Report of the Human Rights Council on its 34th session Advance unedited version

2. Views expressed by Member and observer States of the Council on the review outcome

638. During the adoption of the outcome of the review of Lithuania, 16 delegations made statements.

639. Albania noted with appreciation the constructive engagement of Lithuania during the universal periodic review and the commitment of the Government to promote and protect human rights. Albania noted the efforts of the Government to improve the national legislation and practice in the area of human rights and to implement recommendations from the universal periodic review.

640. Belarus stated that the acceptance of a considerable number of recommendations by Lithuania demonstrated the responsible approach of Lithuania to the improvement of the national human rights mechanisms. It hoped for thorough approach of the Government to implement recommendations from the second review, and in particular those recommendations concerning measures to combat discrimination, intolerance and hate speech.

641. The Council of Europe referred to several recommendations from monitoring bodies of the Council of Europe addressed to Lithuania concerning inadequate legal and policy framework for the protection of persons belonging to minorities, cases of alleged discrimination and of racist hate speech and violence, insufficient protection for persons with disabilities and victims of domestic violence, and the high corruption perception level. It welcomed measures taken by the Government to address those issues and invited Lithuania to ratify the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism, the Convention on Preventing and Combating Violence against Women and Domestic Violence, and the European Charter for Regional or Minority Languages.

642. Egypt commended Lithuania for amendments made to the laws on domestic violence and on gender pay gap. It expressed concerns about the cases of intolerance and xenophobia. Egypt welcomed the acceptance of its five recommendations to establish an independent national human rights institution, ratify the International Convention on the Protection of the Rights of All Migrant Workers and Their Families; investigate cases of racism, islamophobia and xenophobia, increase and promote tolerance and intercultural understanding; and take effective measures for social integration of refugees.

643. Estonia commended Lithuania for the acceptance of majority of the recommendations made during its second review and for its commitment to strengthen gender equality and the empowerment of women, particularly to ratify the Convention on Prevention and Combating Violence against Women and Domestic Violence. Estonia noted with appreciation that the Government continued its efforts to protect the rights of the child and has accepted a recommendation made by Estonia to adopt legislation explicitly prohibiting corporal punishment of children and to consider awareness-raising activities to increase public knowledge about the issue.

644. Georgia noted with appreciation the progress made in promoting and protecting human rights, including efforts to improve the protection of the right of the child, to combat discrimination against women and to ensure the effective participation of non-governmental organisations in decision-making. Georgia commended Lithuania for its efforts to combat domestic violence. It noted with appreciation that Lithuania had supported the vast majority of recommendations, including the two recommendations made by Georgia.

645. Iraq appreciated the acceptance by Lithuanian of its recommendations to fight poverty and achieve prosperity. Iraq welcomed the acceptance of a recommendation to improve the services in the centres for foreigners and in particular for asylum seekers with special needs. It encouraged Lithuania to reconsider its refusal to accede to the Convention against Discrimination in Education. Iraq commended the acceptance by Lithuania of most of the recommendations that were submitted to Lithuania.

646. Kyrgyzstan noted that Lithuania had supported a majority of recommendations of the second review. It commended Lithuania for supporting the recommendation put forward by Kyrgyzstan to address gender-based violence and to take additional measures to protect children from corporal punishment and sexual crimes. Kyrgyzstan expressed its conviction that the implementation of those recommendations would improve the protection of rights of women and children.

647. Libya noted with a satisfaction the progress made by Lithuania during the reporting period. It noted with appreciation the acceptance by Lithuania the 153 recommendations.

648. Maldives noted with appreciation meaningful participation of Lithuania in the process of universal periodic review and that Lithuania supported the three recommendations made by Maldives. It was encouraged by efforts of Lithuania to ensure gender equality, to combat discrimination against women and to increase the participation of women in all levels of governance.

649. Pakistan commended Lithuania for accepting majority of the recommendations which were made during the universal periodic review. Pakistan welcomed the establishment of a national mechanism to protect and promote human rights. Pakistan commended the development of various national plans to implement the rights to health and education and of women, children and of persons with disabilities.

650. The Philippines noted with appreciation that Lithuania supported the majority of 172 recommendations received during the interactive dialogue of the review. The Philippines thanked Lithuania for accepting its recommendations, namely, to step up efforts towards the establishment of a national human rights institution in line with the Paris Principles and to sustain efforts to eradicate domestic violence and gender-based violence. The Philippines hoped for the ratification by Lithuania of ILO Convention 189.

651. Romania noted the commitment of Lithuania to the protection and promotion of human rights at national and international levels. It expressed its appreciation that Lithuania supported the recommendations put forward by Romania during the second review.

652. The Russian Federation noted the acceptance by Lithuania of its recommendations to eliminate discrimination on the basis of language in the areas of education and employment, and to adopt a law on national minorities. It noted with concern that Lithuania did not support several recommendations relevant to a part of its population and a recommendation to put an end to the practice of rewriting and interpreting history based on political interests. The Russian Federation noted that criminal prosecution for expressing views on some historical events different form the Government was not in accordance with Lithuania’s international obligations on freedom of expression.

653. Sierra Leone noted that Lithuania supported most of 172 recommendations from the second review. It encouraged Lithuania to accelerate efforts of accreditation of Seimas Ombudsman Office to bring its status in line with the Paris Principles. Sierra Leone noted that further efforts were necessary to address acts of racism and xenophobia, to improve the integration of ethnic minorities and migrants, and increase the legal age for marriage.

654. Venezuela (Bolivarian Republic of) appreciated the efforts made by Lithuania to implement accepted recommendations from the universal periodic review. Venezuela noted that persons with disabilities received free technical means of support or partial subsidies from the 10 regional branches of the Centre for the Technical Medical Support and their municipalities. Venezuela recognized the progress made by Lithuania in the area of human rights and encouraged Lithuania to continue promoting successful social programs for the well-being of the people.

3. General comments made by other relevant stakeholders

655. During the adoption of the outcome of the review of Lithuania, 2 other stakeholders made statements.

656. Action Canada for Population and Development noted with appreciation the acceptance of recommendations on sexual and reproductive rights by Lithuania. It expressed concern about the failure of the Government to fulfil some recommendations received during the first review, in particular a recommendation to make available various family planning methods, including modern and affordable contraceptives. It reported that the Government had failed to undertake any action to improve access to contraception and that the draft law on sexual and reproductive health was not adopted due to a lack of political will. Action Canada for Population and Development called upon the Government to implement a comprehensive law on women's reproductive rights and to introduce comprehensive sexuality education in schools.

657. International Lesbian and Gay Association jointly with European Region of the International Lesbian and Gay Federation commended Lithuania for accepting almost all recommendations on sexual orientation and gender identity. It was noted in the joint statement that Lithuania has accepted the criticism and has taken concrete actions towards achieving progress. The Government did not support two recommendations to amend and review the Law on Protection of Minors. It was noted in the joint statement that while the Government claimed that this Law was not implemented in a discriminatory manner, it was used to censor public information on lesbian, gay, bisexual and transgender persons on three different occasions in 2013. The Government claimed that the law was necessary for the protection of the rights of the child. However, the law violated the rights of lesbian, gay, bisexual and transgender children to receive objective and scientific information. Therefore, Lithuanian should amend the Law, so that it does not openly stigmatize lesbian, gay, bisexual and transgender persons, concluded the joint statement.

4. Concluding remarks of the State under review

658. The President stated that based on the information provided, out of 172 recommendations received, 153 enjoyed the support of Lithuania, and 19 were noted.

659. The delegation of Lithuania presented some clarifications regarding several statements made by United Nations Member States. Regarding cases of discrimination and hate speech, the delegation explained that the Criminal and Criminal Procedure Codes have contained provisions to combat various forms of discrimination. The full enforcement of those provisions has remained a challenge. The Government, in cooperation with civil society has been developing a national action plan on non-discrimination for 2017-2019 in order to provide measures to address discrimination in practice.

660. In response of comments on non-ratification of several international human rights instruments by Lithuania, the delegation explained that the current position of Lithuania should not be seen as a refusal to ratify those treaties. Lithuania would not be in a position to ratify them at this stage. However, the issue of ratification of those treaties would remain under the consideration of the Government, similar to all recommendations that were noted. For example, despite the ratification process of the Convention against Discrimination in Education has started, the current position of the Government is that the ratification will be possible only after the Convention itself is updated. While remaining committed to uphold the rights of migrant workers and their families and ensuring legal guarantees for the protection of their rights, Lithuania has not considered a priority the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

661. Regarding comments on corruption rates, the delegation explained that the transparent and wide media coverage of corruption cases, while being welcomed as positive experience, could have created an impression in society that corruption cases has been considerably increasing, which is not based on statistical data. The delegation assured the Human Rights Council that the Government would pursue its efforts to prevent and fight corruption.

662. Lithuania signed the Additional Protocol to the European Convention on the Prevention of Terrorism. The process of the ratification was slightly delayed due to the national elections at the end of 2016, but it has resumed and would be completed in the upcoming Parliamentary session before the month of June, 2017.

663. In conclusion, the delegation of Lithuania reaffirmed the commitment of Lithuania to the universal periodic review and to the follow up of the recommendations from the review.

Uganda

664. The review of Uganda was held on 3 November 2016 in conformity with all the relevant provisions contained in relevant Council resolutions and decisions, and was based on the following documents:

(a) The national report submitted by Uganda in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/26/UGA/1);

(b) The compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/26/UGA/2);

(c) The summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/26/UGA/3).

665. At its 42nd meeting, on 16 March 2017, the Council considered and adopted the outcome of the review of Uganda (see section C below).

666. The outcome of the review of Uganda comprises the report of the Working Group on the Universal Periodic Review (A/HRC/34/10), the views of Uganda concerning the recommendations and/or conclusions, as well as its voluntary commitments and 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/34/10/Add.1).

1. Views expressed by the State under review on the recommendations and/or conclusions as well as on its voluntary commitments and on the outcome

667. The delegation of Uganda stated that Uganda accepted a majority of recommendations made during the Universal Periodic Review Working Group and that the Government was in the process of integrating them into the draft National Action Plan (NAP) on Human Rights, as these recommendations constitute an invaluable input from the Human Rights Council, which will enrich the substance of the draft NAP. The delegation also noted that it was the intention of Government to submit the draft NAP to Cabinet for adoption in due course. A number of recommendations were noted mainly because they were either imprecise in formulation or would pose legal and other challenges for Uganda if accepted. This notwithstanding, Uganda will continue engagement on those outstanding issues.

668. The delegation added that at an appropriate time, Uganda will invite the international community to cooperate in order to ensure full and effective implementation of the NAP, according with its Second National Development Plan.

669. The delegation concluded by drawing the attention of the Council on a textual error contained in the Addendum to the UPR WG report related to the recommendation 116.6 namely: International Civil and Political Rights (ICCPR) should be substituted with International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

2. Views expressed by Member and observer States of the Council on the review outcome

670. During the adoption of the outcome of the review of Uganda, 16 delegations made statements. The statements of the delegations that were unable to deliver them owing to time constraints⁵¹ are posted on the extranet of the Human Rights Council, if uploaded.

671. Angola supported Uganda’s efforts to improve girls’ access to education and to upgrade legislation related to the criminalization of female genital mutilation and domestic violence.

672. Belgium regretted that Uganda did not accept its recommendation to increase access to sexual health services for women and girls and nonetheless hoped that measures will be taken in this regard. Belgium also regretted that Uganda did not support recommendations related to the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty.

673. Botswana appreciated the adoption of a National Action Plan on Human Rights, and measures taken to implement related protection of vulnerable groups including women and children in Uganda. Botswana noted efforts by Uganda in addressing female genital mutilation, and encouraged Uganda to make a concerted effort, aimed at ending female genital mutilation.

674. Brazil appreciated the balanced intervention by the Minister of Foreign Affairs of Uganda, addressing several sensitive human rights issues. Brazil welcomed Uganda’s acceptance of the vast majority of recommendations received. It noted that even though Brazil’s recommendation to decriminalize same-sex relations did not enjoy Uganda’s support, the openness on this matter and several other human rights challenges was acknowledged.

675. Burundi welcomed Uganda’s efforts for the adoption of a national development plan serving, inter alia, as strategic framework for the implementation of international and regional human rights commitments. Burundi lauded Uganda’s efforts to combat violence against women and girls, female genital mutilation (FGM), trafficking in persons and domestic violence, and efforts to promote education for all. Burundi supported the adoption of the UPR WG report on Uganda.

676. China welcomed the constructive participation of Uganda in the UPR and its commitment to implement the accepted recommendations, including those made by China regarding social, economic and sustainable development and the protection of the rights of women. China appreciated the priority given by Uganda to overcome poverty, and its efforts to promote the rule of law. China called upon the international community to provide constructive assistance to Uganda.

677. Congo noted with satisfaction that Uganda supported their recommendation concerning the ratification of international human rights instruments. Congo called the international community to support Uganda in the implementation of the adopted recommendations.

678. Cuba congratulated Uganda for the incorporation of the World Education Human Rights Program in its educational policy; the adoption of new regulations to combat child labour and trafficking in persons; and the steps taken to ensure access to education for all. Cuba thanked Uganda for having accepted its recommendations regarding the implementation of the National Action Plan on Human Rights and the fight against corruption.

679. The Democratic People’s Republic of Korea appreciated the constructive participation of Uganda in the UPR process. Taking note of the Report of the Working Group, it commended Uganda for its continued commitment to and exertion for human rights. The Democratic People’s Republic of Korea welcomed Uganda’s acceptance of many of the recommendations showing its will to make further efforts in the field of human rights.

680. Djibouti underlined that Uganda supported most of the recommendations they received at the second cycle, especially those on the ratification of international and regional treaties.

681. Egypt welcomed the response of Uganda to the first UPR cycle challenges and valued the acceptance by Uganda of the majority of the recommendations received during the second cycle, including its recommendations. Egypt noted the positive cooperation of Uganda with the UPR WG, its efforts aimed to promote and protect human rights and its commitment to international human rights instruments.

682. Ethiopia noted with appreciation Uganda’s acceptance of a considerable number of recommendations from the second UPR cycle, including Ethiopia’s recommendations on the implementation of the second five-year national development plan and the economic rights of the people. It commended Uganda for taking a meaningful action in finalizing a draft National Action Plan.

683. Ghana commended the positive steps taken by Uganda to prevent and respond to allegations of violence against women and girls, including by adopting laws that criminalize female genital mutilation, domestic violence, and trafficking in persons among others. Ghana was encouraged by Uganda’s cooperation with the OHCHR and commended Uganda for instituting progressive legal frameworks on the rights of refugees and asylum seekers.

684. Haiti regretted that Uganda noted the three recommendations it made. The recommendations called for increasing the number of tribunals and legal aid centres, revising the minimum wage and implementing the 2008 draft Bill on Food and Nutrition. India appreciated Uganda for the receptive and constructive manner in which it participated in the UPR. It was encouraging to note that Uganda accepted as many as 148 recommendations. India noted that Uganda had gained much from its participation in the UPR and hoped that the accepted recommendations will be implemented in the coming years.

685. Kenya was pleased to note that Uganda accepted all the four recommendations made by Kenya and encouraged Uganda to continue the momentum of implementing the recommendations received. Kenya noted that Uganda had undertaken policy, legal and administrative reforms which involved the police, the Judiciary and prisons sectors. It stated that the pending National Action Plan on human rights should strengthen Uganda’s ability to implement the recommendations.

3. General comments made by other relevant stakeholders

686. During the adoption of the outcome of the review of Uganda, ten other stakeholders made statements.

687. The Uganda Human Rights Commission (UHRC) stated that the process of adopting the National Action Plan of Human Rights should be concluded expeditiously and a monitoring and evaluation framework developed to track progress of the priority interventions. The Commission reiterated its call to the Government to ratify and domesticate the Convention on the Protection of All Persons from Enforced Disappearances, ILO Convention No. 189, Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, Optional Protocol to the Covenant on Economic, Social and Cultural Rights, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women and the Third Optional Protocol to the Convention on the Rights of the Child. UHRC urged the Government to address human rights challenges that tend to occur during the electoral cycle and those that are perpetrated due to real or perceived discrimination and or ethnic tension.

688. The International Centre Against Censorship (Article 19) regretted that Uganda failed to fully implement its commitments from the first UPR regarding freedom of expression, peaceful assembly and association. Article 19 expressed disappointment at the rejection of specific recommendations to amend those laws and was particularly concerned at the crackdown on these rights during the 2016 presidential elections. It urged for prevention, protection and prosecution for attacks and reforms to inter alia the Penal Code, the Press and Journalists Act and the Public Order Management Act.

689. The Advocates for Human Rights called on the Government to reconsider its position on recommendations concerning the death penalty and to make progress toward the abolition of capital punishment by adopting de jure moratorium, and to encourage the adoption of the Law Revision (Penalties in Criminal Matters) Miscellaneous Amendment Bill 2015, aimed at giving effect to the Kigula ruling by amending laws that provide for mandatory death sentences and reducing the number of offences that are punishable by death.

690. Action Canada for Population and Development was deeply concerned that Uganda did not support recommendations to combat and prevent discrimination and social stigmatization, which impact persons with disabilities, persons with albinism, and those on the grounds of real or perceived sexual orientation or gender. It urged Uganda to take steps to guarantee economic, social and cultural rights for all people and called on the Government to honour its commitment made in the Abuja Declaration to increase budget allocations for health and health-related services. It also urged Uganda to amend, pass and implement the School Health Policy.

691. The International Humanist and Ethical Union was disappointed by Uganda’s rejection of recommendations to amend the Public Order Management Act, the Non-Governmental Organisations Act, to ensure free Assembly and Association in line with international human rights standards and of those specifically relating to access to abortion. It urged Uganda to improve law enforcement, the quality of education and to establish clear principles and priorities for the elimination of child sacrifice and ritual murder, including implementing legislation abolishing child sacrifices.

692. The World Alliance for Citizen Participation (CIVICUS) expressed concerns over restrictions on freedom of expression during periods of elections, the physical assault on journalists and threats to those who cover the activities of opposition political parties. CIVICUS was also concerned about the recent attacks on freedom of association exemplified by break-ins into the premises of civil society organisations and that recommendations to amend, repeal or improve such legislation, including the sections of the Non-Governmental Organisations Act of 2016 and the Public Order Management Act of 2013 did not get the full support of the Government.

693. The International Federation for Human Rights Leagues urged Uganda to consider recommendations that seek to implement the Kigula ruling by the Supreme Court to revise legislation that provides for the mandatory death penalty through enactment of the Law Revision (Penalties in Criminal Matters) Miscellaneous Amendments Bill 2015. It further urged Uganda to consider recommendations that seek to protect the rights to liberty and freedom of expression, association and assembly as recognized in the Constitution, by an amendment of the Public Order Management Act or adoption of regulations and cease the harassment of political activists, human rights defenders and journalists.

694. Rencontre Africaine pour la defense des droits de l'homme (RADDHO) deplored the discrimination and social stigmatization, in particular of persons with disabilities, persons with albinism and same-sex relationships between consenting adults. RADDHO urged the revision of the Public Order Management Act to guarantee an adequate use of force and dismantle the disciplines which allow public authorities to ban peaceful protests. It stressed the need to ratify the Optional Protocol to the Convention against Torture and that a formal moratorium on the death penalty with the aim of abolishing capital punishment should be adopted.

695. The Lutheran World Federation noted that it has submitted a parallel report with its partners, outlining some of the challenges refugees face around access to justice, child rights, right to education, rights of persons with disabilities and women rights and was glad to see that related-recommendations enjoyed the support of the Government. It further reiterated its support and desire to collaborate with the Government of Uganda to ensure a swift implementation of the recommendations made.

696. Human Rights Watch was of the view that in practice, the Government displayed limited commitment to protecting freedom of expression, association, and assembly. It noted that State violence, including torture and extrajudicial killings occur without investigation and that many abuses were evident during the 2016 elections, where concerns were voiced, that the elections were neither free nor fair. It stated that at least 600 people, including children, have been killed by the military in Kasese, Western Uganda.