37/12 Report of the Working Group on the Universal Periodic Review - Switzerland

GE.17-23483 (E) 030118 030118



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Switzerland

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

United Nations A/HRC/37/12

General Assembly Distr.: General 29 December 2017

English

Original: English/French

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Introduction

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

with Human Rights Council resolution 5/1, held its twenty-eighth session from 6 to 17

November 2017. The review of Switzerland was held at the 7th meeting, on 9 November

2017. The delegation of Switzerland was headed by the Secretary of State at the Federal

Department of Foreign Affairs of Switzerland, Pascale Baeriswyl. At its 14th meeting, held

on 14 November 2017, the Working Group adopted the report on Switzerland.

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

rapporteurs (troika) to facilitate the review of Switzerland: Ghana, the Philippines and

Slovenia.

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 Switzerland:

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

paragraph 15 (a) (A/HRC/WG.6/28/CHE/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.6/28/CHE/2);

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

(A/HRC/WG.6/28/CHE/3).

4. A list of questions prepared in advance by Belgium, Brazil, Norway, Portugal,

Slovenia, Sweden, the United Kingdom of Great Britain and Northern Ireland, the United

States of America and Uruguay was transmitted to Switzerland 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 Swiss delegation emphasized that the preparatory work for the drafting of the

report had been carried out in close consultation with the cantons and non-governmental

players.

6. In respect of the commitments made during the second cycle of the universal period

review, Switzerland had ratified the Convention on the Rights of Persons with Disabilities;

the International Convention for the Protection of All Persons from Enforced

Disappearance; the International Labour Organization (ILO) Domestic Workers

Convention, 2011 (No. 189); and the Optional Protocol to the Convention on the Rights of

the Child on a communications procedure. It had notified the Secretariat of the United

Nations of the withdrawal of its reservation to article 16 of the Convention on the

Elimination of All Forms of Discrimination against Women.

7. Switzerland had ratified nine treaties of the Council of Europe. The ratification

process for the Council of Europe Convention on Preventing and Combating Violence

against Women and Domestic Violence was under way.

8. Switzerland recognized the need to set up a national human rights institution. It was

preparing the legal basis for such an institution and a final bill would be put before

Parliament in 2018.

9. The policy of open integration and coexistence that was a feature of the country was

based on active work to combat all forms of discrimination. Current laws, notably the

provisions of public law, and the related case law afforded broad protection against

discrimination. A number of bodies were working together to combat racial discrimination

and that objective was included in cantonal integration programmes.

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10. In respect of racial profiling, the training given to police officers included modules

on human rights, ethics and racial discrimination. Checks and arrests were supervised and

there were complaints mechanisms that could be used if a police officer was involved in

racist aggression.

11. In the area of migration, Switzerland offered good conditions to migrants in a

regular situation, as well as the necessary protection for refugees. In 2016, a new asylum

law had been adopted to speed up individual asylum proceedings and to give asylum

seekers better legal protection by establishing the right to free legal advice and

representation.

12. The use of force during deportations had evolved since 2015 and it was no longer

systematic practice to use restraints on deportees. Since 2012, all deportations by air had

been observed by the National Commission for the Prevention of Torture.

13. On human trafficking, Switzerland had adopted a new national action plan for the

period 2017–2020. In 2017, it had ratified the 2014 Protocol to the ILO Forced Labour

Convention, 1930 (No. 29) and it had taken part in police coordination and cooperation on

human trafficking in the framework of the European Police Office (Europol) and the

International Criminal Police Organization (INTERPOL).

14. The rules governing the relationship between the Church and the State were guided

by the principle that the State protected not religions or religious communities but, rather,

persons who were victims of discrimination on grounds of their religious affiliation. The

Swiss authorities were active in the interreligious dialogue and in promoting religious

tolerance.

15. The Government had included a guideline on equality between women and men in

its legislative programme and its 2016–2019 sustainable development strategy. A revised

version of the Equality Act, which called on employers to analyse the salaries they paid

with the aim of evaluating any gaps, and a draft revision of the Companies’ Act,

introducing quotas for the representation of women in leading positions in companies

quoted on the stock exchange, were before Parliament. Combating domestic violence was a

priority for the authorities at all levels.

16. In the area of the protection of children’s rights, the Swiss Criminal Code had been

amended in 2014 to impose a maximum 3-year custodial sentence or a fine for paying for

the sexual services of persons under the age of 18. Since July 2014, domestic violence

against children was specifically included in the Civil Code among the reasons justifying

the removal of parental authority, and the Criminal Code penalized attacks on the physical

integrity or health of children or violence against them.

17. On the prevention of torture, while it did not contain a specific definition of torture,

the Criminal Code described as a criminal offence any behaviour that could be qualified as

an act of torture, including mental torture.

18. In the area of ethnic minorities, the Government had, at the beginning of 2017,

approved the country’s fourth report on the implementation of the Council of Europe

Framework Convention for the Protection of National Minorities, which showed

improvements in multilingualism in education. However, despite the measures taken to

implement the Framework Convention in respect of the Yenish and Sinti populations, the

number of stopping places and transit sites remained a subject of discussion.

19. In 2015, Roma organizations had submitted an application for the Swiss Roma to be

recognized as a national minority and for Romani to be recognized as a minority language

in the sense of the European Charter for Regional or Minority Languages. The criteria for

recognition as a national minority under the Framework Convention given in the

interpretative declaration made by Switzerland were currently being examined.

20. In recent years, several popular initiatives that touched on non-imperative norms of

international public law had been accepted. However, in implementing them, the Federal

Council and the Parliament had managed to take account of international requirements. The

related discussions regularly led to intense political debate, which was not only proof of the

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existence of freedom of expression in Switzerland, but also contributed to the development

of public opinion.

B. Interactive dialogue and responses by the State under review

21. During the interactive dialogue, 108 delegations made statements.

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

report.

22. Rwanda welcomed efforts by Switzerland to combat discrimination, hate speech and

related intolerance.

23. Senegal highlighted that, since its second universal periodic review, Switzerland had

become a party to several international human rights instruments.

24. Serbia commended Switzerland for its efforts to protect the rights of children and

persons with disabilities.

25. Sierra Leone commended measures taken in the area of human rights and

encouraged Switzerland to raise its development assistance to 0.7 per cent of its gross

domestic product.

26. Singapore acknowledged the efforts by Switzerland to expand support services for

older persons, combat hate speech and foster religious tolerance.

27. Slovenia thanked Switzerland for its report and appreciated the information it had

provided on the human rights situation of older persons.

28. South Africa welcomed the commitment of Switzerland to human rights, including

its efforts to ratify international human rights instruments.

29. Spain welcomed the adoption by Switzerland of several laws to complete its human

rights protection framework.

30. Sri Lanka commended Switzerland for the process to convert the Swiss Centre of

Expertise in Human Rights into a national human rights institution.

31. The State of Palestine noted the initiatives Switzerland had taken to combat racial

discrimination and commended it on its efforts in the field of business and human rights.

32. The Sudan commended Switzerland on its accession to many international human

rights instruments.

33. Sweden acknowledged the continued work by Switzerland to fulfil its human rights

obligations and encouraged further efforts.

34. The Syrian Arab Republic noted the persistence of concerns regarding civil, political

and economic, social and cultural rights.

35. Thailand commended Switzerland on its efforts to convert the Swiss Centre of

Expertise in Human Rights into a national human rights institution.

36. Timor-Leste commended Switzerland on its establishment in 2014 of a working

group to improve nomadic lifestyle conditions and promote Yenish, Sinti and Roma

cultures.

37. Togo commended Switzerland for its incessant action in favour of human rights.

38. Tunisia welcomed the ratification by Switzerland of several international human

rights instruments.

39. Turkey welcomed the comprehensive national report of Switzerland and

commended it on its efforts to promote human rights around the globe.

40. Ukraine, while acknowledging efforts made, encouraged Switzerland to continue to

take measures to ensure the protection of human rights of migrants.

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41. The United States of America was concerned by reports of lengthy detention of

asylum seekers and discrimination against members of ethnic minority groups.

42. Uruguay commended Switzerland for its ratification of several international human

rights instruments and welcomed measures taken to promote gender equality.

43. Uzbekistan welcomed the participatory process to prepare the national report. It

noted concerns about racist stereotypes made by some political parties and media outlets.

44. The Bolivarian Republic of Venezuela shared the concern expressed by the

Committee on the Elimination of Racial Discrimination about racist stereotypes promoted

by extreme right-wing groups and some media outlets.

45. Yemen commended Switzerland for its financial support to OHCHR and its

humanitarian and development assistance to poor countries.

46. Afghanistan commended Switzerland for its launch of cantonal integration

programmes as an important step in promoting the integration of foreign nationals.

47. Albania encouraged Switzerland to modernize further its family law by following up

on the 2015 report of the Federal Council.

48. Algeria welcomed measures to improve the representation of women and to combat

domestic violence, the sexual exploitation of children and human trafficking.

49. Andorra appreciated the efforts deployed by Switzerland to ratify the main

international human rights instruments.

50. Angola encouraged Switzerland to continue efforts to increase the representation of

women in politics and the economy.

51. Argentina welcomed the ratification in 2016 of the International Convention for the

Protection of All Persons from Enforced Disappearance.

52. Armenia commended Switzerland for its commitment to the prevention of genocide,

war crimes, ethnic cleansing and crimes against humanity.

53. Australia commended Switzerland for the leading role it played in promoting human

rights and mediating conflicts internationally.

54. Bahrain stated that combating hate speech and racial discrimination was a necessity

and asked about available recourse and remedies.

55. Bangladesh noted the absence of comprehensive anti-discrimination legislation and

was concerned that women were disproportionately affected by poverty.

56. Belarus noted the numerous measures taken by Switzerland to comply with

international obligations.

57. Belgium commended Switzerland for its ratification of several human rights treaties

and the adoption of the Gender Equality and Women’s Rights Strategy.

58. Benin welcomed the commitment by Switzerland to the promotion of the rights of

children, women, the elderly, persons with disabilities and migrants and to gender equality

and the abolition of death penalty.

59. Bhutan commended Switzerland for the progress it had made in implementing

recommendations from the previous universal periodic review cycle, including the

withdrawal of reservations, and the ratification of human rights treaties. It appreciated the

adoption of the 2016–2019 Human Rights Strategy.

60. The Plurinational State of Bolivia encouraged Switzerland to strengthen its

regulatory framework to promote the respect for human rights by transnational

corporations.

61. Bosnia and Herzegovina applauded the measures taken to increase the representation

of women and commitment in combating human trafficking.

62. Botswana commended Switzerland for its adoption of a national strategy on

addiction addressing the challenges faced by children and adolescents.

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63. Brazil encouraged Switzerland to revise the provision of the Foreign Nationals Act,

which established a custodial sentence for persons in an irregular migratory situation.

64. Bulgaria noted the positive action of Switzerland for the implementation of

recommendations and commended it on its achievements in the dual education system.

65. Burkina Faso welcomed the high level of implementation of the recommendations

accepted during the previous universal periodic review cycle.

66. Burundi commended Switzerland for its efforts made towards gender equality and to

improve participation in political life.

67. Cabo Verde applauded the consultation process to establish a national human rights

institution and the ratification of international instruments.

68. Canada welcomed the adoption of a legislative amendment allowing same-sex

couples to adopt their partner’s children.

69. The Central African Republic commended Switzerland for its efforts undertaken to

strengthen national mechanisms for human rights.

70. Chad welcomed the broad consultation process undertaken in drafting the national

report. It congratulated Switzerland for becoming a party to several international human

rights instruments.

71. China welcomed efforts in protecting human rights but was concerned at reports of

racial discrimination and xenophobia.

72. Colombia welcomed the ratification of the International Convention for the

Protection of All Persons from Enforced Disappearance.

73. The Congo welcomed the adoption of an action plan for the implementation of the

Guiding Principles on Business and Human Rights.

74. Costa Rica asked about existing challenges to the implementation of polices on

climate change with a human rights perspective.

75. Switzerland thanked the delegations who had taken part in the dialogue and gave the

following responses to the questions put and recommendations made.

76. In respect of mass atrocities, the delegation mentioned, inter alia, that Switzerland

was one of the founding States of the Global Action Against Mass Atrocity Crimes

initiative and also supported the initiative calling for the adoption of a code of conduct

regarding Security Council action against genocide, crimes against humanity and war

crimes.

77. On the question of a national human rights institution, it should be noted that a bill

was to be brought before Parliament in 2018 proposing that the work of such an institution

should be allocated to a university centre and guided by the principles relating to the status

of national institutions for the promotion and protection of human rights (the Paris

Principles), and establishing its independence in law.

78. The measures taken in respect of racial discrimination included victim advice

mechanisms, support for awareness raising projects and the promotion of access to justice.

Discrimination covered a huge range of issues and the Federal Council was therefore of the

opinion that it would be difficult to introduce a single law to cover them all.

79. On the question of migration and asylum, the Confederation tried to respect family

unity at all times and attempted to meet the specific accommodation needs of families and

women travelling alone. Training and employment were central to integration. However,

refugees, young people and young migrants who had come to Switzerland at an older age

were more affected by unemployment.

80. The Foreign Nationals Act allowed a residence permit to be issued to persons

residing illegally in Switzerland in extremely serious individual cases. However, the

Government and Parliament were opposed to any collective regularization of

undocumented migrants and did not intend to ratify the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families.

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81. The federal Forced Marriages Act had come into force in 2013. In the context of the

programme to combat forced marriage, financial support would be granted to the

association Service contre les mariages forcés (Service against forced marriages), to allow

it to continue its work.

82. As concerned equality between men and women, Switzerland had introduced

measures on, among others, combatting discrimination in wages, improving the life-work

balance, encouraging women into working life and improving women’s representation in

leadership, politics, training and research. However, the necessary majority had not been

achieved in support of targeted budgeting for gender equality. The same was true for

persons who suffered discrimination on grounds of their sexual orientation or gender

identity.

83. For lesbian, gay, bisexual, transgender and intersex persons, the revision of the right

to adopt had made it possible for a partner in a married couple (whether heterosexual or

homosexual) to adopt a child, and Parliament had decided to follow up on the Civil

Marriage for All initiative, agreeing that the penalties attached to racial discrimination

should be extended to discrimination based on sexual orientation or identity. The planned

reform of the Civil Code would introduce a simplified procedure for the registration of a

sex change in the civil register.

84. Pursuant to the federal Act on the Elimination of Discrimination affecting Persons

with Disabilities, the cantons ensured that children and young persons enjoyed basic

education adapted to their needs.

85. Switzerland had adopted a suicide prevention action plan at the beginning of 2017

and, at the end of 2015, a new national strategy on addictions for the period 2017–2024.

86. Côte d’Ivoire welcomed the ratification of the Convention on the Rights of Persons

with Disabilities.

87. Cuba noted remaining challenges, including inequalities between men and women

and the lack of a national action plan to combat discrimination.

88. Cyprus noted the implementation of the National Programme to Prevent and Fight

Poverty and steps taken to improve the integration of foreign nationals.

89. Ecuador congratulated Switzerland for the ratification of the International Labour

Organization (ILO) Domestic Workers Convention, 2011 (No. 189).

90. Egypt welcomed the Swiss delegation to the Working Group on the Universal

Periodic Review.

91. France welcomed the ratification of the International Convention for the Protection

of All Persons from Enforced Disappearance.

92. Georgia was concerned about reports that the Swiss Resource Centre for Human

Rights would not have an explicit human rights protection mandate.

93. Germany welcomed modifications to the Swiss naming rights and citizenship law, as

recommended during the previous universal periodic review.

94. Ghana lauded the ratification by Switzerland in 2014 of the Convention on the

Rights of Persons with Disabilities.

95. Greece welcomed the introduction of a prohibition for persons under the age of 18

years to engage in prostitution.

96. Guatemala was concerned about reports of the promotion of racist stereotypes by

members of certain political parties.

97. Haiti indicated that the Swiss system of direct democracy was a model that should

be encouraged but that certain gaps persisted.

98. Honduras noted achievements by Switzerland in the implementation of the

recommendations received during the previous universal periodic review cycles.

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99. Hungary commended Switzerland for the important measures it had taken to

mainstream equality for persons with disabilities in all areas of life.

100. Norway noted the pending constitutional initiative to declare the supremacy of the

Swiss Constitution over international law.

101. India appreciated efforts by Switzerland at the confederation and canton levels to

enhance representation of women in politics and the economy.

102. Indonesia welcomed the bill to turn the Swiss Resource Centre for Human Rights

into a national human rights institution in accordance with the Paris Principles.

103. The Islamic Republic of Iran noted the accession by Switzerland to some

international human rights instruments.

104. Iraq commended Switzerland for its ratification of most international human rights

instruments and for its cooperation with treaty bodies.

105. Ireland welcomed the follow up to the recommendation from the previous cycle that

Switzerland pursue efforts to combat xenophobia.

106. Israel recognized progress made, including the adoption of a new national action

plan on human trafficking.

107. Italy welcomed the adoption of measures at the federal and cantonal levels to

increase the representation of women in politics and the economy.

108. Kazakhstan welcomed the adoption of several national programmes aimed at further

strengthening the human rights protection system.

109. Kenya commended Switzerland for the efforts it had made to implement

recommendations of past reviews.

110. Kyrgyzstan welcomed the ratification of some international human rights

instruments and practical measures in promoting human rights.

111. The Lao People’s Democratic Republic commended Switzerland for its accession to

the Optional Protocol to the Convention on the Rights of the Child on a communications

procedure.

112. Lebanon appreciated the Internet campaign launched in 2015 by the Federal

Commission against Racism to combat hate speech.

113. Libya welcomed the ratification of the International Convention for the Protection of

Persons from Enforced Disappearance.

114. Madagascar welcomed recent ratifications, including of the ILO Domestic Workers

Convention, 2011 (No. 189).

115. Malaysia welcomed initiatives of the Swiss Federal Council, including the adoption

of the National Programme to Prevent and Fight Poverty 2014–2018.

116. Maldives welcomed measures taken to protect the rights of older persons and the

active participation of Switzerland in climate change issues at the Human Rights Council.

117. Mauritania welcomed the positive contribution Switzerland had made to the work of

OHCHR, treaty bodies and the special procedures.

118. Mexico congratulated Switzerland for developing a law to improve women’s role in

society.

119. Mongolia welcomed the withdrawal of the reservation to article 16 (1) (g) of the

Convention on the Elimination of All Forms of Discrimination against Women.

120. Montenegro commended Switzerland for its efforts to ratify the remaining

international instruments and encouraged it to adopt comprehensive anti-discrimination

legislation.

121. Morocco welcomed the ratification of three international human rights instruments

and the launch of the cantonal integration programme for foreign nationals.

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122. Myanmar welcomed measures to reduce household poverty and to develop the

implementation of the Guiding Principles on Business and Human Rights.

123. Namibia welcomed recent ratifications and the adoption of the 2016–2019 Human

Rights Strategy aimed at strengthening human rights institutions and mechanisms.

124. Nepal welcomed the regular contributions Switzerland had made to OHCHR and

noted its financial and technical assistance to developing countries.

125. The Netherlands commended Switzerland on its progress in ensuring freedom of the

press and its engagement in the promotion of prevention of atrocities at the international

level.

126. New Zealand welcomed that Swiss persons in same-sex relationships would be able

to adopt the children of their partners from January 2018.

127. Nicaragua welcomed the adoption of a national action plan to prevent suicide and of

a strategy on addiction.

128. Nigeria welcomed the adoption by Switzerland of a national counter-terrorism

strategy and of the Human Rights Strategy.

129. Iceland welcomed progress made on gender equality, including work to ensure equal

pay for equal value.

130. Panama welcomed efforts to combat human trafficking and prevent suicides of

adolescents.

131. Peru highlighted the ratification of international human rights instruments and

efforts to welcome migrants and refugees.

132. The Philippines welcomed the ratification by Switzerland of the ILO Domestic

Workers Convention, 2011 (No. 189). It regretted the failure to adopt a comprehensive anti-

discrimination law.

133. Poland appreciated the decision to turn the Swiss Centre for Expertise in Human

Rights into a national human rights institution.

134. Portugal welcomed the withdrawal by Switzerland of its reservation to article 16 (1)

(g) of the Convention on the Elimination of All Forms of Discrimination Against women.

135. The Republic of Korea noted the anti-discrimination measures taken and appreciated

the efforts by the Federal Council to provide legal protection for asylum seekers.

136. The Republic of Moldova appreciated the leading role of Switzerland in the

promotion of human rights at the international level.

137. Romania asked what strategy could be envisaged to overcome the lack of support by

the parliamentary majority for an anti-discrimination law.

138. The Russian Federation noted that all of its recommendations from the previous

cycle had been accepted and that most had been implemented.

139. Liechtenstein welcomed the ratification of additional treaties and the draft bill to

establish a national human rights institution.

140. The United Kingdom encouraged Switzerland to introduce more comprehensive

legislation to protect lesbian, gay, bisexual and transgender persons against discrimination.

141. At the end of 2016, Switzerland had adopted a national action plan for the

implementation of the United Nations Guiding Principles on Business and Human Rights:

Implementing the United Nations “Protect, Respect and Remedy” Framework, stipulating

that businesses domiciled and/or active in Switzerland must respect human rights in all their

commercial activities, regardless of where they were operating. At the same time, it had set

up a comprehensive anti-money laundering and counter-terrorist system that combined

preventive and repressive measures.

142. Several cantons had embarked on prison renovation/construction projects, with the

objective of creating 2,200 new places by 2025.

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143. The Paris Agreement on climate change had entered into force in Switzerland on 5

November 2017, the objective being to achieve a 50 per cent reduction in greenhouse gas

emissions compared to 1990 by 2030.

144. The target of official development assistance equal to 0.7 per cent of gross national

income was a long-term objective. In 2016, the figure for Switzerland had reached 0.54 per

cent, placing the country eighth in the world for that measure.

145. In conclusion, the delegation said that the recommendations received would be

carefully examined in close collaboration with the cantons and would guide Switzerland in

its efforts to improve the human rights situation.

II. Conclusions and/or recommendations

146. The recommendations formulated during the interactive dialogue listed below

have been examined by Switzerland and enjoy the support of Switzerland:

146.1 Expedite the ratification of the Convention on Preventing and

Combating Violence against Women and Domestic Violence (the Istanbul

Convention) (Sierra Leone);

146.2 Speed up the approval process, by the Federal Parliament, of the

Convention on Preventing and Combating Violence against Women and

Domestic Violence (the Istanbul Convention) and take all the necessary

measures to promote women’s rights (Georgia);

146.3 Ratify without delay the Convention on Preventing and Combating

Violence against Women and Domestic Violence (Andorra);

146.4 Ratify the Convention on Preventing and Combating Violence

against Women and Domestic Violence, which was signed in 2013 (Belarus);

146.5 Ratify the Convention on Preventing and Combating Violence

against Women and Domestic Violence (the Istanbul Convention) (Italy)

(Spain);

146.6 Continue efforts made to put an end to discrimination against women

as well as to all forms of violence against women, including domestic violence,

and to accelerate ratification of the Istanbul Convention (Tunisia);

146.7 Consider establishing a national mechanism for the elaboration of

reports and the follow-up to recommendations (Tunisia);

146.8 Establish a national mechanism to follow up on recommendations

(Uruguay);

146.9 Introduce structured coordination between the Confederation, the

cantons and civil society with regard to the implementation of the

recommendations made in the universal periodic review, to ensure all parts of

the Swiss governing system are informed about human rights issues (New

Zealand);

146.10 Facilitate the effective coordination between the Confederation, the

cantons and civil society in relation to follow-up on the recommendations of the

universal periodic review, treaty bodies and the special procedures (Panama);

146.11 Continue its efforts to establish a national human rights institution in

accordance with the Paris Principles (Sudan);

146.12 Continue to progress the establishment of an independent, Paris

Principles-compliant, national human rights institution (Australia);

146.13 Reconsider establishing an independent national human rights

institution in accordance with the Paris Principles (Ukraine);

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146.14 Continue ongoing efforts to establish a national human rights

institution and ensure the provision of the necessary resources to such an

institution (Malaysia);

146.15 Facilitate effective coordination between the Confederation, cantons

and civil society to ensure the compatibility of popular initiatives with its

obligations under international human rights (Republic of Korea);

146.16 Consider ways to ensure the outcomes of popular referenda can be

implemented in a manner consistent with the international human rights

treaties to which Switzerland is a party (Australia);

146.17 Strengthen its mechanisms for ensuring that the compatibility of

citizen’s initiative with the obligations arising from international human rights

instruments to which Switzerland is a party is subject to some form of check

before such initiatives are put to the vote (Belgium);

146.18 Continue its efforts aimed at ensuring the compatibility of popular

initiatives with international human rights standards and fundamental rights

contained in the Constitution (Hungary);

146.19 Install mechanisms to ensure the compatibility of popular initiatives

with the human rights commitments of Switzerland (Norway);

146.20 Step up its efforts to ensure the promotion and protection of human

rights in a more harmonized fashion across its territory (Cabo Verde);

146.21 Strengthen efforts to overcome the bottlenecks that slow down the

process of implementation of the country’s international obligations in the field

of human rights (Italy);

146.22 Include in its next universal periodic review report information on

the measures it has taken to implement article 261 bis of its criminal code, in

particular on combating denial, trivialization or attempts to justify genocide or

other crimes against humanity (Rwanda);

146.23 Maintain the provisions of article 261 bis of the Criminal Code, in

particular the ones providing for liability in cases of denial, trivialization or

seeking justification for genocide or other crimes against humanity (Armenia);

146.24 Promote inter-ethnic dialogue and tolerance, particularly at the

cantonal and communal levels (Poland);

146.25 Further strengthen its engagement in the promotion of prevention of

atrocities by undertaking efforts to prevent atrocities at the national level, since

history shows that no country is immune to atrocities (Netherlands);

146.26 Continue the enhancement of efforts to conduct interfaith dialogue

and the promotion of religious tolerance in partnership with civil society

organizations (Indonesia);

146.27 Take the necessary measures against all forms of discrimination and

to maintain its efforts to raise awareness on this issue (Turkey);

146.28 Conduct broad and systematic awareness-raising activities to combat

stigmatization, clichés, stereotypes and prejudices faced by non-Swiss nationals

(Albania);

146.29 Conclude without delay the process of revising the Equality Act

(Central African Republic);

146.30 Consider enacting a law against racial discrimination and continue

efforts to put an end to racism and hate speech (Tunisia);

146.31 Conduct a more active policy against racial discrimination and

xenophobia, including the adoption of a clear and comprehensive definition of

racial discrimination (Kyrgyzstan);

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146.32 Continue efforts to combat discrimination and intolerance, in

particular with regard to migrant workers (Morocco);

146.33 Take additional measures to combat stigmatization and stereotyping,

including through awareness-raising initiatives and to respond to instances of

racist remarks or acts by high-level public officials (State of Palestine);

146.34 Adopt measures to eliminate all forms of racial discrimination,

xenophobia and religious intolerance (Sudan);

146.35 Enhance measures to effectively and comprehensively combat racism,

discrimination and xenophobia, including by addressing the problems faced by

migrants, especially migrant workers, and ensuring integration of migrants in

the local community and labour market (Thailand);

146.36 Continue their efforts to address the concerns especially in the fields

of combating racism, discrimination, xenophobia, Islamophobia and the

protection of the members of more fragile groups, such as migrants (Turkey);

146.37 Continue its efforts to combat racial discrimination, xenophobia and

racism (Burundi);

146.38 Combat and address acts of racial hatred (South Africa);

146.39 Continue efforts related to combating racist and religious hate speech

(Libya);

146.40 Continue to implement initiatives that combat hate speech and foster

mutual respect between communities (Singapore);

146.41 Establish a national action plan to combat racism, racial

discrimination, xenophobia and related intolerance consistent with the

provisions of the Durban Declaration and Programme of Action (South Africa);

146.42 Continue to conduct broad awareness-raising campaigns to combat

negative attitudes against vulnerable groups as well as to react to racist

statements or actions (Uzbekistan);

146.43 Carry out systematic campaigns to combat racist and xenophobic

stereotypes, including those against non-citizens (Cuba);

146.44 Carry out broad and systematic awareness-raising campaigns to

combat stigmatization, generalization, stereotypes and prejudice against non-

citizens (Guatemala);

146.45 Provide training to security forces, prosecutors, judges and social

workers to prevent discrimination based on sexual orientation and gender

identity (Israel);1

146.46 Assess the success of the 2014–2017 Cantonal Integration

Programmes (Bahrain);

146.47 Redouble efforts in all the cantons to avoid discrimination based on

race, origin and sexual orientation and gender identity (Colombia);

146.48 Adopt legislation to eliminate the sterility prerequisite for legal

change of gender, in conformity with the Convention for the Protection of

Human Rights and Fundamental Freedoms (European Convention on Human

Rights) (Sweden);

1 The recommendation as read during the interactive dialogue: “Provide training to security forces,

prosecutors, judges and social workers, to prevent discrimination and bullying based on sexual

orientation and gender identity, and to promote awareness-raising campaigns on the topic to teachers

and students, as well as the broader public (Israel)”.

GE.17-23483 13

146.49 Implement the provisions of the previously accepted recommendation

to increase official development assistance to 0.7 per cent of its national income

(Syrian Arab Republic);

146.50 Do not consider the reduction of the official development assistance,

even while taking cost-cutting measures, and actually increase it to the

committed level of 0.7 per cent (Bangladesh);

146.51 Increase its contribution of official development assistance to reach

the 0.7 per cent of gross national product threshold, with particular emphasis

on capacity-building and resilience, as a follow up to the recommendation

contained in paragraph 123.84 of the report from the second cycle (Haiti);

146.52 Continue to provide humanitarian and development assistance to

poor countries to help these countries to bear the humanitarian burden and to

promote human rights (Yemen);

146.53 Intensify efforts and cooperative engagement with a view to carrying

out the speedy repatriation of already identified illicit funds and proceeds of

corruption to countries of origin to aid the latter in the attainment of the

Sustainable Development Goals (Nigeria);

146.54 Take necessary actions to check terrorist financing (Nigeria);

146.55 Finalize the pending initiatives, including the Federal bill on

improving the protection of victims of violence (Namibia);

146.56 Investigate cases of cruel treatment by law enforcement officers

during the arrest, custody and interrogation of suspects and ensure that the

perpetrators are brought to justice (Belarus);

146.57 Establish an independent mechanism empowered to receive

complaints relating to violence and ill-treatment by law enforcement officers,

and conduct timely, impartial and exhaustive inquiries into such complaints

(Ecuador);

146.58 Open up independent inquiries on the excessive use of force during

expulsions of persons from the territory of the Confederation (France);

146.59 Adopt appropriate measures against perpetrators of police brutality

that affect some asylum seekers, migrants and others (Central African

Republic);

146.60 Take necessary steps to find a final solution to the problem of

overcrowding in some prisons in Switzerland (Russian Federation);

146.61 Seriously combat human trafficking and sexual exploitation, ensure

victim assistance, prosecute human traffickers, as well as enhance further

cooperation with the countries concerned (Thailand);

146.62 Take effective measures in ensuring that the victims of trafficking,

especially women, are protected and supported in an appropriate manner

(Bosnia and Herzegovina);

146.63 Prevent and combat trafficking in persons and intensify the

protection of victims (China);

146.64 Review the national action plan against trafficking, strengthening

coordination between the Confederation, cantons and civil society to ensure a

harmonized, robust and victim-oriented response (United Kingdom of Great

Britain and Northern Ireland);

146.65 Adopt a new National Action Plan against Trafficking in Persons

with a gender perspective which guarantees the protection of victims without

any type of discrimination, in particular regarding their migration status

(Honduras);

14 GE.17-23483

146.66 Follow up on offences linked to trafficking of persons irrespective of

the victim’s immigration status, in order to prevent the victim from being

criminalized during the procedure (Mexico);

146.67 Increase the sentences for the crime of smuggling of persons, and

provide more training for judges, police and investigators on this issue

(Mexico);

146.68 Examine the possibility of establishing national helplines for victims

of trafficking and domestic violence (Republic of Moldova);

146.69 Address the continued challenge of poverty, particularly among

vulnerable groups, such as women and children who are non-citizens

(Malaysia);

146.70 Eliminate obstacles to the enrolment of children without identity

documents and asylum seekers in secondary education and ensure that foreign

children have the highest possible level of education (Iraq);

146.71 Continue efforts to ensure equal access to education of vulnerable

people including women, children and persons with disabilities (Lao People’s

Democratic Republic);

146.72 Ensure systematic access to education for all asylum-seeking children

(Spain);

146.73 Step up measures to prevent suicide, especially among young people

(Angola);

146.74 Formulate a national work plan to prevent suicide, especially as

Switzerland enjoys a high standard of development, progress and prosperity

(Lebanon);

146.75 Redouble efforts to prevent suicide and detect mental illness in

children and youth, promoting the close involvement of parents, teachers and

school authorities in schools (Mexico);

146.76 Continue programmes to eradicate domestic violence and violence

against women (Philippines);

146.77 Take measures to combat violence against women, including domestic

and sexual violence, with a particular attention to women from minority groups

(Russian Federation);

146.78 Continue to combat all forms of violence against women and

children, as well as strengthen specialized care for victims (Colombia);

146.79 Continue efforts to eradicate gender-based violence, including

domestic violence, by raising awareness in society, ensuring due diligence in the

prosecution and trial of those who commit such acts and providing relevant

training to the competent authorities regarding the protection and prevention

of violence against women and girls (Nicaragua);

146.80 Continue the work aimed at amending rules regarding the stay of

proceedings in cases of “minor” violence in relationships and regarding the

categorization of such cases (Iceland);

146.81 Improve the protection against domestic violence through specialized

training for police officers and other persons that act in such cases and take

steps to ensure the fair application of the Foreign Nationals Act so as to protect

migrant women (Canada);

146.82 Continue awareness raising and training of the judiciary and law

enforcement personnel as regards all forms of violence against women and ex-

officio prosecution (Belgium);

146.83 Step up its information and awareness raising actions on female

genital mutilation and punish perpetrators of these acts (Burkina Faso);

GE.17-23483 15

146.84 Develop awareness-raising campaigns and ensure that information is

readily available to victims of female genital mutilation (Timor-Leste);

146.85 Continue efforts to achieve gender equality in all fields, particularly

in the labour market (Tunisia);

146.86 Strengthen their efforts to promote gender equality, including

through awareness-raising programmes and the development of a

comprehensive national gender strategy (Cyprus);

146.87 Further promote the advancement of gender equality, including the

development of a comprehensive national gender action plan (Kyrgyzstan);

146.88 Increase the availability of affordable childcare facilities (Peru);

146.89 Continue efforts empowering women in all levels of decision-making

and ensuring their participation in politics, the economy and social life (Lao

People’s Democratic Republic);

146.90 Continue its efforts to provide gender equality and promote women’s

representation at the decision-making level (Mongolia);

146.91 Take additional measures to promote a better representation of

women in politics and economy (Iceland);

146.92 Develop strategies to increase the share of women in leading positions

in business enterprises (Germany);

146.93 Continue adopting measures to promote equal representation in

different spheres of society, as well as efforts to eliminate wage differences

based on gender, particularly in the private sector (Uruguay);

146.94 Step up efforts to address gender wage gaps (Sri Lanka);

146.95 Take the necessary measures and steps with a view to ensuring

gender equality in wages in all sectors of labour in Switzerland (Iraq);

146.96 Continue efforts to combat inequalities and discrimination in the

work place, particularly with regard to women (Morocco);

146.97 Take further steps to reduce the gender wage gap (Kazakhstan);2

146.98 Step up its efforts to eliminate the pay gap between men and women

(Belgium);

146.99 Step up efforts to eliminate the gender wage gap and increase the

participation of women in public life (Bolivarian Republic of Venezuela);

146.100 Double its efforts to eliminate the gender wage gap (Sudan);

146.101 Intensify its efforts in creating more opportunities for women in

order to access full-time employment (Myanmar);

146.102 Continue to strengthen efforts to ensure equality of opportunity and

eliminate the gender wage gap (Maldives);

146.103 Prohibit all practices of corporal punishment of children

(Kyrgyzstan);

146.104 Ensure that asylum procedures fully respect the best interest and

special needs of unaccompanied children (Sierra Leone);

146.105 Take the necessary measures so that all the cantons adopt an

approach based on promoting the inclusion of boys and girls with disabilities in

schools (Argentina);

2 The recommendation as read during the interactive dialogue: “Strengthen its efforts aimed at

enhancing women’s representation in politics and the economy, and take further steps to reduce the

gender wage gap (Kazakhstan)”.

16 GE.17-23483

146.106 Strengthen the efforts to ensure inclusive education without

discrimination for children with disabilities, and guide all cantons to refrain

from a segregated approach in this context (Israel);

146.107 Continue with the inclusive approach towards children with

disabilities, especially in education, as well as increase awareness and training

efforts for companies and service providers on the treatment of persons with

disabilities and their access to all places, for example, that of persons with

guide-dogs (Mexico);

146.108 Continue efforts to ensure that children with disabilities had access to

early childhood education and care, early development programmes and

inclusive vocational training opportunities in all cantons (Maldives);

146.109 Continue implementing national policies related to persons with

disabilities (Libya);

146.110 Take further measures to bring down the wide pay gap that still

exists between men and women in the workplace, reportedly reaching as high

as 30 per cent, by assisting women to reconcile work and family life (Israel);

146.111 Continue implementing measures to eliminate wage inequalities

between the genders (Cuba);

146.112 Continue with efforts to effectively address gender pay gap and

ensure equal pay for work of equal value in public and private sector and

report on the results in the following universal periodic review cycle (Slovenia);

146.113 Eliminate the gender wage gap, and ensure an equal salary for men

and women for the same work (Lebanon);

146.114 Continue in the process of promoting and protecting the rights of

members belonging to minority groups (Serbia);

146.115 Continue with efforts to overcome obstacles faced by the Yenish,

Manush, Sinti and Roma in accessing education and preserving their language

and lifestyle (Peru);

146.116 Protect effectively the rights of refugees and migrants and adopt

concrete measures to combat and prevent xenophobic violence (China);

146.117 Continue to examine all potential risks of human rights violations

which rejected asylum seekers may face when they are deported to other

countries, especially in cases where asylum seekers’ children are concerned

(Republic of Korea);

146.118 Ensure full application of the 1951 Convention relating to the Status

of Refugees (Afghanistan);

146.119 Accelerate significantly asylum procedures and ensure that they

respect the principles of the rule of law (Central African Republic);

146.120 Resolve the problem of lack of capacity in existing centres for

registration and processing of asylum applications as well as ensure publication

of information on administrative detention of migrants at the federal level

(Russian Federation);

146.121 Formalize the statelessness determination procedure and ensure the

procedure is fair, effective and accessible to all persons in Switzerland

regardless of their legal status; ensure that the definition of “statelessness

person” is fully consistent with the definition provided in the 1954 Convention

relating to the Status of Stateless Persons (Hungary).

147. The following recommendations will be examined by Switzerland which will

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

Human Rights Council:

GE.17-23483 17

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

Persons with Disabilities (Andorra);

147.2 Consider acceding to the Optional Protocol to the Convention on the

Rights of Persons with Disabilities (Italy);

147.3 Ratify the United Nations Educational, Cultural and Scientific

Organization (UNESCO) Convention against Discrimination in Education

(Congo);

147.4 Sign the Treaty on the Prohibition of Nuclear Weapons (Guatemala);

147.5 Expedite the establishment of an independent national human rights

institution in line with the Paris Principles (Sierra Leone);

147.6 Conclude the process of establishing a human rights institution in

conformity with the Paris Principles (Congo);

147.7 Adopt the draft law aimed at establishing a human rights institution

in accordance with the Paris Principles (Côte d’Ivoire);

147.8 Implement the law to establish a national human rights institution

consistent with the Paris Principles (Germany);

147.9 Continue to take all necessary steps to promptly establish a national

human rights institution compliant with the Paris Principles (New Zealand);

147.10 Ensure an effective and independent mechanism that examines the

compatibility between popular initiatives and obligations under international

human rights law (Ecuador);

147.11 Implement the recommendations of the Human Rights Committee,

namely to establish an independent national human rights institution with a

broad mandate for human rights protection in conformity with the Paris

Principles (Georgia);

147.12 Establish a permanent and independent human rights institution

compliant with Paris Principles (United Kingdom of Great Britain and

Northern Ireland);

147.13 Establish a national human rights institution that is compliant with

the Paris Principles (Philippines);

147.14 Establish an independent national human rights institution, in

accordance with the Paris Principles (Timor-Leste);

147.15 Establish a national human rights institution in accordance with the

Paris Principles (Togo); (Greece); (Spain);

147.16 Establish an independent national human rights institute which

would be in full compliance with the Paris Principles (Ireland);

147.17 Establish as soon as possible an independent national human rights

institution with a broad human rights protection mandate and adequate human

and financial resources, in conformity with the Paris Principles (Liechtenstein);

147.18 Establish a national human rights institution of human rights, that is

financially and legally independent, in line with the Paris Principles (Costa

Rica);

147.19 Establish an independent national human rights institution with a

broad protection mandate and with adequate financial and human resources,

in accordance with the Paris Principles (Guatemala);

147.20 Establish a national human rights institution fully consistent with the

Paris Principles, ensure its independence and allocate sufficient resources to it

(Hungary);

18 GE.17-23483

147.21 Accelerate the establishment of an independent national human

rights institution with a broad mandate and adequate human and financial

resources, in accordance with the Paris Principles (Mauritania);

147.22 Create an independent national human rights institution with a

broad mandate and matching resources, in accordance with the Paris

Principles (Nepal);

147.23 Adopt a consistent, open, merit-based process when selecting national

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

Britain and Northern Ireland);

147.24 Establish a national human rights institution that is guaranteed

broad competences, as well as institutional and financial independence

(Norway);

147.25 Establish legislative and institutional guarantees to ensure that the

popular initiatives are compatible with the obligations under international

human rights law (Panama);

147.26 Take the necessary measures to implement the recommendations of

the Committee on the Elimination of Racial Discrimination related to setting up

an effective and independent mechanism to review the compatibility of popular

initiatives with the obligations of Switzerland under international human rights

law (Algeria);

147.27 Take measures to explore means to ensure the full implementation of

its international human rights obligations by all constituent units of the Swiss

Confederation (India);

147.28 Intensify efforts to implement measures to encourage peaceful

coexistence among all populations and combat marginalization (Poland);

147.29 Provide effective legal protection and fair compensation in case of

violation of rights linked to acts of racial discrimination (Belarus);

147.30 Increase State-funded security for minority religious community

institutions as well as community members, and counter xenophobic and racist

discourse against members of minority groups (United States of America);

147.31 Adopt appropriate policies to ensure the protection of all ethnic and

religious minorities, and ensure their enjoyment of the necessary legal

protection to address any discrimination they may face (Egypt);

147.32 Promote awareness-raising campaigns on preventing discrimination

and bullying based on sexual orientation and gender identity to the broader

public, and in particular to students and teachers (Israel);3

147.33 Introduce specific legislation prohibiting discrimination based on

gender identity or intersex status (Australia);

147.34 Take the necessary steps to put an end to discrimination faced by

same-sex couples, in particular, by ensuring they can marry and adopt children

(Germany);

147.35 Take measures on awareness-raising and education about the lesbian,

gay, bisexual, transgender and intersex community, by developing and

implementing a concrete national action plan in cooperation with lesbian, gay,

bisexual, transgender and intersex civil society organizations for all levels of the

State (Netherlands);

3 The recommendation as read during the interactive dialogue: “Provide training to security forces,

prosecutors, judges, and social workers, to prevent discrimination and bullying based on sexual

orientation and gender identity, and to promote awareness-raising campaigns on the topic to teachers

and students, as well as the broader public (Israel)”.

GE.17-23483 19

147.36 Provide State and cantonal authorities with training on human rights

for the protection of the rights of transgender people (Portugal);

147.37 Ensure effective human rights training for the protection of

transgender persons (South Africa);

147.38 Continue efforts towards building comprehensive, binding and

effective mechanisms against corporate abuses by businesses headquartered in

Switzerland, especially when operating abroad (Brazil);

147.39 Intensify its oversight over Swiss companies operating abroad with

regard to any negative impact of their activities on the enjoyment of human

rights, particularly in conflict areas, which includes situations of foreign

occupation where the risk of human rights abuses is heightened (State of

Palestine);

147.40 Ensure that human rights are respected by multinational

corporations (France);

147.41 Ensure that transnational corporations and other business

enterprises operating in or managed from its territory are legally accountable

for human rights abuses and violations (South Africa);

147.42 Ensure that multinational business enterprises and their subsidiaries

are legally accountable for any violations of children’s rights and human rights

in general (Peru);

147.43 Increase resources to reduce overcrowding and improve health

facilities in prisons, and follow the National Commission for the Prevention of

Torture recommendations on youths and juveniles in pretrial detention (United

States of America);

147.44 Carry out a strict and effective separation of women and men as well

as children and adult prisoners in all penitentiary establishments of all cantons

of the country (Russian Federation);

147.45 Put an end and abolish the administrative detention of minors and

separate them from adults in detention (Syrian Arab Republic);

147.46 Adopt a new action plan against trafficking, reduce the time taken to

issue residence permits and remove disparities thereof between cantons and

remove structural and individual obstacles to work and training for migrants

to combat racial discrimination through legal and administrative measures

(Kenya);

147.47 Adopt a strategy and an action plan at the federal level on gender

equality to promote policies at the cantonal level to combat discrimination

against women in the public and private spheres and put an end to all forms of

violence, in line with the 2030 Agenda for Sustainable Development

(Honduras);

147.48 Strengthen further its system of family allowances and benefits with a

view to ensuring that all children, including children of refugees, and migrant

parents, had an adequate standard of living (Islamic Republic of Iran);

147.49 Adopt an integrated gender mainstreaming strategy, including

through the use of gender-budgeting processes, also taking into consideration

Sustainable Development Goal 5 of the 2030 Agenda for Sustainable

Development (Sweden);

147.50 Continue to promote a balanced representation of men and women in

leadership positions (Angola);

147.51 Continue taking steps in order to reinforce women’s representation

in leadership and decision-making positions (Bosnia and Herzegovina);

20 GE.17-23483

147.52 Take mandatory measures to reduce the wage gap between men and

women in all areas, and to promote better representation of women in

leadership positions (Egypt);

147.53 Intensify measures aimed at enhancing the equal representation of

women in politics and the economy, both at the confederation and cantonal

levels (Namibia);

147.54 Continue with the development and implementation of concrete

measures to strengthen the participation of women and young people in

decision-making and representation, as well as measures to eliminate gender-

based violence and other forms of discrimination (Costa Rica);

147.55 Strengthen its efforts aimed at enhancing women’s representation in

politics and the economy (Kazakhstan);4

147.56 Develop a strategy to guarantee the rights of women in the labour

market and increase the effectiveness of measures to prevent and reduce

poverty among vulnerable groups of women (Belarus);

147.57 Adopt legislation allowing for paternity leave (Republic of Moldova);

147.58 Provide protection to maternity and childhood, in particular,

introduce additional measures for the protection of families with small children

(Russian Federation);

147.59 Adopt laws and executive measures that guarantee that migrant

persons with disabilities and with special needs are guaranteed all their rights

and to, in particular, protect them (Bahrain);

147.60 Strengthen measures to improve the protection of the human rights

of all migrants (Plurinational State of Bolivia);

147.61 Revise its asylum law to be consistent with the recommendations of

the Swiss Refugee Aid on care and support for unaccompanied minor asylum

seekers (United States of America);

147.62 Ensure minimum reception standards in Federal and Cantonal

reception centres across the country (Afghanistan);

147.63 Continue to expand support services for older persons to enhance

their participation in society (Singapore).

148. The recommendations formulated during the interactive dialogue listed below

have been examined by Switzerland and have been noted by Switzerland:

148.1 Consider the possibility of becoming a party to the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Mauritania);

148.2 Reconsider the possibility of ratifying the International Convention

on the Protection of the Rights of All Migrant Workers and Members of Their

Families (Indonesia);

148.3 Reconsider ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Philippines);

148.4 Consider acceding to International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Uruguay);

148.5 Sign and ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Bangladesh);

4 The recommendation as read during the interactive dialogue: “Strengthen its efforts aimed at

enhancing women’s representation in politics and the economy, and take further steps to reduce the

gender wage gap (Kazakhstan)”.

GE.17-23483 21

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

All Migrant Workers and Members of Their Families (Senegal);

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

All Migrant Workers and Members of Their Families (Algeria) (Egypt)

(Kyrgyzstan);

148.8 Ratify promptly the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families, the

Optional Protocol to the International Covenant on Civil and Political Rights

and the Optional Protocol to the Convention on Rights of Persons with

Disabilities (Guatemala);

148.9 Consider adopting the first Optional Protocol to the International

Covenant on Civil and Political Rights (Romania);

148.10 Sign the first Optional Protocol to the International Covenant on

Civil and Political Rights (Spain);

148.11 Accede to the first Optional Protocol to the International Covenant

on Civil and Political Rights (Bulgaria);

148.12 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal) (Montenegro);

148.13 Ratify the 1961 Convention on the Reduction of Statelessness (Côte

d’Ivoire);

148.14 Ratify the 1961 Convention on the Reduction of Statelessness and

establish safeguards to guarantee birth registration to all children born in the

country who would otherwise be stateless (Panama);

148.15 Ratify the International Labour Organization Indigenous and Tribal

Peoples Convention, 1989 (No. 169) (Guatemala);

148.16 Lift the existing reservations to the Convention on the Elimination of

All Forms of Discrimination against Women (Togo);

148.17 Withdraw remaining reservations made to the Convention on the

Elimination of All Forms of Discrimination against Women (Albania);

148.18 Consider withdrawing its reservation to articles 15 (2) and 16 (1) (h)

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

Women (Ghana);

148.19 Withdraw its reservations to the Convention on the Elimination of

All Forms of Discrimination against Women (Kyrgyzstan);

148.20 Continue the progress made towards equality between women and

men, by increasing and strengthening the representation of women in politics,

the economy, academia and the judiciary. In particular, take specific and

concrete measures to eliminate the gender wage gap and withdraw reservations

to article 15, paragraph 2, and article 16, paragraph 1 subparagraph h, of the

Convention on the Elimination of All Forms of Discrimination against Women

(Nicaragua);

148.21 Take early action to withdraw the remaining three reservations

regarding the Convention on the Rights of the Child (Sri Lanka);

148.22 Withdraw the reservations to articles 10 (1), 37 (c) and 40 (2) of the

Convention on the Rights of the Child (Togo);

148.23 Withdraw its reservations to the Convention on the Rights of the

Child (Kyrgyzstan);

148.24 Consider withdrawing all reservations to the Convention on the

Rights of the Child and those concerning article 15 (2) and article 16 (1) (h) of

22 GE.17-23483

the Convention on the Elimination of All Forms of Discrimination against

Women (Burkina Faso);

148.25 Fight against disparities among cantons when it comes to the

implementation of regulations favouring or protecting human rights (France);

148.26 Revise article 261 bis of the Swiss Penal Code, the legal instrument

against racism, in line with the decision of the Grand Chamber of the European

Court of Human Rights regarding the Perinçek case to ensure the freedom of

expression on a historical issue which is matter of legitimate scholarly debate

(Turkey);

148.27 Introduce amendments to criminal law to expand the list of

prosecutable signs of discrimination (Uzbekistan);

148.28 Introduce legislative measures to expand the prohibition of and

protection against discrimination through explicit measures to protect

individuals (Canada);

148.29 Include in Swiss law provisions against hate crime and a provision to

protect against discrimination and hate speech against specific groups

including women, persons with disabilities and refugees (Syrian Arab

Republic);

148.30 Engage the various cantons with a view to once again bringing an

anti-discrimination law before parliament (Botswana);

148.31 Adopt federal legislation against all forms of discrimination, with a

clear definition of racial discrimination (Bolivarian Republic of Venezuela);

148.32 Adopt a comprehensive anti-discrimination legislation to address all

forms of discrimination, hate speech and negative stereotypes (Sierra Leone);

148.33 Adopt comprehensive national legislation against discrimination

(France);

148.34 Intensify its efforts for a new comprehensive legislation on tackling

discrimination (India);

148.35 Consider adopting a clear and comprehensive definition of racial

discrimination and introduce an overarching provision in its civil and

administrative law prohibiting both direct and indirect racial discrimination in

all areas of the life (Islamic Republic of Iran);

148.36 Adopt a clear and comprehensive legal definition of racial

discrimination (Namibia);

148.37 Take the necessary measures to adopt in its national legislation a

clear definition of racial discrimination and that prohibit racial discrimination

in all its forms (Argentina);

148.38 Implement the recommendation made by the Committee on the

Elimination of Racial Discrimination concerning the adoption of a clear and

comprehensive definition of racial discrimination and ensure that its national

legislation is made uniform in this regard (Burkina Faso);

148.39 Include a comprehensive definition of racial discrimination and a

definition of torture in the relevant laws (Mongolia);

148.40 Establish a comprehensive, robust and effective legislative

mechanism aiming at the prohibition and legal sanction of all forms

discrimination (Madagascar);

148.41 Adopt effective legal and administrative measures to forcefully

combat xenophobic and racial discrimination, and genuinely protect the rights

of ethnic minorities (China);

GE.17-23483 23

148.42 Introduce legislation uniformly across the Confederation that

explicitly protects lesbian, gay, bisexual, transgender and intersex persons from

discrimination. In preparing this Act, the issues faced by lesbian, gay, bisexual,

transgender and intersex persons should be taken into account (Ireland);

148.43 Take appropriate measures to introduce a law on equality of

treatment taking particularly into account the interests of lesbian, gay,

bisexual, transgender and intersex minorities, persons with disabilities, women

and other vulnerable groups (Greece);

148.44 Adopt a policy and an action plan at the federal level to combat

discrimination and violence against lesbian, gay, bisexual, transgender and

intersex persons, and in particular include them in national surveys on suicides

(Honduras);

148.45 Adapt the surveys conducted by the Swiss Federal Statistical Office

in order to include transgender people and reflect the findings in the following

universal periodic review cycle (Slovenia);

148.46 Monitor the activities of overseas Swiss companies (Egypt);

148.47 Establish a national regulatory framework for the assessment of

human rights and environmental impact of companies headquartered in

Switzerland (Haiti);

148.48 Enact legislation and adopt measures to ensure that businesses and

their branches operating in Switzerland are accountable for any violations of

human rights or damage to the environment around the world (Iraq);

148.49 Put an end to the policy of imposing unilateral coercive measures

against other countries and take initiatives to eliminate those unilateral

punitive measures that violate human rights in targeted countries and

constitute a breach of the terms of article 1 (2) of the provisions of the

International Covenant on Economic, Social and Cultural Rights as this is a

national decision whose consequences go beyond Swiss borders (Syrian Arab

Republic);

148.50 Establish torture as a criminal offence, in terms fully in line with

article 1 of the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Togo);

148.51 Typify torture as a specific crime, with all the elements of the

definition of article 1 of the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment; take measures to prevent

police brutality, particularly against migrants, asylum seekers and foreigners;

and adopt an effective and independent mechanism to address such complaints

(Bolivarian Republic of Venezuela);

148.52 Include a definition of torture in its Criminal Code incorporating all

elements contained in article 1 of the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment (New Zealand);

148.53 Incorporate in the criminal code and the military criminal code clear

provisions that prohibit all forms of torture (Egypt);

148.54 Extend free legal advice and aid to persons appealing their

convictions (India);

148.55 Take measures to reduce prison overcrowding in the country,

particularly in the Champ-Dollon prison, and ensure that no one is detained

preventively beyond 48 hours (Bolivarian Republic of Venezuela);

148.56 Although Switzerland raised the minimum age of criminal

responsibility of children from 7 to 10 years of age, it is recommended that it

continue with efforts to bring the minimum age of criminal responsibility to an

acceptable level according to international standards (Colombia);

24 GE.17-23483

148.57 Raise the minimum age of criminal responsibility to an

internationally acceptable level (Montenegro);

148.58 Protect and support the family as the natural and fundamental group

unit of society and in doing so maintain the definition of marriage as the right

of men and women of marriageable age to marry and to found a family, in

keeping with article 23 of the International Covenant on Civil and Political

Rights (Kenya);

148.59 Prohibit assisted suicide to protect the human rights of the elderly,

sick, disabled and other vulnerable members of society in line with their

commitment to the right to life, health and non-discrimination (Kenya);

148.60 Further strengthen efforts to eliminate the gender wage gap through

temporary special measures (Myanmar);

148.61 Adopt legislation which explicitly prohibits corporal punishment of

children in all settings, including in the home (Sweden);

148.62 Strengthen and implement the effective protection and full

integration into society, of migrants, refugees, asylum seekers and minorities;

including the commitments of the New York Declaration for Refugees and

Migrants (Costa Rica);

148.63 Decriminalize irregular migration (Brazil);

148.64 Ensure that family reunification of refugees and migrants are

respected in the asylum process (Afghanistan);

148.65 Accelerate the entry into force of the amendments to the Swiss Law

on Asylum concerning judicial assistance (Togo);

148.66 Provide cantons with unified standards for housing and living

conditions for asylum seekers and refugees (Canada);

148.67 Make the process of recognition of professional qualifications

acquired abroad more flexible, to facilitate access to the labour market for

refugees, asylum seekers and provisionally admitted persons (Portugal).

149. 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.

GE.17-23483 25

Annex

Composition of the delegation

The delegation of Switzerland was headed by the Secretary of State at the Federal

Department of Foreign Affairs of Switzerland, Pascale Baeriswyl, and composed of the

following members:

• M. Martin Dumermuth, Directeur de l’Office fédéral de la justice, Département

fédéral de justice et police, DFJP;

• M. François Longchamp, Président du Conseil de l’État de la République et canton

de Genève, Conférence des gouvernements cantonaux, CdC;

• Mme l’Ambassadeur Heidi Grau, Cheffe de la Division sécurité humaine,

Département fédéral des affaires étrangères, DFAE;

• M. l’Ambassadeur Valentin Zellweger, Chef de la Mission permanente auprès des

Nations Unies à Genève, Département fédéral des affaires étrangères, DFAE;

• M. Luca Gobbo, Chargé adjoint de l’information auprès de la Direction des affaires

européennes, DEA, Conférence des gouvernements cantonaux, CdC;

• Mme Andrea Binder-Oser, Cheffe du domaine de droit, Bureau fédéral de l’égalité

entre femmes et hommes, Département fédéral de l’intérieur, DFI;

• M. Michele Galizia, Chef du service de lutte contre le racisme, Département fédéral

de l’intérieur, DFI;

• M. Andreas Rieder, Chef du bureau fédéral de l’égalité pour des personnes

handicapées, Département fédéral de l’intérieur, DFI;

• M. Jean Marie Bouverat, Division multilatérale, Office fédéral des affaires sociales,

Département fédéral de l’intérieur, DFI;

• M. Boris Mesaric, Chef du Service de coordination contre la traite d’êtres humains

et le trafic de migrants SCOTT Département fédéral de justice et police, DFJP;

• M. Adrian Scheidegger, Unité Protection internationale des droits de l’homme,

Office fédéral de la justice, Département fédéral de justice et police, DFJP;

• M. Michel Montini, Office fédéral de l’état civil, Département fédéral de justice et

police, DFJP;

• M. Olivier Gonin, Unité droit pénal international, Office fédéral de la justice,

Département fédéral de justice et police, DFJP;

• Mme Maya Beeler-Sigron, Unité Protection internationale des droits de l’homme,

Office fédéral de la justice, Département fédéral de justice et police, DFJP;

• M. Christian Zumwald, Adjoint juridique, domaine de direction asile, Secrétariat

d’État aux migrations, Département fédéral de justice et police, DFJP;

• Mme Fabienne Baraga, Domaine du droit, Secrétariat d’État aux migrations,

Département fédéral de justice et police, DFJP;

• Mme Amina Joubli, Affaires internationales du travail, Département fédéral de

l’économie, de la formation et de la recherche, DEFR;

• M. Lukas Heinzer, Section droits de l’homme, Mission permanente auprès des

Nations Unies à Genève, Département fédéral des affaires étrangères, DFAE;

• M. Christoph Spenlé, Chef adjoint de la section droits de l’homme, Direction du

droit international public, Département fédéral des affaires étrangères, DFAE;

• Mme Samantha Fréchin, Section Assemblée générale, ECOSOC, Conseil des droits

de l’homme, Département fédéral des affaires étrangères, DFAE;

26 GE.17-23483

• Mme Odile Inauen, Secrétariat d’État du DFAE, Département fédéral des affaires

étrangères, DFAE;

• M. Raphael Nägeli, Chef adjoint de la Division sécurité humaine, Département

fédéral des affaires étrangères, DFAE;

• Mme Sandra Lendenmann, Cheffe de la section politique des droits de l’homme,

Division sécurité humaine, Département fédéral des affaires étrangères, DFAE;

• Mme Martina Schmidt, Section politique des droits de l’homme, Division sécurité

humaine, Département fédéral des affaires étrangères, DFAE;

• M. Patrick Matthey, Section politique des droits de l’homme, Division sécurité

humaine, Département fédéral des affaires étrangères, DFAE;

• Mme Dominique Keller, Section politique des droits de l’homme, Division sécurité

humaine, Département fédéral des affaires étrangères, DFAE;

• Mme Laura Aubry, Section droits de l’homme, Mission permanente auprès des

Nations Unies à Genève, Département fédéral des affaires étrangères, DFAE.