2. Views expressed by member and observer States of the
Council on the review outcome
701. No views were expressed by States members or observers of the Council.
3. General comments made by other relevant stakeholders
702. The Latin American Committee for the Defence of Women’s Rights, also on behalf of Action Canada for Population and Development, the Federation for Women and Family Planning and International Women’s Rights Action Watch-Asia Pacific, welcomed Peru’s open attitude to dialogue with civil society during the universal periodic review. It referred to paragraph 8 and recommendation 5 of the Working Group report on the issue of violence against women, stating that there are two obstacles which Peru should address in order to implement this recommendation. First, while the Law on Family Violence contains appropriate measures, the judicial system does not fully provide for the defence of the family in terms of the rights of women who denounce ill-treatment. This should be urgently remedied, through training of justice personnel. Second, there are budgetary and programme weaknesses in institutions of implementing programmes and plans, as mentioned in paragraph 8 of the Working Group report. It also refer to a study undertaken by the Latin American Committee for the Defence of Women’s Rights which states that violence against women is a serious issue in Peru. It concluded that implementing recommendations on this issue represents a duty to ensure that the right to life of women is upheld.
703. The Comisión Jurídica para el Autodesarrollo de los Pueblos Originarios Andinos referred to the first recommendation of the Working Group, which recommends that Peru promote the situation of indigenous peoples, and stated that it must urgently grant constitutional status to the rights to indigenous peoples. For the follow-up effort, it stated that measures should be adopted in accordance with recommendation 15 to counter the adverse effects of the oil, mineral and water extracting industries affecting the full exercise of economic, social and cultural rights of indigenous peoples. It urged that responses be made to communications provided to treaty bodies, in accordance with recommendation 17, to avoid legislative decree 10/15 which should be repealed, because it leaves indigenous peoples without the right to free prior and duly informed consent. Further, Peru should stop uncontrolled pillaging of surface and subterranean water resources in the Tacna Andean region where the Aymara people should preserve pasture land. Lastly, the pending invitations to the Special Rapporteurs on freedom of expression and on extrajudicial, summary and arbitrary executions should be carried out in accordance with the principles of transparency and universality of human rights.
4. Views expressed by the State under review on the
outcome and concluding remarks
704. Peru thanked all those that participated in the session for their constructive comments, noting that Peru will take these into consideration in the follow-up to the review process. With regard to the interventions made at the present on the human rights of women, Peru indicated that the issues raised require due attention and indicated that Peru will do so. Concerning the situation of indigenous peoples, Peru recalled that it had taken a decisive part in the drafting of the United Nations Declaration on the Rights of Indigenous Peoples. With respect to mining activities and national resources extraction, consultations with the communities are held in the context of the development projects and these will continue in the future. Peru and the mining companies are fully aware of the fact that the development of mining and exploitation of natural resources in general must be done in association with the people of the concerned communities. It further noted that socially responsible companies can indeed help the impoverished people of the country.
705. In conclusion, Peru thanked again all those who had participated in the session, the President, the States of the troika for Peru - Cuba, India and Mali - as well as the Secretariat for its work and cooperation. Peru reiterated its commitment to continue to disseminate information about the universal periodic review outcome and process and reinforce the dialogue with relevant national institutions and key human rights actors in the country. Peru hopes, with the support of all, to make a positive follow-up to this review.
Benin
706. The review of Benin was held on 7 May 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by Benin in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/2/BEN/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/2/BEN/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/2/BEN/3).
707. At its 19th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on Benin (see section C below).
708. The outcome of the review on Benin is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/39), together with the views of Benin concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group.
1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments
709. Benin commended the Working Group on the Universal Periodic Review for the constructive dialogue that had taken place during the country’s review on 7 May 2008, a dialogue that had elicited contributions and recommendations from delegations. Benin also wished to commend the members of the troika: Nicaragua, Madagascar and Germany.
710. Since the adoption of the draft report by the Working Group at its 9th meeting, on 9 May 2008, Benin had taken a number of measures relating to its international commitments. From 18 to 26 May 2008, Benin had been visited by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which had enjoyed access to places of detention. Despite some difficulties relating to a lack of information on the part of some of the parties involved, Benin had not stinted in its cooperation and had taken all the necessary steps to facilitate the Subcommittee’s mission.
711. Following its visit, the Subcommittee on Prevention had presented its confidential preliminary conclusions to the State bodies involved in the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
712. Benin had also participated in the regional meeting of directors of penal institutions. During that meeting a cooperation agreement had been signed by the Minister of Justice, Legislation and Human Rights. Benin noted with satisfaction and interest 33 of the 34 recommendations that had been formulated after the review by the Working Group. Benin wished to thank the delegations that had contributed to the interactive dialogue and pledged to undertake all necessary measures to implement the Working Group’s recommendations.
713. As part of its effort to enhance its cooperation with the Council’s special procedures mandate holders, Benin agreed in principle to visits by special rapporteurs, would extend official invitations to them and undertook to reply to communications and urgent appeals.
714. With regard to recommendation 6, concerning the decriminalization of homosexual acts between consenting adults, it was pointed out that during the interactive dialogue the Beninese delegation had stated that that phenomenon was marginal in Benin and that no Beninese court had in fact prosecuted or punished anyone for such acts. Given the current state of Beninese positive law and taking into account certain endemic factors, it would be difficult to contemplate any such decriminalization in the near future.
715. In the context of compliance with international human rights obligations, the representative of Benin said that the right to life was guaranteed by law; the most recent executions had taken place more than 16 years previously. Accordingly, Benin had voted in favour of General Assembly resolution 62/149, on a moratorium on the use of the death penalty, on 18 December 2007. However, the debate on that question would continue in order that de facto abolition might become de jure. Steps would be taken to speed up the establishment of a national mechanism for the prevention of torture. In that connection, Benin willingly agreed to engage in bilateral cooperation with the United Kingdom and other partners for the establishment of the national mechanism.
716. Steps were likewise being taken to bring internal legislation into line with the relevant international norms. At its meeting on 23 April 2008, the Council of Ministers, adopting the recommendations issued by the Committee against Torture at its thirty-ninth session, called upon the Minister of Justice, Legislation and Human Rights to:
(a) Introduce without delay, and in cooperation with the relevant bodies, a bill to incorporate into Benin’s domestic legislation:
-
The definition of torture as contained in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
-
The offences classified as constituting torture and the appropriate penalties for those offences
-
The rules regarding universal competence set out in articles 6 and 8 of the Convention
(b) Propose, with the bodies concerned, urgent measures to be taken to ensure that conditions in the country’s prisons are in conformity with the Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and in particular the material and human resources needed to:
-
Reduce the prison population and the high number of persons held in pretrial detention
-
Take appropriate measures to put an end to the acts of corruption and ransoming that are alleged to occur in prisons
-
Improve the health care and the quality and quantity of food provided to prisoners
717. The Minister of the Economy and Finance had also been requested to provide the Minister of Justice, Legislation and Human Rights with the financial resources needed to ensure that the food and medical treatment provided to detainees was improved.
718. It was true that in its May 2008 report Amnesty International had denounced the deplorable conditions in Benin’s detention facilities. Implementation of the aforementioned corrective measures would demonstrate Benin’s good faith and its determination to honour the international commitments it had voluntarily undertaken. Nevertheless there were challenges to be met, which was why Benin planned to intensify its efforts to combat poverty and traditional practices that adversely affected women and children and to guarantee the right to education for all.
719. The Beninese Constitution guaranteed and protected the rights of persons with disabilities. Benin therefore welcomed the entry into force of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, and was prepared to take the necessary steps for the ratification of those two international instruments. Benin looked forward with interest to any cooperation for the implementation of the Working Group’s recommendations.
Share with your friends: |
