HUMAN RIGHTS COUNCIL ADOPTS OUTCOME OF UNIVERSAL PERIODIC REVIEW ON REPORTS ON PHILIPPINES, ALGERIA AND POLAND
The Human Rights Council this afternoon adopted the outcome of the Universal Periodic Review process on the reports on the Philippines, Algeria and Poland.
Erlinda Basilio, Permanent Representative of the Philippines to the United Nations Office at Geneva, said the Philippines had welcomed the opportunity to present an objective assessment of the human rights situation in the country and to strengthen the Universal Periodic Review process as a key instrument of the Council in advancing human rights on a global scale. The Philippines had further sought to progressively refine its relevant laws, policies and practices on human rights. That continuous effort had encompassed the whole range of governance from the making of national laws to law enforcement to the administration of justice at the local level. Filipino civil society was a dynamic and active partner as well as a watchdog of Government, and the media was one of the freest and most outspoken in the world. The Philippines would continue to develop a gender-responsive approach to issues of violence against women and to build a supportive environment for women and children within the judicial system, and would continue combating trafficking in human beings at the national level. The Philippines did not engage or encourage torture or extrajudicial killings of any kind. They would continue to take resolute and concrete steps to address allegations of extrajudicial killings and measures would follow the rule of law and due process.
In the discussion on the report of the Philippines, delegations noted that the Philippines attached great importance to the Universal Periodic Review process and had provided a comprehensive plan to achieving the goals set. In particular, the Philippines had paid attention to the rights of women and children. The voluntary commitment and cooperation of the State would provide help and relief for vulnerable groups. The efforts carried out with regard to extrajudicial killings and the training of security forces in human rights were especially commended, and the Philippines was encouraged to implement the recommendations of the Working Group to step up efforts in this area.
Speaking in the discussion on the report of the Philippines were the delegations of China, Algeria, Canada, Qatar, Indonesia, Sri Lanka and Thailand.
Also speaking on the Philippines were the representatives of the Commission on Human Rights of the Philippines, International Women’s Rights Action Watch, Human Rights Watch, Centre on Housing Rights and Evictions, Asian Forum for Human Rights and Development, Commission of the Churches on International Affairs of the World Council of Churches, Indian Council of South America and the Asian Legal Resource Centre.
Idriss Jazairy, Permanent Representative of Algeria to the United Nations Office at Geneva, said that there was still much work to do and Algeria still needed to improve its performance. The Government had already reviewed the recommendations and begun work on some. It had accepted 17 out of 20 recommendations. He listed the various steps the Government was taking, including a professional code for journalists and measures to combat trafficking of human beings. Algeria would also work to ratify the Convention on the Rights of Persons with Disabilities and had also agreed to visits from various Special Rapporteurs. Also discussed were the three recommendations that Algeria did not accept, because they were counter to the Constitution.
In the discussion on the report of Algeria, delegations noted that Algeria had signed and ratified a number of human rights instruments. Its determination to make positive efforts had been noted through the various activities it had undertaken, especially in the light of the difficult situation it had been facing in the past years. Algeria had accepted and implemented 17 out of 20 recommendations of Working Group, which were not easy. The priority that the Algerian Authorities had given to addressing poverty and protecting rights of women and children was also highlighted. Others regretted that concerns raised concerning freedom of religion and expression in Algeria had not been included in the final report.
Speaking in the discussion on the report of Algeria were China, Tunisia, the United Arab Emirates, Bahrain, Qatar, Cuba, Nigeria, Indonesia, Belgium and Pakistan.
Also speaking were representatives of the European Centre for Law and Justice, International Federation of Human Rights Leagues, Arab Commission for Human Rights and Amnesty International.
Zdzislaw Rapacki, Permanent Representative of Poland to the United Nations Office at Geneva, said that, with the strong commitment of all the stakeholders, the Universal Periodic Review could and would make a difference on the ground by improving the human rights situation in States under review. Poland was committed to improve and further consolidate its national system of human rights protection on the basis of the Universal Periodic Review outcome. Its commitments included the plan to ratify the second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, as well as to continue actions to reduce poverty and social exclusion. A new national programme on social security and social integration for the years 2008-2010 now under preparation would strengthen assistance to families for the purpose of counteracting poverty and social exclusion of children. Poland had also pledged to further improve the situation of disabled persons and to strengthen measures to reduce domestic violence. In 2008, the Law to Counteract Domestic Violence and the National Programme for Countering Domestic Violence would be amended, and a national programme for gender equality would be prepared.
In the discussion, many speakers welcomed Poland’s acceptance of the Working Group’s recommendations, in particular concerning the use of pre-trial detention, overcrowding in prisons and on the prevention of discrimination, although they still had concerns in these areas
Speaking in the discussion on Poland were representatives of Federation for Women and Family Planning, International Commission of Jurists, Amnesty International, Helsinki Foundation for Human Rights and the European Region of the International Lesbian and Gay Association.
When the Council meets again on 11 June 2008 at 10 a.m. it plans to consider the outcome of the Universal Periodic Review process for the reports on the Netherlands, South Africa and the Czech Republic.
Consideration of Outcome of Universal Periodic Review for Report on the Philippines
ERLINDA BASILIO, Permanent Representative of the Philippines to the United Nations Office at Geneva, said that the Philippines had always attached the highest priority to the protection and promotion of human rights. It had therefore gladly welcomed the opportunity to undergo the Universal Periodic Review, in order to present an objective assessment of the human rights situation in the country and to strengthen the Universal Periodic Review process as a key instrument of the Council in advancing human rights on a global scale. The Philippines had further sought to progressively refine its relevant laws, policies and practices on human rights. This continuous effort encompassed the whole range of governance, from the making of national laws to law enforcement and the administration of justice at the local level. Further, the Filipino civil society was a dynamic and active partner as well as a watchdog of Government, and the media was one of the freest and most outspoken in the world. The Philippines had made key voluntary commitments at the conclusion of its Review, amongst which were the commitment to develop a gender-responsive approach, especially to protect the rights of children and women, to continue to address the issue of extrajudicial killings and to meet the basic needs of the poor.
On women and children, Ms. Basilio noted that the Philippines would continue to develop a gender-responsive approach to issues of violence against women and to build a supportive environment for women and children within the judicial system. The Supreme Court had created a Committee on Gender-Responsiveness in the Judiciary. The Philippines had also been chosen as one of the pilot countries to be involved in the United Nations joint programme on violence against women. Interventions to address rape, sexual harassment, trafficking in women and children and domestic violence were being prioritized. On trafficking, it was noted that the Philippines would continue combating trafficking in human beings at the national level. They had also called for the extension of the mandate of the Special Rapporteur on trafficking in persons. Concerning extrajudicial killings, they were ensuring that members of security forces were trained in human rights and on their responsibility to protect human rights defenders. Human rights offices had already been institutionalized in the Armed Forces and the National Police. The Philippines did not engage or encourage torture or extrajudicial killings of any kind. They would continue to take resolute and concrete steps to address allegations of extrajudicial killings and measures would follow the rule of law and due process. Torture was prohibited by the Constitution and was a criminal act punishable under the revised penal code. Recently, the Philippines had also signed and was in the process of ratifying the Optional Protocol of the Convention against Torture.
Further, Ms. Basilio noted that the Philippines would be pleased to share with other countries its experience in the area of justiciability of economic and social rights, particularly in the field of labour rights. The Philippine Labour Code expressly mandated freedom of association and the protection of all peaceful concerted activities, including strikes. The Philippines was actively meeting the basic needs of the poor and other vulnerable groups and was committed to achieving the Millennium Development Goals. As it was the case of many countries, they were facing difficulties caused by rising food and energy prices and by the devastating threat of climate change. It was also underlined that the Government had involved the civil society in the preparatory process of its national report and would fully involve it in the follow-up to the review.
KE YOUSHENG (China) thanked Ambassador Basilio for her introductory remarks. The Philippines attached great importance to the Universal Periodic Review process and had provided a comprehensive plan to achieving the goals set. In particular, the Philippines had paid attention to the rights of women and children. Many initiatives had been established such as the twenty-five year national strategic framework and the establishment of mechanisms for migrant workers. China welcomed the information provided in the report and was confident that the Philippines would overcome the challenges and stay committed to promoting and protecting human rights.
IDRISS JAZAIRY (Algeria) commended the Philippines for a constructive approach and involvement of civil society in the promotion and protection of human rights. The voluntary commitment and cooperation of the State would provide help and relief for vulnerable groups. Algeria hoped that international assistance was duly provided to enable the Philippines to translate the accepted recommendations into reality. He noted that the Philippines was working to accomplish a number of factors, including abolishing the death penalty.
JOHN VON KAUFMANN JOHN VON KAUFMANN (Canada) said that Canada was pleased that the Philippines had constructively engaged in the Universal Periodic Review process. The efforts carried out with regard to extrajudicial killings and the training of security forces in human rights were especially commended. Canada encouraged the Philippines to implement the recommendations of the Working Group, to step up efforts to investigate and prosecute extra-judicial killings and to punish those responsible. Further, the Philippines was encouraged to strengthen their witness protection programme.
FAISAL ABDULLA AL-HENZAB (Qatar) expressed appreciation for the Philippines’ cooperation with the Council and the steps it had taken for the benefit of the people. This was not surprising as the Philippines had made contributions in the institution building process of the Council. The Philippines had declared their commitment to promote and protect human rights, specifically for women, children and the disabled. They had established a gender sensitive action plan and had identified means and ways to help the poor. It was the responsibility of the Council to support the Philippines in achieving these goals. Support could be through dialogue, cooperation and capacity building. Qatar once again thanked the Philippines for their presentation and their continued efforts in combating human rights issues within their country, and encouraged them to continue this work.
GUSTI AGUNG WESAKA PUJA (Indonesia) congratulated the Philippines on its frank and comprehensive report. The strong commitment of the Philippines to the Universal Periodic Review process mirrored the singleness of purpose and consistency of the Government in keeping the goal of responsible governance always in sight. The early establishment of an independent commission on human rights had been the first in a series of moves to integrate the promotion and protection of human rights at all levels of government. It was an example of best practices notably in the fields of development, education, the protection of migrant workers and the trafficking of person. The Philippines had willingly undertaken to address some gaps in the protection of the human rights of women and children.
AMEER AJWAD OMER LEBBE (Sri Lanka) welcomed the open and constructive approach with which the Philippines had addressed the recommendations. It bore testimony of their commitment in the promotion and protection of human rights. Particularly commended were the initiatives in combating trafficking in human rights and the leading international role the Philippines played in this regard. Further, it was the Council’s common responsibility to create a collaborative atmosphere to help the country to meet its goals with a view to enhancing the protection of human rights.
LADA PHUMAS (Thailand) congratulated the Philippines for the positive steps it had taken regarding human rights. Further developments should be encouraged and supported by the international community. Thailand welcomed the Philippines voluntary commitments and pledges. Thailand was confident that the Philippines would continue to engage with the international community.
LEILA M. DE LIMA, of the Commission on the Human Rights of the Philippines, welcomed the Philippines Government’s commitment to accord the highest priority to the promotion and protection of human rights. It asked the Government to nurture an independent Commission by acting on the Presidential veto message on the annual appropriations limiting the use of their savings, filling the posts of three Commissioners, and certifying the proposed Charter of the Commission. The Commission asked for support for the Barangay Human Rights Action Centres and a joint project with the New Zealand Human Rights Commission. It looked forward to the ratification of the Optional Protocol to the Convention against Torture. It encouraged the Government to sign the Convention on Enforced Disappearances. The Commission would actively engage with treaty bodies. It would engage relevant State agencies to reiterate a human rights-based legislative agenda, monitor judicial decision, and advise executive action to address human rights issues.
CLAIRE PADILLA, of International Women's Rights Action Watch, in a joint statement with several NGOs1, called on the Philippines Government to reject the recommendation by the Holy See which called for the protection of children in the womb. Acceptance of this would be contrary to international human rights law and would also further compound a major public health crisis involving half a million unsafe abortion procedures every year resulting in hundreds of deaths. This was also contrary to the Committee on the Elimination of Discrimination against Women’s concluding comments on the Philippines in 2006.
SEBASTIEN GILLIOZ, of Human Rights Watch, in a joint statement with Amnesty International, welcomed the Universal Periodic Review outcome on the Philippines that included important recommendations made by several States during the review to eliminate extrajudicial killings, enforced disappearances, and torture and other ill-treatment, and to carry out investigations into such violations and to punish those responsible. They encouraged the Government to act immediately on these recommendations, which echoed those of the Special Rapporteur on extrajudicial, summary or arbitrary executions. The Government should strengthen its witness protection programme particularly by ensuring that all those at risk were provided security, adequate housing and other support as long as their lives were under threat. The challenge for the Philippines Government contained in the outcome report continued to be the effective implementation if its initiatives and programmes. These included reform of the witness protection programme and the prosecution and suitable punishment of persons found to be responsible for political killings and other serious rights violations, particularly those from the security sector as stated in its reports for the Universal Periodic Review. They welcomed the signature by the President of the Philippines of the Optional Protocol to the Convention against Torture shortly after the Universal Periodic Review in April.
CLAUDE CAHN, of the Centre for Housing Rights and Evictions, welcomed the attention paid by the Philippines to economic, social and cultural rights. It drew attention to housing issues and forced evictions. It was disappointed that little attention was given to these issues. It noted the abolition of the Presidential Commission on the Urban Poor. A draft billing that proposed a definition of professional squatting may breach the Social Justice of the Constitution. The Government should stop the recent erosion to law and policy in the area of housing rights and should not proceed with the House Bill 1087.
CECILIA JIMENEZ, of Asian Forum for Human Rights and Development (FORUM-ASIA), commended the members of the Council for the objectivity of the questions and recommendations delivered during the interactive dialogue of the Universal Periodic Review on the Philippines. The Government of the Philippines was asked to reconsider its position on the International Criminal Court and to ratify and become a State party to the Rome Statute. The Government’s openness during the Universal Periodic Review was lauded, but the delegations of the Philippines had chosen not to reply to some key issues and recommendations that had been raised. Most of them pertained to the conflict between Muslim insurgents and Government troops in the Southern Province of Mindanao, as well as the question of issuing standing invitations to Special Procedures.
EDITA T. BURGOS, of the Commission of Churches on International Affairs of the World Council of Churches, also speaking on behalf of the International Association of Democratic Lawyers, thanked the States that raised serious questions and recommendations during the Universal Periodic Review on the Philippines in April. There was concern on the continued extrajudicial killings and other human rights violations. Such concern dispelled the glossy picture projected by the Philippines National Report through its reporting of formal recognition of basic rights and lavish citation of laws and commitments. Much was left to be desired regarding the Philippines efforts to prepare the report through a consultative and participatory process. The delegation did not indicate any adoption of the recommendations of the Special Rapporteur on extrajudicial summary or arbitrary execution especially on the charges in the counterinsurgency programme being implemented by the State and which the Special Rapporteur noted as one of the causes of the killings and disappearances. They respectively urged the august body to encourage the Philippines to abide by its pledges and commitments and implement the recommendations of the Special Rapporteur on extrajudicial summary or arbitrary executions.
RONALD BARNES, of the Indian Council of South America, thanked the Philippines for the cooperation and the incorporation of civil society in the Universal Periodic Review process. It also thanked the Government for its cooperation and constructive work with civil society on problems of extrajudicial executions, especially of human rights activists and journalists. It recommended that the authorities work on the root causes for these assassinations and that they look for disappeared persons.
MICHAEL ANTHONY, of the Asian Legal Resource Centre, welcomed the importance in the report of the Working Group given to the need for the Philippines to provide evidence of concrete results concerning its promises to address extrajudicial killings and forced disappearances. It was noted that the chief of the human rights office had admitted that he and his staff had never gone to the field to investigate allegations of killings. Efforts by the Government lauded by some in the report might look good on paper, but they were failing to achieve concrete results in challenging impunity on a case-by-case basis. The recommendation for the reform of the judiciary and the armed forces were appreciated. Requests for the ratification of the Convention on the Protection of All Persons from Enforced Disappearances and the Optional Protocol to the Convention against Torture were also welcomed.
ERLINDA BASILIO, Permanent Representative of the Philippines to the United Nations Office at Geneva, in her concluding remarks, said that it was an honour to be one of the first countries to go through the Universal Periodic Review process. It had been an important learning experience. The recommendations would be used to strengthen the Philippines national institutions and policies aimed at bringing better and fuller protection of human rights for all Filipinos. The Philippines had listened to all stakeholders and would keep in mind their suggestions in strengthening and addressing human rights issues in the country. She was thankful to all the troika members and secretariat for their support and patience throughout the process. She was also thankful to all non-governmental organizations and members of civil society for their comments and suggestions.
Ms. Basilio congratulated the Human Rights Council on the successful conduct of the Universal Periodic Review. The positive atmosphere and outcome of the Universal Periodic Review showed that it was possible to discuss and analyse country situations in a constructive and cooperative manner. More importantly, through the Universal Periodic Review, they had seen that all countries, regardless of the level of development, demography, or geography, faced similar challenges in effectively implementing human rights obligations.
All countries needed the support of an enabling international environment conducive to the responsible promotion and protection of all human rights for all peoples. Human rights were the universal responsibility and heritage of the Philippines.
Sixty years ago, Member States, through the Universal Declaration for Human Rights, “pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,” and acknowledged that “a common understanding of these rights and freedoms was of the greatest importance for the full realization of this pledge.” The Philippines believed that the conduct of the Universal Periodic Review helped bring the international community closer to this common understanding of both the cause and challenge of human rights. The Universal Periodic Review contributed to the realization of more constructive and cooperative international engagement on human rights, as embodied in General Assembly resolution 60/251 and the institution-building package which all delegations in Geneva worked so hard on last year. It also perhaps brought closer the vision of the original drafters of the Universal Declaration - in which human rights would exacerbate divisions in an already much divided and conflicting world, but bring nations closer together in a common purpose to uphold the inherent dignity and equal and inalienable rights of each and every individual.
Ms. Basilio expressed continuing strong support for the Universal Periodic Review process and was confident that it could further contribute to the effective implementation of human rights standards on the ground, where it mattered most, as all countries sought to ensure greater enjoyment of human rights of their peoples.
Consideration of Outcome of Universal Periodic Review on Report on Algeria
IDRISS JAZAIRY, Permanent Representative of Algeria to the United Nations Office at Geneva, thanked all those who had expressed an interest in the report. There was still much work to do and Algeria still needed to improve its performance. The Government had already reviewed the recommendations and begun work on some of them. Algeria accepted 17 out of 20 recommendations. He listed the various steps the Government was taking, including a professional code for journalists and measures to combat trafficking of human beings. Algeria would be organizing a national meeting on family relations to stem domestic violence. Algeria would work to ratify the Convention on the Rights of Persons with Disabilities. It had agreed to visits from various Special Rapporteurs. He discussed the three recommendations Algeria did not accept, because they were counter to the Constitution. Algeria was open to an interactive debate. The Universal Periodic Review had the ability to assess the commitment of States. It was an enterprise of cooperation and dialogue. It should be a mechanism applied to all States. It should not be shackled straight away. The Council had a positive vision for Algeria at the end of the day.
KE YOUSHENG (China) appreciated the open and constructive approach and the honest dialogue Algeria had had during the Universal Periodic Review. China noted that Algeria had signed and ratified a number of human rights instruments. Its determination to make positive efforts had been noted through various efforts it had undertaken. China hoped and believed that Algeria would make new achievements in the national reconciliation and make new efforts towards improving human rights in all areas.
SAMIR LABIDI (Tunisia) thanked the Ambassador of Algeria for all the information submitted and congratulated Algeria on the efforts deployed to strengthen human rights in the country in spite of the difficult challenges, specifically issues of terrorism. Algeria had proven commitment to initiatives specifically on education, health, women and family affairs. They had always applied international human rights treatments. They had proven their commitment in the human rights sphere. Tunisia encouraged Algeria in their endeavours and supported the recommendations of the Universal Periodic Review.
OBAID SALEM SAEED AL ZAABI (United Arab Emirates) thanked Algeria for accepting the recommendations of the Working Group. It was important that Algeria had accepted measures to protect the rights of women and children. The United Arab Emirates welcomed the initiative of organising an international conference examining the link between national security and human rights.
MUNA RADHI (Bahrain) welcomed the commitment of Algeria to the Universal Periodic Review and its open and positive attitude during the Review. Algeria had ratified many protocols and international instruments and it was ready to face the Review, despite all the challenges the country faced today. Bahrain supported Algeria in all of its efforts of a political nature as well as its national strategy to combat violence against women.
ABDULLA FALAH ABDULLA AL-DOSARI (Qatar), speaking on behalf of the Arab Group, said the Arab Group was delighted to reiterate and congratulate Algeria on the report and all the recommendations adopted. They had seen changes in the promotion and protection of human rights in Algeria. Algeria had made amendments to the justice system, further showing their commitment to human dignity. They had accepted and implemented 17 out of 20 recommendations of the Working Group, which were not easy. Algeria was committed to adopting international treaties, given the social and religious specifics of the country. There had been measures in the promotion of the rights of women and children and guarantees for the rights of prisoners, and Algeria had adopted the Convention on Enforced Disappearances. The Arab Group commended Algeria and thanked the country for having responded to the Human Rights Council’s Universal Periodic Review.
RAFAEL GARCIA COLLADA (Cuba) thanked and congratulated the Algerian authorities for their open approach. Algeria had demonstrated its commitment to human rights. It highlighted the priority that authorities had given to poverty and protecting rights of women and children. It commended Algeria for the significant progress Algeria had made. Algeria tried to reconcile freedom with national security. Cuba encouraged continued efforts.
JOHN A. GANA (Nigeria) commended Algeria for the open and constructive manner it had used during the entire process of the Universal Periodic Review. Nigeria noted with delight that Algeria had already begun taking necessary steps towards implementing many of the recommendations it had agreed to. Algeria endorsed the universal principles of the promotion and protection of human rights. The various mechanisms put in place by Algeria to guarantee the protection of the fundamental freedoms and rights of its citizens as the right to fair trial, freedom of the press, humanisation of conditions of detention, the right to education and other economic and social rights were welcomed.
GUSTI AGUNG WESAKA PUJA (Indonesia) said that Indonesia had noted 10 international human rights conventions and instruments which illustrated Algeria’s commitment to human rights. Algeria had accepted a number of recommendations from the Working Group, namely on the protection of women and children, the enhancement of health services, and the policy of free education. The necessary steps had been taken through policy to address torture and cruel treatment. Indonesia was of the view that the decision to invite Special Procedures should be dictated by needs only. Indonesia encouraged the continued promotion and protection of human rights on the ground in Algeria.
NICOLAS NIHON (Belgium) said that during the Universal Periodic Review process on Algeria, Belgium had noted the deterioration of freedom of religion and expression in the country. It had hoped to see these concerns in the final report but they were not there. Belgium highlighted concerns about religions other than Islam not being allowed in Algeria. Belgium called for a greater commitment of the Government to the protection of the rights of freedom of religion and expression.
MARGHOOB SALEEM BUTT (Pakistan) said that the steps taken with respect to the recommendations made during the review of Algeria were noteworthy. Algeria was faced with a complex and challenging internal situation. In the face of such demanding challenges, it had maintained the delicate balance with respect to promotion and protection of the human rights of its citizens as well as the need to ensure peace and stability while conducting a fight against terrorism. Despite serious challenges, the Algerian model pursued multi-dimensional policies to promote sustainable development, including the reforms of State institutions, and this needed support and acknowledgment. The initiatives taken by the Government to implement a national strategy to combat violence against women were also welcomed.
PATRICK PUPPINCK, of the European Centre for Law and Justice, said that they had looked at the reports and congratulated the authors for their high quality. There was an alarming situation of religious freedom in Algeria. It had been expressed in the dialogue, specifically recommendation number 55 brought forth by Belgium had not been taken into account. The European Centre requested Algeria to suspend decree 2006 which was responsible for the pressure. This decree was behind what many had described as anti-Christian persecution. The Centre urged dialogue with religious minorities and that the Government put full scope to religious freedom back into the Algerian Constitution. Further the Centre urged that Algeria invite the Special Rapporteur on the freedom of religion and belief to visit sometime in the near future.
NATACHA GALAU, of International Federation of Human Rights Leagues (FIDH), in a joint statement with Cairo Institute for Human Rights Studies, welcomed the decision of the Government of Algeria to accept most of the recommendations. It regretted the rejection of the recommendations regarding forced disappearances. It deplored the refusal to not revoke the decree banning the practice of religions other than Islam. It regretted the lack of changes to the family code.
ABDELWAHAB HANI, of the Arab Commission for Human Rights, deplored that the main recommendations of the Council and of the Human Rights Committee and the Committee Against Torture had not been supported by Algeria. With regard to visits by Special Rapporteurs to Algeria, the Commission wanted to point out that extra-judicial killings and torture were crimes against humanity. Ratification of the Rome Treaty was of particular importance with a view of putting an end to impunity and Algeria was urged to ratify it. There was a prevailing amnesty provided for crimes committed by security officials. Also nothing justified maintaining the state of emergency, the situation had led to 200,000 deaths and thousands of disappeared and the Government refused to publish the list of disappeared.
ANITA GOH, of Amnesty International, welcomed Algeria’s responsiveness to recommendations by
States during the review to implement measures to protect detainees from torture and other ill-treatment; to strengthen efforts to protect women’s rights; to ensure the rights of detainees, including access to a lawyer; and to cooperate with the Special Procedures. Amnesty International was concerned about the persistent pattern of secret detention and torture by the Department for Information and Security. They urged the Government to take account of numerous reports of individuals who had disappeared while held in secret detention centres operated by the Department for Information and Security. They shared the concerns about the discrimination against women in the Family Code and about the continuing reports of violence against women, including in the family. They urged Algeria to take immediate steps to ensure that officers of the Department for Information and Security no longer exercised judicial police functions; open full, independent and impartial investigations into all reports of enforced disappearance, torture, violence against women, and secret detentions and to bring to justice those responsible for such violations.
IDRISS JAZAIRY, Permanent Representative of Algeria to the United Nations Office at Geneva, in concluding remarks, said Algeria listened to the comments of States and the criticism of the non-governmental organizations. Algeria wished to provide clarification on a number of points raised. Impunity was not included in the Charter of Peace and Reconciliation because the referendum decided that this issue should not be added. The Charter had been recognized by certain jurists as being a transitional document. Contrary to what was said, Algeria had signed the Convention on Enforced Disappearances. The Algerian Government had opted for reconciliation where other States had oppressed activists and journalists. With the Algerian Constitution the right to ensure that the wishes expressed by the Algeria people would win out. Those who violated peace should be subject to prosecution. Algeria believed that revisionism of history should not be allowed. The Constitution allowed for the freedom of thought. All people were equal under the law. Laws recognized as days of paid leave Jewish and Christian holidays as well as Muslim holidays. The Algerian Government allowed for the freedom of religion. Any limits on the practice of religions existed on Islam as well. Aggressive proselytizing was controlled. He challenged the notion that Algeria was not tolerant toward other religions. The Algerian public opinion was hostile toward the visits of Special Rapporteurs. Algeria had since embarked on the path of reconciliation. He reiterated that Algeria had accepted 17 out of 20 recommendations. He thanked all who had contributed to the debate. Algeria was committed to the promotion and protection of human rights. It was the will of the President and of the Algerian people.
Consideration of Outcome of Universal Periodic Review for Report on Poland
ZDZISLAW RAPACKI, Permanent Representative of Poland to the United Nations Office at Geneva, said that, in Poland’s view, the Universal Periodic Review constituted one of the raisons d’être of the Human Rights Council. The Council’s credibility therefore rested largely on the success of the process. With the strong commitment of all the stakeholders, the Universal Periodic Review could and would make a difference on the ground by improving the human rights situation in States under review. All comments, questions and recommendations formulated had been highly valued by Poland. They had allowed Poland to better identify the key challenges it was facing. Poland was committed to improve and further consolidate its national system of human rights protection on the basis of the Universal Periodic Review outcome. Its commitments included the plan to ratify the second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty. Poland would also introduce measures for streamlining the implementation of the recommendations of the Human Rights Committee. The Government was further committed to continue actions to reduce poverty and social exclusion. Combating those phenomena remained a priority in national social policy. A new national programme on social security and social integration for the years 2008-2010 now under preparation would strengthen assistance to families for the purpose of counteracting poverty and social exclusion of children.
Mr. Rapacki further noted that Poland pledged to further improve the situation of disabled persons and to strengthen measures to reduce domestic violence. In 2008, the Law to Counteract Domestic Violence and the National Programme for Countering Domestic Violence would be amended. Poland would also reinforce actions to implement equal treatment of women and men. A national programme for gender equality would be prepared. Poland would also continue to combat and counteract racism, xenophobia, anti-Semitism and hate crimes. Those phenomena were not common in Poland; however the Government was determined to implement a wide catalogue of preventive measures of an institutional, legal and educational nature. Moreover, the existing network of human rights advisers attached to the police commander in chief would conduct ongoing monitoring of incidents, trends and crimes related to discrimination and misconduct of law enforcement authorities. The establishment of an institution of human rights advisers attached to the Border Guard was also planned. Furthermore, Poland would spare no efforts to enable pre-school age children to enjoy their rights, among others through creating conditions for the development of various forms of pre-school education, particularly in rural areas. Poland’s aim was also to upgrade the quality and level of education in rural areas.
DOROTA TRYPENS, of Federation for Women and Family Planning, in a joint statement with Action Canada for Population and Development; Latin American Committee for the Defence of Women's Rights (CLADEM); International Women's Rights Action Watch - Asia Pacific, said that the legal framework established in Poland through the Counteracting Domestic Violence Act from 2005 and the Criminal Code for the protection of domestic violence victims had not been effective. The Act gave police and courts the right to isolate victims from perpetrators of violence, but those powers had rarely been used and, if so, had only been used after criminal proceedings were finished. As a result, victims continued to remain at home with no protection against further violence. In Poland, the law also did not foresee effective measures to review refusals of abortion. As a result, women whom were denied abortions did not have any possibility of consulting an independent body or to have that decision reviewed. The Federation of Women and Family Planning called on the Polish Government to take steps to rectify those situations. Change must come with both legislative reforms and increased social awareness of those problems.
LUKAS MACHON, of the International Commission of Jurists (ICJ), welcomed the interaction between the Polish government and the Human Rights Council through the Universal Periodic Review mechanism. The Polish Government had yet to implement the recommendations. Most importantly, it had not allowed for a full disclosure concerning secret detentions. There was an account of a CIA prison, but only a secret investigation, which did not satisfy the international obligations, had taken place. The Government had also not addressed requests to publish the report of the investigation. The ICJ urged the Government to look into these allegations, establishing an independent, transparent inquiry into the matter, and to make its findings public.
MATTEO DE BELLIS, of Amnesty International, welcomed the focus by many delegations in the Universal Periodic Review Working Group on identity-based violence and discrimination. Deep concern was shared at the climate of fear that increasingly threatened the basic human rights of lesbian, gay, bisexual and transgender people in Poland. The authorities were urged to endorse and act upon the recommendations of the Working Group. Further, the alleged involvement of authorities in Poland in the United States-led programme of secret detentions and renditions had been raised during the interactive dialogue. However, no specific recommendations had been included in the outcome of the report. It was believed that there was strong evidence to suggest that Poland might have hosted United States-controlled detention facilities on its territory.
DOROTA PUDZIANOWSKA, of the Helsinki Foundation for Human Rights, said that they were satisfied with the Polish Government’s acceptance of most of the recommendations made. Of all the issues raised, the Helsinki Foundation was especially glad that the recommendations concerning the use of pre-trial detention, the overcrowding of prisons and the prevention of discrimination were addressed. Those constituted major human rights problems in Poland. The previous changes proposed by the Government regarding pre-trial detention were insufficient. On 26 May 2008, the Polish Constitutional Court had declared that provisions “legalizing” the overcrowding of Polish prisons as unconstitutional. Prisons were currently running at approximately 112 per cent capacity. That needed to be remedied. While freedom of assembly was no longer an issue, Poland still faced other problems, including hate speech and physical violence towards lesbians, gays, bisexuals and transgendered people, discrimination at the workplace, limited access to services, and possible discrimination in family matters. A new anti-discrimination law was currently being prepared, but appeared restrictive and limited. The Helsinki Foundation urged the Government to take up these problems in the near future.
ROBERT BIEDRON, of European Region of The International Lesbian and Gay Federation, emphasized that it was pleased that the Polish Government had accept most of the recommendations of the Working Group, including those related to sexual orientation. It stressed that the government’s proposed anti-discrimination law included sexual orientation only in employment. The human rights standards in Europe on this matter included sexual orientation and gender identity in all contexts. The ILGA-Europe recommended implementing the current Universal Periodic Review recommendations. It also encouraged the Polish Government to fulfil the decision of the European Court of Human Rights in the B¹czkowski case.
ZDZISLAW RAPACKI, Permanent Representative of Poland to the United Nations Office at Geneva, in final remarks, said that Poland was fully committed to making the Universal Periodic Review process a success and to ensuring that it would improve the situation of human rights at the national level. No country had a perfect human rights record and Poland was not an exception. They were aware of their shortcomings in this field. It was necessary to be constantly ready to respond to new challenges. The recommendations made in the course of the review process was an immense added value for further improvement of the human rights situations on the ground. The principles of openness and inclusion were of utmost importance in the Universal Periodic Review process, in particular the involvement of civil society.
1Joint statement on behalf of: International Women's Rights Action Watch; Action Canada for Population and Development; Federation for Women and Family Planning; Latin American Committee for the Defence of Women's Rights (CLADEM); and Center for Reproductive Rights.
For use of the information media; not an official record
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