Transcript Document
UN Charter • Art 55: With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: – …c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. • Article 56: All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55. UN Resolution 60/251 • the Council shall be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner • the Council should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon. • Contribute, through dialogue and cooperation, towards the prevention of human rights violations and respond promptly to human rights emergencies Complaint Procedure • In accordance with established practice the action taken in respect of a particular situation should be one of the following options: (a) To discontinue considering the situation when further consideration or action is not warranted; (b) To keep the situation under review and request the State concerned to provide further information within a reasonable period of time; (c) To keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council; (d) To discontinue reviewing the matter under the confidential complaint procedure in order to take up public consideration of the same; (e) To recommend to OHCHR to provide technical cooperation, capacity-building assistance or advisory services to the State concerned. US UPR • China regretted that the USA rejected a number of recommendations, including those related to the ratification of core human rights treaties. It noted that: no thorough investigations of the civilians’ killing in Iraq and Afghanistan were conducted; Guantanamo Bay prison had not been closed; no measures were taken against the extensive use of force by law enforcement agencies and the discrimination against minorities persisted. China stated that the USA should take effective measures to promote and protect human rights, and should hold constructive dialogue and cooperate with other countries to jointly advance human rights. Canada UPR (2009) • The Islamic Republic of Iran made reference to concerns raised by the treaty bodies and in stakeholders’ submissions, including on continued cases of violation of human rights in Canada, as well as the growing discriminatory treatment of indigenous people, aboriginal women, migrants, Muslims, Arabs and Afro-Canadians. Iran noted that, since September 2001, Canada’s Muslim and Arab communities had continuously felt victimized. It made reference to concerns about serious acts of violence against Aboriginal women and urged Canada to examine its failure to investigate cases of missing and murdered Aboriginal women. Iran also noted that Canada placed barriers to refugee and migrant family reunification, and recommended that Canada address the root causes of various forms of discriminations in the country, ensure effective access to justice, establish means of redress and protection of the rights of ethnic minorities and indigenous people and Aboriginals, and revisit its decision with regard to the United Nations Declaration on the Rights of Indigenous Peoples. Canada UPR (2009) • The United States of America appreciated Canada’s efforts to settle Aboriginal land claims, with a view to accelerating the process. It also welcomed the attention paid to recommendations to review the effectiveness of its antitrafficking laws and to coordinate law enforcement efforts among national, provincial and State authorities, and requested more information in this regard. It commended Canada’s acknowledgement of civil society concerns and appreciated its efforts to build on these constructive relationships, consulting them on universal periodic review follow-up activities. It noted that Canada had been a model member of the Council, demonstrating deep commitment to the protection and promotion of human rights. China UPR • Amnesty International believed that the Chinese authorities had undermined the value of the country’s universal periodic review by rejecting a large number of recommendations covering a broad range of human rights, and had seriously undermined the credibility of the review outcome by manipulating the contributions of civil society to the process. It urged the Government to reconsider the recommendations that had not enjoyed China’s support, including regularly publishing figures on the death penalty; ending the death penalty and administrative detention, persecution for exercising rights to freedom of expression, association and assembly, repression of national ethnic minorities, including Tibetans and Uighurs, and persecution of other religious practitioners; and implementing the 2008 recommendations of the Committee against Torture and ratifying the Optional Protocol to the Convention against Torture and the International Covenant on Civil and Political Rights. Amnesty International was concerned about Macao’s national security law, which could be used to imprison individuals for exercising their rights to freedom of expression and association. China UPR • Pakistan highlighted the fact that China, in spite of being the most populous country in the world, was realizing many of the Millennium Development Goals ahead of time, and that these best practices should be replicated by other States. It noted that China, as a responsible global power, had always looked after the rights and interests of the developing world, the acknowledgement of which had been reflected in the statements made during the review. China’s acceptance of a range of recommendations made in the fields of civil, political, economic, social and cultural rights and the establishment of an inter-agency working group to systematically analyse and implement these recommendations reflected the seriousness that it attached to human rights. Pakistan noted the promulgation of China’s first national human rights plan of action and the new plan on the pharmaceutical and health-care system.