36/16 Report of the Working Group on the Universal Periodic Review - South Africa

GE.17-12125(E)



Human Rights Council Thirty-sixth session

11-29 September 2017

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

South Africa

* The annex is being issued without formal editing, in the language of submission only.

United Nations A/HRC/36/16

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-seventh session from 1 to 12

May 2017. The review of South Africa was held at the 16th meeting, on 10 May 2017. The

delegation of South Africa was headed by the Deputy Minister for Justice and

Constitutional Development, John Jeffery. At its 18th meeting, held on 12 May 2017, the

Working Group adopted the report on South Africa.

2. On 13 February 2017, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of South Africa: Burundi, Germany and Iraq.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of South Africa:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/27/ZAF/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/27/ZAF/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/27/ZAF/3).

4. A list of questions prepared in advance by Belgium, Czechia, Germany, Mexico, the

Netherlands, Norway, Slovenia, Spain, Sweden and the United Kingdom of Great Britain

and Northern Ireland was transmitted to South Africa through the troika. These questions

are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The Deputy Minister for Justice and Constitutional Development introduced the

report of South Africa to the Working Group, highlighting the implementation of

recommendations and the development of human rights during the period under review.

6. In its final report on the Millennium Development Goals, South Africa stressed that

the country had made considerable progress, in particular in the area of socioeconomic

rights. Nonetheless, many challenges persisted, including poverty among vulnerable

groups. Moreover, as global economic growth had remained weak, much had to be

accomplished within budgetary constraints. The national development plan, which was also

known as “Vision 2030” and would guide the country’s development and budgeting for the

next 15 years, factored in the 17 Sustainable Development Goals. The national

development plan reflected the commitment of South Africa to improving the lives of the

poor and the marginalized.

7. Regarding recommendations received during the previous cycle of the universal

periodic review, South Africa had ratified the International Covenant on Economic, Social

and Cultural Rights in 2015 and submitted its initial report under the Covenant in 2017.

8. Additionally, in 2013, the Prevention and Combating of Torture of Persons Act had

been enacted, giving effect to the obligations of South Africa under the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. With regard to

the Optional Protocol to the Convention against Torture, before ratification could be

considered, an agreement on the structure and the location of the national preventive

mechanism had to be reached. Discussions with the South African Human Rights

Commission regarding that issue, including on funding, were currently under way.

9. Also in 2013, South Africa had passed the Prevention and Combating of Trafficking

in Persons Act. The Act addressed trafficking in a comprehensive manner, when previously

the issue had been dealt with in a fragmented manner.

10. With regard to the recommendations to criminalize hate speech and related hate

crimes, in October 2016 the Cabinet had approved the publication of the Prevention and

Combating of Hate Crimes and Hate Speech Bill for public comment. The Bill would

establish the offences of hate crimes and hate speech. According to the Bill, a hate crime

would have occurred when someone commits any recognized offence when motivated by

unlawful bias, prejudice or intolerance based on race, gender, sex, ethnic or social origin,

colour, sexual orientation or gender identity, religion, belief, culture, language, birth, HIV

status, nationality, albinism, occupation or trade. In addition, the crime of hate speech had

been included in the Bill more recently, in response to the increase in racist incidents that

had taken place over the past few years.

11. The Bill had been the object of an intense participatory process and debate.

Comments received indicated that there was extensive support for the inclusion of hate

crimes in the law. However, concerns were raised that a definition of hate speech could

restrict the right to free speech or the right to freely practice religion. The delegation of

South Africa recalled, however, that the right to free speech must be balanced and was not

unlimited. The Bill would shortly be returned to the Cabinet for discussion and be tabled in

Parliament.

12. With regard to the right to privacy in the digital age, including communication

surveillance, oversight, data protection and proposed legislation, oversight mechanisms to

ensure that a person’s right to privacy was not unlawfully infringed already existed. In

particular, the Information Regulator had been created by the new Protection of Personal

Information Act.

13. New legislation to enhance cybersecurity needed to be developed, as extensive

technological advances had led to a greater risk of cybercrime. There were a number of

misconceptions regarding the new Cybercrime and Cybersecurity Bill. For example,

additional structures to be established by the Bill would not give powers to the State

Security Agency to control the Internet, nor any powers to censor or suppress what could be

accessed, published or viewed on the Internet, nor to monitor communications without

judicial sanction. Additionally, it was recalled that South Africa was a constitutional

democracy; all legislative provisions were measured against the Constitution and, if found

wanting, would be ruled unconstitutional. Details on existing civilian oversight of the

security services by the Office of the Inspector-General of Intelligence were provided.

14. In reply to advance questions on the Life Esidimeni incident, the delegation stated

that the Ministry of Health had requested the Health Ombudsman to investigate the tragic

deaths of 96 mental health patients after they had been transferred into the care of non-

governmental organizations. The Ombudsman’s recommendations were being rigorously

implemented to prevent similar incidents from recurring.

15. With regard to the issue of immigration, the delegation stated that the resurfacing of

attacks on some categories of foreign nationals was in conflict with the country’s

philosophy of humanity and the Constitution. The attacks had required interventions at the

policy level, through community engagement and crime prevention. The Special Reference

Group on Migration and Community Integration in Kwa-Zulu Natal, headed by the former

United Nations High Commissioner for Human Rights, Navi Pillay, had been set up. A key

finding of the Group had been that attacks on foreign nationals were a direct result of

increasing competition for scarce resources. It was therefore important to enhance

cooperation on the continent in order to ensure regular and orderly migration.

16. The Government had developed a draft national action plan to combat racism, racial

discrimination, xenophobia and related intolerance in collaboration with various

stakeholders, to provide a basis for the development of a comprehensive public policy

against those scourges. The consultation process on the draft action plan had been

completed in October 2016 and it was the Government’s aim to finalize the action plan by

September 2017.

17. The delegation provided information on legislative reforms undertaken to address

gender and sexual violence and reported that a national task team had been established to

counter discrimination based on sexual orientation and gender identity against members of

the lesbian, gay, bisexual, transgender and intersex community.

18. With regard to health care, South Africa had adopted a multisectoral approach to

fighting HIV/AIDS that included voluntary counselling and testing, prevention of mother-

to-child transmission, antiretroviral therapy, condom distribution and awareness-raising.

The number of persons living with HIV/AIDS had stabilized and the rate of HIV infection

had declined each year. The number of AIDS-related deaths had declined consistently since

2006 and could be attributed to the increased availability of antiretroviral therapy.

B. Interactive dialogue and responses by the State under review

19. During the interactive dialogue, 102 delegations made statements.

Recommendations made during the dialogue are to be found in section II of the present

report.

20. Bangladesh commended South Africa for combating discrimination and for the

adoption of legislation in line with United Nations conventions.

21. Belgium, while welcoming the steps taken to implement recommendations from the

previous cycle of the universal periodic review, noted the existence of a number of

concerns.

22. The Plurinational State of Bolivia welcomed the progress made in terms of access to

water and food, and the support given by South Africa to the development of a declaration

on the rights of peasants.

23. Botswana welcomed the progressive Constitution of South Africa and efforts made

to overhaul the education system with a view to increasing access.

24. Brazil was concerned at the deaths of persons with psychosocial disabilities in

institutions and encouraged South Africa to take steps to ensure full protection of their

rights.

25. Burkina Faso invited South Africa to redouble efforts at the national level to fight

racism and xenophobia against migrants, asylum seekers and refugees and to consider

strengthening its legal framework on the issue.

26. Burundi welcomed the policies of South Africa to guarantee the right to education

for all and the adoption of legislation to prevent and combat torture.

27. Cabo Verde noted measures implemented by South Africa to combat torture,

trafficking in persons and racial discrimination.

28. Canada urged South Africa to ensure that all law enforcement officials had adequate

training in human rights and public order policing.

29. The Central African Republic encouraged South Africa to extend the process of

drafting the national action plan against racism to include xenophobia.

30. Chad applauded the adoption of the national development plan, which illustrated the

commitment of South Africa to eliminating poverty and reducing inequality.

31. Chile praised the adoption of the draft national action plan to combat racism, racial

discrimination, xenophobia and related intolerance.

32. China welcomed efforts to eliminate racial barriers, promote social inclusion and

reduce poverty, as well as to pay attention to vulnerable people.

33. The Congo praised the progress made in health, education, water and access to

affordable housing and encouraged South Africa to implement its national development

plan.

34. Côte d’Ivoire welcomed the commitment of South Africa to protecting human rights

and the adoption of legislation on torture and trafficking in persons.

35. Cuba highlighted the programme to transform the economy, increase employment

and reduce inequality and the commitment of South Africa to public health.

36. Czechia welcomed the enactment of the Prevention and Combating of Torture of

Persons Act, which criminalized torture.

37. The Democratic People’s Republic of Korea commended South Africa for the

progress made in education, health care and child protection.

38. Denmark commended South Africa for the development of a national youth policy

and the establishment of the South African Youth Council and the National Youth

Development Agency.

39. Djibouti congratulated South Africa for making progress in the reduction of poverty

and showing leadership in the implementation of the Durban Declaration and Programme

of Action.

40. Ecuador acknowledged the efforts to ensure the rights of communities affected by

mining activities and the leadership shown on business and human rights.

41. Estonia encouraged South Africa to continue supporting the fight against impunity,

as a party to the Rome Statute of the International Criminal Court.

42. Ethiopia commended South Africa for its active participation at the subregional,

regional and international levels, including in the Human Rights Council.

43. Finland commended South Africa for inviting the Special Rapporteur on violence

against women, its causes and consequences, to visit the country in 2015 and encouraged it

to make amendments to the Protection of State Information Bill with a view to guaranteeing

the right to access to information and freedom of expression.

44. France encouraged South Africa to implement the recommendations accepted during

previous cycles of the universal periodic review.

45. Georgia welcomed efforts to eliminate poverty and encouraged South Africa to

continue its efforts to build an inclusive society.

46. Germany commended South Africa for its progress in reducing child and maternal

mortality.

47. Ghana encouraged South Africa to implement the Prevention and Combating of

Torture of Persons Act and urged it to take steps to ratify and implement the Optional

Protocol to the Convention against Torture and to carry out open and transparent

consultations, including with civil society, aimed at establishing an independent national

preventive mechanism to monitor all places of detention in accordance with the country’s

obligations under the Convention against Torture.

48. Greece noted the adoption of the Labour Relations Amendment Act and the

enactment of the Prevention and Combating of Torture of Persons Act.

49. Guatemala was concerned at reports of acts of discrimination, xenophobia and

racism against refugees, asylum seekers and migrants.

50. Haiti made recommendations.

51. The Holy See noted the adoption of the Prevention and Combating of Trafficking in

Persons Act and progress achieved regarding health care.

52. Honduras welcomed efforts to ratify human rights instruments and invited South

Africa to continue to combat discrimination.

53. Hungary welcomed the ratification of the Covenant on Economic, Social and

Cultural Rights and hoped that South Africa would remain a State party to the Rome

Statute.

54. Iceland asked what action was being taken to tackle the stigma of abortion and to

inform women and girls about reproductive health-care services.

55. Indonesia commended South Africa for adopting the national development plan

“Vision 2030”, aimed at eliminating poverty.

56. The Islamic Republic of Iran acknowledged the efforts of South Africa in addressing

inequality, poverty and unemployment.

57. Iraq commended efforts made by South Africa, including the enactment of the South

African Human Rights Commission Act of 2013.

58. Ireland was concerned at the prevalence of gender-based and sexual violence in

South Africa.

59. Israel was concerned, inter alia, at the rise in hate crimes and hate speech in South

Africa.

60. Italy appreciated the challenges faced by South Africa and welcomed new

legislation addressing torture and trafficking in persons.

61. Japan expected that South Africa would continue its efforts to address racism and

anti-foreigner sentiment.

62. Kenya commended efforts by South Africa to implement the recommendations from

the previous cycles of the universal periodic review.

63. Lebanon appreciated the efforts of South Africa in combating xenophobic crimes

and adopting legislation relevant to this aim.

64. Lesotho recognized the commitment of South Africa to protecting human rights, as

exemplified by the consultations with stakeholders on its migration policy. It appreciated

initiatives taken to quell violence and discrimination and noted measures taken to fulfil

citizens’ rights to adequate housing.

65. Libya appreciated the ratification of the International Covenant on Economic, Social

and Cultural Rights and the efforts of South Africa in combating HIV/AIDS.

66. Liechtenstein supported South Africa remaining a State party to the Rome Statute of

the International Criminal Court.

67. Madagascar noted the progress achieved by South Africa since the first cycle of the

universal periodic review, including the legislation to prevent and combat torture.

68. Malaysia noted efforts such as the Socioeconomic Justice for All programme and

various forms of technical assistance and capacity-building.

69. Mauritania expressed its conviction that South Africa would continue to strengthen

its cooperation with the treaty bodies and the special procedures.

70. Mauritius welcomed the draft national action plan to combat racism, racial

discrimination, xenophobia and related intolerance and draft legislation on hate crimes and

hate speech.

71. Mexico recognized the achievements of South Africa, inter alia, in achieving

inclusive education for persons with disabilities.

72. Mongolia welcomed the adoption of relevant legislation and noted advances made in

improving living standards and on children’s rights.

73. Montenegro asked South Africa about future activities to prevent and eradicate

corporal punishment of children in all settings.

74. Mozambique welcomed progress made in terms of access to safe drinking water,

poverty reduction and the health and education sectors.

75. Namibia commended South Africa for the ratification of several international human

rights instruments since the previous cycle of the universal periodic review.

76. While appreciating legislation to prohibit discrimination on the basis of sexual

orientation, the Netherlands noted persisting violence against lesbian, gay, bisexual,

transgender and intersex people.

77. The Niger welcomed the adoption of the national development plan “Vision 2030”

and the creation of several human rights institutions.

78. Spain welcomed draft legislation on hate crimes and hate speech and the action plan

against racism.

79. Pakistan noted the increase in the education budget and the adoption of the

Employment Equity Amendment Act.

80. Peru highlighted the 20 per cent budget allocation to education by South Africa and

progress in the participation of the black population in public affairs.

81. The Philippines praised the national development plan and the pro-poor education

budget, which had increased through the years.

82. Poland appreciated efforts to maintain social cohesion and to address social

inequalities inherited from the past.

83. Portugal was concerned at reports of obstacles to birth registration and at

discrimination and violence against persons with albinism.

84. The Republic of Moldova appreciated efforts to improve access to education,

particularly through the allocation of 20 per cent of the South African budget to education.

85. The Russian Federation commended South Africa for its efforts to provide access to

health care, especially immunization, to fight HIV/AIDS and to make progress in primary

and secondary education.

86. Rwanda encouraged South Africa to combat sexual and gender-based violence

through the implementation of relevant laws to ensure justice for victims.

87. Senegal welcomed the implementation of policies, such as the social package, aimed

at reducing the cost of living for disadvantaged persons.

88. In response to questions raised regarding gender-based violence and sexual offences,

the delegation recalled that the Government had undertaken various initiatives and provided

detailed information on them. For example, it had set up an interministerial committee to

investigate the root causes of gender-based and sexual violence, expanded the reach of

specialized courts, established specialized health-care facilities known as “Thuthuzela care

centres” and amended its legislation. With regard to questions on ukuthwala, the delegation

explained that there was debate on whether the practice as a whole was a problem.

Nonetheless, it was highlighted that the Prevention and Combating of Trafficking in

Persons Act specified that conducting a forced marriage for the purpose of exploitation was

a crime and that any such cases of forced marriage could be prosecuted under the Act.

89. On the ratification of the Optional Protocol to the Convention against Torture, the

delegation recalled that discussions on the national preventive mechanism were still taking

place and provided additional information on a number of initiatives that were being carried

out regarding the rights of persons deprived of their liberty.

90. With regard to the issue of lesbian, gay, bisexual, transgender and intersex people, it

was highlighted that discrimination based on sexual orientation and gender identity was

unlawful in the country. Equality courts, which were civil, not criminal, courts, could

receive complaints regarding allegations of discrimination on the basis of a whole range of

criteria, including sexual orientation.

91. The delegation noted that not many criminal cases related to albinism had been

registered but that, given the potential for challenges to arise, it had been included as one of

the prohibited grounds in the Prevention and Combating of Hate Crimes and Hate Speech

Bill.

92. Regarding questions on compliance by the traditional courts with international

standards, the delegation recalled that in South Africa any legislation or act that was not in

accordance with the Constitution would be struck down by the Constitutional Court.

Parliament was examining a bill aimed at bringing traditional courts into line with the

Constitution.

93. With regard to questions on the Rome Statute, the commitment of South Africa to

the protection of human rights and the fight against impunity was unwavering. However,

the fact that the country had been involved with the International Criminal Court from its

inception did not imply that South Africa ignored its duty to reflect critically on whether the

Court was successfully addressing war crimes, genocide and crimes against humanity, or

whether it was hampering States in carrying out peace and conflict resolution operations.

Furthermore, there were perceptions of inequality and unfairness relating to the situations

investigated and individuals prosecuted by the Court. The difficult initial decision to

withdraw from the Court had been the result of those reflections and appealed to Member

States to respect and allow national processes to continue to unfold.

94. On questions relating to business and human rights, it was clarified that the

country’s legislative and regulatory framework was relatively well developed and that all

South African businesses were expected to uphold human rights standards. Additionally,

South Africa and Ecuador had launched an initiative aimed at developing a legally binding

instrument to ensure that transnational corporations and other business enterprises were

accountable for human rights violations.

95. With regard to birth registration, the delegation noted that before the advent of

democracy in 1994, only the births of white South Africans were recorded at the time of

birth. Measures to ensure birth registration adopted since then had included, as a temporary

measure, late birth registration. However, birth registration was important for the protection

of children and since 2010 the Government had intensified efforts to ensure early birth

registration.

96. On the issue of refugees and asylum seekers, it was indicated that South Africa was

a party to the 1951 Convention relating to the Status of Refugees. However, the ability to

determine who may enter and exit the country was a core aspect of national sovereignty and

the new draft policy on the issue of migration balanced the imperatives of national security,

economic development and international and constitutional obligations.

97. The Government was still considering whether to ratify the 1954 Convention

relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of

Statelessness. It had actively participated in both international and regional processes

relevant to the issue and had enacted legislation that was consistent with the spirit and the

letter of those instruments.

98. On the policing of demonstrations and gatherings, the delegation explained that the

law guaranteed the right to protest peacefully. Nonetheless, a commission that had been

established to look into the Marikana incident had recommended that a group of experts be

appointed to make recommendations on the policing of demonstrations. The group had

been appointed and the Government was awaiting its recommendations.

99. South Africa had developed a specific policy on teenage pregnancy and provided

details in that regard, stressing that the policy affirmed the constitutional right of pregnant

learners to continue and to complete their basic education without discrimination. As for

sexual violence in schools, various policy measures had been implemented to ensure the

safety of all learners in schools and detailed information regarding such measures had been

provided.

100. Serbia welcomed the institutional and policy measures related to children’s rights

and commended South Africa for the reduction in infant and child mortality.

101. Sierra Leone noted the multisectoral five-year plan to address HIV/AIDS as well as

the ongoing prevention, treatment and care programmes.

102. Singapore commended South Africa for its sustained efforts to transform its

education sector by increasing access to education, including for persons with disabilities.

103. Slovenia encouraged South Africa to ratify the optional protocols to the International

Covenant on Economic Social and Cultural Rights and the Convention against Torture.

104. South Sudan welcomed efforts to improve standards of living and housing by

prioritizing access to water and sanitation.

105. Norway noted that since the end of apartheid South Africa had strongly supported

the international human rights system.

106. Sri Lanka noted the progress made in improving maternal mortality and life

expectancy and the measures taken to expand access to education.

107. The State of Palestine noted the development of a national plan to combat racism,

racial discrimination, xenophobia and related intolerance.

108. The Sudan appreciated the adoption of the national development plan and the

drafting of a national action plan to combat racism, racial discrimination and related

intolerance.

109. Sweden commended South Africa for accepting most of the recommendations

arising from the second cycle of the universal periodic review.

110. Switzerland expressed concern about the increase in the number of cases of torture

reported by the Independent Police Investigative Directorate.

111. Thailand welcomed the steps taken to address xenophobia and hate crimes,

including the adoption of relevant laws.

112. Timor-Leste welcomed the enactment of the South African Human Rights

Commission Act and the Prevention and Combating of Trafficking in Persons Act.

113. Togo appreciated the measures and action taken with a view to eliminating poverty

and reducing inequalities.

114. Tunisia welcomed the efforts made to enhance economic and social rights,

particularly the national development plan, which is aimed at eradicating poverty and

inequality.

115. Turkey drew attention to challenges such as unemployment, poverty and social

inequality, which were directly linked to the increasing crime rates and xenophobia.

116. Uganda noted the Socioeconomic Justice for All programme, as well as its policy on

inclusive education.

117. Ukraine welcomed the steps taken to ensure the right to education for all and combat

different forms of gender-based violence and discrimination.

118. The United Arab Emirates commended South Africa for taking steps to combat

trafficking in persons, including by adopting legislation criminalizing trafficking.

119. The United States of America was concerned that women, girls, migrants and

lesbian, gay, bisexual, transgender and intersex individuals continued to suffer from

violence and societal prejudice.

120. Uruguay welcomed the Prevention and Combating of Hate Crimes and Hate Speech

Bill and measures to ensure access to water and sanitation.

121. The Bolivarian Republic of Venezuela congratulated South Africa for its world

leadership in the application of the Durban Declaration and Programme of Action.

122. Yemen commended South Africa for ratifying the International Covenant on

Economic, Social and Cultural Rights and for enacting legislation against torture.

123. Zambia was concerned about the high prevalence of harmful practices, including

virginity testing, violent or harmful initiation rights and intersex genital mutilation.

124. Zimbabwe noted the ratification of the International Covenant on Economic, Social

and Cultural Rights and the submission of country reports.

125. Albania commended South Africa for the ratification of international instruments

and its commitment to the global system of governance.

126. Algeria commended South Africa for its efforts to combat racism and for drafting a

national action plan on the issue.

127. Angola congratulated South Africa for ratifying the International Covenant on

Economic, Social and Cultural Rights.

128. Argentina congratulated South Africa for adopting its national development plan,

aimed at reducing poverty.

129. Australia encouraged South Africa to continue its efforts to fully implement its

constitutional human rights protections.

130. Austria was concerned about the excessive use of force by security forces,

corruption within the police and violence against women.

131. Azerbaijan commended the adoption of the national development plan and reforms

to ensure the protection of human rights.

132. The Maldives commended efforts to improve access to education for children with

disabilities through the policy on inclusive education.

133. The United Kingdom welcomed the steady implementation of the national

development plan.

134. The delegation recalled that efforts regarding the right to health and particularly

HIV/AIDS had begun to bear fruit, with a reduction in mother-to-child transmissions,

deaths and new infections and an increase in life expectancy.

135. The current rates of maternal mortality had been affected by the high rates of

HIV/AIDS. A number of measures that had been adopted by the Government that should

have a positive impact on maternal mortality.

136. An increasing number of measures had been put into place to deal with corruption,

including proposed legislation to protect whistle-blowers, measures regarding the

prosecution of persons suspected of involvement in such allegations, increased disclosure

measures for senior public officials and institutions charged with addressing the issue.

137. Everyone in the country, including persons with disabilities and migrants, had a

right to basic education. In South Africa, most rights applied to everyone; only a few rights

were denied to foreign nationals.

138. In conclusion, the delegation thanked States for their questions and concerns and for

the attention given to the review. All comments would be carefully considered in the

framework of the universal periodic review process.

II. Conclusions and/or recommendations

139. The following recommendations will be examined by South Africa, which will

provide responses in due time, but no later than the thirty-sixth session of the Human

Rights Council:

139.1 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Burkina Faso) (Niger)

(Uganda) (Philippines) (Sierra Leone);

139.2 Promptly ratify the International Convention on the Rights of All

Migrant Workers and Members of Their Families (Guatemala);

139.3 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Sri Lanka)

(Sudan);

139.4 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Portugal) (Germany) (Sierra Leone);

139.5 Ratify without delay the International Convention for the Protection of

All Persons from Enforced Disappearance (Japan);

139.6 Become a party to the International Convention for the Protection of

All Persons from Enforced Disappearance (Albania) (Central African

Republic) (Iraq);

139.7 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Spain)

(Denmark) (Italy) (Lebanon) (Montenegro) (Senegal) (Burkina Faso)

(Portugal) (Philippines) (Germany);

139.8 Promptly ratify the Optional Protocol to the Convention against

Torture (Guatemala);

139.9 Ratify protocols as committed to, including the Optional Protocol to

the Convention against Torture (Austria);

139.10 Become a party to the Optional Protocol to the Convention against

Torture (Albania) (Togo);

139.11 Ratify the Optional Protocol to the Convention against Torture, signed

in 2006 (Brazil);

139.12 Continue to take measures to prevent torture and other forms of ill-

treatment, including steps towards the ratification of the Optional Protocol to

the Convention against Torture (Georgia);

139.13 Intensify its efforts to ratify the Optional Protocol to the Convention

against Torture, including by holding multi-stakeholder consultations on a

possible national preventive mechanism model most suitable for South Africa

(Rwanda);

139.14 Ratify the Optional Protocol to the Convention against Torture with a

view to establishing a national preventive mechanism against torture (Chile);

139.15 Ratify the Optional Protocol to the Convention against Torture and

establish a national preventive mechanism (Hungary);

139.16 Ratify, before the next cycle of the universal periodic review, the

Optional Protocol to the Convention against Torture and adopt measures to

improve access to justice, redress and rehabilitation for victims of torture

(Czechia);

139.17 Take all necessary measures to ensure that all reports of ill-treatment

and torture in prisons and centres of detention are adequately investigated and

ratify the Optional Protocol to the Convention against Torture (Estonia);

139.18 Ratify the Optional Protocol to the Convention against Torture, to

open up for international inspection its places of detention (Norway);

139.19 Ratify the Optional Protocol to the International Covenant on

Economic Social and Cultural Rights (Spain) (Philippines) (Portugal);

139.20 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Spain) (Portugal) (Montenegro);

139.21 Ratify the 1954 Convention relating to the Status of Stateless Persons

and the 1961 Convention on the Reduction of Statelessness (Belgium)

(Germany);

139.22 Accede to and implement the 1954 and 1961 statelessness conventions

(Kenya);

139.23 Accede to the 1954 Convention relating to the Status of Stateless

Persons and the 1961 Convention on the Reduction of Statelessness (Australia);

139.24 Promptly ratify the Indigenous and Tribal Peoples Convention, 1989

(No. 169), of the International Labour Organization (ILO) (Guatemala);

139.25 Strengthen domestic efforts to tackle modern slavery of children and

rural workers, including through ratification of the ILO Protocol of 2014 to the

Forced Labour Convention, 1930 (United Kingdom of Great Britain and

Northern Ireland);

139.26 Ratify the Kampala amendments to the Rome Statute of the

International Criminal Court on the crime of aggression (Liechtenstein);

139.27 Reconsider the announcement of its possible withdrawal from the

Rome Statute (Peru);

139.28 Reconsider the decision to withdraw from the Rome Statute of the

International Criminal Court (Greece);

139.29 Uphold its commitment to and obligations under the Rome Statute of

the International Criminal Court (Czechia);

139.30 Continue its active engagement with the United Nations human rights

mechanisms (Azerbaijan);

139.31 Facilitate the visit of the Special Rapporteur on contemporary forms of

racism, racial discrimination, xenophobia and related intolerance (Congo);

139.32 Accept the request for a visit by the Special Rapporteur on the human

right to safe drinking water and sanitation (Uruguay);

139.33 Establish a standing interministerial committee to improve

coordination in relation to human rights reporting and follow up on the

implementation of recommendations (Ireland);

139.34 Adopt an open, merit-based selection process when selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

139.35 Ensure sufficient resources to the so-called chapter 9 institutions,

which, as independent oversight bodies, serve a crucial purpose in upholding

the rule of law and good governance (Finland);

139.36 Continue strengthening the national human rights institutions of South

Africa in accordance with its Constitution in order for them to be able to

exercise their powers and execute their functions impartially and independently

(Indonesia);

139.37 Provide adequate financial resources to the South African Human

Rights Commission to enable it to carry out its work (Uganda);

139.38 Establish an effective and independent national mechanism for the

prevention of torture according to the criteria of the Optional Protocol to the

Convention against Torture (Switzerland);

139.39 Develop an independent child rights monitoring mechanism and

allocate adequate financial resources to ensure effective implementation of the

relevant international obligations (Mongolia);

139.40 Continue to adequately fund the medium-term strategic framework

and to refine its consolidated planning, monitoring and evaluation mechanisms

to support the Framework’s effective implementation (Singapore);

139.41 Commit to procurement and e-governance reforms, including the full

implementation of the Open Government Partnership national action plan and

a permanent dialogue mechanism with civil society (United States of America);

139.42 Pursue initiatives within the framework of the Durban Declaration and

Programme of Action (Ecuador);

139.43 Expedite implementation of the Prevention and Combating of Hate

Crimes and Hate Speech Bill and of a national action plan to combat racism,

racial discrimination, xenophobia and related intolerance (Spain);

139.44 Expedite the adoption of the Prevention and Combating of Hate

Crimes and Hate Speech Bill (Madagascar);

139.45 Expedite the adoption of the Prevention and Combating of Hate Crime

and Hate Speech Bill, ensuring a strong legal framework against such crimes

(Norway);

139.46 Complete the process of adopting the Prevention and Combating of

Hate Crimes and Hate Speech Bill (Cuba);

139.47 Expedite the legislative process related to the draft national action plan

to combat racism, racial discrimination, xenophobia and related intolerance

(Turkey);

139.48 Continue efforts to combat racial discrimination and hate speech,

accelerate the enactment of the law concerning hate crimes and hate speech,

which has been presented for general comments (Tunisia);

139.49 Adopt the law of 2016 on prevention and combating of hate crimes and

hate speech and work towards disseminating a culture of coexistence and

enhancing the values of tolerance (United Arab Emirates);

139.50 Ensure that the Prevention and Combating of Hate Crimes and Hate

Speech Bill is in conformity with the International Convention on the

Elimination of All Forms of Racial Discrimination and make every effort to

expedite its enactment (Uruguay);

139.51 Continue to combat hate crimes and hate speech, and ensure that the

provisions of the Prevention and Combating of Hate Crimes and Hate Speech

Bill cannot be used to restrict the rights to freedom of expression and religion

(Estonia);

139.52 Ensure proper implementation of the Prevention and Combating of

Hate Crimes and Hate Speech Bill and the draft national action plan to combat

racism, racial discrimination, xenophobia and related intolerance, once

adopted (Republic of Moldova);

139.53 Expedite the approval of the draft national action plan to combat

racism, racial discrimination, xenophobia and related intolerance, by the

relevant organ, and allocate proper resources for its implementation

(Ethiopia);

139.54 Accelerate procedures for adopting the draft national action plan to

combat racism, racial discrimination, xenophobia and related intolerance

(Togo);

139.55 Consolidate the draft national action plan to combat racism, racial

discrimination, xenophobia and related intolerance (Bolivarian Republic of

Venezuela);

139.56 Continue efforts to finalize the draft national action plan to combat

racism, racial discrimination, xenophobia and related intolerance (Namibia);

139.57 Take all necessary steps to address xenophobia through legislation,

appropriate public awareness programmes and promotion of tolerance and

cultural diversity, and adopt a national action plan to combat racism, racial

discrimination, xenophobia and related intolerance (Sweden);

139.58 Continue to promote the effective implementation of the Durban

Declaration and Programme of Action by the international community, in

order to combat racism (China);

139.59 Engage civil society, activists, non-governmental organizations and the

media to seek common ground on the draft hate crimes bill (United States of

America);

139.60 Strengthen measures to prevent violence against foreigners. These

include comprehensive education and awareness programmes regarding

xenophobia and the rights of migrants, including refugees and asylum seekers,

as well as programmes that promote inclusion (Canada);

139.61 Raise social awareness against any form of xenophobic and racist

thinking and attitudes for the benefit of sustainable development and regional

stability (Hungary);

139.62 Conduct educational campaigns on access to judicial remedies for

racial discrimination (Timor-Leste);

139.63 Heed the recommendation of the Human Rights Committee to

redouble efforts to prevent and eliminate all manifestations of racism and

xenophobia, as well as to improve the policing action in its response to violence

against non-citizens (Honduras);

139.64 Improve police responses to violence against foreigners (Central

African Republic);

139.65 Redouble efforts to prevent and eradicate all manifestations of racism

and xenophobia and improve the policing action in its response to violence

against refugees, asylum seekers and migrants, among others (Guatemala);

139.66 Continue its efforts to prevent and eradicate all manifestations of

racism and xenophobia and to improve policing responses to violence against

non-nationals (State of Palestine);

139.67 Not only work to bring perpetrators to justice, but also establish a

dialogue among relevant stakeholders to address the root causes of xenophobia

(Thailand);

139.68 Prosecute perpetrators of crimes motivated by racial discrimination

and xenophobia and encourage dialogue among communities in conflict

(Central African Republic);

139.69 Take appropriate action to punish people motivated by racial

discrimination and xenophobia (Uganda);

139.70 Ensure the investigation of all incidents of hate crimes and hate speech

and prosecute the perpetrators (Israel);

139.71 Work to hold perpetrators of xenophobic violence to account

(Australia);

139.72 Take proper legal measures, including compensations on the attacks on

foreign nationals resulting in loss of life and damage to property in parts of the

country (Ethiopia);

139.73 Continue efforts to combat all forms of racial discrimination,

xenophobia and racism, in particular with respect to refugees, asylum seekers

and migrants (Senegal);

139.74 Continue its efforts to combat discrimination, xenophobia and racism

against non-citizens (Bangladesh);

139.75 Redouble its efforts to prevent and eliminate all signs of racism and

xenophobia (Central African Republic);

139.76 Fight all forms of xenophobia and reject discrimination against

migrants (Chad);

139.77 Take adequate measures to combat acts of racism and xenophobia

against non-nationals (Congo);

139.78 Strengthen its policy to combat racism, racial discrimination,

xenophobia and related intolerance (Côte d’Ivoire);

139.79 Take all additional measures to prevent and eradicate all

manifestations of any form of racism and xenophobia against non-citizens,

including refugees, asylum seekers and migrants (Greece);

139.80 Take measures to prevent risks of violence against foreigners, migrants

or asylum seekers (France);

139.81 Take all required measures to halt the exploitation of migrants, asylum

seekers and refugees and facilitate their integration into society (Turkey);

139.82 Prevent racial discrimination and other forms of expression with

xenophobic overtones against foreigners (Kenya);

139.83 Strengthen measures to prevent and eradicate all manifestations of

discrimination, xenophobia and violence against foreign nationals (Rwanda);

139.84 Continue its efforts aimed at combating racism and racial

discrimination and xenophobia (Libya);

139.85 Promote dialogue within the communities with a view to face the root

causes of discrimination and violence (Guatemala);

139.86 Exert additional efforts to combat discrimination and xenophobia

(Iraq);

139.87 Step up measures aimed at addressing the systematic attacks on

immigrants (Mozambique);

139.88 Continue to improve socioeconomic development strategies and plans

in order to avoid xenophobia and other forms of intolerance towards foreigners

in South Africa (Ukraine);

139.89 Enhance the prevention, investigation and prosecution of violent

crimes against individuals belonging to vulnerable groups (United Kingdom of

Great Britain and Northern Ireland);

139.90 Consider expanding the policy of affirmative action to the coloured

population (Peru);

139.91 Protect persons with albinism from violence, abduction, discrimination

and stigmatization (Portugal);

139.92 Protect people with albinism (Congo);

139.93 Take measures to protect people with albinism and to develop

educational campaigns to promote tolerance and respect for diversity (Israel);

139.94 Thoroughly investigate and prosecute reported incidents of abductions

and killings of persons with albinism (Sierra Leone);

139.95 Include in its action plans the protection of persons with albinism

(Honduras);

139.96 Strengthen the protection of people with albinism from violence,

abduction, discrimination, stigmatization and related intolerance (Mauritania);

139.97 Engage non-governmental organizations on the lesbian, gay, bisexual,

transgender and intersex task team and update and implement the national

lesbian, gay, bisexual, transgender and intersex strategy (United States of

America);

139.98 Develop policies, plans and information campaigns to eradicate at all

levels stereotypes and discrimination against people based on their sexual

orientation or gender identity, focusing particularly on public officials and

those in charge of law enforcement (Chile);

139.99 Strengthen the protection of lesbian, gay, bisexual, transgender and

intersex persons against stigmatization, harassment and discrimination by

promoting tolerance for sexual diversity and different gender identities and by

clearly classifying acts of violence against these persons as hate crimes

(Belgium);

139.100 Take urgent measures for the investigation and effective punishment

of perpetrators of discrimination and violence against lesbian, gay, bisexual,

transgender and intersex persons (Argentina);

139.101 Take steps to ensure the prevention, investigation and prosecution of

cases of violence against persons based on sexual orientation and gender

identity (Israel);

139.102 Strengthen its system for monitoring, reporting and analyzing crimes

of violence and discrimination against individuals based on grounds of sexual

orientation or gender identity (Netherlands);

139.103 Consider giving priority attention to indigenous peoples, in particular

with reference to language, education and land redistribution (Peru);

139.104 Increase the efficiency and the systematic implementation of the law

on the development of mining resources, in the field of employment, housing,

social development and protection of the environment (Cabo Verde);

139.105 Continue to develop and implement a framework that holds

companies, particularly those in the extractive sector, accountable for the

human rights violations and the environmental degradation caused by their

operations (Philippines);

139.106 Define and enforce regulations to ensure that companies comply with

international and national standards relating to human rights, labour, the

environment and others (Togo);

139.107 Continue to combat violence and crime in large cities (Angola);

139.108 Strengthen its efforts against the excessive use of force by police

forces (Cabo Verde);

139.109 Revise laws and policies regarding public order policing and the use

of force, including lethal force by law enforcement officials (Greece);

139.110 Take further action regarding oversight of and training for security

forces in human rights, including to address violence related to hatred against

foreigners, and make sure security forces carrying out law enforcement duties

comply with United Nations standards (Austria);

139.111 Redouble efforts to reduce the use of excessive force by the police

through a comprehensive effort to educate policemen on proper procedures

and prosecute those law enforcement officials who persist (Iceland);

139.112 Take effective measures to prevent the excessive use of force and to

protect the human rights of persons in detention facilities (Holy See);

139.113 Improve conditions in detention centres and avoid overcrowding, as

well as the detention of migrants (Mexico);

139.114 Ensure that the Independent Police Investigative Directorate

investigates all allegations of torture (Germany);

139.115 Step up its efforts to improve legal aid for destitute people in order to

guarantee access to justice and a fair trial for all (Burundi);

139.116 Ensure that bills relating to traditional courts and traditional leaders

currently under discussion are in conformity with the international

commitments of South Africa (France);

139.117 Continue to pay further attention to improving the rule of law

(Russian Federation);

139.118 Continue its efforts to ensure the right to access to information and

freedom of expression by adopting regulations that would be in accordance

with both the South African Constitution and the international treaties and

commitments of South Africa (Poland);

139.119 Review the current text of the Protection of State Information Bill in

order to remove any limitations on freedom of expression, including the

unwarranted persecution of whistle-blowers (Sweden);

139.120 Continue to revise the Protection of State Information Bill so that it

fully respects international human rights law, in particular the right to freedom

of opinion and expression (Switzerland);

139.121 Safeguard journalists and writers, especially those working for State-

owned media houses or public broadcasters, so they can work freely and

without fear of reprisal for expressing critical opinions or covering subjects

that the Government may find sensitive (Sweden);

139.122 Ensure that all communications surveillance requires a test of

necessity and proportionality (Liechtenstein);

139.123 Take the necessary steps to ensure that all the operations of

intelligence agencies are monitored by an independent oversight mechanism

(Liechtenstein);

139.124 Continue the ongoing efforts to combat human trafficking and

strengthen measures to protect victims of trafficking (Sri Lanka);

139.125 Closely cooperate with relevant governmental and non-governmental

foreign agencies to tackle trafficking in persons and ensure that appropriate

protection is rendered to various groups of victims, including victims who are

foreign nationals (Thailand);

139.126 Continue the efforts aimed at combating trafficking in persons,

particularly women and children, in the framework of enforcing national

legislation and the international conventions that South Africa has ratified

(United Arab Emirates);

139.127 Continue measures to combat trafficking in human beings

(Azerbaijan);

139.128 Continue its efforts to combat trafficking of persons through the

effective implementation of the Prevention and Combating of Trafficking in

Persons Act (Maldives);

139.129 Consider formulating a national plan of action on trafficking, with a

particular focus on data on trafficking in children (Bangladesh);

139.130 Continue to promote sustainable economic and social development,

eradicate poverty and improve people’s living standards (China);

139.131 Build on its rule of law tradition to actively combat corruption and

other obstacles to the economic, social, cultural, civil and political rights of its

people (Norway);

139.132 Continue its efforts to implement measures aimed at the economic

transformation of the country (Pakistan);

139.133 Continue to make efforts for the enjoyment of the rights to work,

health, education and food (Russian Federation);

139.134 Continue strengthening social programmes in the context of nation-

building and social cohesion (Bolivarian Republic of Venezuela);

139.135 Continue its efforts to implement the country’s national development

plan (Pakistan);

139.136 Continue to consolidate the national development plan on the

eradication of poverty (Bolivarian Republic of Venezuela);

139.137 Redouble its efforts to address challenges in terms of economic rights,

namely to reduce unemployment and alleviate poverty (Indonesia);

139.138 Strengthen its policy and programmatic measures aimed at

addressing the big challenges of inequality, poverty and unemployment

(Zimbabwe);

139.139 Redouble efforts to improve access by young people and vulnerable

groups to decent work (Angola);

139.140 Continue programmes to foster economic growth and reduce

unemployment (Russian Federation);

139.141 Continue to ensure effective access to social protection for vulnerable

groups (Madagascar);

139.142 Continue to implement actions aimed at reducing poverty and

inequality (Cuba);

139.143 Strengthen its policy to fight poverty in rural areas (Côte d’Ivoire);

139.144 Continue its poverty reduction policy, particularly for vulnerable

groups in isolated and rural areas (Djibouti);

139.145 Continue its endeavours on development and poverty alleviation

throughout the community, notably for vulnerable groups, such as women and

children (Islamic Republic of Iran);

139.146 Take further steps to improve the conditions of vulnerable categories

of its population, in particular children in poverty, who face food insecurity and

mistreatments, and disabled people, who are still victims of stigmatization and

discrimination (Poland);

139.147 Continue its efforts to eradicate poverty and inequality (Lebanon);

139.148 Continue its efforts to eradicate poverty and social inequality (South

Sudan);

139.149 Continue its efforts to achieve development, the eradication of

poverty and the elimination of racial discrimination (Yemen);

139.150 Continue its efforts aimed at eliminating poverty and reducing

inequality (Azerbaijan);

139.151 Continue to promote rural development policies for the protection of

the rights of peasants and other persons working in rural areas (Plurinational

State of Bolivia);

139.152 Explore the possibility of a universal basic income in place of the

existing social protection system, in consultation with all the stakeholders

(Haiti);

139.153 Expedite the necessary consultative and legislative processes for the

establishment of mandatory retirement benefits for all working persons who

retire due to old age or disability (Mauritius);

139.154 Build on the progress made to provide adequate housing through

such programmes as the integrated human settlements grant and the urban

settlements development grant (Malaysia);

139.155 Continue efforts to ensure that households, schools and health

facilities have access to safe water and sanitation (Djibouti);

139.156 Continue to enhance the realization of the human rights to water and

sanitation, giving special attention to ensuring that all homes, health centres

and educational establishments have safe drinking water and improved

sanitation facilities (Spain);

139.157 Continue efforts to enable all households, schools and health centres

to have access to safe drinking water and sanitation (Uruguay);

139.158 Take all the necessary measures to optimize land distribution, while

implementing a land reform, providing adequate support and training to

beneficiaries, in close consultation with all stakeholders (Haiti);

139.159 Continue taking measures aimed at eliminating historical injustices

and inequalities in all sectors, especially in the health and education sectors, in

order to improve the living standards of all its people (Namibia);

139.160 Continue its efforts to improve the health-care system (Sudan);

139.161 Continue efforts to ensure access to quality health care to all South

Africans in line with efforts to achieve universal health-care coverage by 2030

(Malaysia);

139.162 Strengthen efforts to diminish the gap in health care between rural

and urban areas (Holy See);

139.163 Take effective measures to eliminate the disparity in health-care

provision between rural and urban areas and to improve the quality of health

services across the country, including through the adoption of effective

legislation and amendments on the national health (Maldives);

139.164 Continue to address the issue of maternal mortality (Portugal);

139.165 Consolidate and fully implement programmes for preventing and

eliminating tuberculosis and engage in international cooperation in this regard

(Democratic People’s Republic of Korea);

139.166 Continue its measures to eliminate discrimination and increase its

efforts to tackle HIV infection by ensuring equal access to treatment and

support (Japan);

139.167 Continue its efforts in the fight against HIV by adopting a

comprehensive national policy to deal with the epidemic and diseases that are

sexually transmitted and tuberculosis (Libya);

139.168 Increase its efforts in addressing the HIV epidemic (Turkey);

139.169 Continue programmes to fight HIV/AIDS (Algeria);

139.170 Strengthen national policies in the area of public health coverage,

particularly in the fight against HIV/AIDS in rural areas (Angola);

139.171 Continue implementing measures to prevent HIV/AIDS transmission

(Islamic Republic of Iran);

139.172 Ensure comprehensive sexuality education in the school curriculum,

including on consent, contraception and gender-based violence (Denmark);

139.173 Improve knowledge among health-care workers and adolescents

about sexual and reproductive health and rights, including through

comprehensive sexuality education that involves men and boys (Iceland);

139.174 Prevent unwanted pregnancies as provided under the Choice on

Termination of Pregnancy Act (Iceland);

139.175 Make further efforts to achieve equal and universal access to

education (Democratic People’s Republic of Korea);

139.176 Increase its activities towards the full realization of the right to

education and continue increasing investment in this field (Islamic Republic of

Iran);

139.177 Continue to broaden the scope for access to and quality of public

education, as well as ensuring equal opportunities and leaving no one behind,

from primary through secondary to tertiary level (Botswana);

139.178 Ensure unconditional access to primary, secondary and tertiary

education for all groups of society, irrespective of their socioeconomic situation,

ethnic background or gender (Germany);

139.179 Improve the quality of basic education through programmes to

ensure that teachers have adequate content knowledge and appropriate

training, as well as by prioritizing the most disadvantaged schools in

infrastructure and other improvement programmes (Canada);

139.180 Further increase investment so as to improve education in rural areas

(China);

139.181 Continue to adequately resource its provincial schools building

programme so that more children, particularly those from poor rural

communities, can have access to schools that are safe and adequately equipped

(Singapore);

139.182 Continue its efforts to improve the quality of education, including the

quality and availability of school facilities, educational materials, teaching staff

and curricula, prioritizing the most disadvantaged schools (State of Palestine);

139.183 Take concrete measures to ensure the right to education for all,

focusing on decreasing the level of dropouts and on improving the quality of

education (Republic of Moldova);

139.184 Provide appropriate solutions to the significant decline in the rate of

school attendance in secondary education, especially among girls (Mauritania);

139.185 Prioritize the retention of girls in schools and accord to them the

opportunity and the environment to progress at a par with their male

colleagues (Botswana);

139.186 Continue providing human rights education, in particular through

access to information and promoting existing mechanisms for protection and

reparation (Ecuador);

139.187 Adopt measures to ensure the inclusive education of persons with

disabilities (Israel);

139.188 Prioritize implementing the right to an inclusive basic education for

all children with disabilities (Australia);

139.189 Continue its efforts to combat all forms of discrimination against

women, to fight violence against them and to enhance their presence in higher

decision-making positions (Tunisia);

139.190 Consolidate its ongoing programmes to promote women’s

empowerment and gender equality (Zimbabwe);

139.191 Strengthen its efforts to promote gender equality (Timor-Leste);

139.192 Take urgent measures to repeal laws that discriminate against

women in matters such as marriage and family relations (Argentina);

139.193 Expedite the enactment of the proposed Women Empowerment and

Gender Equality Bill (Maldives);

139.194 Adopt as soon as possible the Women’s Empowerment and Gender

Equality Bill (Spain);

139.195 Step up its fight against gender-based discrimination and violence,

uproot its social acceptability and increase efforts for the protection of its

victims and redress for violations of their rights, as well as efforts on

accountability of perpetrators (Czechia);

139.196 Prevent and combat all forms of discrimination and eliminate

violence against women, including domestic violence (Philippines);

139.197 Reduce violence against women through awareness and mobilization

campaigns to change social norms, significantly strengthen legal accountability

in cases of violence against women and improve national strategic planning to

mobilize resources and improve coordination in combating violence against

women (Canada);

139.198 Implement a national strategy to modify or eradicate, in accordance

with the Convention on the Elimination of All Forms of Discrimination against

Women, harmful practices and stereotypes that discriminate against women

(Uruguay);

139.199 Strengthen efforts to prevent and combat all forms of discrimination

and violence against women, also by adopting and implementing effective

measures on the issue, and ensure that women victims of violence receive

appropriate help and that perpetrators are brought to justice (Italy);

139.200 Work to eradicate harmful cultural or traditional practices against

women and girls by conducting educational campaigns, encouraging reporting

of cases and publically denouncing such practices; by urgently providing an

adequate budget for the implementation of key measures of the Domestic

Violence Act; and by strengthening the systematic and comprehensive

collection of disaggregated data related to the incidence of all forms of violence

against women, including femicide and intimate partner violence, and by using

this data to inform its policy responses and monitoring (Ireland);

139.201 Take all necessary measures to safeguard the full enjoyment of

human rights by women and girls, including by combating sexual and gender-

based violence (Estonia);

139.202 Continue to combat gender-based violence (Djibouti);

139.203 Strengthen efforts undertaken to combat violence against women

(France);

139.204 Conduct a thorough investigation of the root causes of gender-based

violence and base future policy interventions on its results (Norway);

139.205 Strengthen measures to address the serious and ongoing issue of

violence against women, while taking on board the recommendations of the

Special Rapporteur on violence against women, its causes and consequences

(Japan);

139.206 Ensure implementation of the Domestic Violence Act, especially on

violence against women (Namibia);

139.207 Render operational and grant adequate resources to the National

Council against Gender-Based Violence and develop a multisectoral national

strategic plan on this issue (Spain);

139.208 Adopt a comprehensive national plan to address comprehensively the

problem of gender-based violence, whether physical, psychological or sexual,

providing to all relevant public services sufficient resources to implement these

policies, taking into account the specific circumstances of women and girls who

suffer from the most serious vulnerability (Chile);

139.209 Set in place a comprehensive, national coordinated strategy to

address gender-based violence in order to ensure the implementation of the

legal framework and to tackle the high prevalence of sexual and gender-based

violence, including against children (Finland);

139.210 Develop a comprehensive, multisectoral national strategic plan on

gender-based violence (Netherlands);

139.211 Revive efforts to develop a national action plan on combating gender-

based violence (Georgia);

139.212 Revive efforts to develop a national strategic plan on gender-based

violence and ensure appropriate resources for its implementation (Slovenia);

139.213 Adopt additional measures to combat all kinds of gender-based

violence and to enforce the existing legislation on the matter by, inter alia,

promoting awareness campaigns and providing appropriate care to women and

girls victims of violence (Brazil);

139.214 Develop comprehensive policies and programmes on gender-based

violence, including training of security forces, prosecutors and judges in order

to properly deal with those cases (Israel);

139.215 Undertake continued and enhanced efforts to protect and provide

redress to women suffering from violence and to continue raising awareness,

through training and other means, in the judicial system, including to the

police, of the necessity to act against all cases of sexual and gender-based

violence, including on the grounds of real or perceived sexual orientation,

gender identity or expression (Sweden);

139.216 Carry out a national outreach campaign for the elimination of sexual

and gender-based violence which includes information on the rights of victims

(Mexico);

139.217 Increase efforts to guarantee women’s access to justice, protection

and other remedies and put in place stronger mechanisms to protect women

and girls from gender-based violence and provide redress to victims (Austria);

139.218 Deploy the necessary efforts to improve the functioning of the courts

dealing with sexual crimes in the country, while intensifying public awareness-

raising campaigns aimed at reducing the underutilization of these courts

(Haiti);

139.219 Reinforce its efforts to ensure the thorough investigation and

prosecution of crimes of gender-based and domestic violence and guarantee

access to justice for victims (Mongolia);

139.220 Allocate sufficient resources to implement its youth policy to ensure

meaningful use of youth delegates participating in international forums, and

inclusion of youth in rural areas and strengthen political impartiality and

independence of youth representation1 (Denmark);

139.221 Harmonize legislation in order to ensure that the minimum age of

marriage is increased to 18 years for boys and girls, without exception (Haiti);

139.222 Implement the Convention on the Rights of the Child through the

harmonization of its national laws to ensure that the minimum age for

marriage is established at 18 years for both girls and boys and remove barriers

to birth registration (Kenya);

139.223 Increase the age of marriage to 18 years for both boys and girls and

harmonize legislation to this effect (Sierra Leone);

139.224 Harmonize the South African legislation to ensure that the minimum

age for marriage is established at 18 years for both boys and girls (Zambia);

139.225 Ensure in national legislation that the minimum age for marriage is

18 years for both girls and boys and take all necessary measures to prevent and

eliminate child sex tourism and exploitation of child labour (Slovenia);

139.226 Revise the Children’s Act in order to set the minimum age for

marriage to 18 years for both boys and girls (Belgium);

139.227 Take all necessary measures to end sexual and gender-based violence,

especially by developing adequate gender-sensitive training programmes for

law enforcement agencies, the national prosecuting authority and judicial

officers and by adopting specific legislation addressing the practice of

ukuthwala (child marriage) (Germany);

1 The recommendation as read during the interactive dialogue: “Allocate sufficient resources to

implement its youth policy to ensure meaningful use of youth delegates, inclusion of youth in rural

areas and strengthen political impartiality and independence of youth representation (Denmark)”.

139.228 Develop specific measures to educate society and enforce existing

legislation addressing the practice of ukuthwala and other customary practices

leading to forced and child marriages (Hungary);

139.229 Continue efforts to combat sexual violence against children (Algeria);

139.230 Steps up its efforts to prevent harmful practices carried out on

children (Timor-Leste);

139.231 Amend the Children’s Act with the aim of prohibiting virginity tests

on children, irrespective of their age (Zambia);

139.232 Make additional efforts to combat child labour and guarantee

children the enjoyment of the rights that are guaranteed to them in accordance

with international standards (Iraq);

139.233 Adopt legislation to prohibit all forms of corporal punishment in the

private sphere (Israel);

139.234 Expedite the adoption of legislation to prohibit all forms of corporal

punishment in the home, including “reasonable chastisement”, and ensure that

those who perpetrate corporal punishment are held accountable

(Liechtenstein);

139.235 Ensure registration of all children at birth as well as delayed

registration of children who have not been registered at birth (Czechia);

139.236 Further engage in facilitating administrative procedures for birth

registration, especially for disadvantaged children coming from rural and poor

areas (Serbia);

139.237 Review and amend all legislation and regulations relevant to birth

registration and nationality to ensure their full conformity with the Convention

on the Rights of the Child (Albania);

139.238 Review and amend all legislation and regulations relevant to birth

registration and nationality to ensure their full conformity with the Convention

on the Rights of the Child (Liechtenstein);

139.239 Review its relevant legislation and regulations on birth registration to

ensure their full conformity with the Convention on the Rights of the Child

(Portugal);

139.240 Ensure birth registration of all children born on South African

territory, regardless of the immigration status or nationality of the parents

(Mexico);

139.241 Amend legislation and regulations in order to ensure universal birth

registration for children born in its territory (Turkey);

139.242 Continue ensuring that unaccompanied migrant children entering

South Africa are kept in child and youth care centres and treated as children in

need of care and protection (Holy See);

139.243 Refrain from depriving citizenship through the blocking of identity

documents and establish a dedicated procedure to identify stateless persons

(Hungary).

140. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of South Africa was headed by Mr. John Jeffery, Deputy Minister, of

Justice and Constitutional Development and composed of the following members:

• Mr. L Landers, Deputy Minister, Department of International Relations and

Cooperation;

• H.E. Ms. Nozipho Mxakato-Diseko, Ambassador/ Permanent Representative,

Permanent Mission of South Africa to the UN Geneva;

• Ms. Ncumisa Notutela, Deputy Permanent Representative, Permanent Mission of

South Africa to the UN in Geneva;

• Ms. Tsholofelo Tsheole, Counsellor: Political South African Permanent Mission

Geneva;

• Dr. Clinton Swemmer, Counsellor: Political South African Permanent Mission

Geneva;

• Ms. Yatasha Naidoo, First Secretary, Political South African Permanent Mission

Geneva;

• Ms. Sibongile Rubushe, Counsellor Political;

• Ms. Mpho Somhlaba, First Secretary Political;

• Dr. Lindiwe Makubalo, Minister: Health;

• Mr. Kgomotso Letoaba, Minister: Labour;

• Mr. Zahir Amien, Director/ Head of Office Department of International Relations

and Cooperation South Africa;

• Adv. E. Picara, Chief Director: International Legal Relations, South Africa;

• Adv. Ooshara Sewpaul, Deputy Chief State Law Adviser Department of Justice and

Constitutional Development, South Africa;

• Ms. C Noah, Deputy director (Mutilateral) Department of Arts & Culture, South

Africa;

• Ms. L Graham, Chief Director, International Relations Department of Arts &

Culture, South Africa;

• Mr. R Bester, Chief Director, International Relations Department of Cooperative

Governance & Traditional Affairs, South Africa.