2. Views expressed by member and observer States of
the Council on the review outcome
741. Belgium appreciated the response of Switzerland to questions concerning its immigration policy, stated that it was familiar with it and therefore understood that adjusting this legislation could not be done in a precipitous manner. Belgium particularly welcomed the declaration on the direct applicability of international human rights instruments, and that migrants could demand redress before the courts on the basis of those instruments. Belgium noted the reply regarding taking into account human rights prior to organizing popular initiatives, and was pleased to note that accepted popular initiatives needed to be in line with Switzerland’s international commitments. Belgium welcomed the continuity of its dialogue with the Council and the civil society and the clarity and rigour of Switzerland’s replies.
742. Qatar congratulated Switzerland for its commitments to the enjoyment of human rights. Switzerland cooperates with all mechanisms for the promotion of human rights, as evidenced by the role played by Switzerland in the debates which led to creation of the Council. Switzerland replied favourably to a number of recommendations and as a result of this dialogue, Switzerland took the decision to accede to the Optional Protocol to the Convention against Torture, which will allow bringing to justice people who have been responsible for such kind of crimes. Qatar commended Switzerland on its commitment to combat racial discrimination and the ratification of the Convention on the Rights of Persons with Disabilities. Further, Qatar expressed its satisfaction with regard to the harmonization of domestic legislation with international human rights law at the local level undertaken by the Swiss Federal authorities. Lastly, the representative of Qatar commended Switzerland on its initiative to establish a human rights institution in line with the Paris Principles and on accepting some recommendations, specifically those related to article 2 of the International Covenant on Civil and Political Rights.
743. Azerbaijan noted that Switzerland had achieved remarkable success in promoting and protecting human rights and in creating a society that meets the needs of all its citizens. This is why development in this country is a model of success. It appreciated the efforts to ensure fundamental freedoms and the accomplishments in this field, as well as the policy led in promoting respect for international humanitarian law. Azerbaijan encouraged Switzerland to take effective measures to improve the situation regarding migration and asylum. Azerbaijan noted with satisfaction that Switzerland would consider ratifying the International Convention for the
Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities. Finally, Azerbaijan hoped that Switzerland would consider creating a national human rights institution in line with the Paris Principles.
744. The United Kingdom of Great Britain and Northern Ireland congratulated Switzerland on its constructive and considered approach to the universal periodic review process, which proved that the review offers each and every country the opportunity for an honest, detailed and self-critical assessment of its own human rights record. The United Kingdom commended Switzerland on its frank assessment of progress achieved to date and of areas where it will seek to make further progress. It thanked the delegation of Switzerland for the detailed responses provided to the recommendations made during the review and noted with satisfaction that Switzerland has accepted the recommendation to consider creating a human rights institution in line with the Paris Principles. It recognized the importance that Switzerland had attached to civil society involvement in the review process and encouraged it to continue its efforts in the follow up to the review.
745. The representative of Indian Movement “Tupaj Amaru”, in a joint statement with the World Peace Council, was extremely concerned that Switzerland’s attitude to housing and land rights will have a negative effect on the respect for this right worldwide and noted with regret that it had chosen not to approve the widely supported recommendation that it recognize the justiciability of economic, social and cultural rights. It noted that in 2007, 80 children and adults were evicted from buildings known as “Rhino” without warning, court order or measures to ensure respect for basic human rights, and without alternative housing being provided, an eviction qualified by the Special Rapporteur on adequate housing as a violation of housing rights. It stated that the federal structure of Switzerland could not be used as an excuse to avoid respecting its human rights obligations, and noted that another community, the “Tulipiers”, is at present being threatened with such an eviction. It welcomed Switzerland’s support to non governmental organizations to deliver general statements in the universal periodic review procedure, but noted that communication with civil society, and in particular with victims of human rights violations, should not be limited to 20 minutes every four years.
746. Amnesty International presented a joint statement speaking on behalf of a coalition of 32 non-governmental organizations. It thanked the Swiss delegation for organizing an open consultation and was pleased with the fact that Switzerland has accepted 20 out of 31 recommendations and took on voluntary commitments on two of them. Switzerland’s consistent implementation of recommendations by treaty bodies could be progressively resolved through the establishment of the human rights institution. It expressed concern regarding Switzerland’s refusal of some essential recommendations, in particular the one related to social and economic rights. As Switzerland noted that legislative authorities should consider human rights as the guideline for their activities, it stressed that the human rights contained in the Universal Declaration of Human Rights are not guidelines, and such position may lead to a differentiated approach to the rights guaranteed by the Declaration. It deplored the fact that Switzerland is not ready to discuss the possibility of signing the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and noted that
the refusal to envisage introducing federal legislation against discrimination is a missed opportunity to set up a central system to prevent discrimination based on racial or religious reasons or persistent discrimination against women or sexual discrimination.
747. The Centre on Housing Rights and Evictions was particularly concerned at the views on economic, social and cultural rights expressed by the Government, which is clearly incompatible with Switzerland’s obligation under the International Covenant on Economic, Social and Cultural Rights. It noted that Switzerland had failed to implement effective remedies for most of the economic, social and cultural rights. It noted that no due remedy had been provided to the victims of the 2007 forced evictions from the Rhino Collective, nor in the matter of the forced closure of the Rhino association and the arbitrary seizure of its assets. It was also concerned at the threats levelled by the public prosecutor against persons residing at the “Tulipiers” residence in Geneva and urged the Swiss authorities to adhere to due process requirements in that case, noting that forced evictions do not affect only squatters. Regarding Switzerland’s rejection of recommendation 18 on discrimination on grounds of sexual orientation, on the basis that homosexuals do not have the right to adopt, it highlighted that since a recent judgement of the European Court of Human Rights, discrimination on grounds of sexual orientation was now explicitly impermissible in Council of Europe States.
748. Prison Fellowship International commended Switzerland, and specifically the Swiss Development Aid agency on its work in the area of defending and promoting the human rights of a variable group of population, particularly, ten million people in various forms of detention or imprisonment. Specifically, on the practical level, Switzerland is bridging the gap between the enlightened discussions in Geneva and the reality on the ground in the prisons of the world. Over the last eight year, in cooperation with Prison Fellowship International, Switzerland delivered for the needs of prisoners in over 30 countries in Eastern Europe, Central Asia and Africa. Switzerland provided various assistance programmes to prisons including training programmes on human rights and financed other projects together with other donors from the United States of America, Canada, the United Kingdom and the Netherlands. It praised the spirit of openness and sincerity demonstrated by the Swiss delegation during the interactive dialogue, and hoped that Switzerland will continue its development assistance in defence of human rights in the spirit of global solidarity.
749. Canadian HIV/AIDS Legal Network welcomed Switzerland’s acceptance to create a national institution in accordance with the Paris Principles, which will greatly assist in carrying forward its commitment to non-discrimination. It was concerned about Switzerland’s refusal of recommendation 18 regarding a Federal anti-discrimination law, including on grounds of gender identity and sexual orientation. It noted that the reasons put forward, namely that Switzerland is reluctant to single out a particular ground such as gender identity and sexual orientation, was unconvincing and it highlighted a number of recommendations where Switzerland had accepted that particular needs be addressed separately. Moreover the recommendation did not state that sexual orientation and gender identity should be the sole grounds covered, solely that these grounds be included. Canadian HIV/AIDS Legal Network encouraged Switzerland to reflect on its response to the recommendation and to put in place such a law which would be inclusive of all grounds.
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