人权理事会
上午

2016年6月23日

人权理事会今天上午通过了纳米比亚、尼日尔和莫桑比克的普遍定期审议结果。
 
纳米比亚司法部长艾伯特•卡瓦纳（Albert Kawana）表示，纳米比亚收到了219项建议，采纳了其中的191项，剩余28项的执行由于需要宪法修订案，仍在协商中。过去三年来，纳米比亚受到严重的旱灾影响，而纳米比亚将许多最初用于教育、健康和基础设施发展的资源重新导向旱灾救济。纳米比亚将于2016年讨论《儿童正义法》，卡瓦纳先生如此表示，并强调，虽然《宪法》不允许同性婚姻，但同性夫妇并不会受到控告，因为对任何人的伤害或暴力行为在纳米比亚都是被禁止的。
 
在随后的讨论中，发言人祝贺纳米比亚通过了在第二轮普遍定期审议中所获建议的191项，并鼓励纳米比亚继续减少国内社会经济不平等的社会对话。他们指出纳米比亚的言论自由状况居非洲首位，并表示，免费初等教育和中等教育的落实就是一个很好的例子。发言人欢迎了减少基于有害传统做法的暴力侵害妇女和女童行为的承诺、给酷刑定罪的努力以及达成协议加速通过《儿童关爱与保护法》的内部进程、修改1996年的《已婚人士法》和通过国家人权行动计划。
 
海地、印度、拉脱维亚、巴基斯坦、大韩民国、塞拉利昂、南非、斯里兰卡、多哥、联合国儿童基金会、委内瑞拉、津巴布韦、安哥拉、博茨瓦纳、布隆迪、中国、古巴以及埃及作了发言。
 
理事会随后通过了关于纳米比亚的普遍定期审议结果。
 
尼日尔司法部长马鲁•阿马杜（Marou Amadou）表示，尼日尔已经彻底检查了《刑法》和《刑事诉讼法》，以更好地防止恐怖主义和处理跨边界犯罪问题；它加强了法院的能力，以更好地处理酷刑问题，还加强了处理人口贩运和非法移徙问题的法律工具。尼日尔正与乍得湖地区的其他国家一同动员打击博科圣地（Boko Haram）的威胁及解决其遗留下来的人道主义危机。尼日尔正在发展2016至2020年国家行动计划，以落实其接受的167项建议。
 
在随后的讨论中，发言人称赞尼日尔当前促进其人民人权的努力，尤其是打击人口贩运以及进行中的《刑法典》和《刑事诉讼法》修订。他们欢迎了建立民主体制的努力尤其是建立了符合《巴黎原则》的国家人权委员会，并祝贺尼日尔在打击奴役和童婚做法中取得的进展。
 
以下代表团在讨论中发言：古巴、吉布提、埃及、埃塞俄比亚、加纳、巴基斯坦、塞拉利昂、南非、多哥、委内瑞拉、阿尔及利亚、安哥拉、博茨瓦纳、布隆迪以及中国。南美洲印第安人理事会（Indian Council of South America）以及非洲维护人权会议（Recontre Africaine pour la defense des droits de l’homme）也作了发言。
 
理事会随后通过了关于尼日尔的普遍定期审议结果。
 
莫桑比克司法、宪法和宗教事务部长伊萨克•钱德（Isaque Chande）表示，莫桑比克在审议中收到了210项建议，接受了其中的158项，推迟了38项并拒绝了14项。莫桑比克仍欢迎基于相互同意的议程进行特别程序访问，并正在规划关于工商业与人权的行动计划。打击腐败是优先事项，莫桑比克通过了适当的制度和法律框架，包括建立打击腐败中央办公室，通过了关于洗钱的法律和禁止私营部门腐败的法律。莫桑比克通过了《打击有害行为国家战略》，还通过了打击学校性暴力的政策，并正在考虑将最小结婚年龄提高到18岁。
 
发言人对《保护所有移徙工人及其家庭成员权利国际公约》和《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约任择议定书》获得批准表示满意。代表团欢迎了打击暴力侵害儿童行为和打击艾滋病毒/艾滋病、解决歧视妇女行为和监狱过度拥挤问题的承诺，并敦促莫桑比克接受建议，取消对从事于性取向和性别认同问题的非政府组织的限制。内战的重现、国家人员犯下的酷刑、虐待和法外处决行为以及采掘业背景下的人权虐待行为令人担忧。
 
印度、挪威、巴基斯坦、葡萄牙、塞拉利昂、南非、多哥、委内瑞拉、越南、津巴布韦、阿尔及利亚、安哥拉、博茨瓦纳、巴西、布隆迪、佛得角、中国、古巴、吉布提、萨尔瓦多、埃塞俄比亚和加纳作了发言。非政府组织荷兰文化与休闲中心（COC Netherlands）、非洲维护人权会议以及国际特赦组织（Amnesty International）也作了发言。
 
理事会随后通过了关于莫桑比克的普遍定期审议结果。
 
理事会之后将于中午召开会议，结束有关需要理事会关注的人权状况的一般性辩论，随后是第四届工商业与人权年度论坛的报告发言以及关于审议土著人民权利专家机制的任务授权讨论会报告，随后开展有关人权机构和机制的一般性辩论。

Consideration of Outcome of Universal Periodic Review of Namibia

CHOI KYONG-LIM, President of the Human Rights Council, noted that the Council today would be taking up the Universal Periodic Review outcomes of Namibia, Niger and Mozambique.

ALBERT KAWANA, Minister of Justice of Namibia, said the Universal Periodic Review mechanism was conducive to engagement between States to address issues of concern. Namibia’s second cycle report reflected statistical data on the implementation of recommendations, of which the country had received 219 and accepted 191. The remaining 28 recommendations were still the subject of consultations as their implementation would require constitutional amendments. He urged the Council when reviewing the country to take into account the fact that Namibia had been experiencing a severe drought for three years. Education, health, infrastructure development and more had been redirected to drought relief. He detailed progress on legislation, noting that a Child Justice Bill would be tabled in Parliament in 2016. The Namibian Constitution did not allow marriage by same-sex couples, but they were not persecuted, because victimization of or violence against any person in Namibia was prohibited. He listed conventions and other mechanisms Namibia had accepted to accede to, including the Convention on the Reduction of Statelessness. He expressed appreciation to Namibia’s social development partners for their cooperation and assistance to strengthen the country’s capacity to promote and protect the rights of Namibia’s citizens.

Haiti congratulated Namibia for accepting a large number of recommendations and encouraged it to continue national consultations, particularly with civil society, and to continue the implementation of the Convention on the Rights of the Child. Haiti also encouraged the continuation of the social dialogue to reduce socio-economic inequalities in the country.

India commended Namibia for the constructive and receptive participation in the Universal Periodic Review and said that it was encouraging to note the large number of recommendations it had accepted.

Latvia was pleased to note that 191 recommendations enjoyed the support of Namibia and especially welcomed the commitment to reduce violence against women and girls based upon harmful traditional practices. It was regrettable that Namibia did not agree to extend a standing invitation to all Special Procedures of the Human Rights Council.

Pakistan appreciated the decision of Namibia to accept the majority of recommendations, including those made by Pakistan, and wished it success in their implementation. Pakistan highly valued the constructive engagement of Namibia with human rights bodies and mechanisms.

Republic of Korea expressed appreciation for the acceptance by Namibia of recommendations concerning expediting the internal process to adopt the law on child protection and the revision of the Married Persons Act of 1996.

Sierra Leone commended the efforts of Namibia to criminalize torture and believed that the implementation of free primary and secondary education since January 2016 was an example to follow. It was to be noted that Namibia ranked number one in Africa in freedom of expression.

South Africa said that Namibia had made commendable progress in the promotion and protection of human rights, including in the areas of gender equality, universal access to education, and access to clean water and sanitation, and urged it to ensure robust protection of women through its laws and policies.

Sri Lanka said that despite challenges posed by severe drought, Namibia had made considerable efforts in the promotion and protection of human rights and encouraged it to continue with worthwhile initiatives, including the adoption of the Human Rights National Action Plan, and the adoption of the Child Care and Protection Act

Togo congratulated Namibia on the successful implementation of the recommendations it had received during its first Universal Periodic Review cycle, and in particular the establishment of the Ministry for Poverty Eradication, and the adoption of the law on juvenile justice.

United Nations Children Fund welcomed Namibia’s accession to relevant conventions regarding children, but noted that the country had inequalities in income among the highest in the world, encouraging the Government to monitor outcomes for children and evaluate financial resource allocations.

Venezuela encouraged Namibia to continue to strengthen and implement its excellent social policies, focusing on the most vulnerable groups in the population.

Zimbabwe said that Namibia was committed to the promotion and protection of the human rights of its people and the fulfilment of its international obligations, which was evidenced by the submission of all outstanding reports of human rights instruments to which it was a party.

Algeria said Namibia had made great efforts toward the promotion and protection of human rights, and welcomed the country’s acceptance of recommendations concerning universal schooling for children and the fight against traditional practices that tolerated discrimination against women.

Angola expressed support for Namibia’s adherence to regional and international human rights instruments, noting that it was a country where 42 per cent of civil servants were women.

Botswana noted that Namibia continued to strengthen its human rights institutions, including its ombudsman, and Botswana joined others in support of the adoption of Namibia’s Universal Periodic Review outcome.

Burundi congratulated Namibia for its efforts to find a sustainable solution to unemployment and to ensure access to education. The establishment of the Ombudsman’s Office, and the boosting of its budget, were further welcomed.

China welcomed Namibia’s constructive engagement with the Universal Periodic Review process, and welcomed good progress achieved in the areas of development, gender equality and health.

Cuba commended Namibia’s actions to fight poverty, and underlined the importance of the land redistribution programme. It repeated Cuba’s solidarity towards Namibia, and recommended the adoption of the report.

Egypt congratulated Namibia’s efforts to eliminate discrimination against women and to provide access to education for all. Namibia had accepted all recommendations coming from Egypt, which was welcomed. Egypt urged the Council to adopt the Universal Periodic Review outcome report.

Ethiopia welcomed Namibia’s acceptance of Ethiopia’s recommendations, and further commended Namibia for establishing a Ministry for Poverty Eradication. Ethiopia supported the adoption of the report, and wished Namibia the best for its constructive engagement with the Human Rights Council.

The President of the Council then informed that out of 219 recommendations received, Namibia had accepted 190 while 29 were noted.

Concluding Remarks by Namibia

ALBERT KAWANA, Minister of Justice of Namibia, thanked the delegations for the lively dialogue and reassured the international community that the issues of concern raised during Namibia’s second cycle of the Universal Periodic Review would be taken seriously. Namibia would also pay due attention to those recommendations it had noted and Mr. Kawana reiterated the commitment to submit the voluntary interim report on the implementation of the accepted recommendation.

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

Consideration of Outcome of the Universal Periodic Review of the Niger

MAROU AMADOU, Minister of Justice of the Niger, reiterated the commitment of the Niger to the Universal Periodic Review because this mechanism made it possible to bring together various parties active in the area of human rights and to review how States discharged shared responsibilities in the promotion and protection of human rights. Promoting and protecting human rights was a priority for the Niger, which spared no effort to improve the human rights situation on the ground. The people had been able to express their opinion and make their choice freely during the elections earlier this year, and the Niger had overhauled its Criminal Code and Criminal Procedure Code, which enabled it to better address the youth affected by terrorists, prevent terrorism, and tackle cross-border crime, and it also ensured that the courts were better equipped to deal with torture. The Niger and other countries in the Lake Chad region were mobilizing to fight the threat of Boko Haram and to address the humanitarian crisis it was leaving in its wake. Another significant problem the Niger was addressing was trafficking in persons and illegal migration, and in this sense, the legal arsenal had been strengthened. With regard to deferred recommendations, Mr. Amadou said that the rights of the nomadic people were protected on an equal footing with other people in the country. He explained that human rights activists were free to operate within the limits of the law. The Niger had accepted 167 recommendations which dealt with freedom of expression, the right to work, health, education, environmental issues, migrants and refugees, and Mr. Amadou stressed that those perfectly matched the priorities of the Government. The national plan of action for the implementation of the recommendations 2016-2020 would be adopted soon and would fully integrate civil society organizations.

Cuba acknowledged Niger’s acceptance of a large majority of the recommendations, including the two recommendations by Cuba on awareness raising and the empowerment of women. Cuba encouraged the Niger to continue efforts in the fields of health, employment and access to food.

Djibouti congratulated the Niger for its efforts to end child marriage and against female genital mutilation. It also congratulated the Niger’s efforts in the field of education, and supported the adoption of the report.

Egypt welcomed the establishment of a national human rights institution and the creation of a human rights action plan to implement Universal Periodic Review recommendations. Egypt welcomed that the Niger had accepted its recommendation to promote the participation of women in decision-making processes.

Ethiopia welcomed the fact that the Niger had accepted its recommendations to continue combatting terrorism, and to continue efforts to fight poverty. Ethiopia supported the adoption of the report.

Ghana commended the Niger for taking steps regarding the monitoring of the implementation of previously-agreed recommendations. Ghana encouraged the Niger to ratify the International Convention for the Protection of All Persons from Enforced Disappearances, and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity.

Pakistan commended the Niger’s acceptance of recommendations made by Pakistan, and welcomed efforts to protect the rights of women, children and persons with disabilities. It called for the adoption of the outcome report by consensus.

Sierra Leone commended the Niger on the ongoing efforts to promote human rights for its people, in particular those on combatting trafficking in persons and the ongoing revision of the Penal Code and the Code of Criminal Procedure, and encouraged it to develop cooperation with the Office of the High Commissioner for Human Rights in this regard.

South Africa commended the Niger for establishing the National Human Rights Commission and noted the adoption of the National Policy on Human Rights. The Niger continued to face challenges, including the burden of external debt and food insecurity, and South Africa called upon the international community to support the Niger in its efforts.

Togo was pleased to note various measures by the Niger to implement recommendation from its first cycle, particularly in terms of establishing democratic institutions. Togo was particularly pleased about the removal of reservations related to discrimination against women.

Venezuela commended the establishment of a national human rights institution in accordance with the Paris Principles and the progress made in the area of education, health and access to food. The Niger should continue to promote its successful social policies with the view to ensure the inclusion of all its population.

Algeria congratulated the Niger on consolidating progress in human rights, including on combatting the practice of slavery and child marriage. Algeria welcomed the adoption of the Family Code and the extension of obligatory schooling.

Angola welcomed the fact that the Niger had organized free and transparent elections, which were held in a climate of calm. It supported the Niger’s determination to continue its collaboration with United Nations human rights mechanisms, as well as to implement international human rights treaties. It encouraged the Niger to further its efforts for combatting slavery.

Botswana welcomed the adoption of an action plan to coordinate the fight against trafficking in persons and commended the ending of the imprisonment of journalists for performing their duties. It recommended the adoption of the outcome report.

Burundi congratulated efforts made and progress achieved in the Niger in promoting human rights, despite challenges resulting from the heinous acts by Boko Haram. It particularly welcomed measures taken to combat trafficking and corruption. It noted with satisfaction the Niger’s plan to adopt a national action plan for the implementation of human rights recommendations.

China commended the Niger for its progress in fighting trafficking and terrorism, as well as in the fields of employment, health and the right to food. As a developing country, the Niger was facing many difficulties, and the international community should support the Niger’s development.

Indian Council of South America said that the Niger should ensure that mining companies operating in the country respected human rights, in accordance with the United Nations Guiding Principles on Business and Human Rights. It urged France to call upon the Areva company to collaborate with the State to implement this recommendation.

Rencontre Africaine pour la Défence des Droits de l’Homme congratulated Niger for the peaceful conduct of elections, and welcomed the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It noted that the Niger was confronting a difficult security situation, but underlined that the Niger had to ensure that human rights were protected during counter-terrorism efforts.

The President of the Council said that out of 168 recommendations received, Niger had accepted 167, while one recommendation was noted.

Concluding Remarks by the Niger

MAROU AMADOU, Minister of Justice of the Niger, thanked all countries which had made recommendations during the Universal Periodic Review process, and assured them that the Niger would work toward implementing the recommendations that it had accepted. He thanked those who supported the Niger’s fight against terrorism and its taking care of terrorism’s many victims. The Niger had begun to move toward the implementation of recommendations made, and over the next year, would have the opportunity to do that. In 2019, the Niger would be providing an interim report. He expressed appreciation for comments and suggestions made both by Member States and non-governmental organizations in the process of adopting the report, adding that they would be duly taken aboard by the Government.

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

Consideration of Outcome of Universal Periodic Review of Mozambique

ISAQUE CHANDE, Minister of Justice, Constitutional and Religious Affairs of Mozambique, said that Mozambique accorded priority to strengthening the rule of law and establishing a series of strategic objectives in several key areas. Mozambique had participated in the Universal Periodic Review with an open spirit, and it was important to say that the majority of received recommendations had already been integrated in its priority plans. Mozambique had received 210 recommendations during its Review, of which it had immediately accepted 158, postponed 38 and rejected 14.

Mozambique was discussing the ratification of several key human rights instruments and remained open to visits by Special Procedures based on mutually agreed agendas. The formulation of the action plan on business and human rights was ongoing; in terms of access to justice, Mr. Chande said that justice institutions covered almost all districts in the country, while those not covered with permanent structures were served by roving ones, in partnership with civil society and academia. The death penalty was prohibited under the Constitution and summary executions were criminalized; any such instances were thoroughly investigated and those responsible were prosecuted. The fight against corruption was a priority and Mozambique had adopted an appropriate institutional and legal framework: Mozambique had established the Central Office for Combatting Corruption, adopted laws on money laundering, and in 2015 it had passed legislation prohibiting corruption in the private sector. The National Strategy to Combat Harmful Conduct had been adopted, as were policies to combat sexual violence in schools, and Mozambique was considering raising the age of marriage to 18.

India appreciated Mozambique’s constructive participation in the Universal Periodic Review process, as well as its acceptance of a large number of recommendations. It congratulated Mozambique for a successful Review, and called for the adoption of the outcome report.

Norway congratulated Mozambique for accepting three of its recommendations, including a recommendation pertaining to women’s rights. It encouraged Mozambique to accept recommendations to lift restrictions on non-governmental organizations working on sexual orientation and gender identity issues.

Pakistan appreciated Mozambique’s decision to accept the recommendations made by Pakistan, and highly valued the constructive engagement of Mozambique with United Nations human rights mechanisms. It welcomed Mozambique’s commitment to protect human rights.

Portugal welcomed the very large number of accepted recommendations, which was a clear sign of Mozambique’s commitment to promote and protect human rights and to engage with United Nations human rights mechanisms. It reiterated Portugal’s commitment to continue collaborating with Mozambique.

Sierra Leone noted that its recommendations to prosecute all cases of violence against persons with albinism and to continue to combat child marriage had been accepted. It welcomed Mozambique’s efforts to combat violence against children.

South Africa congratulated Mozambique for its progress in the field of human rights and its positive engagement with the Universal Periodic Review process. South Africa welcomed Mozambique’s efforts to combat HIV/AIDS.

Togo welcomed the measures taken by Mozambique to submit reports to treaty bodies, commended it for accepting the majority of recommendations, and invited the international community to support Mozambique in implementing these recommendations.

Venezuela commended the Government of Mozambique for their cooperation with the Universal Periodic Review, adding that the Human Rights Council should recognize its efforts to comply with recommendations as well as the determination it had demonstrated in achieving that objective, and recommended the adoption of the report.

Viet Nam thanked the delegation of Mozambique for its constructive presentation, and congratulated the Government for its successful implementation of most of the recommendations from the first Universal Periodic Review cycle. Viet Nam also commended efforts to improve gender equality and protect women against trafficking and gender abuse.

Zimbabwe said that Mozambique had been open and constructive with all stakeholders, which was proof that the country took its human rights obligations seriously. Zimbabwe called for the adoption of Mozambique’s report.

Algeria offered its congratulations for the commitment and cooperation of Mozambique with other regional and United Nations bodies, noting that the majority of the recommendations had been accepted, including two made by Algeria, on access to healthcare, and on combatting the early marriage of girls.

Angola encouraged Mozambique to continue its efforts toward the promotion of economic, social and cultural rights to ensure people enjoyed those rights. Angola wished Mozambique every success in implementing the recommendations accepted and urged the Council to adopt the report.

Botswana welcomed the creation of a national human rights institution and the establishment of the Office of the Ombudsman. It also welcomed Mozambique’s achievements regarding gender equality, including the large number of women in the National Parliament.

Brazil congratulated Mozambique for its constructive participation in the Universal Periodic Review, and for its commitment to human rights, diversity and the promotion of diversity. Brazil repeated its readiness to offer cooperation to Mozambique in light of the challenges and progress existing in both countries.

Burundi congratulated Mozambique for its cooperation with United Nations human rights mechanisms, and welcomed the establishment of a national human rights institution and of the Ombudsman. It further welcomed initiatives taken to combat corruption and promote transparency.

Cabo Verde expressed satisfaction regarding Mozambique’s acceptance of a large number of recommendations, and noted with interest that the recommendation regarding the ratification of the International Convention for the Protection of All Persons from Enforced Disappearances was currently ongoing further consideration.

China appreciated Mozambique’s progress regarding the ratification of international human rights instruments, and encouraged further progress regarding the rights of women and overcrowding in prisons. China supported the adoption of the outcome report.

Cuba commended work undertaken in terms of promoting women’s participation and improving health coverage. It thanked Mozambique for accepting recommendations made by Cuba.

Djibouti noted with satisfaction Mozambique’s efforts to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

El Salvador welcomed progress in the area of human rights, and the acceptance of a large number of recommendations, which clearly demonstrated Mozambique’s commitment to advance these issues. It encouraged Mozambique to ratify further international human rights instruments.

Ethiopia commended Mozambique’s acceptance of most recommendations, including those pertaining to combatting corruption and strengthening the State’s institutions.

Ghana welcomed Mozambique’s acceptance of recommendations it had made, and commended Mozambique’s willingness to protect and promote human rights.

Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, in a joint statement with International Lesbian and Gay Association, was disappointed that the new Penal Code in Mozambique did not prohibit discrimination on the basis of sexual orientation and gender identity and that none of the recommendations on sexual orientation and gender identity had been accepted.

Recontre Africaine pour la défense des droits de l’homme was concerned about the resurgence of the civil war and the renewal of fighting between the Government and the Mozambican National Resistance (RENAMO) in some of the provinces, which had led to the displacement of large numbers of people.

Amnesty International called upon Mozambique to thoroughly investigate all allegations of torture and ill-treatment and was concerned about cases of extra-judicial executions and arbitrary arrests and detention by State forces. Amnesty International was concerned about human rights abuses committed in the context of extractive industries.

CHOI KYONG-LIM, President of the Human Rights Council, said that out of 210 recommendations received, 180 enjoyed Mozambique’s support while 30 were noted.

Concluding Remarks by Mozambique

ISAQUE CHANDE, Minister of Justice, Constitutional and Religious Affairs of Mozambique, reiterated that Mozambique would continue to work with all relevant institutions, including civil society organizations, on the recommendations that it had noted. The Government would draw up a national action plan for the implementation of the accepted recommendations and would also submit its interim report. Mr. Chande thanked the Human Rights Council, the Office of the High Commissioner for Human Rights, and civil society organizations for their encouragement.

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

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