Document - Suggested recommendations to States considered in the 11th round of Universal Periodic Review, 2-13 May 2011







Suggested recommendations to States considered in the 11th round of Universal Periodic Review, 2-13 May 2011



Table of content

Page

Page

Belgium 1

Denmark 2

Greece 3

Hungary 5

Latvia 6

Palau 6

Papua New Guinea 7

St Vincent &

the Grenadines 8

Samoa 9

Seychelles 9

Sierra Leone 9

Singapore 11

Solomon Islands 12

Somalia 13

Sudan 14

Suriname 16



Recommendations to the government of Belgium


Ratification of international human rights instruments:

  • To ratify and implement under national law the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Convention for the Protection of All Persons from Enforced Disappearance without further delay.


National human rights institution

  • To establish a National Human Rights Institution, fully compliant with the Paris Principles.


Administrative detention of asylum-seekers and irregular migrants

  • To not deprive asylum-seekers and irregular migrants of their liberty under immigration and/or administrative powers, except in the most exceptional circumstances as prescribed by international and regional law and standards. There should be a presumption against detention enshrined by law;

  • To further improve the living conditions in the closed centres and to revise the existing system for dealing with individual complaints, including to ensure that legal advice services are available inside the closed centres.


Breach of the principle of non-refoulement

  • To strictly observe the principle of non-refoulement, including constructive non-refoulement.


Forcible returns to Iraq

  • To stop forcible returns of individuals to Iraq, particularly to the provinces of Ninewa (Mosul), Kirkuk, Diyala, Salah al-Din and Baghdad, as well as to other particularly dangerous areas, such as parts of Al Anbar province.


Inadequate reception conditions for asylum-seekers

  • To comply with the minimum standards for the reception of asylum-seekers and to take immediate measures to respect asylum-seekers’ basic rights upon their arrival in Belgium.


Excessive use of force during forced returns

  • To ensure that all allegations of ill-treatment and excessive use of force are investigated and to introduce an independent and effective system for monitoring forced returns.


Use of conducted energy devises by police

  • To ensure that conducted energy devices be used only when strictly necessary and proportionate and only in situations where the only lawful alternative would be use of lethal force;

  • To ensure that the procedures for the use of conducted energy devises by police officers are transparently and strictly regulated, and that effective control mechanisms are put in place to investigate use of conducted energy devises in specific situations.


Prison system

  • To ensure that sufficient and adequate resources are allocated to prisons and to promptly and effectively address the issue of prison overcrowding;

  • To ensure that all persons deprived of their liberty are held in humane conditions, commensurate with human dignity;

  • To fully respect prisoners’ rights, including by implementing existing legislation on such rights, and to ensure the establishment of an independent, effective and accessible complaints mechanism for prisoners;

  • To put in place measures to guarantee the rights of prisoners at all time, including during strikes by prison staff.


Ban on face veils

  • To withdraw draft legislation to introduce a complete ban of full-face veils in public and to take measures to ensure that all women are able to exercise their rights free from coercion, harassment and discrimination.



Recommendations to the government of Denmark

Counter-terrorism:

  • To conduct a full, independent, impartial and effective investigation into Denmark’s involvement in the US-led rendition programme, including the use of Danish airspace for over-flights and/or Danish territory for landings/stopovers by aircraft operating in the context of the rendition programme;

  • To cooperate with on-going and follow-up intergovernmental investigations into European complicity in and accountability for involvement in the US-led rendition and secret detention programmes, including processes at UN, EU, and Council of Europe levels;

  • To stop requesting or agreeing diplomatic assurances in cases where the individual concerned would face a real risk of serious human rights abuses if returned;

  • To ensure respect for the right to privacy, including by strengthening judicial oversight of requests to intercept electronic or telephonic communications.


Rights of refugees, migrants and asylum-seekers:

  • To stop involuntary or forced removals of individuals to the provinces of Ninewa (Mosul), Kirkuk, Salah al-Din, Diyala and Baghdad in Iraq, and other particularly dangerous areas, such as parts of al Anbar province, due to the real risk they may face of persecution or serious harm;

  • To ensure that detention of refugees, migrants and asylum-seekers is a last resort, including by giving full consideration to alternatives to detention;

  • To ensure independent monitoring of reception and care centres in the country of origins of unaccompanied children that are returned from Denmark;

  • To ensure that foreigners seeking a humanitarian residence permit in Denmark and suffering from serious physical or psychological illness are not returned to places where they cannot obtain treatment due to financial or other complications.


Violence against women:

  • To amend the Penal Code to ensure that the definition of rape is in line with international standards and to ensure equal protection for all rape victims. Non-consensual sex with a victim in a “helpless state” should be considered rape in the Penal Code;

  • To delete from the provisions of the Penal Code covering rape and sexual abuse (Article 218, 220, 221, 227) any reference to the marital relations between the victim and the alleged perpetrator, thus ensuring that the marriage of the perpetrator and the victim is not a mitigating factor in sentencing or leads to impunity for rape and sexual abuse;

  • To establish an independent monitoring mechanism to systematically analyze all rape investigations that are closed before coming to trial, and to report publicly on the reasons for closing the cases;

  • To develop and adopt a comprehensive action plan to prevent and combat rape and other forms of sexual violence;

  • To ensure that all victims of trafficking are offered a 100-day ‘reflection period’ regardless of any agreement to cooperate on return to the individual’s country of origin;

  • To provide additional protection to victims of trafficking who face a risk of further human rights abuse, include re-trafficking, if returned.


Human rights education:

  • To take further steps to afford human rights education higher priority in the secondary school curriculum.


International human rights standards:

  • To sign, ratify and implement the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures; the Optional Protocol to the International Convention on the Rights of Persons with Disabilities; and the International Convention for the Protection of All Persons from Enforced Disappearances.



Recommendations to the government of Greece


On violations by law enforcement officials

  • To establish an independent and effective police complaints mechanism to investigate all allegations of human rights violations by the police, including excessive use of force, torture and other ill-treatment, and racially-motivated or other discriminatory misconduct, as well as the use of lethal force in police custody;

  • To effectively implement the pertinent judgments of the European Court of Human Rights and the views of the Human Rights Committee in cases concerning police-related actions;

  • To ensure prompt, impartial and comprehensive investigations into all allegations against law enforcement officials of torture and other ill-treatment of individuals, including members of vulnerable groups such as Roma, refugees, asylum-seekers and irregular migrants.


On asylum-seekers and irregular migrants

  • To implement effectively and without delay recent legislative reforms in order to establish a comprehensive and adequately resourced asylum system consistent with international and regional human rights law, including EU standards, to receive and protect asylum-seekers and irregular migrants;

  • To ensure access to free, independent and competent legal assistance at all stages of the asylum process and to suspend removals during all stages of appeal;

  • To ensure that no individual is directly or indirectly refouled to their country of origin, or to any other country in respect to which they claim persecution, in line with Greece’s obligations under international and regional human rights law;

  • To halt the detention of asylum-seekers and irregular migrants for immigration purposes other than in the most exceptional circumstances, as set out in relevant international refugee and human rights law and standards;

  • To immediately end the practice of detaining unaccompanied children, and to prohibit in law the detention of unaccompanied asylum-seekers and migrant children;

  • To provide detainees with an effective opportunity to challenge the lawfulness of their detention, including on the grounds that detention conditions are cruel, inhuman or degrading;

  • To halt any detention in facilities, such as border guard stations and other immigration detention facilities, that are severely overcrowded and/or where conditions are cruel, inhuman or degrading;

  • To ensure that conditions for migrants and asylum-seekers held in immigration detention facilities are in conformity with international and regional human rights standards;

  • To provide all asylum-seekers and other vulnerable groups with adequate reception facilities and standards of living in line with Greece's obligations under human rights and refugee law, including the EU minimum standards;

  • To repeal Article 76(1) of Law 3386/2005, as amended by Law 3772/2009, which provides that a foreign national can be deported if he or she has been prosecuted for a crime punishable by a minimum of three months’ imprisonment.


On conscientious objectors

  • To end the prosecution of conscientious objectors;

  • To amend the legislation that enforces punitive and discriminatory length of alternative service to bring it in line with the international standards.


On Roma

  • To immediately stop forced evictions and to ensure that any eviction is carried out in compliance with international and regional standards;

  • Comply in full with decisions of international and regional human rights mechanisms requiring desegregation of education in Greece, including the decision by the European Court of Human Rights in Sampanis and others v. Greece.


On the death penalty

  • To withdraw the reservation made under article 2 of the Second Optional Protocol to the International Covenant on Civil and Political Rights, which allows for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.


Ratification and implementation of international human rights standards

  • To promptly ratify and implement under national law the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of Hungary

On non-discrimination measures

  • To develop an action plan and take urgent measures to combat and prevent racist incidents and hate crimes;

  • To ensure that members of Romani community, as well as members of other vulnerable groups, are protected from violence and attacks;

  • To ensure the message is clear: racist comments by public officials, including law enforcement and administrative officials, are not tolerated in Hungary;

  • To ratify and implement Protocol No. 12 to the European Convention on Human Rights, which sets out a general prohibition of discrimination.

On implementation of hate crime legislation

  • To ensure that racially motivated violence and other hate crimes are fully and effectively investigated and that those reasonably suspected of responsibility are prosecuted under laws providing for sanctions which reflect the gravity of the human rights abuses;

  • To establish and operate a system across the country for recording and monitoring racist incidents and hate crimes;

  • To develop and disseminate guidelines for police officers and prosecutors to record crimes against the community under Article 174/B;

  • In co-operation with NGOs, community-based organizations and representatives of the minorities, to introduce and implement measures to encourage reporting of racist and other hate-related incidents, such as establishing specialized agencies with trained personnel to which the hate crimes can be reported;

  • To develop and implement guidelines for police officers to investigate crimes against the community under Article 174/B of the Criminal Code and other hate crime offences;

  • To introduce a system of comprehensive monitoring of all incidents that may constitute hate crimes, in particular racist offences. The monitoring should cover all stages of proceedings, including complaints lodged, charges brought and convictions recorded;

  • To take measures to ensure that independent and impartial investigations are initiated promptly and carried out thoroughly without undue delay;

  • To ensure that all police officers receive training on the nature of hate crimes and the role of the police in combating them;

  • To work with Roma self-governments, NGOs and human rights organizations to implement measures to encourage Roma and other victims to report hate crimes and to ensure their protection from reprisal when they do.

On recording crimes committed against members of community

  • To strengthen the data collection on hate crimes in a manner that ensures respect for human rights, including the prohibition of discrimination, so that it can be used to identify trends;

  • To publish the data collected;

  • To ensure that the data collected on the application of provisions of the Criminal Code, including provisions expressly criminalising hate-based violence such as Article 174/B of the Criminal Code, are disaggregated by the different groups to which the victim may belong, while ensuring that any collection of such data is in line with the international standards on the protection of personal data;

  • To establish specialized units or to designate police officers in the county and local police with specialized training in identifying and investigating hate crimes.

On victim support

  • To ensure that victims of hate crimes have effective access to mechanisms of justice and to redress, including by ensuring their access to appropriate support and assistance at each stage of the criminal justice process and, where appropriate, after its completion. The support and assistance should also be provided in cases in which the perpetrators are not identified, prosecuted or convicted;

  • To provide training for the police to ensure that the needs of victims of hate crimes are met, including their rights to dignity and privacy;

  • To ensure that victims of hate crimes, and where appropriate their families, are informed about, offered and have effective access to support, assistance and protection, including counselling and legal assistance throughout any investigation and criminal proceedings, continuing after the case has been closed;

  • To develop programmes and projects to empower Roma to improve their reporting of hate crimes.


On ratification and implementation of international human rights standards

  • To sign, ratify and implement under national law the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, and the International Convention for the Protection of All Persons from Enforced Disappearance, without delay.



Recommendations to the government of Latvia


The death penalty

  • To abolish the death penalty for all crimes;

  • To ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at abolition of the death penalty.


Ratification of international human rights instruments

  • To sign and ratify and implement under national law the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights; opting-in to its inquiry and inter-state procedures, and the International Convention for the Protection of All Persons from Enforced Disappearance, without delay.



Recommendations to the government of Palau


Ratification of international human rights instruments

  • To accede to and implement under national law the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay the International Covenant on Civil and Political Rights and its Optional Protocols, the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol, opting-in to its inquiry and inter-state procedures, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, and the International Convention for the Protection of All Persons from Enforced Disappearance.


Recommendations to the government of Papua New Guinea


Implementation of international human rights obligations

  • To report on the implementation of its obligations on the ICESCR, ICCPR, ICERD, CEDAW and CRC to the relevant Treaty Bodies without delay;

  • To design an effective framework to implement its national and international human rights obligations.


National Human Rights Institution

  • To appoint a task force to oversee the prompt establishment of the National Human Rights Institution, ensuring that there is adequate representation by women and young people, people living with disabilities and other disadvantaged and vulnerable groups;

  • To ensure that National Human Rights Institution has powers to investigate human rights violations in order to complement accountability mechanisms already in place such as the courts of justice, the Ombudsman’s Office and the Leadership Code Commission.


Gender equality

  • To amend the Constitution to include “sex” and “gender” as prohibited grounds for discrimination;

  • To modify or repeal existing laws and regulations that discriminate against women and girls;

  • To adopt and implement a national gender policy and gender action plan to ensure equality between women and men in domestic law;

  • To ensure that all public servants are aware of the gender policy and how to implement it in their work in an effective manner.


Eliminating gender-based violence

  • To develop a legislative reform package to eliminate gender-based violence;

  • To ensure that all complaints of violence, including sexual violence against detainees perpetrated or facilitated by police, are fully investigated and that suspected perpetrators are brought to justice, in line with concerns raised by the Special Rapporteur on torture following his mission to Papua New Guinea in 2010;1

  • To invite the UN Special Rapporteur on violence against women to visit PNG;

  • To ensure that the national government and each provincial and local-level government has in place a plan for the prevention of violence against women and girls, based on a common framework to ensure coherence across provinces and compliance with Papua New Guinea’s due diligence obligations, and including awareness raising campaigns in the mass media and education programs, as recommended by the Committee on the Elimination of Discrimination against Women;2

  • To ensure that women and girls who are subject to gender-based violence have access to healthcare services, counselling, emergency accommodation and long-term and sustainable housing and livelihood solutions, and legal advice, including in cooperation with non-governmental organizations and international donors, as recommended by the Committee on the Elimination of Discrimination against Women;3

  • To ensure that healthcare professionals, welfare officers, counsellors and legal advisors are trained to respond to female survivors of gender-based violence in a manner which respects women’s human rights and prioritizes their safety and welfare.


Sorcery-related killings

  • To vigorously pursue investigations of all sorcery-related killings to ensure that the perpetrators are brought to justice, in line with recommendations made by the Committee on the Elimination of Discrimination against Women;4

  • To develop and implement strategies, including for social change, to prevent further acts of sorcery-related killings;

  • To implement awareness-raising programmes to educate communities about the causes of HIV/AIDS, and to challenge any link between women with HIV/AIDS and notions of sorcery.


Forced eviction in Porgera

  • To carry out full investigations into the forced evictions and related police violence in the Special Mining Lease Area, as part of the “Operation Ipili”, to prosecute those responsible for human right violations, and to provide remedies to those affected, including adequate alternative accommodation and compensation, in full consultation with those affected;

  • To ensure that the prohibition on forced evictions under international law and the human rights consequences of forced evictions are part of comprehensive human rights training for police, and to ensure the participation of senior members of the police force in such training;

  • To immediately assess whether residents in the Special Mining Lease Area require relocation, and if so, to ensure that such relocation occurs promptly and in a manner that fully respects their human rights;

  • To establish an effective complaints mechanism in Porgera to enable members of the public to make complaints, including against police officers, without fear of repercussions, and to conduct awareness campaigns to increase public understanding of procedures for reporting complaints;

  • To ensure that police officers wear identification when carrying out police duties.


The death penalty

  • To abolish the death penalty for all crimes;

  • To ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.


Ratification of international human rights instruments

  • To accede to and implement under national law the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the two Optional Protocols to the International Covenant on Civil and Political Rights, and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of St Vincent and the Grenadines


The death penalty

  • To immediately establish a moratorium on executions with a view to abolishing the death penalty, as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007, resolution 63/168, adopted on 18 December 2008, and resolution 65/206, adopted on 21 December 2010;

  • To commute without delay all death sentences to terms of imprisonment;

  • To prohibit the imposition of the death penalty on anyone suffering from a mental disability,

  • To ensure rigorous compliance in all death penalty cases with international standards for fair trial, including the rights to be tried before an independent, impartial and competent tribunal, to competent defence counsel at every stage of the proceedings, to adequate time and facilities to prepare one’s defence, to presumption of innocence until guilt has been proved beyond reasonable doubt, to appeal to a higher court, and to seek pardon and commutation of sentence.


Ratification of international human rights instruments

  • To accede to and implement under national law the Agreement on the Privileges and Immunities of the International Criminal Court, and to ratify and implement without delay the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights; opting-in to its inquiry and inter-state procedures, and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at abolition of the death penalty.



Recommendations to the government of Samoa


Ratification of international human rights instruments

  • To accede to and implement under national law the Agreement on the Privileges and Immunities of the International Criminal Court, and to ratify and implement without delay the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights; opting-in to its inquiry and inter-state procedures, and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of Seychelles


Ratification of international human rights instruments

  • To accede to and implement under national law the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of Sierra Leone


Abuses by police and other security forces:

  • To instruct the security forces to always act in compliance with international human rights law. They must respect the right to life, end torture and other inhuman and degrading treatment of suspects;

  • To suspend from duty members of the security forces reasonably suspected of having committed offences under international law or other human rights abuses, until allegations against them have been independently and impartially investigated.


Ethnic-political violence and associated human rights violations:

  • To uphold freedom of expression and assembly, including in the context of future electoral campaigns;

  • To invite the UN Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance to visit Sierra Leone;

  • To end impunity and investigate, try, and punish those culpable for political-ethnic violence and human rights violations during the 2007 elections and thereafter;

  • To investigate and punish incidents of political violence involving sexual violence, so that rape does not become a political weapon, as it was during the war.



Justice for serious past crimes

  • To establish a comprehensive plan of action to investigate and prosecute all crimes committed in Sierra Leone for which impunity continues to exist;

  • To bring to justice those suspected of having committed extrajudicial executions, torture, ill-treatment, rape and other grave human rights violations, in accordance with international standards of fairness;

  • To ensure that the victims of human rights violations and their families can obtain full reparation in the form of restitution, compensation, satisfaction, rehabilitation and guarantees of non-repetition;

  • To evaluate the government’s track record and make public its progress on implementing the TRC recommendations so far and publicly commit to further implementations in the future;

  • To enact legislation to make war crimes and crimes against humanity crimes under national law.


Maternal mortality and morbidity

  • To end harmful practices such as female genital mutilation and early marriage and to combat discrimination against women that prevents them from making key decisions on their health;

  • To improve access to confidential family planning services and sexual and reproductive health services, and to promote women’s right to decide whether, when and how many children to have;

  • To guarantee the availability and quality of maternal healthcare services: to address shortages of blood, skilled medical personnel and supplies, and poor health infrastructure or facilities, ineffective referral systems, and inequitable distribution of equipment and medicines;

  • To retain skilled health professionals by offering them competitive conditions – particularly to go to under-served areas of the country to ensure equitable access to health;

  • To reinforce transparency, information sharing, monitoring, and accountability by committing to regular payroll cleansing; monitoring and investigating shortcomings in the national health systems; responding to allegations of corruption, abuse of patients, non-availability of drugs, systematic malpractice, or other challenges with the support of a facility-level or investigative authority (which must be accessible, independent, well-resourced, and transparent, with a strong mandate, able to recommend remedies to improve delivery of health services.)

  • To make complaint mechanisms available and inform patients about their right to redress;

  • To commit to conducting timely district-level investigations into maternal deaths, to using “UN process indicators” to monitor the availability, utilization and quality of emergency obstetric care, and to improving reporting of deaths, including through civil registration systems;

  • To accurately collect and report data on maternal mortality and morbidity;

  • To engage with doctors, nurses, and other health professionals to ensure their active participation and full, informed, prior consent in reforms around pay, health/safety and working conditions;

  • To address the effect of unsafe abortions on maternal mortality, reducing the incidence of unsafe abortions, including by providing safe abortion services to the fullest extent of the law.


The death penalty

  • To immediately establish a moratorium on executions with a view to abolishing the death penalty as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007, resolution 63/168, adopted on 18 December 2008, and resolution 65/206, adopted on 21 December 2010;

  • To commute without delay all death sentences to terms of imprisonment;

  • To immediately remove all provisions in national law which provide for mandatory death sentences, to restrict the imposition of the death penalty to only the most serious crimes, and to prohibit the imposition of the death penalty on anyone suffering from a mental disability;

  • To ensure rigorous compliance in all death penalty cases with international standards for fair trial, including the rights to be tried before an independent, impartial and competent tribunal, to competent defence counsel at every stage of the proceedings, to adequate time and facilities to prepare one’s defence, to the presumption of innocence until guilt has been proved beyond reasonable doubt, to appeal to a higher court, and to seek pardon and commutation of sentence.


Ratification of international human rights instruments

  • To promptly ratify and implement under national law the Agreement on the Privileges and Immunities of the International Criminal Court, the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at abolition of the death penalty.



Recommendations to the government of Singapore

Death penalty

  • To immediately impose a moratorium on executions, with a view to complete abolition of the death penalty;

  • To make public information about past executions and death sentences handed down by the courts;

  • To review the Penal Code and the Misuse of Drugs Act, with a view to repealing all provisions on mandatory death sentencing and removing all presumption of guilt clauses.


Arbitrary detention

  • To repeal or reform the ISA and the CLTPA to ensure compliance with international human rights law and standards, in particular ending all detentions without charge or trial.


Freedom of expression, association and assembly

  • To abolish the criminal defamation law;

  • To ensure the protection and promotion of the rights to freedom of expression, peaceful assembly and association through legislative reform and policy changes;

  • To ensure, through legislative and other measures, protection of the right to freedom of expression to both citizens and non-citizens in Singapore;

  • To reform the Sedition Act, the Undesirable Publications Act, the Newspaper and Printing Presses Act, the Public Entertainment and Meetings Act, the Miscellaneous Offences (Public Order and Nuisance) Act, the Films Act, the Public Order Act, the Maintenance of Religious Harmony Act, the Trade Unions Act and the Societies Act to ensure that the rights to freedom of expression, peaceful assembly and association are respected and protected in accordance with international law and standards.


Torture and other ill-treatment

  • To immediately put a stop to caning as a form of punishment, and to repeal all laws providing for this punishment.


Cooperation with the UN human rights mechanisms

  • To extend invitations to the UN Special Rapporteur on human rights defenders and the Special Rapporteur on extrajudicial, summary or arbitrary executions and other UN Special Procedures who wish to visit Singapore, and to ensure that their recommendations are seriously considered.


Migrant Worker rights

  • To establish a system with adequate funding to assist migrant workers seeking redress for their unlawful treatment, particularly in disputes with their employers over pay or working conditions;

  • To amend the Employment of Foreign Workers Act to include domestic workers.


Ratification of international human rights instruments

  • To accede to and implement under national law the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay International Covenant on Economic, Social and Cultural Rights and its Optional Protocol, opting-in to its inquiry and inter-state procedures, the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of Solomon Islands


International human rights instruments

  • To promptly ratify and implement under national law the International Covenant on Civil and Political Rights and its Optional Protocols, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court, and the International Convention for the Protection of All Persons from Enforced Disappearance;

  • To report in a timely, open, extensive and thorough fashion, with the assistance of the international community and governments and organizations in the region, on the implementation of its treaty obligations, providing a clear framework for how it aims to ensure that the people of Solomon Islands enjoy the rights and freedoms outlined in these treaties.


National human rights institution

  • To immediately begin work on establishing a National Human Rights Institution (NHRI) with both advisory and investigative functions and in full compliance with the Paris Principles;

  • To appoint a taskforce to oversee the establishment of the NHRI, and in particular to ensure that it has adequate professional expertise in human rights and other relevant fields, as well as representation of women, youth, people living with disabilities and others from marginalised and disadvantaged communities.


Gender discrimination and temporary special measures

  • To promptly implement the National Policy on Gender Equality and Women’s Development and to ensure that there is de-facto equality between women and men in domestic law;

  • To modify or repeal existing laws and regulations that discriminate against women and girls;

  • To ensure that all public servants are aware of the Gender Policy and are adequately trained in how to incorporate its provisions into their work in relation to women and development;

  • To fulfil its obligations under Article 4 of CEDAW and to put in place temporary special measures to ensure that women are represented in national and provincial leadership positions in the country.


Violence against women

  • To enact specific legislation to criminalize all forms of violence against women, including within households, as a matter of urgency;

  • To ensure that the police, prosecution, Public Solicitor’s Office and support services are given adequate resources to combat violence against women through training, awareness raising and implementation of a “no-drop” policy;

  • To ensure that the police independently and impartially investigate, and where substantiated, prosecute all complaints by women of physical and sexual violence;

  • To provide policy directions to the Public Solicitor’s Office to ensure that women and young girls seeking its assistance be given the attention and support they need.


Right to water and sanitation in informal settlements

  • To undertake an immediate survey of the situation with regard to water and sanitation in Honiara and other towns in the country;

  • To take immediate measures to ensure that water of adequate quality and quantity is provided for all the informal settlements, including through the provision of water tanks;

  • To undertake awareness-raising campaigns on the treatment of drinking water and proper sanitation;

  • To set up a task force comprising of government representatives; members of Honiara City Council, specifically those who represent the residents in the settlements; and representatives of the residents in the settlements, including women, youth, elderly and those with disabilities. The task force should be tasked with developing a coordinated approach to ensuring that people have access to clean water and sanitation facilities.



Recommendations to the government of Somalia


Protection of civilians

  • To publicly order its security forces, and all militia and forces affiliated to it, not to commit unlawful attacks, including those targeting civilians, those which do not attempt to distinguish between military targets and civilians or civilian objects, and those which, although aimed at a legitimate military target, have a disproportionate impact on civilians or civilian objects;

  • To seek international assistance to ensure that all TFG security forces, including troop commanders, are rigorously trained with operational rules to carry out their duties in conformity with international human rights and humanitarian law principles and international best practice standards;

  • To establish effective and impartial vetting procedures to ensure that TFG armed forces and police do not include persons under the age of 18.

  • To immediately publish the results of its investigation, announced on 15 June 2010, into allegations of the use of child soldiers by TFG security forces, and ensure that anyone within the TFG forces found responsible for recruiting and using child soldiers is held to account.


Humanitarian aid

  • To allow safe, timely, unconditional and unimpeded access by aid agencies to all internally displaced persons and civilians in need of assistance in areas under its control in Somalia.


Impunity

  • To support the establishment of an independent and impartial Commission of Inquiry, or similar mechanism, to investigate and map violations of international human rights and humanitarian law committed in the conflict of Somalia, as part of its commitment to address justice and reconciliation under the 2008 Djibouti Peace Agreement;

  • To immediately suspend from duty any member of its security forces reasonably suspected of serious violations of international and human rights law, pending independent and effective investigations;

  • To ensure prompt, independent and impartial investigation into all serious violations of international humanitarian and human rights law, including unlawful killings, torture and other ill-treatment and unlawful attacks, and to bring those responsible to justice in fair trials without application of the death penalty.


Humanitarian aid

  • To allow safe, timely, unconditional and unimpeded access by aid agencies to all internally displaced persons and civilians in need of assistance in areas under its control in Somalia.


Attacks against and deliberate killings of civil society actors and journalists

  • To ensure that prompt, effective and impartial investigations are carried out into the killings of all Somali civil society actors and journalists, and to investigate all threats of violence against them;

  • To respect and protect freedom of expression and to end all practices that threaten the right to freedom of expression, including threats against journalists and media outlets by the TFG authorities and armed groups associated with the government.


The death penalty

  • To immediately establish a moratorium on executions with a view to abolishing the death penalty as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007, resolution 63/168, adopted on 18 December 2008, and resolution 65/206, adopted on 21 December 2010;

  • To commute without delay all death sentences to terms of imprisonment;

  • To entrench in the new draft Constitution the abolition of the death penalty;

  • To immediately restrict the imposition of the death penalty to only the most serious crimes;

  • To ensure rigorous compliance in all death penalty cases with international standards for fair trial, including the rights to be tried before an independent, impartial and competent tribunal, to competent defence counsel at every stage of the proceedings, to adequate time and facilities to prepare one’s defence, to the presumption of innocence until guilt has been proved beyond reasonable doubt, to appeal to a higher court, and to seek pardon and commutation of sentence.


Ratification of international human rights instruments

  • To accede to and implement under national law the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict, and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of Sudan


Restrictions on freedom of expression and other human rights violations by the NISS

  • To repeal the 2010 National Security Act and ensure institutional and legislative reform of the NISS, particularly to reduce its powers of arrest and detention, and to establish a judicial oversight mechanism;

  • To remove all immunities provided to members of the NISS and their collaborators under article 52 of the 2010 National Security Act and article 33 of the 1999 National Security Forces Act;

  • To reform the 2009 Press and Publications Act in line with its international human rights obligations and commitments.


Unfair trials

  • To ensure that all detainees are brought promptly before a judge to review the legality and conditions of their detention and have the right to challenge the lawfulness of their detention before a court;

  • To ensure rigorous compliance with international standards of fair trial, including in cases punishable by the death penalty;

  • To ensure the immediate and unconditional release of all prisoners of conscience in Sudan, including Abuzar Al Amin, Ashraf Abdelaziz, and Al Tahir Abu Jawhara.


Discrimination and violence against women

  • To repeal the Public Order Regime and to bring all public order regulations in line with Sudan’s international human rights obligations;

  • To investigate without delay all allegations of sexual harassment and abuse, as well as other human rights violations, by the Public Order Police and to hold the perpetrators to account;

  • To provide reparation, including compensation, to women and men who have been subjected to torture and other ill-treatment under the Public Order Regime;

  • To ratify without limiting reservations the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and to repeal all laws that discriminate against women.


The death penalty

  • To immediately establish a moratorium on executions with a view to abolishing the death penalty, as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007, resolution 63/168, adopted on 18 December 2008, and resolution 65/206, adopted on 21 December 2010;

  • To commute without delay all death sentences to terms of imprisonment;

  • To ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at abolition of the death penalty.


Impunity for human rights violations

  • To ensure that those suspected of being responsible for crimes under international law in Darfur are investigated and prosecuted before independent and impartial courts, without resort to the death penalty;

  • To cooperate with the International Criminal Court and enforce the warrants of arrests issued by the Court again Ali Kushayb, Ahmed Haroun, and President Omar Al Bashir;

  • To continue to implement the recommendations by the Group of Experts, including to ratify without limiting reservations the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

  • To ensure that all allegations of unlawful killings, enforced disappearances, torture and other ill-treatment, as well as other serious human rights violations are promptly and effectively investigated by an independent and impartial authority and their perpetrators prosecuted without delay before ordinary and independent courts in accordance with international standards of fairness and without resort to the death penalty;

  • To ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.


Lack of cooperation with UN human rights mechanisms

  • To continue to cooperate with the Independent Expert on the situation of human rights in Sudan, including on the implementation of the recommendations by the Group of Experts;

  • To accept without delay outstanding mission requests by the Special Procedures, in particular the Working Group on enforced or involuntary disappearances.


Ratification of international human rights instruments

  • To accede to and implement under national law the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court; and to sign, ratify and implement without delay the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the two Optional Protocols to the International Covenant on Civil and Political Rights, and the International Convention for the Protection of All Persons from Enforced Disappearance.



Recommendations to the government of Suriname


Ratification of international human rights instruments

  • To accede to and implement under national law the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, and the International Convention for the Protection of All Persons from Enforced Disappearance.



1 A/HRC/16/52/Add.5, paragraphs 69–72, 79 and 84.

2 CEDAW/C/PNG/CO/3, paragraph 30.

3 CEDAW/C/PNG/CO/3, paragraph 30.

4 CEDAW/C/PNG/CO/3, paragraph 28.

IOR 41/008 /2011 April 2011