673. Amnesty International welcomed recommendations made on the use of the death penalty, including the establishment of a moratorium on executions and the removal of the death penalty from domestic law. It however regretted that, Ghana was not able to support the recommendation on this issue. Amnesty International welcomed that no executions had been carried out for the past 15 years, but remained concerned that death sentences continued to be handed down, Ghana was encouraged to complete the reform of the judicial system and to urgently address the issue of prison conditions, including the problem of acute overcrowding. Further, Amnesty International was concerned at reports suggesting that the police fail to bring suspects before a judge within 48 hours of arrest, as guaranteed in Ghana’s Constitution. Amnesty International encouraged the Government to ensure that anyone held was charged with a recognizable criminal offence or released; and that the cases of those awaiting trial were regularly reviewed to ensure their right to a fair trial.
674. The Centre on Housing Rights and Evictions welcomed Ghana’s support of recommendation 23 in the report of the Working Group to include a gender perspective and a rights-based approach into issues related to the right to adequate housing. It noted that Ghana’s poor struggled with issues of sanitation, infrastructure, natural disasters and floods. It was also concerned about the current rent act. It commended Ghana’s Ministry of Water Resources, Works and Housing on having initiated a consultative process to enable stakeholder inputs into a national shelter policy. It also congratulated several Governments for commenting on the rights of women in Ghana. It was concerned that outside the area of inheritance few questions were raised about women’s housing, land and property rights. Although Ghana had ratified a number of international treaties, it noted that Ghana had yet to ratify the Protocol to the African Charter on Human and Peoples’ Rights related to women rights in Africa.
675. The Food First Information and Action Network thanked the delegation of Ghana for its openness during the universal periodic review process, but noted that a statement made by the Minister of Justice and Attorney-General had not been truly reflected in the report. According to it, the Minister had said that it was true that at a certain point, joint military and police teams had been protecting mining companies driving away illegal miners, but that it had been a short-term measure. This had been the first time that the Government had announced the discontinuation of military support for mining companies. This announcement had demonstrated that the review process could be a valuable instrument. The announcements made by Ghana were laudable, but only if they are implemented and it was convinced that the Council could play a role in this regard.
4. Views expressed by the State under review on the
outcome and concluding remarks
676. In his closing remarks, the Permanent Representative stated that Ghana was thankful to all Member States and the stakeholders who had participated in the review exercise for their very important and constructive contributions, offered by way of comments, observations, criticisms or recommendations. The review had been enriched by those contributions and Ghana was grateful. He conveyed the sincere appreciation of Ghana to the troika members - Sri Lanka, Bolivia and the Netherlands - for their understanding, commitment and cooperation, which were vital to achieving the balanced report that they had before them. In a similar vein, he thanked the Secretariat for its extremely helpful role in facilitating the compilation of the report. The delegation of Ghana further wished to reiterate the importance that Ghana attached to the promotion and protection of human rights and to the universal periodic review process, which sought to improve the human rights situation on the ground. Ghana would continue to discharge its responsibilities by ensuring that all its citizens enjoyed the full compliments of a safe and sound society in which the respect for human rights was pre-eminent.
Guatemala
677. The review of Guatemala was held on 6 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 Guatemala in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/2/GTM/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/2/GTM/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/2/GTM/3).
678. At its 18th meeting, on 11 June 2008, the Council considered and adopted the outcome of the review on Guatemala (see section C below).
679. The outcome of the review on Guatemala is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/38), together with the views of Guatemala 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
680. The Ambassador and Permanent Representative of Guatemala to the United Nations and other International Organizations in Geneva indicated that it was an honour to receive on behalf of the Government of Guatemala the report of the Working Group on the Universal Periodic Review. Guatemala welcomed the various recommendations resulting from the review that took place on 6 May 2008. Guatemala fully concurs with the concerns on specific issues reflected in the recommendations. It reiterated the political will of the current Government of Guatemala and the importance and priority that it attaches to the promotion and protection of human rights.
681. Guatemala highlighted the considerable challenge it will be facing to implement in practice the recommendations on various issues, noting that it will need to strengthen its actions in the following areas:
(a) Ratification of international instruments;
(b) Improvement of the constitutional and legislative framework;
(c) Establishment or strengthening of institutional and human rights infrastructure;
(d) Increasing the already solid cooperation with human rights mechanisms;
(e) Adoption of additional measures to combat discrimination and to obtain equality for indigenous peoples;
(f) Ensuring the right to life, liberty and security;
(g) Strengthening the administration of justice and the rule of law;
(h) Guaranteeing the freedom of expression, opinion and participation in political life of the country;
(i) Ensuring effective enjoyment of economic, social and cultural rights.
682. A number of measures were already being taken for adequate follow-up to the recommendations and encouragement of actions with a view to their implementation. One of those measures has been the convening of government and State institutions that integrate the High Level Human Rights Commission, which is coordinated by the Ministry for Foreign Affairs, with a view to disseminating the recommendations and jointly defining a strategy for follow-up and implementation.
683. Guatemala highlighted the need to link the universal periodic review recommendations to those made on the same issues by treaty monitoring bodies and a number of thematic rapporteurs and working groups that have visited the country. Guatemala stated that it will have a comprehensive national plan of action to follow-up on the recommendations made by various human rights monitoring bodies of the United Nations, including the specific recommendations made by OHCHR in Guatemala. It further indicated that the responsibility for the follow-up will be exercised by the Presidential Human Rights Commission (COPREDEH), with the support of the High Level Commission and other relevant government institutions. With the support of OHCHR in Guatemala, COPREDEH was currently defining a methodology to be discussed with relevant institutions. Once an agreement in that regard had been reached, it will proceed with its implementation.
684. Actions are already being undertaken in many of the areas highlighted in the recommendations and Guatemala will thus seek to reinforce its efforts, including through additional actions to ensure more effective results. Furthermore, some good practices were identified in the interactive dialogue. Guatemala indicated that it hopes it will be able to share additional good practices in the next universal periodic review dialogue.
685. Guatemala appealed to States that have gone through the review process to, in the near future, exchange good practices with respect to national mechanisms being set up to monitor and implement the universal periodic review recommendations, in particular countries of the region. Guatemala reiterated its request to OHCHR, in particular its Office in Guatemala, to accompany and support its national efforts in the process. It also appealed to the friendly countries to continue their cooperation, support and technical assistance, so as to comply with the recommendations.
686. Guatemala thanked the member countries of the troika, the Working Group and the Secretariat for their support, as well as the States that participated in the interactive dialogue, noting that their participation reflected their concern and solidarity with the people of Guatemala.
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