HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW PROCESS ON GERMANY, DJIBOUTI AND CANADA

The Human Rights Council this afternoon adopted the outcomes of the Universal Periodic Review process on Germany, Djibouti, and Canada.

Reinhard Schweppe, Permanent Representative of Germany to the United Nations Office at Geneva, presenting additional information on the review, said out of the 44 clusters of recommendations made, Germany had accepted 35, most of which had been embraced without reservations or restrictions. All recommendations had been subjected to careful scrutiny by the relevant authorities at federal level, and had been considered with a view to both Germany's international obligations and national laws, as well as to their added-value for the protection and promotion of human rights in Germany. The answers to the recommendations had been the subject of consultations with civil society organizations and the national human rights institution. Many recommendations referred to the specific areas of human rights of migrants, questions of racism, xenophobia and related intolerance, and to minority issues - almost all of these had been accepted.

During the discussion on Germany, speakers welcomed Germany's constructive approach and that most of the recommendations were accepted. Several million Muslims lived in Germany and their integration, as well as the elimination of discrimination against them, was in Germany’s interest. Considerable attention was given to the issue of integration and education; many recommendations were given with a view to further promoting integration and ensuring that all persons enjoyed the right to education, regardless of their background, which was welcomed. A speaker said that in Germany, not all rights of migrants were guaranteed, especially those that were forced to live illegally in Germany.

Speaking during the discussion on Germany were Qatar, Algeria, Cuba, Russian Federation, Saudi Arabia, Iran, Sweden, United States and Chad, as well as representatives of the German Institute for Human Rights, Charitable Institute for Protection of Social Victims, Organization for Defending Victims of Violence, Iranian Elite Research Center, Arab Commission for Human Rights, Amnesty International, Canadian HIV/AIDS Legal Network, and World Council of Churches.

Mohamed Siad Douale, Permanent Representative of Djibouti to the United Nations Office at Geneva, presenting additional information on the review, said Djibouti had undertaken efforts to follow-up the recommendations made during the Universal Periodic Review. With regards to freedom of expression, the Constitution provided that each and every person had the right to speak freely and disseminate their opinions. Legislation provided the necessary guarantees for trade unions to act freely. As for unsubstantiated allegations of persecution of trade unionists, the International Labour Organization had determined that there were none. With regards to the ratification of international instruments, the Council of Ministers had adopted a project for a law to accede to the International Convention on the Rights of Persons with Disabilities, and the necessary steps had been taken to ratify the Convention on the Elimination of Racial Discrimination.

During the discussion on Djibouti, speakers commended the openness that Djibouti had shown with respect to the recommendations of the Working Group. However, Djibouti was still facing enormous difficulties in attaining the Millennium Development Goals, in particular with regards to marginalisation of women and poverty. Speakers called on the international community and the relevant human rights bodies and mechanisms to extend the required assistance in response to the Government’s expressed needs, based on the national priorities and strategies. Measures taken to ensure the right to education by increasing the number of primary and secondary schools, strengthening higher education and drawing up plans and programmes for the future of the children of Djibouti were also commended.

Speaking during the debate on Djibouti were Qatar, Algeria, Cuba, United Arab Emirates, Egypt, Bahrain, Saudi Arabia, Indonesia, Morocco, Yemen, Senegal, Nigeria and Burkina Faso. Representatives of Organisation pour la communication en Afrique et de promotion de la cooperation économique internationale, Rencontre africaine pour la défense des droits de l’Homme, Arab Commission for Human Rights, Cercle de recherché sure les droits et les devoirs de la personne humaine, Al-Hakim Foundation, and the Cairo Institute for Human Rights Studies also spoke.

Marius Grinius, Permanent Representative of Canada to the United Nations Office at Geneva, presenting additional information on the review, said Canada's first Universal Periodic Review had provided an important opportunity for the country to look at its human rights implementation from a global perspective. Canada received 68 recommendations, and accepted 32 in full, 22 in part, and did not accept 14. Canada also made a number of voluntary commitments in the written response. Canada was taking measures that addressed many of the issues raised in the recommendations regarding Aboriginal peoples. Canada strove to build a society based upon understanding, strong citizenship, engagement and inclusion. It was committed to taking decisive steps to eliminate racism and to address any and all issues of discrimination facing Canada's diverse racial, ethnic, cultural and religious communities and had demonstrated its unwavering commitment to combat racism and racially-based discrimination. The protection of children from all forms of sexual exploitation remained a continuing priority for Canada.

During the discussion on Canada, speakers said that it was regrettable that Canada refused to fully implement the Convention on the Rights of Indigenous Peoples, and had dissociated itself from international efforts to combat racism, racial discrimination and xenophobia in the Durban Review Conference. Since September 11, 2001, Canada’s Muslim and Arab communities had continuously felt victimized. The recommendations on the issue of violence against women including indigenous women enjoyed support. Canada’s strong support of civil society’s participation in multilateral fora and consultations with them in domestic matters was well known and to be commended. It was expected that Canada’s actions both in and outside the Council would be in line and conformity with the principles of objectivity, impartiality and selectivity

Speaking in the discussion on Canada were Algeria, Cuba, Russian Federation, Iran, Sweden, United States and Chad, and the Canadian Human Rights Commission. Representatives of the following non-governmental organizations also spoke: Charitable Institute for Protection of Social Victims, Organization for Defending Victims of Violence, Iranian Elite Research Center, Indian Council of South America, Rencontre africaine pour la défense des droits de l’Homme, and International Organization of Indigenous Resource Development.

Over the next few days, the Council will review and take action on the outcomes of all 16 States considered during the fourth session of the Universal Periodic Review Working Group.

The next meeting of the Council will be at 10 a.m. on Wednesday, 10 June 2009, when it will proceed with the consideration of the outcomes of the Universal Periodic Review process on Bangladesh and the Russian Federation.


Consideration of Outcome of Universal Periodic Review on Germany

REINHARD SCHWEPPE (Germany) said the answers of the German Government reflected the very positive interest Germany had taken in the creation and conduct of the Universal Periodic Review, as well as the open and constructive spirit in which it had approached the recommendations. The Universal Periodic Review had received considerable attention in Germany at all levels, including Parliament. Out of the 44 clusters of recommendations made, Germany had accepted 35, most of which had been embraced without reservations or restrictions. On a single recommendation, Germany was not yet in a position to provide a definite answer. Virtually all recommendations which the Government found difficult to accept related to issues which had been and were the subject of an ongoing and intense debate between all stakeholders in Germany, and the relevant recommendations were viewed as a valuable contribution to this internal debate.

All recommendations had been subjected to careful scrutiny by the relevant authorities at federal level, and had been considered with a view to both Germany's international obligations and national laws, as well as to their added-value for the protection and promotion of human rights in Germany. The answers to the recommendations had been the subject of consultations with civil society organizations and the national human rights institution. Many recommendations referred to the specific area of human rights of migrants, questions of racism, xenophobia and related intolerance, and to minority issues - almost all of these had been accepted. Germany remained committed to protecting the human rights of all migrants, minorities, and religious groups, and saw no contradiction between this commitment and its well-known stand on the Migrant Worker's Convention, or existing limitations to the open display of religious beliefs by teachers and civil servants while on duty.

MANSOOR ABDULLA AL-SULAITIN (Qatar) said that Qatar welcomed the measures taken by Germany and following Qatar’s recommendations, especially on the integration of Muslims into German society. Germany had also taken positive measures aimed at countering any discrimination based on religion. It had taken measures regarding the punishment of perpetrators of any acts on grounds of discrimination. Germany was also committed to guarantee freedom of religion, which Qatar welcomed particularly.

SELMA MALIKA HENDEL (Algeria) thanked the German delegation for the supplementary information presented, which highlighted additional measures taken by the Government. With respect to the increase in racism towards Muslims and asylum seekers, Algeria asked Germany to follow-up with the Committee on the Elimination of Racial Discrimination in this regard. Algeria recommended that Germany make ethnic or religiously motivated crimes as an aggravating circumstance under the law. It was regrettable that there was no active participation by Germany in the Durban Review Conference and its preparatory process, and Algeria regretted that Germany had decided to boycott the Review Conference and hoped that the Government of Germany would support the final outcome document of the Conference. Migrants in Germany also came from countries that were development partners and should be protected. The Government should in this regard accede to the conventions which would make Germany more credible with respect to third parties.

MARINA KORUNOVA (Russian Federation) said Germany was to be thanked for the detailed and substantive answers in response to the recommendations and comments made for submission to Germany during the Working Group on the Universal Periodic Review. Russia valued Germany's constructive approach, displayed in particular in the fact that the delegation agreed with almost seventy per cent of the recommendations made. Russia looked forward to the report on the implementation of the recommendations. Germany agreed with the recommendation that it step up its efforts to combat racism, racial discrimination, xenophobia and related intolerance, and hoped that steps along this line would include a decision on Germany's accession to the Outcome Document of the Durban Review Conference.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said that Saudi Arabia had noted with interest the views of Germany on the recommendations by the Working Group. They showed the positive attitude of Germany vis-à-vis the Human Rights Council and its recommendations. There were several million Muslims living in Germany and their integration, as well as the elimination of discrimination against them, were in Germany’s interest. Saudi Arabia commended Germany on its tireless efforts to protect human rights, especially minority rights. Saudi Arabia also commended Germany on the integration of the fight against Islamophobia in the national action plan.

ASADOLLAH ESHRAGH JAHROMI (Iran) said there were some serious concerns at the growing trend in Germany of racism and persistent discrimination on the grounds of “race” and ethnic origin, gender, religion and belief; this was due to ill-treatment by law-enforcement officials as well as a dramatic increase in racist violence against minorities and a poor strategy of the Government of Germany to counter this phenomenon. Iran also noted the absence of a definition for racial discrimination directed against Muslim, Sinti/Roma and other communities. Unfortunately, it seemed that these trends and incidents were still happening and, therefore, there was an urgent need for taking necessary measures to avoid stigmatization of ethnic and religious minorities as well as migrants living in the country to ensure that they did not become the subject of racism, racial discrimination, xenophobia and related forms of intolerance, including the prohibition of any organization or propaganda based on racist or xenophobic ideologies.

LINA VAN DER WEYDEN (Sweden) said Sweden thanked the Government of Germany for having replied to the questions that it had submitted in advance, and noted in the addendum that support was given to a recommendation on the subject of human rights aspects in the fight against terrorism. Sweden hoped that it would also include how legislation was applied with regard to searches of private computers. During the review, considerable attention was given to the issue of integration and education; many recommendations were given with a view to further promoting integration and ensuring that all persons enjoyed the right to education, regardless of their background, and Sweden welcomed that these recommendations enjoyed the support of the German Government.

CHRISTOPHER SIBILLA (United States) said that the United States commended Germany for its recent actions to extend permanent residence to persons granted asylum, as well as its efforts to better integrate members of immigrant communities into the mainstream, as noted in its national report. Unfortunately, discrimination and hostility towards some racial and religious minority groups remained a problem. For that reason, the United States applauded the creation of the National Action Plan against Racism and commended Germany for its ongoing efforts to combat racism, xenophobia and intolerance.

ANGUI AWADA (Chad) extended a greeting to the Permanent Representative of Germany. Chad noted with satisfaction that Germany had accepted most of the recommendations made in February 2008, which showed the importance Germany attached to the Universal Periodic Review process. Germany also financed a number of projects in developing countries, including in Chad. Chad urged Germany to continue to do so.

KATARINA ROSE, of German Institute for Human Rights, said it appreciated the opportunities for national institutions, non-governmental organizations and other organizations to actively contribute to the Universal Periodic Review, and welcomed the adoption by the Government of Germany of the vast majority of the recommendations, and would closely monitor their implementation. At the same time, it wished Germany could accede to all international human rights conventions. The procedure of the Review needed to be further developed, in particular the interactive dialogue and the adoption of the list of recommendations. Governments were not in a position to disregard human rights recommendations, and should accept that any rejection of one should remain an exception. Universal Periodic Review recommendations which explicitly or implicitly were based on final recommendations of treaty bodies or special procedure mandate holders should always require great attention. A consultation process should be a regular part of the Review process.

MARYAM SAFARI, of Charitable Institute for Protection of Social Victims, said that under the pretext of the war on terror, grave violations of the rights of detainees were taking place in Germany. In detention centers, violations of the rights of detainees were blatant violations of international standards. The organization deemed the cooperation of Germany with countries that resulted to such violations particularly difficult. It was an adoption of double standards. Confessions must not be based on torture.

FATIMEH DORRI, of Organization for Defending Victims of Violence, said according to existing reports and different cultures human rights violations in countries had particular diversities. There were a number of human rights violations taking place in Germany, women wearing hijab, neo-Nazi movements and violence against migrants. German teachers that observed hijab had there rights violated. According to human rights those individuals who chose to observe their religion and practice its customs had the right to do so.

FARZANE MOSTAFIFAR, of Iranian Elite Research Centre, said there was negligence of the freedom of religion and belief in some German States where there was limitation of this right for Muslims, in particular Muslim women. There was thus also gender discrimination. The banning of religious clothes in some schools violated the rights of Muslim women in the country, including the respect of their privacy, removing from them the right to choose a career. Muslim women who did not agree with the new regulations, despite being born in the country, had been forced to leave the country. The Council should review the consequences of these restrictions and bans and remind the Government of Germany to respect human rights to the full.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, said that Germany’s detailed replies strengthened the Universal Periodic Review mechanism. Regarding Germany’s refusal to ratify the Convention on Migrant Workers, the organization said that the arguments should be reviewed, especially the argument that the rights guaranteed were already guaranteed by other conventions. International law was evolving and this convention needed ratification, particularly by countries that hosted migrant workers.

MARIANNE LILIEBJERG, of Amnesty International, welcomed many of the recommendations made and Germany’s acceptance of many of them. Amnesty International welcomed the intent to ratify the Convention on Enforced Disappearances, and acceptance of the recommendation to fully respect the provisions of international instruments, including in particular the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Amnesty International regretted that Germany declined to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

JOHN FISHER, of Canadian HIV/AIDS Legal Network, said the delegation of Germany was commended for its clear response to all recommendations, which greatly improved the transparency of the process. Germany had accepted recommendation number twenty-two on combating hate crimes based on sexuality, and additional information should be provided as to what the Government had in mind. On the proposal to change the law on registration of trans-gender people, there were concerns that the proposed new law still contained some intrusive and unnecessary restrictions. What consultations were conducted with transgender people to ensure that the new law conformed with their needs, the speaker asked.

BARBARA DUNNWELLER, of World Council of Churches, said that there were shortcomings in Germany’s replies to questions asked by the Working Group. Around 75 per cent of recommendations were accepted, unfortunately, a high number remained missing. In Germany, not all rights of migrants were guaranteed; migrants that were forced to live illegally in Germany did not have enough access to health services and education. Even those that had been living in Germany for many years were now threatened with expulsion at the end of the year, due to a European deadline. The organization encouraged Germany to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and to make use of the next public opportunity to accept the outcome document of the Durban Review Conference.

REINHARD SCHWEPPE (Germany), in closing remarks thanked all those who commented and asked questions. It was important to keep the situation taking place in Germany in a global perspective. Germany inside the European Union was by far the country with the largest Muslim population, a population which was well integrated. There was no discrimination directed at Muslim or Sinti/Roma populations. As the consideration of the German Universal Periodic Review came to a close, so was the country’s membership in the Council drawing to an end. Germany was proud to have contributed to the institutional building process of the Council, and considered the Universal Periodic Review process to be a highlight in this regard. The experience was memorable and valuable and Germany looked forward to implementing recommendations. The Universal Periodic Review opened a new cooperative form between States on their human rights obligations; Germany continued to attach equal importance to the special procedures. Together with many co-sponsors Germany enriched the work of special procedures, namely on trafficking in human beings, access to adequate housing and access to safe drinking water. Germany called on all Member States to cooperate with special procedures and issue a standing invitation to them. Germany, soon as an observer, remained committed to the work of the Human Rights Council both to strengthen efficiency and credibility, and would thus be participating in the review of the Council. Mr. Schweppe quoted Emmanuel Kant, “A constitution should be designed in a way that even in a society of devils it was bound to do good”.

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

Consideration of Outcome of Universal Periodic Review on Djibouti

MOHAMED SIAD DOUALEH (Djibouti) said the Minister of Justice in Charge of Human Rights, due to priority commitments at the national level, was unable to be at this meeting. Djibouti had undertaken efforts to follow-up the recommendations made during the Universal Periodic Review, and was deeply grateful to the United Nations Member States for the confidence shown in Djibouti. Djibouti was committed to continuing to contribute constructively to the work of the Council, whose importance for the promotion and protection of human rights could not be over-stated. With regards to freedom of expression, the Constitution provided that each and every person had the right to speak freely and disseminate their opinions. This right was limited by the stipulations of the law on the honour of others. The Government was working to create a positive environment and true tripartism - the Labour Code provided for the establishment of several tripartite or joint bodies.

The Constitution guaranteed freedom of association. Legislation provided the necessary guarantees for trade unions to act freely. As for unsubstantiated allegations of persecution of trade unionists, the International Labour Organization had determined that there were none. With regards to the ratification of international instruments, the Council of Ministers had adopted a project for a law to accede to the International Convention on the Rights of Persons with Disabilities, and the necessary steps had been taken to ratify the Convention on the Elimination of Racial Discrimination. Djibouti was firmly committed to continue without halt its efforts to protect and promote human rights. The Universal Periodic Review was a mirror held up to Djibouti, and that country was counting on the reliability of the reflection in order to evaluate its situation from a proactive stance. Djibouti would use it to improve its situation, accelerate the planned reforms, and gain maximum profit from the best practices that had been shared with it. The Government of Djibouti would keep the Council informed on a regular basis of its progress made in implementing the recommendations.

SULTAN M. AL-DOSARI (Qatar) said that Qatar commended Djibouti’s cooperation with the Council and the openness that Djibouti had shown for the recommendations of the Working Group. Djibouti had accepted 47 recommendations, including the recommendation by Qatar. Qatar hoped that the implementation of those recommendations would make a big difference for the enjoyment of human rights in Djibouti. Qatar welcomed the progress made in Djibouti in the field of human rights, especially regarding children’s rights and education. Qatar wished Djibouti all success in the field of the protection and promotion of human rights and fundamental freedoms.

SIM MELLOUH (Algeria) commended the openness and constructive spirit in which Djibouti had responded to the recommendations. Algeria reiterated its appreciation for the progress made by the Government of Djibouti to boost human rights by placing human rights issues at the heart of its policy, despite the challenges and constraints facing it. Algeria welcomed the establishment of a National Human Rights Commission in line with the Paris Principles which reflected the great importance attached by Djibouti to the enhancement of the promotion and protection of human rights. The delegation acknowledged the efforts made by the Government of Djibouti in the areas of education, health care, protection of women and children and in poverty eradication. Algeria reiterated the recommendation to the Office of the High Commissioner for Human Rights to provide the necessary technical assistance requested by Djibouti to meet its human rights commitments and particularly through the training of its officials in the field of human rights in order to overcome the current delay in presenting its reports to the treaty bodies.

Y. LEALESMA HERNANDEZ (Cuba) said Djibouti's actions and the results achieved in the promotion and protection of the human rights of its people showed firm political will and commitment to this cause. Djibouti was particularly meritorious when considering that it was a small developing country that was fighting for its people in the context of the impact of the global economic and financial crisis. Cuba appreciated he initiatives taken by the country, both legally and practically to protect and promote human rights, and was satisfied that the country was taking positive steps to implement the recommendations made. Cuba urged Djibouti to continue upon the path it had chosen, with the full support of Cuba.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates) said that it was satisfied that Djibouti had accepted the majority of the recommendations of the Working Group. The United Arab Emirates welcomed the positive cooperation with human rights mechanisms in order to ensure human rights and the rule of law. The United Arab Emirates also valued Djibouti’s efforts which constituted a step in the right direction. In order to encourage Djibouti to continue to promote and protect human rights, the Council should adopt Djibouti’s report in this form to maintain good cooperation with the country.

AMR ROSHDY HASSAN (Egypt) said Djibouti had demonstrated throughout the Universal Periodic Review process a high degree of commitment and openness both in the preparation of its national report and in the dialogue conducted within the context of the Working Group. Egypt commended the efforts exerted by the Government of Djibouti aiming at the enhancement and protection of human rights and fundamental freedoms, efforts that were fraught with challenges and constraints. In this regard, Egypt called on the international community and the relevant human rights bodies and mechanisms to extend the required assistance in response to the Government’s expressed needs, based on the national priorities and strategies. Djibouti voluntarily accepted the majority of the recommendations presented to it during the review of its national report. In this context, Egypt encouraged the Government of Djibouti to further its efforts for the promotion and protection of all human rights, while welcoming the attention paid to the areas of education, health, poverty reduction and strengthening of the judicial system as well as the national human rights architecture.

MUNA ABBAS RADHI (Bahrain) said Djibouti had taken a number of positive steps to implement the recommendations contained in the Universal Periodic Review report, with a number of measures reflecting the Government's commitment to implementing human rights and working with the international organizations. This underlined Djibouti's willingness to protect and promote human rights, including the right to education, by increasing the number of primary and secondary schools, strengthening higher education and drawing up plans and programmes for the future of the children of Djibouti.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said that Saudi Arabia welcomed the many efforts Djibouti had undertaken in the promotion and protection of human rights. It particularly welcomed the acceptance of the recommendations on continuing efforts to increase primary and secondary schooling and improve higher education. Despite obstacles encountered by this country it had taken measures for the promotion of the rights of women and it had enacted laws to strengthen education so that children between 6 and 15 had to attend school which was free. Saudi Arabia congratulated Djibouti on these measures and wished it success in its further efforts.

GUSTI AGUNG WESAKA PUJA (Indonesia) said Indonesia appreciated the positive participation of Djibouti in the Universal Periodic Review process. The challenges faced by Djibouti had already been enumerated in detail earlier this year during the review. In this respect, Indonesia was pleased to note that several of the recommendations made by the various countries during the review process were carefully considered. In this vein, Indonesia commended Djibouti’s national efforts to actively address and establish cohesive solutions to specified limitations. In particular, Indonesia believed that their ongoing work and constructive strategies to drastically reduce illiteracy and to promote the education of girls between the ages of 6 and 16 years would positively empower girls and women in their society. Furthermore, Indonesia believed that the incorporation of ratified international human rights instruments into national norms as well as the promulgation of initiatives to increase the participation of women in the political and social spheres must be commended, especially with regard to the national Millennium Development Goal commitments.

MOHAMED ACHGALOU (Morocco) said the Working Group noted that Djibouti accepted 37 recommendations and promised to examine seven, clearly showing the respect of that country for the principles and goals of the Universal Periodic Review. Morocco appealed to the international community to assist the Djibouti Government and to accompany it in its efforts to protect and promote human rights, providing the Government with the necessary technical and financial assistance, in particular with regards to harmonising national legislation and the necessary reform linked thereto. The Government should be encouraged to make specific requests for technical cooperation from the relevant international institutions, including the Office of the High Commissioner for Human Rights. With the joint efforts of all relevant stakeholders, at the national, regional and international levels, the Government of Djibouti would succeed in implementing the recommendations which it had committed to, and would also succeed in expanding the gains already achieved in the promotion of civil and political rights.

ABDULLAH NOMAN (Yemen) said that the report and the presentation were characterized by great credibility. The attendance of a high-level delegation was an indicator for the importance that Djibouti attached to human rights. Yemen encouraged Djibouti to implement the recommendations made during the Universal Periodic Review.

SEYNABOU DIAL (Senegal) expressed how much Senegal appreciated the efforts made by the Government of Djibouti with respect to the promotion and protection of human rights. Djibouti had illustrated its commitment to the promotion and protection of human rights through the measures it had taken to combat unemployment and ensure the right to education and the right to health. These among others were concrete signs of the path that the authorities of Djibouti had taken and committed to in spite of the challenges which remained to be overcome and faced. Senegal urged Djibouti to continue to do so. Senegal appealed to the international community to express more solidarity with Djibouti.

IFEANYI NWOSU (Nigeria) said the Government of Djibouti was to be congratulated on this occasion of the adoption of the report. Djibouti had pledged to implement almost all of the recommendations made during the Universal Periodic Review process, in particular the establishment of a juvenile justice system, and the development and strengthening of legislative measures to investigate incidents of crimes against children, and these were to be supported. The international community should support Djibouti in this regard.

CLARISSE MERINDOL (Burkina Faso) said that Burkina Faso congratulated Djibouti on its commitment to human rights and encouraged it to implement the recommendations made during the Universal Periodic Review. Burkina Faso was convinced and had learned from its own experience that only joint efforts would guarantee the blossoming of their populations. Djibouti was a brother country to Burkina Faso.

BELL HILAIRE, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (Ocaproce International), said it had studied the national report submitted by Djibouti as well as the report made by the Office of the High Commissioner for Human Rights and comments made by national and international non-governmental organizations. The reports of the troika welcomed the positive results noted in the report and the comments made on strengthening the fight for the rights of women and children. Djibouti was congratulated for its efforts for the promotion and protection of human rights of women and for the positive interaction during the Universal Periodic Review process. The organization urged the Government of Djibouti to continue efforts towards combating illiteracy of women, which was very high in the country.

Mr. BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, said after many years of political instability which had had a negative impact on the enjoyment of economic, social and cultural rights, Djibouti had finally committed itself to building a State based on the rule of law, with its accession to a number of international instruments based on human rights. However, it was still facing enormous difficulties for attaining the Millennium Development Goals, in particular with regards to marginalisation of women and poverty. The authorities should establish a national programme to promote women's rights, rehabilitate victims of poverty and sexual mutilation, and establish an enabling framework to promote the freedom of the press, and sign and ratify the Convention on Enforced Disappearances. It should also establish a framework to restore and rehabilitate families that were victims of attacks by the Eritrean army, and continue its recent efforts to protect and promote human rights.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, congratulated Djibouti for having accepted a number of recommendations. However, a part of the recommendations had been rejected. Due to missing numbering, it was not completely clear which part had been rejected and the organization asked the Secretariat to clarify this issue. The organization drew the Council’s attention to the fact that the International Labour Organization had a number of complaints regarding Djibouti. No State had made a recommendation concerning the ratification of the UNESCO Convention on the Elimination of Discrimination in Education. The organization thought that this was a very important convention, especially for Djibouti.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine, welcomed the delegation of Djibouti and the national report of Djibouti to the Universal Periodic Review process. Djibouti was a country that they wanted to cooperate with both in the Council and in the field with the Government’s intention to harmonize national legislation with that of international legislation it had ratified.

ABDUL AMIER HASHOM, of Al-Hakim Foundation, said the Government of Djibouti had made great efforts to cooperate with the mechanisms of the Office of the High Commissioner for Human Rights, in particular with the recommendations made at the Universal Periodic Review. It had repealed restrictions imposed in the Constitution, paving the way for a multi-party system, and there had been five new parties created which had taken part in elections. Women were given a quota of ten per cent in the national Council, and this should be expanded in the future. The judiciary should be effectively reformed in order to be more independent. There were also reports of political and tribal intervention in judgements. The Constitution and legislation allowed for the creation of trade unions and other bodies, but the Government restricted this right.

HASSAN SHIRE SHEIKH, of Cairo Institute for Human Rights Studies, said that it commended Djibouti on its continuing interaction with the United Nations mechanisms, especially the Universal Periodic Review mechanisms. The organization encouraged Djibouti to continue working together with United Nations mechanisms, notably by extending an open invitation to Special Procedure mandate holders. This was now more vital than ever. The Cairo Institute also urged Djibouti to protect human rights defenders and to create an enabling environment for media professionals and called on Djibouti to refrain from arbitrary arrests of trade unionists.

MOHAMED SIAD DOUALEH (Djibouti), in concluding remarks, said there was no persecution of trade unionists in Djibouti; this allegation belonged to the realm of myths, and trade unionists were able to give their views on issues and move about freely. He affirmed the deep gratitude of the Government of Djibouti to the States and representatives of civil society who made comments and expressed interest with respect to human rights in Djibouti, as well as for their recommendations and suggestions. The Government of Djibouti would continue its work in this regard and keep the Council informed of progress made. The Government of Djibouti was aware of the obstacles that remained and the challenges it faced to overcome them. The Government of Djibouti aimed to do so by prioritizing and giving effect to these commitments, by identifying needs and applying relevant mechanisms as well as the recommendations of the Office of the High Commissioner for Human Rights. These were all examples that this commitment was evident.

MURIEL BERSET, (Switzerland) thanked Djibouti for its presentation and said that it listened carefully to the presentation. Djibouti had said that responses would be provided for certain questions before the acceptance of the report which was now. Switzerland asked Djibouti for clarity if the Human Rights Council should now consider whether the eight recommendations that were still pending were accepted.

MOHAMED SIAD DOUALEH (Djibouti) said Djibouti had already taken note of these recommendations - its silence was not ignorance, and they would be responded to at the appropriate juncture.

MURIEL BERSET (Switzerland) said this explanation removed all ambiguity.

The Council then adopted the outcome of the Universal Periodic Review report on Djibouti.

Consideration of Outcome of Universal Periodic Review on Canada

MARIUS GRINIUS (Canada) said Canada had greatly benefited from the views and perspectives of all the States that participated in the Universal Periodic Review. Canada had carefully examined the recommendations and comments brought forward. It had received 68 recommendations, and accepted 32 in full, 22 in part, and did not accept 14 recommendations. Canada also made a number of voluntary commitments in the written response. Canada's first Universal Periodic Review had provided an important opportunity for the country to look at its human rights implementation from a global perspective. The issues raised touched many governments and many departments. Canada was taking measures that addressed many of the issues raised in the recommendations regarding Aboriginal peoples. Canada committed to consider the future recommendations of the Truth and Reconciliation Commission. Governments in Canada were working to advance equality for women across the country and to ensure the protection of their rights, as well as to respond to the social and economic needs of Canadians, with policies and programmes aimed at reducing poverty.

Canada strove to build a society based upon understanding, strong citizenship, engagement and inclusion. It was committed to taking decisive steps to eliminate racism and to address any and all issues of discrimination facing Canada's diverse racial, ethnic, cultural and religious communities and had demonstrated its unwavering commitment to combat racism and racially-based discrimination. The protection of children from all forms of sexual exploitation remained a continuing priority for Canada. Federal, provincial and territorial governments worked both individually and collaboratively to enhance implementation of international human rights treaties to which Canada was a party. However, Canada recognised that there could be opportunities to improve existing processes, and therefore committed to considering options for enhancing mechanisms and procedures related to the implementation of international human rights obligations. Canada welcomed the views of civil society and Aboriginal organizations in identifying practical means to fulfil this commitment.

SELMA MALIKA HENDEL (Algeria) noted that out of the 68 recommendations made, Canada had decided to reject a number of recommendations and partially accept others. Algeria had expected more openness from Canada. Algeria had expected that Canada’s actions both in and outside the Council would be in line and conform with the principles of objectivity, impartiality and selectivity, where Canada had persistently refused to come to consensus on matters and denounced violations of these principles with respect to issues taking place in specific regions of the world. Canada indicated that it had mechanisms in place that ensured that provincial and federal Governments were made aware of the international obligations; however this was not the case. With respect to Article 61 of the Committee on the Elimination of Racial Discrimination, recommendations were made to launch awareness campaigns and amend anti-terrorism laws, and Algeria regretted that Canada did not adopt such legislation. In addition it was also regrettable that Canada did not support the final outcome document of the Durban Review Conference.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said in the interactive dialogue during the Universal Periodic Review process, more than 48 countries took part, and 68 recommendations were made, including those that Canada consider ratifying some major international human rights instruments and that it increase its efforts to combat racism, racial discrimination and xenophobia, particularly against First Nations, as an essential part of democracy. Canada had adopted a number of these, but it was regretted that it refused to fully implement the Convention on the Rights of Indigenous Peoples, and had dissociated itself from international efforts to combat racism, racial discrimination and xenophobia; the Government should join in this with actions aimed at implementing the Durban Declaration and Plan of Action and the Outcome Document adopted at the Durban Review Conference. Canada would no doubt have plenty of time to reflect on these issues as it would no longer be part of the Council shortly.

MARINA KORUNOVA (Russian Federation) said that it noted with regret that Canada had not implemented one of Russia’s recommendations and had not participated in the Durban Review Conference. It should reconsider its position on the fight against racism and racial discrimination and should accede to the Outcome Document of the Durban Review Conference. Poverty was becoming increasingly topical in the context of the global economic and financial crisis and Canada should specifically consider the situation of indigenous peoples in Canada.

ASADOLLAH ESHRAGH JAHROMI (Iran) said the treaty bodies and stakeholders’ submissions elaborately raised concerns and revealed continued cases of violations of human rights in Canada and made considerable references to the Government’s non-compliance with its international obligations, as well as growing discriminatory treatment with respect to the indigenous people, aboriginal women, migrants, Muslims, Arabs and Afro-Canadians. While sharing those concerns, Iran noted that since September 11, 2001, Canada’s Muslim and Arab communities had continuously felt victimized. Iran also noted the situation of First Nations indicating that they were disadvantaged and discriminated, particularly in economic, social and cultural rights.

LINA VAN DER WEYDEN (Sweden) said during the Universal Periodic Review process in February, a couple of countries had raised the issue of violence against children in Canada. Sweden noted that these recommendations had enjoyed the support of the Canadian Government, and hoped that it would also include a provision against corporal punishment. Sweden also welcomed that the recommendations on the issue of violence against women including indigenous women had enjoyed the support of the Government, and appreciated that Sweden's recommendation in that regard was taken into account.

ANNA CHAMBERS (United States) said that the United States appreciated Canada’s efforts to settle Aboriginal land claims with a view toward accelerating the process. The United States also looked forward to a response to recommendations that Canada reviewed the effectiveness of anti-trafficking laws and coordinate law enforcement efforts among national, provincial and State authorities. The United States commended Canada’s acknowledgment of civil society concerns with regard to its Universal Periodic Review preparation process and appreciated Canada’s efforts to build on its constructive relationship with civil society organizations by consulting with them on Universal Periodic Review follow-up activities. Canada’s strong support of civil society’s participation in multilateral fora and consultations with them in domestic matters was well known and to be commended.

ANGUI AWADA (Chad) extended a welcome to the delegation of Canada and congratulated them for being here which showed the importance Canada attached to the Universal Periodic Review process. Canada accepted most of the recommendations made, and thus Chad recommended that the report be adopted in the plenary.

BARBARA DUNNWELLER, of Canadian Human Rights Commission, said the Universal Periodic Review process had opened communication channels between the State, human rights bodies and civil society, and would supply means to achieve progress on the important issues which still remained to be settled in Canada, particularly regarding the social conditions of disadvantaged groups. The Universal Periodic Review should help to move forward the dialogue on the rights of indigenous peoples and speed up the ratification of the Convention on the Rights of Indigenous Peoples. The adoption of a number of recommendations was commended, and for those that had not been accepted, Canada should develop practical strategies to reach the objectives that these recommendations were designed to achieve.

MARYAM SAFARI, of Charitable Institute for Protecting of Social Victims, said that in Canada, women’s human rights were violated more than other social groups. They were put through various mental and physical pressures, and were faced with the violation of their legal rights. In view of the large refugee population of the country, most of which had emigrated with their families, this human rights concern in Canada had a particular proportion and dimension. There were severe cases of violence against women in Canada which raised concerns. Reports indicated that young women faced the most violent and serious assault and battery from their husbands and in all of this the exploitation of the emotional feelings of women, alcoholism and even the threat of violence from a former partner in life were all just a corner of the realities.

FATIMEH DORRI, of Organization for Defending Victims of Violence, expressed concern towards the violence or excessive force the police in Canada used against people. The police’s bad treatment in Canada had been a growing concern for years. On several occasions individuals had been injured and or even lost their lives as a result of excessive force used by the police, something which was quite obviously unconstitutional. According to the Amnesty International 2009 Annual Report, in 2008 four individuals died in Canada as a direct result of the police using taser stun guns. The Organization for Defending Victims of Violence deemed the use of taser stun guns as a policy which was blatantly contrary to all international human rights instruments and guidelines.

FARZANE MOSTAFIFAR, of Iranian Elite Research Center, said indigenous and African citizens of Canada suffered from an alarming increase of Islamophobia in Canada. The Muslim community was constantly under pressure, and subject to various forms of prejudice. The situation of the indigenous peoples with regards to employment, health and high suicide and poverty rates was mostly due to high levels of discrimination. There was concern for migrant conditions and the excessive violence of the Canadian police and security forces in carrying out their duties, in particular against Muslims. The issue of the indigenous peoples had remained unresolved for almost two hundred years. The Council should ignore Canada's double-standards in its decision-making policies and resolvedly live up to its international commitments, as well as stop double-standards in its policies. Canada should compensate the indigenous peoples and racial minorities of the country.

RONALD BARNES, of Indian Council of South America, said that it had received emails from the indigenous in Canada complaining about the use of the term ‘aboriginal’ in the Universal Periodic Review. The term aboriginal was coined by a decision of the United States Supreme Court which determined that the Indian Nation must give up their territory and sovereignty for the Christian religion and that they had to adhere to the superior genius of the European civilization. While the basis was not used explicitly in Canada it seemed to have acquired the same meaning and intent in practice in addressing indigenous peoples and therefore should not be imposed upon indigenous peoples. The organization urged Canada to adopt the Declaration on the Rights of Indigenous Peoples without any reduction of Canada’s existing obligation to indigenous peoples.

Mr. BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, asked why was a multicultural country, a great country like Canada, was absent from the Durban Review Conference, while Canada today recognized the wrong doings to indigenous peoples? What remained a dilemma was that Canada continued to face enormous difficulties regarding black afro-descendants living in Canada. The black community in Canada was the most vulnerable to poverty in a rich industrial country. Clearly a federal Government programme was needed to provide equal chances, equal opportunities for black citizens to that of other Canadians and to promote real integration of indigenous women, black women and other minorities in Canada’s economic tissue. Canada was commended for combating poverty and for adopting a law in 2004 to enable Canadian enterprises to communicate medical patents to combat AIDS in other countries.

WILTON LITTELCHILD, of International Organization of Indigenous Resource Development, said Canada's Universal Periodic Review was the first substantive test of the Review on the issues and rights of indigenous peoples. Canada's response was noted, and its acceptance to continue to protect and promote human rights through evolving international human rights standards. On quick analysis, it was clear that 12 of the recommendations rejected by Canada impacted indigenous peoples directly. It did not accept recommendations in international instruments the world already had. There was not one word about the existing legal obligations under the numbered treaties that were being violated even during the session. Five recommendations had been adopted and 10 partially, all specific to indigenous peoples in Canada. There was a need for a permanent process domestically, namely a mechanism and procedure related to the implementation of international human rights obligations generally and specifically for indigenous peoples.

MARIUS GRINIUS (Canada) expressed Canada’s appreciation to all States that had contributed to the Universal Periodic Review process. No country, including Canada, had a perfect human rights record. That was why it was so important that every country was scrutinized under the Universal Periodic Review mechanism. Canada had been an early promoter of human rights and remained committed to strengthen this new mechanism, the Universal Periodic Review. Canada viewed the Universal Periodic Review as a four-year cycle under review. Now, it was looking ahead at the implementation phase. The voluntary commitments would require concerted efforts by all national Canadian authorities.

The Council then adopted the decision on the outcome on the Universal Periodic Review of Canada.


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HRC09079E