ccpr centre recommendations for upr23

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23nd UPR session (2 13 November 2015) AUSTRALIA

Date of treaty ratifications Reporting Status under ICCPR ICCPR 13 Aug 1980 Overdue

Last State report submitted on 7 Aug 2007 (due on 31 Jul 2005). Next State partys report overdue since 1 April 2013.

First Optional Protocol 02 Oct 1990 Second Optional Protocol 25 Sept 1991

Our recommendations for the 23nd UPR session Submit overdue report as soon as possible

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23nd UPR session (2 13 November 2015) AUSTRIA

Date of treaty ratifications Reporting Status under ICCPR ICCPR 10 Sept 1978 Up to date

Last State report submitted on 28 May 2013 (due on 30 Oct 2012) will be reviewed during the 115th session (9 Oct 6 Nov 2015).

First Optional Protocol 02 Mar 1993 Second Optional Protocol 10 Dec 1987

Our recommendations for the 23nd UPR session Pursue the cooperation with the Human Rights Committee and comply with its reporting obligations. Submit the follow up report in due time, one year after the adoption of the Concluding Observations.

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23nd UPR session (2 13 November 2015) GEORGIA

Date of treaty ratifications Reporting Status under ICCPR ICCPR 03 May 1994 Up to date

Last State report submitted on 25 Jun 2012 (due on 01 Nov 2011). Next report due on 31 Jul 2019.

First Optional Protocol 03 May 1994 Second Optional Protocol 22 Mar 1999

Our recommendations for the 23nd UPR session

Latest priority recommendations made by the Human Rights Committee 111th session, 7 25 July 2014

(CCPR/C/GEO/CO/4)

Para Recommendation

Ensure compliance with articles 9 and 14 of the ICCPR by reforming the system of administrative detention.

13 The State party should, as a matter of urgency, reform its system of administrative detention in order to ensure its full compliance with articles 9 and 14 of the Covenant.

Ensure compliance with article 14 of the ICCPR by reforming the current jury trial system. ! 14 The State party should, as a matter of urgency, follow up on its intention to reform the current jury trial system with a view to ensuring its compatibility with the fair trial guarantees enshrined in article 14 of the Covenant.

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23rd UPR session (2 13 November 2015) LEBANON

Date of treaty ratifications Reporting Status under ICCPR ICCPR 03 Nov 1972 Overdue

Last State report submitted on 08 June 1996 (with 10 years delay, due on 21 March 1986) Next State partys report overdue since 21 March 2001

First Optional Protocol n/a Second Optional Protocol n/a


Latest recommendations made during the 1st Cycle of UPR (in relation with the ICCPR) 9th Session, 1-12 Nov 2010 (A/HRC/16/18)

Para Recommendation

Comply with reporting obligations within the required time frame under art. 40 of the ICCPR

n/a n/a

Introduce a de jure moratorium on capital punishment with a view to abolish the death penalty permanently. Ratify the Second Optional Protocol to ICCPR.

82.4 Introduce a de jure moratorium on executions until the government abolishes the death penalty (Belgium);

82.5 Deepen the process to abolish the death penalty by implementing a de jure moratorium on the use of death penalty and subsequently by abolishing it permanently; (France)

82.6 Impose a moratorium on capital punishment and commute existing death sentences to imprisonment terms with a view to abolish the capital punishment entirely (Slovakia)

82.7 Abolish the death penalty and consider the ratification of the Second Optional Protocol to ICCPR (Belgium)

82.8 Abolish the death penalty by adopting, promptly, the draft law on the abolition of the death penalty, and ratify the Second Optional Protocol to the ICCPR (United Kingdom); Accede to the Second optional Protocol to the International Covenant on Civil and Political Rights, aimed at abolishing the death penalty, and take the necessary steps to remove the death penalty from Lebanons justice system (Australia)

82.9 Adopt, as soon as possible, the bill to abolish the death penalty; meanwhile maintain the current de facto

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moratorium and introduce a de jure moratorium until the permanent abolition of the death penalty goes into effect (Spain)

82.10 Proceed to abolish the death penalty from its penal code (Ireland); Eliminate the death penalty from its national legislation (Canada)

82.11 Adopt officially General Assembly resolution 62/149 on a moratorium on the death penalty and ratify the second optional protocol to ICCPR, as important steps towards abolishing capital punishment (Italy)

82.12 Abolish the death penalty (Germany)

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23rd UPR session (2 13 November 2015) MAURITANIA

Date of treaty ratifications Reporting Status under ICCPR ICCPR 17 Nov 2004 Up to date

Last State report submitted on 07 February 2012 (due on 17 February 2006) Next report due on 01 November 2017

First Optional Protocol n/a Second Optional Protocol n/a


Latest priority recommendations made by the Human Rights Committee

109th Session, 14 Oct 1 Nov 2013 (CCPR/C/MRT/1)

Human Rights Committee comments on implementation of recommendations

Letter dated 13 April 2015

Para Recommendation Human Rights Committee comments Grade

Take appropriate measures to publish acts ratifying the Human Rights treaties and Convention and raise awareness of judges, lawyers and prosecutors of the Covenant.

5 The State party should systematically publish in the Official Gazette the Acts ratifying the human rights treaties and conventions, as well as the texts of these instruments, including the Covenant. It should also raise the awareness of judges, lawyers and prosecutors of the Covenant, to ensure that its provisions are taken into account by the national courts.

The Committee requires updated information on (a) the publication of the Acts ratifying the human rights treaties and conventions, as well as the texts of these instruments, in official journals; (b) measures taken to raise judges, lawyers and prosecutors awareness of the Covenant, including any seminars and trainings carried out; and (c) cases where provisions of the Covenant have been invoked directly before the courts.

B2 (Initial action taken, but additional information and measures required)

Criminalize Torture in the Criminal Code.

Take adequate measure to ensure that any investigations into acts of torture and ill-treatment are conducted by an independent authority.

Ensure that NGOs can conduct visits to

places of detention.

14 The State party should adopt a definition of and clearly criminalize torture in the Criminal Code, in conformity with article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the relevant international standards. It should also ensure that any investigation into acts of torture, ill-treatment or excessive use of force attributed to members of the police or security forces should be conducted

On the need to adopt a definition of and clearly criminalize torture, the Committee notes that the State party did not implement the recommendation. The Committee requires updated information on the adoption of the draft law on the prevention and fight against torture whether this draft law is in conformity with article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment and relevant international standards. The Committee reiterates its recommendation.

C1 (Response received but actions taken do not implement the recommendation)

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Pursue efforts to establish a National Preventive Mechanism.

by an independent authority. The State party should furthermore ensure that members of the law enforcement agencies are trained to prevent torture and ill-treatment, and to investigate such offences, by making sure that the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) is included in all training programmes for them. It should also ensure that allegations!of torture and ill-treatment are the subject of thorough and impartial investigations, that the alleged perpetrators are brought to justice and, if found guilty, are sentenced to penalties commensurate with the seriousness of their acts, and that the victims receive adequate compensation. The State party should guarantee regular access to all places of deprivation of liberty and, following its ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, put in place a national preventive mechanism

Concerning the investigations of acts of torture, ill treatment or excessive use of force, the need to bring alleged perpetrators to justice and to sentence them to penalties commensurate with the seriousness of their acts, the Committee notes that this recommendation has not been implemented. The Committee reiterates its recommendation.

C2 (Response received but not relevant to the recommendations)

With respect to the training of law enforcement personnel, the Committee requires additional information on trainings carried out and their frequency.


On the need to guarantee regular access to all places of deprivation of liberty, the Committee requires information on the conditions imposed on NGOs wiling to conduct visits to places of detention.

B1 (Substantive action taken, but additional information required)

Concerning the establishment of the national preventive mechanism, the Committee requires information on the adoption of the draft law and whether it is functioning.


Ensure the implementation of the legislation criminalizing slavery.

Conduct investigations and guarantee

effective remedies to victims of slavery.

Implement the road map for the eradication of slavery.

Raise awareness of officials as well as the

17 The State party should ensure the effective implementation of its legislation criminalizing slavery and guarantee effective remedies for victims of slavery who have lodged complaints. The State party should also conduct investigations, effectively prosecute and sentence those responsible and provide compensation for, and rehabilitate the victims. Finally, the State party should expedite the hearing of pending cases;

Concerning the effective remedies for victims of slavery and investigations and prosecutions of those responsible, the Committee requires information on:

(a) the outcome of the 26 cases related to slavery judged by courts since 2012;

(b) the number of prosecutions, convictions and sanctions imposed on persons involved in the crime of slavery in the last 3 years

(c) the establishment of the Special Court

C1 (Response received but actions taken do not implement the recommendation)

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general population including the rural areas on this issue

adopt and implement, as Government policy, the road map developed in collaboration with the Office of the United Nations High Commissioner for Human Rights on the recommendations of the Special Rapporteur on contemporary forms of slavery, including their causes and their consequences; and raise the awareness of all law enforcement officers and the general population, including in rural areas.

on slavery; and (d) the number of cases on slavery

pending before courts and measures taken to expedite the hearings of pending cases.

The Committee welcomes the adoption of a road map for the eradication of slavery and requests information on its implementation.


The Committee welcomes the awareness campaigns organized by the regional labour inspectorates but requires additional information on awareness campaigns aimed at the general public, including in rural areas.


Improve the conditions of detention in prisons.

Reduce prison overcrowding.

19 The State party should implement measures to improve the conditions of detention in its prisons and to reduce prison overcrowding.

The Committee requires updated statistics on the number of prison facilities in the State party and the capacity and number of inmates held therein.


The Committee requires information on the concrete measures taken to improve conditions of detention after the adoption of the Committees concluding observations in October 2013.


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23rd UPR session (2 13 November 2015) MICRONESIA (Federated States of)

Date of treaty ratifications Reporting Status under ICCPR ICCPR n/a n/a First Optional Protocol n/a Second Optional Protocol n/a


Latest recommendations made during the 1st Cycle of UPR (in relation with the ICCPR) 9th Session, 1 Nov 12 Nov 2010 (A/HRC/16/16)

Para Recommendation

Ratify the ICCPR and its two Optional Protocols.

61.1 Envisage the gradual ratification of other main international human rights instruments, first of all the two International Covenants, on Civil and Political Rights [] (Algeria)

61.2 Consider ratifying the remaining United Nations core treaties, in particular the International Covenant on Civil and Political Rights (Brazil)

61.3 Take the necessary steps to pursue ratification of the International Covenant on Civil and Political Rights (Canada)

61.4 Strengthen its legal arsenal through accession to international conventions in the field of the promotion and protection of human rights to which it is not yet a party, especially the International Covenant on Civil and Political Rights (France)

61.5 Ratify the International Covenant on Civil and Political Rights (Spain) 61.6 Consider ratifying the International Covenant on Civil and Political Rights (Indonesia) 61.8 Analyse the possibility of ratifying the main human rights instruments, in particular the International

Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights [] (Argentina)

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23rd UPR session (2 13 November 2015) MYANMAR

Date of treaty ratifications ICCPR n/a First Optional Protocol n/a Second Optional Protocol n/a


Latest recommendations made during the 1st Cycle of UPR (in relation with the ICCPR) 10th Session, 24 Jan 4 Feb 2011 (A/HRC/17/9)

Para Recommendation


104 Ratify the International Covenant on Civil and Political Rights (10 countries)

Abolish the death penalty as soon as possible. ! 106.9 Make plans to sign and ratify the core human rights treaties and the Optional Protocols thereto, as well as to abolish the death penalty since the effective moratorium does not seem to discourage lower courts from handing down sentences (Greece)

106.36 Abolish the death penalty as soon as possible (Belgium) 106.37 Abolish capital punishment in national legislation (Italy) 107.39 Ensure that all acts violating international human rights and humanitarian law are subject to prompt,

independent and impartial investigation, and that suspected perpetrators, including those suspected of ordering these acts, regardless of rank, are brought to justice in proceedings which meet international standards of fairness, and without the imposition of the death penalty (Sweden)

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23rd UPR session (2 13 November 2015) NAURU

Date of treaty ratifications Reporting Status under ICCPR ICCPR n/a ICCPR and OP2 signed on12 November 2001. First Optional Protocol n/a Second Optional Protocol n/a



Para Recommendation


79.2 Look into the possibility of progressively acceding to or ratifying the major human rights conventions, starting with the International Covenant on Civil and Political Rights (ICCPR) (Algeria)

79.3 Ratify ICPPR (United States of America) 79.4 Ratify ICCPR and sign and ratify the International Covenant on Economic, Social and Cultural Rights

(ICESCR) (United Kingdom) 79.5 Promptly ratify and implement in national laws the outstanding core human rights treaties, including ICESCR

and ICCPR and its two optional protocols (Sweden) 79.6 Consider ratifying the following international instruments: [..] ICCPR [] (Brazil);

Pursue effort to abolish death penalty. 79.21 Confirm its progress relating to the death penalty by definitively abolishing the death penalty and by ratifying the Second Optional Protocol to ICCPR (France)

79.57 Abolish the death penalty and ratify the Second Optional Protocol to ICCPR (Spain)

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23nd UPR session (2 13 November 2015) NEPAL

Date of treaty ratifications Reporting Status under ICCPR ICCPR 14 May 1991 Up to date

Last State report submitted on 21 February 2012 (with 15 years delay, due on 13 Aug 1997) Next review is due on 23 March 2018.

First Optional Protocol 04 Mar 1998 Second Optional Protocol 14 May 1991


Latest priority recommendations made by the Human Rights Committee

110th Session, 10 - 28 March 2014 (CCPR/C/NPL/CO/2)

Assessment carried out by a coalition of NGO, with the support of the CCPR

http://www.ccprcentre.org/doc/2015/06/NGO-FU-assessment-Nepal-Final1.pdf

March 2015 Para Recommendation

Ensure compliance with international human rights law by prohibiting torture and enforced disappearances under domestic law.

Increase effort to end political interference in the criminal justice system, and conduct independent and impartial investigation, penalize perpetrators and provide effective remedies to victims.

Take adequate measures to create a

transitional justice mechanism.

Adopt guidelines to prevent those accused of violations from holding public office.

5 The State party should: (a) Ensure that all gross violations of international human rights law, including torture and enforced disappearances, are explicitly prohibited as criminal offences under domestic law; (b) End all forms of political interference in the criminal justice system and undertake independent and thorough investigations into alleged conflict-related cases of human rights violations, and hold the perpetrators accountable without any further delay. The Committee stresses that transitional justice mechanisms cannot serve to dispense with the criminal prosecution of serious human rights violations; (c) Create, as a matter of priority and without further delay, a transitional justice mechanism in accordance with the Supreme Court writ of mandamus of 2 January 2014 and ensure its effective and independent functioning in accordance with international law and standards, including by prohibiting amnesties for gross violations of international human rights law

The State has not drafted any specific laws. The Anti torture bill is submitted to the Parliament, but its adoption is not foreseen. No decisive action has been taken for the effective transitional justice system. Some arrangements were made for the compensation to the victims, but no serious steps taken for their restitution and rehabilitation.

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and serious violations of international humanitarian law; (d) Ensure that all victims are provided with an effective remedy, including appropriate compensation, restitution and rehabilitation, taking into account the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (General Assembly resolution 60/147); and (e) Adopt guidelines for vetting to prevent those accused of violations of the Covenant from holding public office and being promoted.

Take adequate measures to meet the Paris Principles requirements and the Supreme Court decision (6 March 2013) to ensure independence and effectiveness of the National Human Rights Commission.

7 The State party should amend the National Human Rights Act 2068 (2012) to bring it in line with the Paris Principles (General Assembly resolution 48/134, annex) and the Supreme Court decision of 6 March 2013 so as to ensure its independent and effective functioning. It should also amend procedures governing the appointment of Commissioners to ensure a fair, inclusive and transparent selection process, and ensure that the recommendations issued by the NHRC are effectively implemented.

Appointment of the Commissioners was carried out in a relatively transparent manner. Challenges are remaining in terms of its inclusiveness and independence, as well as the implementation of the NHRCs recommendations by the State.

Prevent excessive use of force by law enforcement officials.

Adopt legislation prohibiting torture and

ill-treatment including sanctions and appropriate remedies.

Increase efforts to provide training on

the prevention and investigation of torture and ill-treatment.

Take appropriate measures to ensure

that allegations of unlawful killings, torture and ill-treatment are effectively investigated, prosecuted and punished.

10 The State party should take practical steps to prevent the excessive use of force by law enforcement officials by ensuring that they comply with the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990). It should take appropriate measures to eradicate torture and ill-treatment, including by adopting legislation defining and prohibiting torture with sanctions and remedies commensurate with the gravity of the crime, in accordance with international standards. It should also ensure that law enforcement personnel receive training on the prevention and investigation of torture and ill-treatment by integrating the Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading

There is no explicit law that prohibits these acts. Extrajudicial killings are still occurring while investigation being very slow, if conducted. The number of torture cases remains high, although arrangements were made for the compensation. While trainings appear to be conducted by different actors, relevant authorities / law enforcement officers still appear to lack in genuine efforts.

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Treatment or Punishment (Istanbul Protocol). The State party should ensure that allegations of unlawful killings, torture and ill-treatment are effectively investigated, and that alleged perpetrators are persecuted and, if convicted, punished with appropriate sanctions, and that the victims and their families are provided with effective remedies.

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23rd UPR session (2 13 November 2015) OMAN




Para Recommendation


90 Ratify the ICCPR (16 countries)

Ratify the Second Optional Protocol to the ICCPR aiming to the abolition of the death penalty.

Introduce a moratorium on capital

punishment with a view to abolish death penalty permanently.

91.1 Take all necessary measures to abolish the death penalty, including by acceding to the Second Optional Protocol to ICCPR (Australia)

91.5 Establish a moratorium on the use of death penalty (United Kingdom) 91.6 Introduce a de facto and de jure moratorium on the death penalty, with a view to adopting a law abolishing

the death penalty (Sweden) 91.7 Establish a moratorium in order to abolish the capital punishment, and change those sentences to

imprisonment and ratify the Second Optional Protocol to ICCPR (Spain) 91.8 The adoption of a moratorium on the death penalty with a view to abolishing capital punishment in

national legislation (Italy) 91.9 Consider establishing an official moratorium on the use of death penalty with a view to abolishing it

(Slovenia); 91.10 Commute without delay all death sentences to terms of imprisonment and ratify the Second Optional

Protocol to ICCPR (Sweden);

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23rd UPR session (2 13 NOVEMBER 2015) RWANDA

Date of treaty ratifications Reporting Status under ICCPR ICCPR 16 April 1975 Up to date

Last State report submitted on 11 July 2014 (due on 10 April 2013) will be reviewed during the 116th session (March 2016).

First Optional Protocol n/a Second Optional Protocol 15 Dec 2008

Our recommendations for the 23nd UPR session Ratify the First Optional Protocol of the ICCPR aiming to establish individual complaints procedure. Submit the follow up report in due time, one year after the adoption of the Concluding Observations.

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23rd UPR session (2 13 November 2015) SAINT KITTS AND NEVIS




Para Recommendation


76-77 Ratify the ICCPR (13 countries)

Reintroduce moratorium on the use of capital punishment with a view to abolition.

77.1 Abolish the death penalty and reintroduce the moratorium (Germany) 77.2 Abolish the death penalty and commute existing death sentences to imprisonment (Canada) 77.3 Formally establish a moratorium on the use of the death penalty, with a view to abolition (United Kingdom)

77.4 Impose a moratorium on executions with a view to abolishing the death penalty (Norway) 77.5 Establish a de jure moratorium on the use of death penalty as a step towards its abolition (Hungary) 77.6 Introduce a de facto and de jure moratorium on the death penalty, with a view to adopting a law abolishing

the death penalty (Sweden) 77.7 Impose a formal moratorium on capital punishment with a view to abolishing it entirely in line with General

Assembly resolutions 62/149 and 63/168 and the Second Optional Protocol to ICCPR (Slovakia) 77.8 Declare at the earliest a moratorium on the application of the death penalty with a view, eventually, to the

definitive abolition of capital punishment (France) 77.9 Declare a moratorium on the death penalty with a view to abolition and commute death penalty sentences to

jail sentences (Spain) 77.10 Repeal the legal provisions that allow the death penalty and declare a moratorium on executions (Slovenia) 77.11 Repeal all provisions allowing for the death penalty and consider ratifying ICCPR and its Second Optional

Protocol (Norway)

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77.12 Commute without delay all death sentences to terms of imprisonment, and ratify and implement into its national legislation ICCPR and its Second Optional Protocol, aiming at the abolition of the death penalty (Sweden)

77.13 Accede to the Second Optional Protocol to ICCPR, aiming at the abolition of the death penalty, and take all necessary steps to remove the death penalty from Saint Kitts and Nevis law (Australia)

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23rd UPR session (2 13 November 2015) SAINT LUCIA

Date of treaty ratifications ICCPR n/a (signed on 22 Sept 2011) First Optional Protocol n/a Second Optional Protocol n/a



Para Recommendation



Ratify the Second Optional Protocol to the ICCPR aiming at the abolition of the death penalty.

Introduce a moratorium on capital punishment with a view to abolish death penalty permanently.

89.4 Consider ratifying, and implementing in national law, the outstanding core international human rights treaties, in particular ICESCR; and ICCPR and its Second Optional Protocol the abolition of the death penalty (United Kingdom)

89.64 Declare a moratorium on the death penalty with the aim of its abolition; commute all death sentences to prison sentences; and sign and ratify the Second Optional Protocol to ICCPR (Spain)

89.65 Impose a formal moratorium on capital punishment with a view to abolishing it entirely in line with General Assembly resolutions 62/149 and 63/168 as well as the Second Optional Protocol to ICCPR (Slovakia)

89.66 Adopt a moratorium on the use of the death penalty and ratify the Second Optional Protocol to ICCPR with a view to fully abolishing capital punishment (Italy)

89.67 Establish a moratorium on executions with a view to abolishing the death penalty and supporting the United Nations General Assembly resolution on the moratorium on the use of the death penalty (Portugal)

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89.68 Accede to the Second Optional Protocol to ICCPR aimed at abolishing the death penalty, and ICCPR itself and take all necessary steps to remove the death penalty from Saint Lucias justice system (Australia)

89.69 Maintain the de facto moratorium on the death penalty with a view to abolishing it (Sweden)

89.70 Consider the abolition of the death penalty and not ending the existing moratorium (Germany)

89.71 Definitively abolish the death penalty (France)

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23rd UPR session (2 13 November 2015) SAO TOME and PRINCIPE

Date of treaty ratifications ICCPR n/a (signed on 31 Oct 1995) First Optional Protocol n/a (signed on 6 Sept 2000) Second Optional Protocol n/a (signed on 6 Sept 2000)



Para Recommendation



ccpr centre recommendations for upr23

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