人权理事会通过丹麦、帕劳和索马里的普遍定期审议结果（部分翻译）

人权理事会
上午

2016年6月24日

人权理事会今天通过了丹麦、帕劳和索马里的普遍定期审议结果。

丹麦大使兼丹麦常驻联合国日内瓦办事处代表卡斯腾•斯陶尔（Carsten Staur）表示，第二轮审议已在欧洲史无前例的移徙流背景下完成，并指出，丹麦引入了大量限制性措施，这个国家是世界上最重要的人道主义捐助者之一；其长期参与的发展合作持续对全世界的人权作出贡献。

丹麦人权研究所在视频发言中遗憾地表示，政府尚未接受关于允许难民快速获得家庭团聚的建议和关于禁止劳动力市场外基于所有理由的歧视及其他问题的建议。

在随后的讨论中，发言者提到了寻求庇护者的处境，并呼吁丹麦废除允许没收寻求庇护者贵重物品的法案并重新考虑其拒绝关于允许所有寻求庇护者家庭团聚的建议的做法。其建议丹麦应确保所有信仰成员的平等权利，并应废除其亵渎法。

欧洲委员会、埃及、爱沙尼亚、加纳、印度尼西亚、伊朗、马尔代夫、巴基斯坦、大韩民国、塞拉利昂、斯里兰卡、委内瑞拉、阿尔巴尼亚、博茨瓦纳和中国在讨论中发言。

以下非政府组织作了发言：荷兰文化与休闲中心（COC Netherlands）、国际人道与伦理联合会（International Humanist and Ethical Union）、非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme）、国际特赦组织（Amnesty International）以及世界犹太人大会（World Jewish Congress）。

理事会随后通过了关于丹麦的普遍定期审议结果。

帕劳常驻代表迦勒•奥托（Caleb Otto）表示，普遍定期审议允许他的国家确认人权优先事项并采取必要的措施确保促进和保护人权。针对生命权、人身自由和安全权，帕劳接受了从采取适当措施通过和修正打击家庭暴力行为法到确保符合关于人口贩运的国际标准的建议。

在随后的讨论中，发言者称赞了帕劳确保促进和保护人权的努力，并欢迎其建立国家人权机构和批准其他国际人权条约。讨论亦提到了发展中小岛国家在遵守人权条约和普遍定期审议机制规定的报告义务时所面临的挑战。

斐济、印度尼西亚、基里巴斯、马尔代夫、马绍尔群岛、巴基斯坦、塞拉利昂、委内瑞拉、中国和古巴在讨论中发言。

非政府组织联合彩虹社区国际（Allied Rainbow Communities International）也作了发言。

理事会随后通过了关于帕劳的普遍定期审议结果。

索马里常驻联合国日内瓦办事处代表法度玛•阿卜杜拉希•穆哈默德（Faduma Abdullahi Mohamud）重申了政府对全球人权事业和理事会的承诺，并表示，政府已经一致通过培养多元化的索马里社会以竭力支持这些承诺。但索马里不处于可落实额外国际人权条约和任择议定书的位置，因此未接受相关建议。

在随后的讨论中，发言者十分欣赏索马里政府尽管面临困难但依然承诺落实其已接受的建议，并指出这个国家批准《儿童权利公约》和遣散大量儿童兵的行为是一种进步。对索马里的技术援助和能力建设支持将加强该国促进和保护人权的能力。讨论中还表达了对国内媒体自由状态的关切。

联合国儿童基金会、阿拉伯联合酋长国、阿尔及利亚、博茨瓦纳、布隆迪、吉布提、埃及、埃塞俄比亚、加纳、科威特、拉脱维亚、利比亚、马尔代夫、摩洛哥、委内瑞拉、南非和卡塔尔在讨论中发言。

以下非政府组织也在讨论中发言：阿拉伯人权委员会（Arab Commission for Human Rights）、国际教育发展会（International Educational Development）、第十九条（Article 19）、人权观察（Human Rights Watch）、公民参与世界联盟 （Civicus）、非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme）、非洲文化国际组织（Africa Culture Internationale）、东非和非洲之角人权维护者项目（East and Horn of Africa Human rights defenders）以及国际特赦组织（Amnesty International）。

理事会随后通过了关于索马里的普遍定期审议结果。

理事会今天开展全天会议；中午，其将审议塞舌尔、所罗门群岛和拉脱维亚的普遍定期审议结果。理事会将从下午3点开始审议塞拉利昂和新加坡的普遍定期审议结果，随后继续开展关于人权机构和机制的一般性辩论，并开始关于普遍定期审议的一般性辩论。

Consideration of Outcome of Universal Periodic Review of Denmark

CARSTEN STAUR, Ambassador and Permanent Representative of Denmark to the United Nations Office at Geneva, stated that, at the end of the second round of the Universal Periodic Review, it was clear that the process had contributed to the improvement of the human rights situation in Denmark. The second cycle had taken place in the context of an unprecedented migratory flow in Europe. A number of restrictive measures had been introduced in Denmark, but refugees in Denmark had access to education, health care and comprehensive language and job training. Nonetheless, it was the root causes of migration which needed to be addressed. Denmark was one of the most significant humanitarian donors in the world; its long-term engagement in development cooperation continued to contribute to human rights worldwide.

The Universal Periodic Review process in Denmark had been broad and inclusive. The draft report had been sent to a public hearing, and a number of comments by civil sector had been received. Out of the 199 recommendations, Denmark had accepted 120, and partially accepted 14. On eight recommendations on anti-discrimination, Mr. Staur stressed that Danish laws contained a number of provisions against discrimination. Denmark had taken, and would continue to take, numerous measures to combat racism and promote inter-cultural dialogue. Denmark would carry out reforms on youth crime. The State’s regulations on family reunification were in accordance with Denmark’s international obligations. A review of the legal framework for the Danish counter-terrorism efforts would be launched to ensure the right balance between effective measures and legal certainty for Danish citizens. Denmark took all the recommendations put forward very seriously, stressed Mr. Staur.

Danish Institute for Human Rights, in a video message, regretted that the Government had not accepted recommendations on a national human rights action plan, on protecting children from solitary confinement, on granting speedy family reunification to all refugees, on undertaking an evidence-based evaluation of its anti-terror legislation, on prohibiting discrimination on all grounds outside of the labour market, and on allowing persons with psycho-social disabilities to vote in Parliamentary elections.

Council of Europe raised serious concerns regarding the detention of asylum seekers, and the delivery of permanent resident permits. Corruption in the funding of political parties, as well as discrimination against ethnic minorities, also remained matters of concern.

Egypt said that the Universal Periodic Review had been an opportunity to raise concerns about a number of issues, including about xenophobia and the treatment of migrants.

Estonia commended Denmark’s role as an international humanitarian aid donor, as well as its global efforts to combat torture. It regretted that the recommendation to decriminalize defamation did not enjoy Denmark’s support.

Ghana applauded Denmark for taking a number of initiatives aimed at promoting and protecting human rights, including the adoption of an action plan to address domestic violence and the establishment of a consultancy unit to assist social services to improve their performance on cases involving children.

Indonesia welcomed Denmark’s continuous efforts to prevent discrimination, intolerance and racism, and to enhance intercultural dialogue in the country. It encouraged Denmark to continue taking steps toward ratifying the Convention on Migrant Workers.

Iran expressed concern over the persistent xenophobia towards migrants, especially Muslim refugees and asylum seekers. Domestic violence was another disturbing trend.

Maldives was pleased that its recommendations on the protection of vulnerable populations had been accepted. Efforts needed to continue to ensure that discrimination was eliminated.

Pakistan stated that Denmark’s commitment to protect human rights was welcome, but efforts needed to continue to combat discrimination against minorities and to promote economic, social and cultural rights.

Republic of Korea commended Denmark for accepting a large majority of recommendations, especially the Korean one on tackling structural discrimination faced by minority groups, non-citizens and refugees.

Sierra Leona said that it was noteworthy that an action plan against violence, with particular focus on domestic violence, had been adopted. Denmark was encouraged to ratify the Convention for the Protection of All Persons from Enforced Disappearance.

Sri Lanka recognized the adoption of the Fourth Danish Action Plan against violence in the family and commended Denmark for the steps taken on combatting trafficking for sexual exploitation and forced labour.

Venezuela welcomed the adoption of a law on gender equality and a phone line for victims of violence, as well as the adoption of a disability action plan. It was grateful to Denmark for its efforts to overcome challenges raised during the first cycle of the Universal Periodic Review.

Albania commended Denmark’s high attention given to civil society recommendations, and commended achievements in the area of gender equality, including efforts to address the needs of women from minorities.

Botswana welcomed Denmark’s efforts for combatting hate crimes, and supported Denmark for the implementation phase.

China was concerned about chronic racism, Islamophobia and hate crimes in Denmark, and urged it to combat these with greater vigour, in accordance with its international human rights obligations. China called on Denmark to continue its development aid.

Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit - COC Nederland, in a joint statement with International Lesbian and Gay Association; and LGBT Denmark - The National Organization for Gay Men, Lesbians, Bisexuals and Transgendered People applauded Denmark’s efforts to combat discrimination on the ground of sexual orientation and gender identity, but regretted the continuing lack of explicit prohibition of discrimination outside the labour market.

International Humanist and Ethical Union shared concerns regarding the increased discrimination against ethnic minorities, and called for a better protection of the right to freedom of religion. Denmark should ensure equal rights for members of all faiths, and should abolish its blasphemy law.

Rencontre Africaine pour la défense des droits de l’homme congratulated Denmark for its international assistance, as well as for its efforts to receive migrants. It expressed concerns, however, about the rise of hate speech, xenophobia and discrimination against minorities. It called upon Denmark to repeal the bill that would allow the seizing of asylum seekers’ valuables.

Amnesty International welcomed Denmark’s removal of transgenderism from the list of mental illnesses. It urged Denmark to reconsider rejecting the recommendation to grant family reunification for all asylum seekers. It urged the Faeroe Islands to bring legislation on rape in line with international standards.

World Jewish Congress regretted Denmark’s attempts to ban circumcision of boys, which was a pillar of the Jewish faith.

The Vice-President of the Council announced that out of 199 recommendations received, Denmark had accepted 122, while 73 were noted. Denmark had provided additional information on four recommendations, indicating which part it had accepted and which part it had noted.

Concluding Remarks by Denmark

CARSTEN STAUR, Ambassador and Permanent Representative of Denmark to the United Nations Office at Geneva, stated that the process and the discussion had been informative and valuable to the Danish Government. Appreciation was expressed for the engagement of civil society and the national human rights institution. Mr. Staur thanked the Troika and the Secretariat. Denmark took all the recommendations very seriously. Respect for the rule of law was of paramount importance for Denmark, which was a candidate for the Human Rights Council, for the term starting in 2018. Gender equality, the fight against torture and the rights of indigenous peoples would be Danish priorities if elected member of the Council. Debate and honest discussions were vital, and countries needed to listen to and learn from each other, so that the human rights of all humans could be improved.

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

Consideration of Outcome of Universal Periodic Review of Palau

CALEB OTTO, Permanent Representative of Palau, said that the Universal Periodic Review had allowed Palau to identify human rights priorities and take the necessary steps toward ensuring the promotion and protection of human rights. In 2011, Palau had signed all the core human rights treaties, and sought the Human Rights Council community’s assistance and guidance related to further action on those. He gave details of Palau’s actions on a number of treaties ranging from the Convention on the Rights of Persons with Disabilities to the Rome Statute of the International Criminal Court. Regarding institutional and human rights infrastructure and policy measures, Palau would accept the recommendations for the establishment of a national human rights institution. Palau would continue efforts to streamline gender equality into the programmes and policies of the Government. Regarding the right to life, liberty and security of the person, Palau had accepted recommendations ranging from taking appropriate measures to adopt and amend laws to combat domestic violence, to ensuring compliance with international standards on human trafficking. Details were also given regarding Palau’s responses to recommendations on the issues of the right to work, the right to education, and the right to development, including environmental issues.

Fiji thanked Palau for its constructive engagement with the Universal Periodic Review process, and urged Palau to consider spousal rape as a crime. Fiji was available to provide assistance and partnership to Palau on human rights matters.

Indonesia commended Palau’s continuous efforts for the promotion of human rights, and welcomed its acceptance to establish a national human rights institution and to ratify additional international human rights treaties. It encouraged the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Kiribati welcomed Palau’s strong commitment to human rights, and the passing of the Family Protection Act. It acknowledged Palau’s strong commitment towards transparency, and encouraged it to collaborate with United Nations human rights mechanisms.

Maldives appreciated Palau’s engagement with the Universal Periodic Review, despite challenges it faced as a fellow small island developing country. It encouraged efforts for the protection of the rights of persons with disabilities.

Marshall Islands called on Palau to ratify an additional number of international human rights treaties. It noted the difficulties faced by small island developing countries in abiding by their reporting obligations under human rights treaties and the Universal Periodic Review mechanism.

Pakistan commended Palau’s acceptance of a majority of recommendations, despite resource constraints faced by it. It also commended Palau’s continued engagement with United Nations treaty bodies.

Sierra Leone encouraged Palau to establish a national human rights mechanism, and to ratify additional human rights treaties, particularly the Convention on the Elimination of All Forms of Discrimination against Women. It called on the international community to assist Palau in its efforts to address the effects of climate change.

Venezuela welcomed that Palau had ratified the Convention on the Rights of Persons with Disabilities, as well as steps taken to establish a national human rights institution. It commended Palau for its commitment to the protection of vulnerable groups. The international community had to provide Palau with assistance and technical cooperation.

China regretted that the draft report contained terms that were in contradiction with the Charter of the United Nations. China would therefore disassociate itself from the consensus on the adoption of the outcome report of Palau.

Cuba welcomed Palau’s commitment to the promotion and protection of human rights, and called on the international community to provide assistance to Palau for the implementation of accepted recommendations.

Allied Rainbow Communities International commended Palau for its leadership in the region for implementing Universal Periodic Review recommendations which were important for lesbian, gay, bisexual, and transgender persons. However, the lesbian, gay, bisexual, and transgender community in Palau faced discrimination, and Palau was urged to bring its legislation into conformity with its commitment to equality and non-discrimination.

The Vice-President noted that out of 125 recommendations received, 82 had been supported by Palau, and 43 recommendations had been taken note of.



Concluding Remarks

CALEB OTTO, Permanent Representative of Palau, thanked all who had made recommendations on human rights issues, and reaffirmed and reiterated Palau’s appeal to the international community to assist the country in efforts to carry out human rights responsibilities.

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

Consideration of Outcome of Universal Periodic Review of Somalia

FADUMA ABDULLAHI MOHAMUD, Permanent Representative of Somalia to the United Nations Office at Geneva, reaffirmed her Government’s commitment to the cause of universal human rights and to the Council. Somalia’s Government had consistently endeavoured to uphold these commitments to the best of its ability, through persistent efforts aimed at cultivating a pluralistic Somali society and through cooperation with United Nations Member States. From the 228 recommendations it had received, Somalia had noted 60, and accepted 168. Two weeks ago, Parliament had passed the Independent Human Rights Commission bill. Also, the Cabinet had endorsed the first-ever National Gender Plan. Further, the Government had made progress in building effective institutions by increasing the number of qualified judges, prosecutors and investigators. Somalia had noted recommendations related to the death penalty. Its application, she said, had dropped significantly due to the strict application of the burden of proof. Somalia was not in a position to implement additional international human rights treaties and optional protocols, and had therefore not accepted related recommendations.

United Nations Children Fund continued to support the Federal Government of Somalia to ensure that the rights of children were protected and upheld in accordance with the Convention on the Rights of the Child, which Somalia had recently ratified. UNICEF congratulated Somalia on the significant progress made in the protection of children’s rights.

United Arab Emirates appreciated the commitment of Somalia to implement the recommendations it had accepted despite the difficulties it faced, and welcomed the plan of action to apply the Roadmap for Human Rights. Somalia should continue with the efforts to establish security and stability and to ensure reconstruction.

Algeria welcomed the cooperation of Somalia with the United Nations human rights mechanisms and the acceptance of the recommendation to increase the participation of women in political life. Algeria urged the international community and the Office of the High Commissioner for Human Rights to provide the support Somalia needed in strengthening institutions, improving the living standards and ensuring security.

Botswana appreciated the efforts of Somalia for the promotion and protection of human rights. Botswana welcomed the creation of the Provisional Constitution, the adoption of the Sexual Offences Bill, and the ratification of the Convention on the Rights of the Child by Somalia.

Burundi applauded efforts by Somalia to improve the human rights situation despite the challenges posed by the activities of armed groups and urged Somalia to improve the rights of minorities. Burundi stressed the importance of the judicial system and welcomed the intention of Somalia to ensure human rights education and training of judges and prosecutors. Burundi reiterated its support for Somalia’s fight against terrorism.

Djibouti noted that despite the difficulties such as political instability and insecurity, and limited access to resources, Somalia had made progress in the area of human rights, particularly by ratifying the Convention on the Rights of the Child and demobilizing a significant number of child soldiers.

Egypt welcomed the fact that Somalia had accepted a large number of recommendations, in spite of the challenges it faced. Egypt encouraged the international community to support Somalia in its efforts to implement the recommendations, combat insecurity and ensure food security.

Ethiopia welcomed Somalia’s acceptance of its recommendation to continue seeking international assistance. It called on the international community and the Human Rights Council to enhance their assistance to Somalia.

Ghana noted with satisfaction that a significant number of recommendations enjoyed Somalia’s support. Technical assistance and capacity building support to Somalia would enhance the promotion and protection of human rights in the country.

Kuwait paid tribute to Somalia’s achievements in the field of human rights, which attested of its commitment on that issue. It urged the Council to adopt the report on Somalia.

Latvia commended Somalia’s constructive engagement during the Universal Periodic Review process. It expressed concern about violence against journalists in Somalia, and welcomed Somalia’s acceptance of its recommendation to investigate such cases. It encouraged Somalia to further cooperate with Special Procedures of the Council.

Libya welcomed that 155 recommendations were accepted by Somalia despite the country’s challenges and instability. This demonstrated Somalia’s willingness to continue its efforts towards the protection and promotion of human rights.

Maldives was pleased that Somalia had accepted many recommendations, which illustrated its commitment to the promotion and protection of human rights. It wished Somalia every success in the implementation of accepted recommendations, and supported the adoption of the outcome report.

Morocco commended the efforts Somalia had made, in particular developing the roadmap and the national human rights plan, which placed human rights at the heart of policies. Morocco stressed the importance of continued international assistance to Somalia in this endeavour.

Venezuela was delighted about the adoption of the provisional constitution and the roadmap for human rights which were fundamental for the promotion and protection of human rights in Somalia. Technical assistance must be provided to Somalia to eradicate poverty and Somalia was urged to continue with its social policies for the benefit of the most vulnerable.

South Africa welcomed positive developments in Somalia and the strides in the promotion and protection of human rights, in particular the passing of the national human rights institution bill, the adoption of the Agenda for Prosperity, and the adoption of the very strong reform agenda.

Qatar hoped that Somalia would take seriously the recommendations made to it and use them to galvanise its commitment to the promotion and protection of human rights in the country. Qatar appealed to everyone to support and encourage Somalia in making further progress in the country.

Arab Commission for Human Rights welcomed the acceptance by Somalia to ratify the Convention on the Elimination of All Forms of Discrimination against Women and the African Charter on Human and People’s Rights. What practical steps would Somalia take to implement the recommendations it had accepted during its two Universal Periodic Review cycles?

International Educational Development was deeply concerned about the human rights situation in Somalia and its virtual non-compliance with its commitments. The organization suggested that the Council postpone the review of States in similar situations because the impact on the people on the ground was non-existent.

Article 19 welcomed Somalia’s acceptance of the recommendation to end impunity for attacks against journalists. It remained concerned about legal provisions threatening the independence of the media in Somalia, and condemned the recent murder of a media worker, which must be investigated and prosecuted. Judicial harassment was also a concern.

Human Rights Watch referred to ongoing abuse against Somalia’s displaced population. Government forces and other groups continued to commit violations and abuses. All parties to the conflict continued serious violations of the rights of the child, including the recruitment of child soldiers. Other issues of concern were the death sentence and the state of media freedom.

CIVICUS said Somalia remained one of the most dangerous places in the world to be a journalist. The Government should fully guarantee freedom of information, and conduct credible investigations into cases of violence against media workers. Laws restricting freedom of expression should be in line with international standards, and should never be used to criminalize political dissent.

Rencontre Africaine pour la défence des droits de l’homme said that Somalia continued to suffer serious poverty and tribalism, which were the root causes of the security issues it faced today. Somalia should combat gender violence and harmful practices against women and girls. It hoped that the Government would ensure the necessary conditions for the forthcoming elections.

Africa Culture Internationale welcomed the efforts of Somalia to engage with the United Nations human rights mechanisms and noted the obstacles to freedom of expression, association and assembly, particularly for women. Somalia should strongly prioritise the promotion and protection of human rights, the participation of women in political and public life and children’s rights.

East and Horn of Africa Human rights defenders welcomed the efforts of Somalia to strengthen its legal framework. Somalia should urgently take steps to ensure safety and an enabling environment for human rights defenders and media workers, and increase the protection of civilians by its security forces, including those in the African Union’ peacekeeping missions.

Amnesty International welcomed the acceptance by Somalia of recommendations to protect internally displaced persons, and was concerned about the lack of support regarding the ratification of key international instruments, including the Optional Protocol to the International Covenant on Civil and Political Rights, which would abolish the death penalty. The intended closure of Dadaab refugee camp in Kenya and the forced return of Somali refugees was a great source of concern.

The President of the Council noted that out of 228 received recommendations, 168 enjoyed Somalia’s support, while 60 were noted.

Concluding Remarks by Somalia

A delegate from Somalia said that many recommendations accepted by Somalia had been implemented, but the post-war context marked by lack of resources and capacity, rather than the lack of political will, were the main reasons for the non-implementation of a certain number of recommendations. Somalia never condoned impunity and was working to address appropriately the challenges, including sexual violence. Somalia firmly believed in the importance of advancing women’s political participation.

FADUMA ABDULLAHI MOHAMUD, Permanent Representative of Somalia to the United Nations Office at Geneva, reiterated the commitment to ensure that a culture of human rights was cultivated in Somalia. The Government would work hard to implement the recommendations it had accepted, however, Somalia could not do it alone and required significant assistance.

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

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