The analysis in this section reflects information collected from the following sources:
• National reports submitted during the first four sessions of the 2nd cycle of the UPR;
• Summaries of stakeholder submissions; and
• Compilations of United Nations information.
TABLE 20:
Regional analysis of recommendations reported on by States
Africa (16 countries)
Asia-Pacific (14 countries)
Eastern Europe (7 countries)
Latin America and the Caribbean (9 countries)
Western Europe and Others
(10 countries) Total Number of
recommendations
received 295 194 94 94 114 791
Number of recommendations accepted
190 144 74 64 76 548
Number of recommendations reported on
175 144 71 53 71 514
Proportion of recommendations accepted that were reported on
92% 100% 96% 83% 93% 94%
Proportions of recommendations received that were reported on
59% 74% 76% 56% 62% 65%
TABLE 20
36 LESSONS FROM THE FIRST CYCLE OF THE UNIVERSAL PERIODIC REVIEW
Implementation of recommendations on key issues (percentage of total SRHR-related recommendations that States reported implemented)
Gender-based discrimination 5%
Women and girls’
access to education 4%
Women’s economic empowerement 2%
Harmful cultural, traditional practices 6%
Trafficking of women 5%
Human rights instruments 15%
Gender based violence, sexual violence 15%
Gender equality and women’s rights 10%
Integrate gender perspective in UPR process 7%
Family Law 6% 6%
Discrimination based on sexual orientation and gender identity Sexual exploitation 4%
Right to health 1%
Birth registration 1%
Discrimination towards
immigrant and migrant women 2%
Women’s political participation 2%
Protection of women’s human rights defenders 1%
Rights of the child 1%
Discrimination in the workplace 1%
Access to HIV/AIDS prevention, treatement and care
6%
FIGURE 3
The figure on below reflects the issues that States reported having taken action on (see Appendix 6 for this information in tabular form). States reported greatest implementation of recommendations related to international human rights instruments, gender-based and sexual violence, gender equality and women’s rights, the integration of a gender perspective in the UPR process, discrimination based on sexual orientation and gender identity, family law, harmful traditional and cultural practices and trafficking of women.
Available data has been examined and analysed for the SRHR issues discussed in Chapter 2. This
analysis also highlights the adoption of positive measures taken by different states.
Maternal health, mortality and morbidity: Four States accepted recommendations pertaining to maternal health. In response to the recommendation to “address the issue of unduly protracted detentions and to promote the use of alternative measures to pretrial detention, in particular for pregnant women and young children”, Argentina provided information about a change in policy: “Act No.
24.660 on custodial sentences has been amended to allow for sentences of house arrest for women
prisoners who have children under 5 years of age living with them. The impact of this provision is on the rise, with a year-on-year increase of 77.4 per cent in its application in 2011.”
Bangladesh reported developing and upgrading maternal and child health facilities and
appointing additional physicians, contributing to improved doctor-patient ratio. Reporting on a recommendation on the right to health, including maternal care, Cuba provided a general response:
“Changes were made to primary health care to increase the effectiveness of the doctor’s visit programme (Programa de Atencion – Consultorio del Medico) and the Family Nurse (Enfermera de Familia) programmes. Priority was also placed on raising the quality of public health through more effective use of resources and changes in training.
The Maternal-Child Health Programme was strengthened.”
In Zambia, UNICEF reported that the
government had implemented its recommendation by “developing the National Community Health Worker Strategy with the goal of having an adequately trained and motivated community-based workforce that would contribute towards improved health service delivery and the attainment of national health priorities…[and] the creation of the Ministry of Community Development, Mother and Child Health…to contribute to further strengthening of community participation and engagement and facilitating integration of community experiences into policy discussions.”
Child, early and forced marriage: Ten States took decisive action on the issue of early and forced marriage. Strategies adopted to address the issue of early and forced marriage include primarily actions in the realm of legal and policy reform. For example, Azerbaijan increased the minimum age of marriage to 18 years and criminalized the act of forcing women into marriage. In Pakistan, a legal amendment criminalized forced marriages, child marriages and other customary practices that are discriminatory towards women. In the Philippines,
the Autonomous Region in Muslim Mindanao passed its own Gender and Development Code to remove discriminatory provisions from the Code of Muslim Personal Laws, particularly those related to early marriage, forced marriage and polygamy, and Germany introduced a stand-alone criminal offence of forced marriage and a stand-alone right to re-immigration for persons who remained in Germany as minors and were prevented from returning to Germany after the forced marriage.
From a programmatic perspective, examples include Benin, where the Government has implemented, in partnership with national NGOs and with the support of technical and financial partners, programmes and projects to combat forced marriage. Cameroon established a federal Interdepartmental Working Group on Forced Marriage and “Honour” Based Violence to act as a focal point for collaborative efforts to support intervention and prevention efforts.
Female genital mutilation/cutting (FGM/C):
A total of six countries reported on the issue of FGM/C: Cameroon, Benin, Ghana, Burkina Faso, Mali and Djibouti. Actions in this area include legal and policy reform, establishing effective prevention strategies and investing in programmes to address the issue. Ghana highlighted amendments made to the “Criminal Offences Act, 1960 (Act 29) making harmful traditional practices like female genital mutilation and ‘trokosi’ an offence. The Ghanaian Ministry of Women and Children’s Affairs has trained some Traditional leaders on the Domestic Violence Act and other legal Instruments such as the Criminal Offences Act, and engages them on how to eradicate negative cultural practices from their communities.” Djibouti highlighted the ongoing implementation of a national strategy for the total elimination of all forms of excision.
Regarding programmatic responses, in Cameroon 50 community relay workers were trained, 40 local FGM/C control committees
38 LESSONS FROM THE FIRST CYCLE OF THE UNIVERSAL PERIODIC REVIEW
were set up in prevalence areas, and material, financial and technical support was provided to help excisers to develop alternative income-generating activities. Burkina Faso established the National Council to Combat Female Circumcision, and is expanding the teaching of modules on FGM/C in primary and
secondary education programmes in the country.
Additionally, it hosted a meeting on sub-regional cooperation and implemented a programme to eliminate cross-border female circumcision.
Comprehensive sexuality education: Three States made direct reference to sexuality
education in their reporting on implementation of recommendations. Argentina, in response to a recommendation to address discrimination against women, reported: “Steps have also been taken to strengthen the implementation of the following programmes: (…) Teacher Awareness for the Non-Discriminatory Implementation of Comprehensive Sex Education…” Similarly, Turkmenistan, in response to a recommendation on combating HIV/AIDS through educational and awareness-raising programmes, reported on
“preparing and publishing information materials which take into account the age and specific nature of the target group.”
Criminal laws related to sexual activity:
Burundi reported “discrimination against women observed in the past in regard to adultery has been remedied in the Criminal Code,” which now refers to a “spouse convicted of adultery”
and no longer makes a distinction between husband and wife. Nor does the Code make any distinction as to the punishment incurred by the perpetrator of the offence. Recommendations related to decriminalizing consensual same-sex sexual activity were not accepted by any State, and their national reports did not provide information on any actions taken in this regard. As noted earlier, there were no recommendations on decriminalizing sex work.
HIV/AIDS: Twelve States reported implementing 18 recommendations on this issue. In regards to the strategies employed, the majority of actions taken related to programming and service provision. A total of 15 initiatives were documented in this regard, which included the development of programmes for the prevention of mother-to-child transmission, access to treatment, the integration of effective prevention strategies, and programmes tailored to key populations. Examples include the lowering of costs for contraceptives, emergency obstetric care and other services in Burkina Faso, HIV prevention programmes for prison populations in Botswana, and the opening of two youth centres in Turkmenistan to familiarize young people with HIV prevention.
In the realm of legal and policy reform, States identified seven separate initiatives, including Uzbekistan’s report on the introduction of “specific provisions into criminal legislation which make it a crime to infect another person with HIV as a result of non-performance or improper performance of professional duties, the aim being to stiffen penalties for medical staff for improper performance of professional duties, to correct investigative and judicial practice regarding offences in this category so as to reflect adequately the heightened danger for the population and to make measures for combating the spread of the HIV infection more effective.”
It is also worth noting that, in some cases, information provided by United Nations agencies and civil society organizations indicates that despite the introduction of new legislation and policies, the situation regarding HIV/AIDS continues to be a challenge. For example, a few reports pointed out gaps in national legislations in relation to discrimination against people living with HIV.
Marital rape: Four States accepted recommendations relating to marital rape.
Botswana and the Republic of Korea reported
Collaboration with the United Nations system and other stakeholders in implementing recommendations
From the information contained in national reports, compilations of United Nations information and summaries of stakeholder submissions, there emerge a number of examples demonstrating strong and beneficial collaboration between United Nations agencies, civil society and Governments in the implementation of UPR first cycle recommendations. Examples include implementation of recommendations related to FGM/C, provision of peer-to-peer sexuality education, and legal audits in the realm of HIV/
AIDS legislation. Specifically, Burkina Faso reported implementing a joint UNFPA-UNICEF programme on eliminating cross-border female circumcision, which “aims to achieve zero tolerance of female circumcision by 2015.” This information was provided in response to the recommendation to
“share best practices with other countries regarding female genital mutilation, pursue efforts to having laws that penalize rape, without an
exception for marital rape. Further, Botswana reported passing the Domestic Violence Act, which provides legal remedies to victims of marital rape, and the Republic of Korea reported prosecuting cases of marital rape. At the same time, the United Nations system and other stakeholders provided information on the absence of laws criminalizing marital rape in numerous countries. Much of this information came in response to rejected recommendations related to the criminalization of marital rape. Other information came in response to recommendations on other, related issues such as domestic violence and violence against women.
Cuba responded to recommendations pertaining to gender equality, rights of the child, the right to health and the right to education by providing information on the provision of sexuality education: “There was continued development of [...] sex education from a gender perspective with an emphasis on gender and rights.” It elaborated regarding the introduction of a sexuality education curriculum throughout the national education system, for all levels of education: “The Ministry of Education, by Ministerial Resolution, adopted the Programme on Sexuality Education from a Gender and Sexual Rights Perspective in the school curriculum [...] This programme strengthened HIV/AIDS prevention, sexual and reproductive health care and sexual diversity. The Schools Promoting Health movement continued to develop, to promote healthy practices and environments in school life.”
Additionally, there were multiple reports of States committing to ensure that educational materials and curricula are non-discriminatory, emphasizing non-discrimination on the basis of sex, age, sexual orientation, marital and family status, among other factors. This indicates the scope for greater guidance and recommendations to States on this issue during the second and
subsequent cycles of the UPR. © UNFPA photo
40 LESSONS FROM THE FIRST CYCLE OF THE UNIVERSAL PERIODIC REVIEW BOX 5:
Examples of UNFPA’s involvement with the UPR process
• During the first UPR cycle (2008-2011) UNFPA country offices in Ecuador, Ghana, Madagascar, Pakistan, Russian Federation, Tajikistan and Tunisia prepared official submissions to the UPR. In several other countries UNFPA provided inputs to joint UN Country Team submissions. Additionally, UNFPA Country Offices have joined United Nations-wide efforts in different countries to support governments in the formulation of states’
reports, and NGOs in the formulation of specific submissions.
• In Malawi, UNFPA is part of the United Nations Human Rights Group, which is supporting the National Human Rights Commission to play a leading role in monitoring the implementation of UPR recommendations.
The Malawi Human Rights Commission has organized meetings with government, Parliamentarians, CSOs and the general public to assess progress in implementing UPR recommendations.
• In Morocco, UNFPA is part of a United Nations inter-agency project that works to enhance the capacity of the national body in charge of the UPR, Délégation Interministérielle des Droits de l’Homme (DIDH), to monitor the implementation of UPR recommendations in general, and to prepare the mid-term review report in particular. The first activity was organized in December 2013 related to “International Best practices for preparing midterm UPR reports”. With the support of the joint United Nations project, DIDH is developing a dashboard to monitor the implementation of UPR recommendations, including those on SRHR. This dash board has served to provide evidence for the mid-term review report due in May 2014.
• Mozambique’s UPR review took place in February 2011, following which the Ministry of Justice (MoJ) developed, with the support of UNDP, an Action Plan that was enacted in September 2011. The MoJ sought advice from UNFPA on implementing select recommendations and requested training for government personnel. UNFPA consulted with civil society groups, including women’s groups, girls, youth and several marginalized populations, and advocated with the MoJ for inclusion of accepted recommendations into the Action Plan, which had been left out due to their complexity, by providing the government with the assurances that UNFPA would support the implementation. These included critical actions for the advancement of SRHR and gender equality, such as those addressing early pregnancy, early marriage, obstetric fistula, sexual abuse, and violence against women. These recommendations and corresponding actions were incorporated in the Action Plan at its mid-term review in June 2013.
• Tajikistan’s UPR review took place in October 2011 and the Action Plan for the implementation of UPR recommendations was enacted in April 2013. UNFPA and partners are assisting the government in implementing a few of the actions contained in the Action Plan. For instance, UNFPA assisted with drafting the law on domestic violence which is currently in the process of being adopted. It is also participating in a process of reviewing the National Health Strategy with the view to mainstream a gender perspective in it, and revising 17 health-related legislations. Further, UNFPA joined UNDP in providing technical assistance to the government in developing the Living Standards Improvement Strategy for 2013-2015, including the inclusion of a demographic chapter, thereby strengthening efforts to address poverty through population data collection, analysis and projections. UNFPA also planned several interventions in support of implementation of the new Strategy, including training on demographic issues and on monitoring and evaluation for high-level officials in the Ministry of Economic Development and Trade (MEDT), and initiating discussions with the MEDT on establishing a unit for demographic projections at the MEDT.
BOX 5
continue to make exemplary progress with regard to the effective abolition of sexual mutilation and continue efforts to fully eradicate it.” In
Turkmenistan, following up on the recommendation to “take a proactive approach to combating HIV/
AIDS through educational and awareness-raising programmes for both the general public and drug users,” the Government collaborated with UNFPA to establish “two youth centres to familiarize young people with HIV/AIDS prevention, at which they are taught on the basis of a peer-to-peer approach.”
In response to a recommendation pertaining to, inter alia, protection of women, Azerbaijan provided information on preparing a “National Strategy on reproductive health” with the support of the WHO Regional Office for Europe.
“Moreover, the government together with UNICEF and UNFPA is implementing projects in the direction of combating maternal mortality and morbidity,” it shared. In Ghana, in 2009,
“UNAIDS sponsored a legal audit on HIV and AIDS-related laws to ascertain the extent to which the existing laws promote the national response to HIV and AIDS, and how these laws are integrated into the Ghana judicial system. The findings of the Legal Audit have been disseminated to key stakeholders in Ghana and it recommends to national institutions to protect human rights within the public, health, justice systems and socio-cultural settings.” This information was provided in response to the recommendation “to take action in order to provide for effective education programmes with regard to HIV/AIDS prevention and to expand coverage and access to services that prevent transmission of HIV from mother to child.”
Concerning collaboration with other stakeholders, Indonesia reported having collaborated with national human rights commissions, educational institutions, civil society organizations, as well as with international partners in the delivery of human rights
education and trainings to members of the national and provincial/district committees on
the implementation of the human rights National Action Plan. The trainings have been on thematic issues “such as... women’s rights, reproductive health and right to health, elimination of domestic violence, [and] trauma healing.”
Conclusion
A number of points are clear from the above research and analysis:
• A specific recommendation rather than a general one, and one that addresses fewer issues rather than several is more effective for tracking its implementation and thus holding the SuR accountable.
• A consistent format in all three review
documents35 for reporting on the implementation of UPR outcomes during subsequent reviews would be helpful in tracking specific actions taken to implement specific recommendations or voluntary commitments. It would also highlight gaps in implementation requiring further attention from the SuR.
• Concrete information from the United Nations system, NHRIs and civil society on the
implementation of UPR outcomes by the SuR, or the lack thereof, is critical to the UPR process.
• Some recommendations that received no/
unclear responses or were rejected were actually reported on by States. Hence it is observed that the governments changed stance and decided to report on implementation of the given recommendations.
• The implementation of recommendations formulated broadly around issues such as health, education, discrimination, violence, gender equality, human rights et cetera can involve specific actions pertaining to SRHR.