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人权理事会通过有关玻利维亚、斐济和圣马力诺的普遍定期审议结果(部分翻译)

人权理事会
下午

2015年3月18日

人权理事会今天下午通过了有关玻利维亚、斐济和圣马力诺的普遍定期审议结果。

玻利维亚常驻联合国日内瓦办事处代表安杰莉卡·纳瓦罗(Angelica Navarro)表示,在民间社会组织的参与下,玻利维亚以透明和负责任的方式参与了普遍定期审议。在报告中,玻利维亚提出了其面临的挑战和取得的成就。该国共接受了178条建议,拒绝了15条建议,拒绝的原因是它们未反映事实或侵犯了国家主权原则。玻利维亚本着促进人权进步的精神对建议表示感激。

在讨论中,代表团对玻利维亚接受大部分建议表示欢迎,并对玻利维亚在社会经济领域的改革努力表示赞赏。他们还称赞了玻利维亚在制定农民权利方面的国际人权准则和将打击贫困作为创新性回应的努力方面发挥的领导作用。发言者鼓励玻利维亚进一步加强其保护土著人民权利的努力,尤其是在采矿业的负面影响方面。发言者还呼吁玻利维亚使堕胎合法化并落实司法改革。

在讨论中发言的有菲律宾、俄罗斯、塞拉利昂、斯里兰卡、委内瑞拉、阿尔及利亚、中国、古巴、厄瓜多尔、萨尔瓦多、印度、伊朗、科威特、马来西亚、尼加拉瓜和巴基斯坦。

以下非政府机构也在讨论中发言:国际男女同性恋者协会,南美洲印第安人理事会,哥伦比亚法学家委员会,方济会国际,人权观察,国际特设组织,加拿大人口与发展行动,中欧-第三世界-欧洲第三世界中心,联合国观察,国际和睦团契和美国法学家协会。

理事会还通过了玻利维亚的普遍定期审议成果。

斐济总检察长兼司法部长艾亚兹·萨义德-海由姆(Aiyaz Saved-Khaiyum)表示,斐济已批准了提出的138条建议中的98条,其中12条已获落实。斐济重申了该国促进和保护普世人权的基本原则和价值的承诺。2013年,斐济宪法正式生效,其中包括一些基本原则和价值,并首次制订了一套全面的权利法案。司法部长表示,斐济议会已批准一项在军事法律中去除所有与死刑相关的条款的法案,从而在所有国家立法中废除死刑。

在随后的讨论中,代表团对斐济取得的进步表示欢迎,并对其将成为第九十九个废除死刑的国家表示赞赏。各国还对斐济2014年成功开展的选举,为批准《禁止酷刑公约》而采取的措施,以及在促进获得教育和改善残疾人权利方面的努力表示赞赏。各方对该国对媒体和言论自由的限制表示关切,并敦促其允许酷刑问题特别报告员访问该国。

在讨论中发言的有印度尼西亚、科威特、新西兰、塞拉利昂、斯里兰卡、委内瑞拉、中国、古巴和印度。

以下非政府组织也在讨论中发言:英联邦人权举措、少数人权利团体、人权观察和国际特赦组织。

理事会随后通过了斐济的普遍定期审议结果。

圣马力诺外交部政治和外交事务处主任费德里卡·毕齐(Federica Bigi)女士承认在任何时候和任何地方促进和保护人民的权利和自由的重要性。圣马力诺已接受了74条建议中的46条。一些建议已获落实,而另一些则代表着新的任务。

在随后的讨论中,代表团对圣马力诺加强保护妇女权利方面的政策表示赞赏,并注意到该国加入了大量国际公约。讨论者鼓励圣马力诺批准《移徙工人权利公约》和《强迫失踪问题公约》。

在讨论中发言的有欧洲理事会,科威特,塞拉利昂,委内瑞拉,布基纳法索和中国。

理事会随后通过了有关圣马力诺的普遍定期审议结果。

人权理事会将于明天(3月19日星期四)上午9点再次召开会议,届时将审议哈萨克斯坦、安哥拉和伊朗的普遍定期审议结果。理事会将在正午召开一场有关国家政策与人权的小组讨论。有关伊拉克、马达加斯加和斯洛文尼亚的普遍定期审议结果将于下午3点接受审议。

Consideration of the Outcome of the Universal Periodic Review of Bolivia

ANGELICA NAVARRO, Permanent Representative of Bolivia to the United Nations Office at Geneva, said Bolivia had participated in the Universal Periodic Review process in a way characterized by transparency and responsibility, with the participation of civil society organizations. Bolivia had accepted 178 recommendations. It had rejected 15 recommendations due to the fact that they did not reflect the reality, or violated the principles of State sovereignty. Bolivia was dedicated to human rights and in its report had presented five voluntary commitments which it had already begun work on. In 2014 President Evo Moralez was re-elected, receiving more than 61 per cent of the votes. That made the “living well” principle a reality for all Bolivians. Important developments included progress in women’s participation in the political sphere, and today women made up 49 per cent of members of the Legislative Assembly, 44 per cent of members of the Senate, and 51 per cent of members of the Chamber of Deputies. That meant Bolivia now ranked the second highest in the world, after Rwanda, in terms of women’s participation in politics.

Bolivia had since 2006 made conditional cash transfers to vulnerable sectors of society, including orphaned children and mothers of children under the age of two years, and a guaranteed income for people over the age of 60. An incentive grant was provided to students in final year of secondary school and laptops had been made available in schools. Price control systems had been established for various products resulting in an increase in purchasing power for vulnerable households. Progress in the housing and financial services sectors had also been made. Efforts to tackle all forms of violence included police training, and a new law to ensure women could live freely without violence had been drafted, with a provision for a 30 year sentence for perpetrators. A decree of 2014 established the minimum financing allocations for the direct taxation of hydrocarbons for the construction, maintenance and operation of women’s refuges. In order to ensure that indigenous peoples fully participated in decision-making processes, an international conference was convened in 2014 which included the participation of Parliaments from more than 20 countries, in preparation for the World Conference on Indigenous Peoples held last September, an initiative proposed by Bolivia itself.

Philippines welcomed laws and policies to protect the vulnerable, including women and children, and recognized Bolivia’s leadership in the development of international human rights norms on the rights of peasants and its introduction of universal agricultural insurance as innovative response to the challenges posed by climate change. Russia said that the acceptance of the large number of recommendations was a testimony of Bolivia’s commitment to human rights. Russia recommended the adoption of the outcome report. Sierra Leone noted with great satisfaction that Bolivia had accepted all its recommendations and welcomed its attempts to comprehensively tackle violence against women.

Sri Lanka commended efforts in promotion and protection of the social rights of the people of Bolivia and took note of the increased health budget. Sri Lanka also recognized the efforts to exchange and use the knowledge of indigenous peoples and strengthening their capacities. Algeria welcomed Bolivia’s acceptance of the majority of the recommendations. In particular it commended its efforts with regard to infants and children, and its measures to combat extreme poverty. It recommended the Council adopt the report. China welcomed Bolivia’s constructive participation and its acceptance of China’s recommendations on the protection of nature and economic and social development. It gave its support to Bolivia and asked the Council to approve the report.

Venezuela said that Bolivia’s successful policies had recovered the control of the economy. Venezuela was very pleased that Bolivia had achieved the Millennium Development Goal on reducing extreme poverty early, and that it had established a social protection system. Cuba congratulated Bolivia for the striking progress it had made in protection of human rights, including the needs of indigenous peoples. It noted the adoption of its two recommendations and reiterated its support to Bolivia. Ecuador congratulated Bolivia for the progress it had made and recognized that Bolivia had redoubled its efforts. Ecuador acknowledged the challenges Bolivia faced in empowerment of women and their participation in all sectors. El Salvador said that it was important to highlight Bolivia’s progress in the promotion and protection of human rights particularly social inclusion, a participatory approach and progress in promoting and protecting the rights of women, children and indigenous peoples.

India took positive note of the receptive and constructive participation of Bolivia in Universal Periodic Review and said that it was encouraging that Bolivia had accepted great majority of recommendations. India trusted that Bolivia would further intensify efforts to implement the recommendations it had accepted. Iran commended Bolivia’s active participation in the Universal Periodic Review and acknowledged that all of its recommendations had been accepted. Iran praised Bolivia for the progress it had made in reducing extreme poverty, on human rights education and on the elimination of racial discrimination. Ireland encouraged Bolivia to submit a voluntary mid-term report on the implementation of the recommendations it had accepted. Ireland noted with regret that Bolivia did not accept the recommendation on judicial process, especially in the light of a profound crisis in the administration of justice in the country. Bolivia should ensure that all killings were subject to an impartial investigation, strengthen the rule of law and ensure that impunity was not tolerated.

Kuwait commended Bolivia for its clear efforts to improve education and health and to adopt a social and economic model which had reduced extreme poverty to 18 per cent by 2013. Kuwait also welcomed the efforts to establish a social-democratic State governed by the rule of law that promoted human rights and dignity. Malaysia said it was pleased that its recommendations on eradicating extreme poverty and improving drinking water had been implemented by Bolivia. It recommended the adoption by Universal Periodic Review. Nicaragua congratulated Bolivia for implementing the vast majority of recommendations. It urged Bolivia, as a Member of the Human Rights Council, to continue its work on the rights of indigenous peoples and rural farmers. Pakistan said it strongly supported Bolivia’s common rights machinery and encouraged further strengthening of socio-economic development. It encouraged Bolivia to adopt recommendations, including those that Pakistan had provided.

International Lesbian and Gay Association welcomed Bolivia’s efforts on non-discrimination but regretted that the recommendation on derogation of legislation which limited the rights of persons with a different gender identity had not been adopted. It urged the Government to overcome the gap and to institute same-sex marriage.
Indian Counsel of South America said that the legislation to consult indigenous peoples should be well grounded and effectively implemented. It raised concerns that critical voices of leaders of indigenous peoples had been silenced and some posts had been violently taken over by followers of the Government. Likewise Government actions in local elections and the violation of voting rights were a concern. Colombian Commission of Jurists noted that Bolivia had accepted numerous recommendations on judicial independence which was difficult to reconcile with the disciplinary and criminal proceeding brought by the Legislative Assembly against three judges of the Constitutional Court.

Human Rights Watch expressed concern about the law on civil society which gave the authorities power to interfere with the functioning of the organizations. It hoped that judicial reform would strengthen the independence of the judiciary. Bolivia must ensure that gross human rights violations were not judged by military courts. Franciscans International recognized the advanced legislation on human rights in Bolivia and noted the lack of mechanisms to implement the laws. It was essential to strengthen resources and capacities to deal with violence against women, and to urgently reform the judicial system and ensure access to free and fair trial to all.

Action Canada for Population and Development called on Bolivia to decriminalize abortion and to eliminate the requirement for judicial authorization for abortion in cases of rape or incest. Bolivia should revise its legal code and provide safe and free access to abortion services in any circumstances. Amnesty International said concrete steps must be taken to end impunity for human rights violations committed in the past. Maternal mortality rates were among highest in the region and Amnesty International urged Bolivia to remove the requirement of judicial authorisation for abortion in cases of rape, and adopt sexual and reproductive health bill. United Nations Watch said it was deeply concerned about violations of women and children’s rights in Bolivia, and the failure of the justice system to protect children from exploitation. Half of the population lived below the poverty line. Prison overcrowding had to be addressed to ensure that children in detention were protected from sexual abuse.

Centre Europe – Tier Monde recognized progress made by Bolivia for the protection of economic, social and cultural rights, and more particularly in the areas of health, food, access to water and education. It welcomed Bolivia’s leading role in promoting the right to drinkable water at the international level. International Fellowship of Reconciliation was concerned that Bolivia had received no recommendation regarding its lack of any legal provision for conscientious objectors to be exempted from military service, despite its commitment to allow that. Bolivia should take legislative action to create an alternative civilian service for conscientious objectors. American Association of Jurists welcomed the impressive social and economic achievements of Bolivia and the legal recognition of the right of indigenous peoples to implement their own justice system. It also commended Bolivia’s efforts in reducing the unemployment and poverty rates.

Concluding Remarks

ANGELICA NAVARRO, Permanent Representative of Bolivia to the United Nations Office at Geneva, said that the majority of concerns expressed today had already been dealt with. Bolivia would continue engaging in a constructive dialogue with the civil society in with the aim of improving the promotion and protection of human rights in the country. It would be a great honour to present the progress made, said Ms. Navarro, and thanked all the delegations that had engaged in Bolivia’s Universal Periodic Review. Bolivia had presented real picture of the human rights situation in the country with honesty and humility and was committed to bringing about peaceful change through its Living Well project for all Bolivians.

The President said that of 193 recommendations received, Bolivia supported 178 and took note of a further 15.

The Council then adopted the Outcome of Universal Periodic Review of Bolivia.

Consideration of the Outcome of the Universal Periodic Review of Fiji

AIYAZ SAYED-KHAIYUM, Attorney- General and Minister for Justice of Fiji, reiterated Fiji’s commitment to advancing and protecting the fundamental principles and values of universal human rights enunciated in the Universal Declaration of Human Rights whilst cultivating an ethos of a responsible human rights culture. The constitution of Fiji enshrined fundamental principles and values such as common and equal citizenry, a secular State and good governance. For the first time a comprehensive and very progressive Bill of Rights had been created which allowed for the realization of socio-economic rights as well as civil and political rights. It had also established a Human Rights and Anti-Discrimination Commission for the promotion, protection, observance of and respect for human rights guaranteed under the constitution.

The Minister for Justice said the Fijian Parliament had approved a bill to remove all references to the death penalty in military laws, and therefore abolishing the dead penalty from all national legislation. Fiji was aware that there were patriarchal notions of power relations as well as challenges in tackling violence against women at the legislative and community levels. However, huge progress had been made in establishing a legislative framework for addressing violence against women, including new legal provisions for the offences of rape and sexual assault based on the Australian model as well as domestic violence and child abuse. Fiji encouraged civil society to undergo legal training on the effective implementation of the laws, which were designed to remove discrimination and violence against women.

Indonesia commended Fiji for holding successful elections in 2014 and hoped that the democratization process would further strengthen its constitutional reforms and promote long-term stability. Indonesia welcomed the steps towards the ratification of the Convention against Torture and urged the Government to accelerate the implementation of its national gender policy. Kuwait welcomed Fiji’s participation in the Universal Periodic Review and the progress it had made in the promotion and protection of human rights. Kuwait congratulated Fiji on the organization of fair elections which showed that the country was well on its way to upholding human rights. New Zealand welcomed the removal of the death penalty from the military penal code and the commitment to establish a constitutional commission, which in turn would re-establish the Human Rights and Anti-Discrimination Commission. New Zealand also welcomed Fiji’s steps towards ratification of the Convention against Torture and urged due consideration be given to the impact of reservations on achieving the full spirit of the Convention.

Sierra Leone noted with satisfaction the acceptance by Fiji of the great number of the recommendations and said that it highly valued cooperation and constructive engagement of Fiji with the Universal Periodic Review mechanism. Sierra Leone particularly welcomed the efforts to protect women and girls from violence.
Sri Lanka congratulated Fiji on its efforts to restore democracy and commended the people of Fiji for the conduct of its elections. Sri Lanka trusted the new Government would take necessary steps for the promotion and protection of human rights, and called for technical assistance from the international community. Venezuela welcomed Fiji’s cooperation with the Universal Periodic Review and its efforts in the field of education. The challenges Fiji faced with regard to climate change were well noted.

China welcomed Fiji’s commitment to international cooperation in the field of human rights and the large number of recommendations it had accepted. China encouraged Fiji to implement all accepted recommendations and to continue efforts for poverty eradication. Cuba welcomed that Fiji had accepted its recommendations relating to the implementation of a national policy for persons with disabilities and Fiji’s efforts to ensure access to free primary education. India welcomed Fiji’s commitment to the Universal Periodic Review process, and noted with appreciation that the new constitution of Fiji contained dispositions on all human rights and on the elimination of ethnic voting. India encouraged Fiji to ensure that its Human Rights and Anti-Discrimination Commission functioned in compliance with the Paris Principles.

Commonwealth Human Rights Initiative hoped that the Government would swiftly address human rights challenges, including by removing the draconian decrees and legislation adopted by the previous regime. The Public Order Amendment Act restricted freedom of assembly and criminalized peaceful protest. Minority Rights Group expressed concern that the Human Rights and Anti-Discrimination Commission suffered from a lack of adequate resources and called on Fiji to take immediate action to restore its functionality and compliance with the Paris Principles.

Human Rights Watch expressed concern about severe restrictions on media freedom, a clampdown on worker’s rights, and torture and ill-treatment in detention in Fiji. It regretted that Fiji did not accept the recommendation to suppress the Media Decree which restricted media freedom. It called on Fiji to facilitate a visit by the Special Rapporteur on Torture. Amnesty International commended Fiji on becoming the ninety-ninth abolitionist country to repeal the death penalty. However, a number of past cases of torture and ill-treatment remained to be investigated, and a range of national laws, including the Media Decree, restricted freedom of expression.

Concluding Remarks

AIYAZ SAYED-KHAIYUM, Attorney-General and Minister for Justice of the Republic of Fiji thanked States for their recommendations and their acknowledgment of progress made. It was unfortunate that some of the comments made by non-governmental organizations were based on heresy by third-party sources and not facts, which would be more constructive. Regarding the Essential National Industries Decree, he noted that stakeholders had been consulted during a meeting of employer and employee representatives who would be directly affected by the decree. There was consensus that the law had to be improved and that would be done following legislative procedures. On the issues pertaining to the freedom of expression, the Minister confirmed that if any law was contrary to the constitution, the constitution would prevail. The consultation process at the Human Rights Council had to be a positive development.

Out of 138 recommendations received, 112 enjoyed the support of Fiji and 26 were noted.

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

Consideration of the Outcome of the Universal Periodic Review of San Marino

FEDERICA BIGI, Director of Political and Diplomatic Affairs of the Department of Foreign Affairs, Ministry of Foreign Affairs of San Marino, acknowledged the importance of promoting and protecting the rights and freedoms of human beings at all times and in all circumstances. After the examination before the Council, all the recommendations made to San Marino were evaluated and 46 out of 74 recommendations were immediately adopted. Those recommendations, on which San Marino reserved its position until today had been submitted to Government colleagues and evaluated by the competent authorities.

San Marino said it had not adopted the recommendations to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to adhere to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity because of limited human resources in the public administration. San Marino noted that it had to be careful not to undertake treaty commitments that it was impossible to endeavour within the four next years. Likewise, San Marino stated that its legislation did not assimilate couples of the same sex with heterosexual couples, which was why another three recommendations could not be accepted. It had since accepted a further nine recommendations, making a total of 55 out of 74 recommendations accepted.

Council of Europe made three suggestions regarding human rights in San Marino: the need to strengthen the fight against corruption in the public administration; the need to establish an independent mechanism to counter racism; and the need to pursue efforts to raise public awareness on tolerance and intercultural dialogue. Kuwait congratulated San Marino’s efforts to implement recommendations made during its first Universal Periodic Review, including reforms to better combat racism and xenophobia.

Sierra Leone commended San Marino for its cooperation with the Universal Periodic Review and commitment to human rights. San Marino was encouraged to ratify the Convention on the Rights of Migrant Workers and their Families and the Convention on the Protection of All Persons Against Enforced Disappearances. Venezuela welcomed policies put in place to strengthen the protection of the rights of women, and noted that San Marino had acceded to a large number of international human rights conventions. Venezuela urged San Marino to continue its efforts to strengthen social protection of vulnerable groups.

Burkina Faso welcomed the willingness of San Marino to cooperate with the Universal Periodic Review mechanism and treaty bodies, and wished San Marino every success in implementing the recommendations. China welcomed San Marino’s efforts to overcome difficulties due to the limitation of human resources. China hoped that San Marino would implement recommendations relating to the protection of vulnerable groups.

FEDERICA BIGI, Director of Political and Diplomatic Affairs of the Department of Foreign Affairs, thanked all delegations for their recommendations, especially the Council of Europe. She took the opportunity to state that San Marino had signed the Convention on the Prevention of Violence against Women and would endeavour to quickly ratify it. Regarding residence permits for people working in the health care sector, she noted that a draft law had been submitted to Parliament and was expected to be adopted in the coming months. San Marino would continue to work on the 55 recommendations that it had accepted, and thanked the Human Rights Council for its cooperation and support.

Out of 74 recommendations received, 55 were accepted by San Marino and 19 were noted.

The Council then adopted the outcome of the Universal Periodic Review of San Marino.

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