HUMAN RIGHTS COUNCIL ADOPTS OUTCOMES OF UNIVERSAL PERIODIC REVIEW OF FIJI, SAN MARINO AND EL SALVADOR
10 June 2010
States News Service
English
(c) 2010 States News Service
The following information was released by the United Nations Office at Geneva (UNOG):
The Human Rights Council this morning adopted the outcomes of the Universal Periodic Review of Fiji, San Marino and El Salvador.
Peceli Vocea, Permanent Representative of Fiji to the European Union, said of the 103 recommendations, the Government had accepted 97, while 6 were either unacceptable or impractical. The Government continued to believe that during the Universal Periodic Review, the sovereignty of a State under review would be respected, that the culture and idiosyncrasies of the people of the State would be respected, and that the stage of socio-economic and political development and constraints under review would be recognized and understood. It was from this perspective that the Fijian Government felt that progress in all fields of human rights could be achieved, and achieved effectively. Effectively addressing Fiji's social human rights issues would go a long way towards creating a lasting, stable and healthy democratic environment.
In the discussion on Fiji, speakers said that the recommendations submitted to Fiji in the framework of the Universal Periodic Review should serve as a ground for new sustained initiatives aimed at improving the enjoyment of human rights by the Fijian population. Fiji was today facing myriad challenges, and speakers were aware of the implications of these challenges for the full enjoyment of human rights. Further, speakers encouraged continued efforts towards protecting the rights of women, developing a comprehensive approach to combating trafficking in persons, and recommended that Fiji put an immediate end to the censorship of the media and allow freedom of expression without fear of arrest or punishment.
Speaking in the general debate on the Universal Periodic Review of Fiji were United States, United Kingdom, Algeria, Morocco and Canada. Also taking the floor were the following non-governmental organizations (NGOs): Amnesty International, Women's International League for Peace and Freedom, and World Association for the School as an Instrument of Peace.
Universal Periodic Review of Fiji
PECELI VOCEA, Permanent Representative of Fiji to the European Union, said in February the delegation of Fiji said it needed to hold consultations with all stakeholders in Fiji before informing the Council of the reaction to the 103 recommendations. A national consultation was held to ascertain the views of non-governmental organizations (NGOs) and civil society in order to determine how these could be implemented. Armed with the views and suggestions, a further consultation was convened with all the relevant Government Ministries and agencies which would be responsible for implementing the recommendations. Being mindful of the gravity and seriousness of the recommendations offered by fellow Member States, appreciative of the support promised by NGOs and civil society back home and cognisant of the advice rendered by relevant Government stakeholders who would ultimately carry out and implement the obligations, of the 103 recommendations, the Government had accepted 97, while 6 were either unacceptable or impractical.
As for general observations and remarks, the Government supported from its inception the establishment of the Human Rights Council. It saw then the usefulness of the processes it promised to adopt, which included, inter alia, providing an opportunity for all States to declare what actions they had taken to improve the human rights situations in their countries, identifying and addressing the challenges to the enjoyment of human rights, and sharing information and good practices on how to overcome violations wherever they occurred. The Government continued to believe that from such an approach and perspective, the sovereignty of a State under review would be respected, that the culture and idiosyncrasies of the people of the State would be respected, and that the stage of socio-economic and political development and constraints under review would be recognized and understood. It was from this perspective that the Fiji Government felt that progress in all fields of human rights could be achieved, and achieved effectively. Effectively addressing its social human rights issues would go a long way towards creating a lasting, stable and healthy democratic environment.
JOHN C. MARIZ (United States) said the United States urged Fiji to accept their recommendation to ensure that human rights were explicitly protected in domestic law. The United States looked forward to learning what progress Fiji had made to ensure the full implementation of these recommendations, with specific regard to the recommendation to take immediate steps toward holding democratic elections and returning Fiji to democratic governance. The United States encouraged continued efforts towards protecting rights of women, and developing a comprehensive approach to combating trafficking in persons, and recommended that Fiji put an immediate end to the censorship of the media and allow freedom of expression without fear of arrest or punishment. The United States welcomed Fiji's decision to examine the recommendation to repeal the Public Emergency Regulations in force since April 2010. The United States encouraged Fiji to accept the recommendation to create an environment more conducive to a stronger civil society and to fully guarantee human rights and fundamental freedoms of human rights defenders.
PHILIP TISSOT (United Kingdom) said the United Kingdom appreciated Fiji's continued participation in the Universal Periodic Review process and thanked the delegation for having clarified Fiji's position with regards to the majority of recommendations. The United Kingdom welcomed that some stakeholders had been consulted in preparing the report and hoped to see a broad engagement with civil society in the follow-up to the review. The United Kingdom was pleased that Fiji had accepted many recommendations, including the recommendations of the United Kingdom that the interim Government take measures for early and free elections and that the Administration should allow visits by Special Rapporteurs as requested. However, the United Kingdom reiterated its recommendation that the national human rights institution should be allowed to investigate in accordance with the Paris Principles.
BOUALEM CHEBIHI (Algeria) said Algeria and Fiji agreed recently to establish diplomatic relations at Ambassadorial level, and this would strengthen the relations of friendship and cooperation between the two countries, and enhance the coordination of their diplomatic action in international fora, including those based in Geneva. Algeria commended Fiji's participation in the Universal Periodic Review, which illustrated the country's willingness to cooperate with the Council and the international community. Fiji was today facing a myriad of challenges, and Algeria was aware of the implications of these challenges for the full enjoyment of human rights. Algeria reiterated the importance of the reinstatement of the rule of law in Fiji for the protection and promotion of human rights in the country. Enhanced efforts aimed at tackling poverty would be needed too for ensuring better living conditions for the population. Algeria hoped that the recommendations submitted to Fiji in the framework of the Universal Periodic Review would serve as a ground for new sustained initiatives aimed at improving the enjoyment of human rights by the Fijian population.
MOHAMED ACHGALOU (Morocco) said that the presentation delivered by the delegation of Fiji today showed the serious commitment of the authorities to implement the recommendations arising from its Universal Periodic Review process. The objectives of the Universal Periodic Review included the issues of cooperating for the promotion and protection of human rights, strengthening the capacity of the State and providing technical assistance. Those objectives must be fully taken into account and the international community, rather than just criticize, must provide assistance to Fijians and must collaborate with them in order to implement the necessary reforms. Morocco reiterated the appeal to the international community to demonstrate understanding the circumstances of this country, and supporting the road map towards the national elections 2014. The efforts of the international community and the people of Fiji would make it possible to address the root causes of the troubles that the country had experienced and to improve human rights. Morocco saluted the will and commitment of Fiji towards including all sectors of the society in the restoration of democracy and in the process of national reconciliation.
JOHN VON KAUFMANN (Canada) said Canada appreciated Fiji's forthright engagement in the Universal Periodic Review process but remained deeply concerned about the situation in Fiji since the overthrowing of the democratically elected Government in 2006. Canada deplored the 2009 abrogation of the Constitution and was of the view that subsequent decisions by the interim Government to dismiss the judiciary and rule by presidential decree lacked legitimacy. Therefore, Canada welcomed that the interim Government intended to shortly commence an inclusive national dialogue process aimed at achieving a return to democracy and constitutional rule. Canada remained very concerned at the continued extension of the public emergency regulation, which negatively impacted on the rights of Fijians to freedom of expression and democratic dialogue. It had similar concerns with respect to the plans of the interim Government to introduce a media decree which may also restrict the independence of the media.
MARIANNE LILLIEBJERG, of Amnesty International, said Amnesty International considered that since the Universal Periodic Review of Fiji, the human rights situation in the country had not improved. In April 2010, the Government announced its intention to promulgate a decree to regulate the media, providing for a media tribunal with powers to imprison journalists and editors or impose hefty fines if they published or broadcast anything deemed against the national interest. This ran counter to many recommendations made during the review to end censorship of the media. The Government should enforce the Domestic Violence Decree of 2009, as violence against women remained a concern. Discrimination against members of the Methodist Church of Fiji continued, and the Government should restore a legal framework to guarantee the right to freedom of religion and the protection of all religious groups and minorities. Amnesty International was also concerned about harassment and intimidation of human rights defenders, and there should be independent investigations into these.
CLARA THOMPSON, of Women's International League for Peace and Freedom, reiterated the recognition of the need to return to democracy and constitutional rule, the end of media censorship and the end to intimidation and persecution of critics of the interim government. The people of Fiji had paid a high social, human and economic price of successive military coups, evident in abuse and death of civilians, increasing inflation and the lack of private investments due to political instability. Women's International League for Peace and Freedom noted the efforts towards reducing violence against women under the domestic violence law. The Women's International League for Peace and Freedom was extremely concerned at Fiji's failure to respond towards repeated calls for the end of human rights violations, and promises of election. There was lack of confidence that the 2014 national elections would take place. The Women's International League for Peace and Freedom called on governments to maintain their targeted sanctions against Fiji, and the individuals who were architects of human rights abuses. The Women's International League for Peace and Freedom called on Fiji to remove the Public Emergency Regulation and to restore the Bill of Rights.
JOSHUA COOPER, of World Association for the School as an Instrument of Peace, welcomed Fiji's participation in the Universal Periodic Review process. Nevertheless, work remained to be done regarding Fiji's accession to international human rights treaties and the World Association for the School as an Instrument of Peace looked forward to hearing about a timetable for the ratification of such treaties. Fiji should also issue an invitation to Special Rapporteurs to investigate the situation in that country. The World Association for the School as an Instrument of Peace further echoed concerns expressed by States regarding the Public Emergency Regulation, agreed with States that the judiciary must not be interfered with and that the media decree must be immediately discontinued, and it underscored that human rights education must be part of school curricula.
PECELI VOCEA, Permanent Representative of Fiji to the European Union, in concluding remarks, said Fiji found it difficult to accept the second part of recommendation 17, which related to the abrogation of the 1997 Constitution. The media decree that would be promulgated in the future aimed to encourage responsible journalism. The Government was firm on the date of elections - in 2014, and in relation to the comments or views raised by the Women's International League for Peace and Freedom, Fiji could not comment on this particular issue.
The Council then adopted the Outcome Document of the Universal Periodic Review process on Fiji.
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