4. Views expressed on the outcome by the State
under review and concluding remarks
815. In closing, Pakistan thanked member States for their kind words and for having congratulated Pakistan on its strong commitment to human rights and democracy. It particularly thanked Algeria for its statement that Pakistan should be given support by the international community to combat terrorism.
816. In response to Canada’s intervention, Pakistan stated that Canada did not meet the deadline for the submission of changes to the report of the Working Group, and that there was an omission in the report, which happens from time to time, and which can usually be resolved through dialogue. On the issue of consensual sex out of wedlock, Pakistan stated that it cannot be legalized in Pakistan. Pakistan’s law stem from its norms, and it was of the view that this is not a universal human right or recognized as such. Further, Pakistan is trying to reform the national law on defamation, and there is some tendency towards abuse of the law which must be corrected. Some members of civil society have been demanding abolition, but at the end of the day, the Government aggregates views of all members of society and takes a decision. In this regard, Pakistan recalled Council resolution 7/36, in which the Council requests the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to report on instances in which the abuse of the right of freedom of expression constitutes an act of racial or religious discrimination. This is part of international law, and ought to be respected.
817. Pakistan took note of the constructive proposals made by some of the non-governmental organizations that took the floor, and will transmit their input to Pakistan. However, it stated that some of the speeches were outdated and written without looking at Pakistan’s statement which was just read out or at the one made on 8 May 2008. In some statements, there was poor homework which did not monitor developments since March 2008. Regarding the intervention of the International Federation of Human Rights Leagues, Pakistan stated that it rejected some of the recommendations, and did so in accordance with the procedure agreed on within the Council. Pakistan recalled that a review of the issue of the use of capital punishment has been mandated by the new Government. It stressed that simple accusations do not resolve issues, rather, a dialogue is needed. Pakistan informed that it has started the reform of Zina law, and as already mentioned, is looking into flaws within registration procedures; rape victims are of special concern to Pakistan, which is trying to provide redress to them.
818. In reference to India’s intervention, Pakistan rejected that Azad Jammu and Kashmir was part of Indian territory. The whole state of Jammu and Kashmir was a disputed territory, including the Indian Occupied Kashmir, in accordance with the relevant Security Council resolutions, awaiting a final settlement.
819. Lastly, Pakistan thanked the President of the Council, the Secretariat and civil society. It stressed that all points raised will be faithfully transmitted to Islamabad, and that it appreciated independent and impartial criticism so it can help it gain traction to correct its course, if it is headed in the wrong direction.
Zambia
820. The review of Zambia was held on 9 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 Zambia in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/2/ZMB/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/2/ZMB/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/2/ZMB/3).
821. At its 20th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on Zambia (see section C below).
822. The outcome of the review on Zambia is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/43), together with the views of Zambia 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 (see also A/HRC/8/43/Add.1).
1. Views of the State under review concerning recommendations
and/or conclusions, as well as its voluntary commitments
823. Zambia welcomed the universal periodic review mechanism and the active participation of States that characterized its review. The Council was invited to note that while Zambia faces a number of wide-ranging challenges in promoting and protecting all human rights within its territory, it has undergone positive changes in the area of human rights.
824. This can be seen from the consultative process that was undertaken in the preparation of the national report for the universal periodic review; the plans Zambia put in place in the Fifth National Development Plan relating to human rights; the importance it places on reporting to both regional and international treaty bodies to which it is a party; and the voluntary commitment made by Zambia to extend a standing invitation to special mandate holders on human rights, to mention but a few.
825. Under paragraph 59 of the report of the Working Group (A/HRC/8/39), Zambia undertook to examine 11 recommendations and to provide its responses thereon at the present session of the Council. These responses are contained in document A/HRC/8/39/Add.1.
826. With regard to the recommendation to ratify the Convention on the Rights of Persons with Disabilities, Zambia was pleased to report that it has signed the Convention in May 2008.
827. In conclusion, Zambia reiterated its commitment to the promotion and protection of all human rights and fundamental freedoms. It is in this regard that Zambia pledges its continued commitment to improving the situation of human rights within its territory and welcomes the opportunity to contribute to the work of the Council.
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