1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments
638. Gabon had ratified the Rome Statute of the International Criminal Court on 20 September 2000 and had signed the International Convention for the Protection of All Persons from Enforced Disappearance in 2007. The Convention was under consideration in Parliament with a view to its forthcoming ratification. In the same spirit, the Government had decided in the wake of the recommendations made by the Working Group on the Universal Periodic Review to speed up the ratification of a number of instruments, including the Optional Protocols to the International Covenant on Civil and Political Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. A bill abolishing the death penalty had been submitted to Parliament for adoption in the near future.
639. With regard to the protection of minors, a number of criminal justice reforms were under way and a bill on the punishment of sexual violence had been adopted by the Inter-Ministerial Council and the State Council. The bill took into account the special situation of child victims of sexual violence and provided for a stiffening of existing penalties, particularly for rape.
640. A bill establishing a juvenile court system, which had been prepared with the assistance of the United Nations Children’s Fund (UNICEF), had been submitted to Parliament, while a draft decree establishing educational facilities in prisons would soon be submitted to the Inter Ministerial Council and the State Council. Once that text had been adopted the Government would launch an appeal for funding for juvenile detention and rehabilitation centres. Minors were currently detained in areas known as “juvenile quarters”.
641. Pursuant to article 177 of the Labour Code, Gabon had adopted Decree No. 0031/PR/MTEFP, on child labour, and Act No. 09/2004, on the prevention and combating of trafficking in children, with a view to ensuring the consistency of national legislation with the principles set out in the Convention on the Rights of the Child.
642. In the area of women’s rights, the following activities had been undertaken: an Observatory for Women’s Rights and Equality had been established; day-care centres had been created to provide assistance to working child-mothers; a special prize for the promotion of women’s socio-economic activities had been established; and the State had been encouraged to develop a structure for the coordination of women’s organizations. Women had the same rights as men in Gabon. A Ministry of Women’s Affairs, which had subsequently become the Ministry for the Advancement of Women, had been created to deal with all questions relating specifically to women.
643. The highest authorities in the country had taken a number of initiatives aimed at making the Gabonese press free and diverse. One such initiative was the establishment, by means of Act No. 14/91 of 24 March 1992, of the National Communications Council, a regulatory body governing the broadcast media and the press in Gabon. A press code had also been prepared with the involvement of media professionals, including journalists’ unions.
644. Freedom of the press was thus guaranteed by law. While the press was governed by a simple registration system, the broadcast media were subject to licensing, as Gabon was a young multi-ethnic State with underpinnings that were still somewhat fragile. Given the media’s impact on the population, it was sometimes necessary to ensure that that balance, which was a work in progress, was not disrupted.
645. With regard to the Pygmy population, the Gabonese delegation drew attention to all the measures that had been described during the review by the Working Group. With the support of the international community, the Government had formulated a plan of action aimed at protecting that population and protecting its rights more effectively. In addition, an integrated development project for Pygmies had been set up in collaboration with UNICEF.
646. Civil society was becoming organized with support from the State, pursuant to Act No. 35/62 of 1962, governing associations. Laws and regulations guaranteed the exercise of trade union freedom. Thus the right to strike was recognized, provided that the regulations in force were observed. To date no trade union member had been detained on account of his or her union views.
647. In order to meet the requirements of the treaty bodies, Gabon had created, by means of Decree No. 000102/PR/MDHCCLEI of 15 January 2007, a National Committee for the Drafting of Human Rights Reports. When the Committee had been established, the various constituent administrations had been informed of the deadlines and timetables for the submission of the various reports. With regard to the request of the Special Rapporteur on the right to education to visit Gabon, the delegation invited the Special Rapporteur to resubmit his request through the Permanent Mission of Gabon to the United Nations Office at Geneva.
2. Views expressed by member and observer States of
the Council on the review outcome
648. Algeria congratulated Gabon on its cooperation and commitment to the promotion and protection of human rights despite the challenges due to the development needs in Gabon. Algeria appreciated the spirit of dialogue and cooperation with which Gabon has undertaken the exercise and its desire to meet its commitments in the sphere to human rights. Algeria noted the success of the new mechanism of the Council based on cooperation and interaction, thus allowing States to improve the situation of human rights in harmonization with their national priorities. It welcomed the decision of the Government to endeavour to increase school attendance and equal access for boys and girls to education. It noted Gabon’s commitment to pursuing its effort in the area of economic, social and cultural rights. Algeria also welcomed the establishment of a body to reduce the time for ratification of treaties. It noted that Gabon requires technical and financial assistance to implement its commitments and renewed its call to the international community to provide such assistance. Algeria referred to the issue of the follow-up by OHCHR in the sphere of technical and financial assistance to the implementation of the recommendations, which applies to Gabon and other countries and requested further information on the measures being taken to implement this.
649. Morocco congratulated Gabon on its exhaustive presentation and noted Gabon’s active role for peace in the region and its policies of constructing the rule of law within their country. It noted the establishment of drafting committees on treaty bodies, standard-setting institution building activities to increase awareness of human rights, the development of a plan to combat exploitation of children, the establishment of an observatory on women and gender parity and the designation of women ministers for one third of the portfolios. It also noted as evidence of Gabon’s commitment the translation into the national languages of the human rights treaties and the posting of their contents in police stations, and the training of police and prison staff in human rights. Morocco also noted Gabon’s recognition of its shortcomings in its human and institutional resources, which hamper efforts to promote all human rights. Morocco expressed trust that OHCHR and Gabon’s development partners would hear this appeal to strengthen its capacity in the field of human rights.
650. China noted Gabon’s active preparation for the national report and its honest and constructive approach during the interactive dialogue. It also noted that Gabon introduced during the review its achievements in promoting and protecting human rights such as ratifying international human rights conventions, establishing human rights commissions and formulating programmes of action on poverty reduction and on the protection of women’s and children’s rights. It noted that Gabon also referred to gaps and challenges such as a high poverty rate and the foreign debt pressure. It noted Gabon’s determination to promote and protect human rights and indicated that Gabon will continue to make positive efforts in the field of human rights.
651. Egypt congratulated Gabon on the constructive and positive way in which it participated in the universal periodic review. It noted with appreciation the progress made by Gabon in the promotion and protection of human rights and for the promotion of democratic practices in the country. It appreciated that Gabon requires further time to implement the recommendations made by the Working Group and noted that further analysis may be carried out in the future. Egypt thanked Gabon for the presentation made and was convinced that the relevant authorities in Gabon will spare no efforts to put into practice the recommendations made and to further the promotion and protection of human rights in the country.
652. Djibouti noted the progress achieved for the promotion and protection of human rights in Gabon and expressed its support to future activities to be carried out in the implementation of the recommendations addressed to Gabon. It recalled the quality of the national report and presentation during the review. Djibouti congratulated Gabon for its spirit of openness, frankness and seriousness which characterized the answers it provided by Gabon to questions raised during the interactive dialogue. Djibouti was convinced that this same spirit of seriousness would prevail in the implementation of the recommendations.
653. Nigeria commended Gabon on the presentation and the extensive preparation of reports and noted the recommendations which Gabon indicated it will implement fully. Nigeria noted the challenges Gabon faces and that it has undertaken a number of actions to implement the recommendations referred to, including on education, which is quite comprehensive, gender mainstreaming and women’s rights. It also noted that these challenges will require international support in order to implement fully the recommendations made by the Working Group.
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