to integrating those who expressed their will to stay, while taking the necessary precautions regarding national security. Recommendations Bulgaria could not support included those on stopping State funding of organizations and political parties that advocated racism as such practices did not exist in the country; on legal change of the names of Bulgarian citizens who had been forced to change their names; on restitution of nationalized, expropriated, confiscated or otherwise legally taken properties of religious communities, as it was provided based on court decisions case-by-case on a strictly non-discriminatory basis; and the recommendation on the right to study in one’s own language.

Discussion

Albania commended Bulgaria for its measures to promote gender equality, and encouraged efforts in all areas of human rights protection.

Algeria appreciated Bulgaria’s acceptation of recommendations relating to gender equality and the rights of migrant workers.

Benin commended Bulgaria for its efforts to enhance legislation on gender equality, to combat domestic violence and to protect the rights of persons with disabilities. It recommended further efforts to protect children placed in institutions.

China appreciated that Bulgaria had taken measures to eliminate gender equality, and had paid attention to the protection of women belonging to minorities and to combat racial discrimination, including against the Roma community.

Côte d’Ivoire welcomed reforms by Bulgaria with a view to bring its domestic legislation in line with international standards, including protecting minorities and vulnerable groups.

Council of Europe underlined the importance of Bulgaria implementing a national action plan for the protection of Roma people, and said challenges remained concerning discrimination against minorities and xenophobia.

Ghana encouraged the national human rights institution in Bulgaria to continue to give priority attention to the protection of the rights of the child and persons with disabilities, the rights of migrants and refugees, as well as the promotion of ethnic and religious tolerance and the protection of minorities.

Greece particularly valued the work of the Commission for Protection against Discrimination and the Ombudsman, and appreciated the progress achieved in the field of promoting equal opportunities between men and women. Greece welcomed the recent amendments strengthening the competences of the National Council of Gender Equality.

Iraq welcomed the measures to achieve gender equality, promote children’s rights and religious tolerance, and counter hate speech and any form of violence.

Kyrgyzstan appreciated steps to implement human rights obligations and noted the creation of the National Coordination Mechanism on Human Rights and wished it all success in the implementation of the recommendations.

Romania congratulated Bulgaria on the holistic approach to the implementation of its human rights obligations and wished it success in its future endeavours in the implementation of human rights.

Rwanda commended the ongoing engagement of Bulgaria with the Universal Periodic Review, its efforts to improve democracy and elections, the general respect for freedom of assembly and the establishment of the National Coordination Mechanism on Human Rights which would further streamline the promotion and protection of human rights.

Sierra Leone welcomed Bulgaria’s commitment to cooperate with the Universal Periodic Review and encouraged it to effectively implement recommendations relating to discrimination against women and other minorities.

Sudan commended Bulgaria’s positive engagement with the Universal Periodic Review and its acceptation of many recommendations, and encouraged it to implement the recommendations it had accepted.

Tajikistan welcomed Bulgaria’s measures to build capacity in the field of human rights, including its cooperation with United Nations human rights mechanisms.

Turkmenistan welcomed that its recommendations had been accepted by Bulgaria, and commended Bulgaria’s cooperation with United Nations human rights mechanisms.

Venezuela welcomed Bulgaria’s efforts to promote and protect human rights, and welcomed its acceptation of recommendations relating to combatting gender inequalities.

Action Canada for Population and Development, in a joint statement, criticized the fact that Bulgaria still had not implemented its previous Universal Periodic Review recommendations, such as the elimination of traditional stereotypes of women in the family and society, combatting gender based violence, including domestic violence, and criminalizing marital rape.

Amnesty International voiced concern that Bulgaria’s legal framework and practice concerning hate crimes fell short of international human rights standards. Serious gaps also remained in the asylum system, such as persistent inadequate conditions in reception centres.

Allied Rainbow Communities International commended Bulgaria’s significant legislative actions and changes regarding lesbian, gay, bisexual, transgender and intersex rights since 2010. However, there was no significant development of the effective measures to overcome continuing discriminatory patterns against these persons through education and training.

The President said that out of the 182 recommendations, Bulgaria had accepted 174 and noted 8.

Concluding Remarks

ANDREY TEHOV, Director at the Ministry of Foreign Affairs of Bulgaria thanked all delegations for their comments and remarks and the members of the troika, as well as non-governmental organizations for their active participation and suggestions. Some important issues had been raised in the discussion and would be the subject of discussion back in Bulgaria, including those raised by the Council of Europe which had been the subject of discussion between the Council of Europe bodies and the Government. Bulgaria hoped that the Council of Europe would pay closer attention to the responses of the Government to those issues. Bulgaria would continue to strengthen its administrative capacity and would continue to include even more stakeholders in the process of implementation of the recommendations. It would also maintain its strong commitment to the implementation of human rights obligations.

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

Consideration of Outcome of Universal Periodic Review of Honduras

Presentation

KARLA CUEVA, Under-Secretary of State in the Honduras Office of Human Rights and Justice, stated that the Government of Honduras approached its current cycle of the Universal Periodic Review with the same level of commitment as the one in May 2015. It had received 152 recommendations and had not rejected any of them. It was reviewing 8 recommendations, which referred to the ratification of international human rights instruments and domestic legal reform. Ms. Cueva assured that all of the previous recommendations from May 2015 would be incorporated in domestic policies. She underscored reforms of the Penal Code in line with international standards, and the installation of the United National High Commissioner for Refugees country office, which should start working by the end of the year or in early 2016. The Government had established a special investigative police unit to investigate crimes against women, including femicide. It was focused on sexual exploitation and trafficking cases, with a help line. In May 2016 the law on the rights of human rights defenders entered into force to combat harassment of human rights defenders. The Government also drafted guidelines in order to foster the greatest participation of civil society. Honduras joined Member States of the Human Rights Council to combat any discrimination against human rights defenders. The Government had also begun reforming the penitentiary system by extending the number of cells.

Since May 2015, the Government had worked to combat gender based violence through programmes aimed at improving the lives of women, creating institutional options for violence against women, and providing legal aid and psychological support. The programme was to enter into force in 2016. The State had established a special crimes unit to investigate crimes against women, including femicide. It had also set up eight local committees in eight municipalities, which included civil society organizations, in order to support programmes against violence against women and to create secure and friendly municipalities for women. In order to improve economic, social and cultural rights, and fight poverty, the Government had launched a National Literacy Plan 2016-2017 aimed at a population of 600,000 young and adult persons who did not know how to read. In order to deal with returnees, the Government had created a Migratory Observatory Consulate. In order to strengthen the Government’s capacity to investigate the labour market, the Economic and Social Council had elaborated a Labour Inspection Law, which would introduce a post of Labour Inspector in order to foster independence of that function.

Discussion

China welcomed the decision by Honduras to accept most recommendations, including those by China pertaining to combatting unemployment and poverty. It called on the international community to provide adequate support to Honduras.

Cuba welcomed that Honduras had accepted most recommendations, including two made by Cuba, and encouraged Honduras to continue its efforts to ensure access to education and to protect unaccompanied migrant children.

Sierra Leone commended Honduras’ willingness to protect human rights, including the rights of women, minorities, and to combat trafficking. It welcomed that recommendations relating to human rights defenders had been accepted.

United Nations Children’s Fund welcomed progress in the coverage of social protection programmes, and encouraged Honduras to continue efforts in this regard. It welcomed the country’s efforts to ensure child protection, and called upon Honduras to take all necessary measures to reduce the causes of child migration and ensure the conditions for their dignified reception and reintegration.

Venezuela appreciated social programmes undertaken by Honduras to improve the living conditions of its population, and encouraged it to continue its efforts.

Algeria took note that Honduras had accepted most recommendations, including those made by Algeria relating to combatting violence against children and youths, and to the national human rights action plan.

Belgium expressed concern that Honduras still needed to do more to strengthen the independence of the judiciary and the fight against impunity, the protection of women against violence, as well as the protection of the freedom of expression and of journalists and human rights defenders. It commended Honduras for guaranteeing the rights of victims of human rights violations by the police and armed forces, access to justice by women who were victims of violence, and introduction of a law to protect journalists and human rights defenders.

Benin noted the progress that Honduras had made by holding two general elections in which new political movements had taken part. It commended the adoption of the law on the protection of human rights defenders, in particular of journalists and media. Benin underscored the advancement made in Honduras’ cooperation with international human rights mechanisms.

Rwanda congratulated Honduras on the adoption of the Public Policy and National Action Plan for Human Rights for the period 2013-2022, and welcomed the strengthening of the judiciary’s gender unit and the incorporation of the offence of femicide in the Criminal Code. It also acknowledged the efforts by the Government to bring national legislation into conformity with international human rights instruments.

Article 19 - International Centre Against Censorship, criticized the actions of law enforcement forces directed at journalists and human rights activists. Journalists continued to be harassed, judicially and in other ways. Courts did not act; journalism was censored and public access to information was severely restricted.

Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, in a joint statement with International Lesbian and Gay Association, drew attention to gender identity and sexual orientation and the lack of investigation of crimes against the lesbian, gay, bisexual, transgender and intersex community, which continued to be one of the most vulnerable groups in the country. While there was a specialized unit to investigate such crimes, the judicial system was not prepared to prosecute such cases.

Franciscans International drew the Council’s attention to the exploitative activities, such as mining, in the areas of Honduras where indigenous peoples lived. In the past three years, indigenous peoples had been killed in an attempt to defend their land and had suffered threats. It called on the Government of Honduras to observe its international human rights obligations.

Amnesty International said scores of human rights defenders had been victims of violence, threats and reprisals for their work. Local peasant organizations faced violence in the context of land issues, and women’s rights defenders had been harassed in impunity. It was concerning that proposed changes in the criminal code reform could delete the draft provisions relating to non-discrimination.

World Organisation Against Torture was concerned about torture in Honduras, and the legislation that prohibited women victims of rape to undertake abortion. Most teenage pregnancies were the result of rape, and violence against women was widespread. Impunity remained for torture and other ill-treatment.

Peace Brigades International Switzerland said lesbian, gay, bisexual and transgender persons suffered violence, stigmatization and discrimination in Honduras, fuelled by religious extremism. Authors of such violence were not held accountable as the State had failed to act.

International Service for Human Rights said women’s rights defenders were facing harassment and was concerned at human rights violations and harassment of minorities by the judicial system itself. Attacks against human rights defenders had been perpetrated by the police in complete impunity. Human rights defenders before the United Nations today had to be protected from reprisals.

Center for Reproductive Rights, Inc., said Honduras had alarming rates of sexual violence, and the absolute ban on abortion left women in dire conditions. Honduras had to legalize abortion in cases of rape, to amend its extreme prohibitions on accessing emergency contraception, and to ratify the Convention on the Elimination of Discrimination Against Women.

Foodfirst Information and Action Network drew attention to the importance of the right to adequate food and access to land, water and seeds. It reminded that 70 per cent of the population in Honduras lived in poverty. The State had reduced support for food production, education and labour incentives, and had instead fostered processes of semi-privatization.

Women’s International League for Peace and Freedom expressed concern over the increased violence against women, noting that in 2013 and 2014 some 40,000 domestic violence cases were recorded. Despite the criminalization of femicide, programmes aimed at reducing violence against women were underfunded. It called on Honduras to ratify the Optional Protocol of the Convention on the Elimination of Discrimination against Women.

The President said that out of 152 recommendations, Honduras had accepted 140 and noted 12.

Concluding Remarks

KARLA CUEVA, Under-Secretary of State in the Honduras Office of Human Rights and Justice, thanked delegations for their comments and appreciated the participation of civil society, which helped the Government identify the best practices. She also announced the presentation of the mid-term report, which would brief the Council on the level implementation of recommendations. Ms. Cueva noted that the country required that all citizens take part in the process that would improve the human rights situation in the country.

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