CASE
NO. 17- 40804
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT
Louis Charles Hamilton, II
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT
Louis Charles Hamilton, II
Plaintiff-Appellant
Vs.
Vs.
Donald
John Trump, Sr., 45th President of the United States of
America,
Defendant – Appellee
Motion for Change of Venue to
(ICC) International Criminal
Honorable Ms Fatou Bensouda Prosecutor, Office of the
Prosecutor ICC International Criminal Court, The, Hague, Netherlands
Undersigned “pro se” Council or record Louis Charles Hamilton, II move respectfully
before UNITED STATES COURT OF APPEALS FIFTH
CIRCUIT, for “enjoyment” relief Chief Defendant Donald John Trump Sr.
45th, President of The United States of America being transfer to (ICC)
International Criminal CASE NO. 17- 40804,
*Exhibit A Filed in Support
United Nations A/HRC/WG.6/22/L.10
General Assembly UNEDITED VERSION Distr.: Limited 21 May 2015 Original: English
Human Rights Council Working Group
on the Universal Periodic Review Twenty-second session Geneva, 4-15 May 2015
Draft report of the Working Group on the Universal Periodic Review* United
States of America
Contents Paragraphs Page
Introduction 1–4 3 I Summary of the proceedings of the review
process................................................5–6 3 A. Presentation by
the State under review
...................................................................5–14 3 B.
Interactive dialogue and responses by the State under review
................................15–175 4 II. Conclusions and/or
recommendations.....................................................................176–177
11 Annex Composition of the delegation............................................................................................................................
33
Introduction 1. The Working Group
on the Universal Periodic Review (UPR), established in accordance with Human
Rights Council resolution 5/1 of 18 June 2007, held its twentysecond session
from 4 to 15 May 2015. The review of the United States of America was held at
the 11th meeting on 11 May 2015. The delegation of the United States of America
was headed by The Honorable Keith Harper, U.S. Ambassador to the Human Rights
Council United States Mission to the United Nations Office in Geneva and Mary
McLeod, Acting Legal Adviser, Office of the Legal Adviser, Department of State.
At its 17th meeting held on 15 May 2015, the Working Group adopted the report
on the United States of America. 2. On 13 January 2015, the Human Rights
Council selected the following group of rapporteurs (troika) to facilitate the
review of the United States of America: Botswana, the Netherlands, Saudi
Arabia. 3. In accordance with paragraph 15 of the annex to resolution 5/1 and
paragraph 5 of the annex to resolution 16/21, the following documents were
issued for the review of the United States of America: (a) A national report
submitted/written presentation made in accordance with paragraph 15 (a)
(A/HRC/WG.6/22/USA/1); (b) A compilation prepared by OHCHR in accordance with
paragraph 15 (b) (A/HRC/WG.6/22/USA/2); (c) A summary prepared by OHCHR in accordance
with paragraph 15 (c) (A/HRC/WG.6/22/USA/3). 4. A list of questions prepared in
advance by Azerbaijan, Belgium, China, Cuba, Czech Republic, Denmark, Germany,
Mexico, Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland and United
Kingdom of Great Britain and Northern Ireland was transmitted to the United
States of America through the troika. These questions are available on the
extranet of the UPR. I. Summary of the proceedings of the review process A.
Presentation by the State under review 5. The co-head of the U.S. delegation,
Ambassador Keith Harper, noted the importance of the UPR mechanism and
expressed pride in the U.S. record and acknowledgement of its imperfections. He
welcomed civil society’s presence and engagement. 6. He highlighted the United
States’ announcement of support for the UN DRIP as further explained in its
Statement of Support and its enactment of laws to empower tribal governments to
provide for public safety and to protect Native American women against domestic
violence and sexual assault. 7. The other co-head of the U.S. delegation,
Acting Legal Adviser Mary McLeod, noted that the United States has carefully
considered the recommendations accepted from fellow UN Member States during its
first UPR, and has taken many steps to implement them. 8. She provided an
outline of the democratic system in the United States, which allows for
scrutiny, advocacy, and debate to fuel progress and reform. She outlined
federal efforts A/HRC/WG.6/22/L.10 4 to end violence and discrimination against
LGBT individuals, to prosecute crimes motivated by bias, to prohibit
discrimination in federal employment and the military, and to support efforts
to ban the use of conversion therapy for minors. Progress has also been made at
the state level. 9. She noted that although there are many successes to report,
there remains much work to be done, including in light of the public release of
the Executive Summary of the Senate Select Committee on Intelligence report on
the former CIA detention and interrogation program. 10. She noted that
President Obama has acknowledged that with respect to that program, the United
States crossed a line and did not live up to its own values, and that the
United States takes responsibility for that. She added that the United States
has since taken steps to clarify that the legal prohibition on torture applies
everywhere and in all circumstances and to ensure that the United States never
resorts to use of those harsh interrogation techniques again. 11. James Cadogan
of the U.S. Department of Justice provided an overview of efforts to combat
discrimination in the United States through laws like the Civil Rights Act of
1964 and the Voting Rights Act of 1965. 12. He noted that the recent tragic
police-involved shootings or deaths of young African-American men have renewed
a longstanding and critical debate about the evenhanded administration of
justice. 13. The Department of Justice has prosecuted more than 400
law-enforcement officials for excessive use of force in the past six years and
has opened more than 20 investigations into discriminatory policing-practices
in various cities and states. A Presidential Task Force has also been convened
on the issue. 14. Work continues to combat discrimination in other areas,
including in protecting an equal right to vote. The Department of Justice has
recently brought challenges to raciallydiscriminatory voting laws in North
Carolina and Texas. B. Interactive dialogue and responses by the State under
review 15. During the interactive dialogue, 117 delegations made statements.
The recommendations made during the dialogue can be found in section II of the
present report. All written statements of the delegations, to be checked
against delivery on the United Nations Webcast archives,1 are posted on the
extranet of the Human Rights Council when available. 2 16. Kazakhstan made a
statement. 17. Kenya was concerned with weak human rights monitoring mechanisms
and digital data protection. 18. Latvia noted that CEDAW has been designated as
a priority for ratification. 19. Lebanon commended USA`s commitment to the
principles of human rights established in constitutional law. 1
http://webtv.un.org/meetings-events/human-rights-council/universal-periodic-review/watch/usareview-22nd-session-of-universal-periodic-review/422910642200
2
https://extranet.ohchr.org/sites/upr/Sessions/22session/USA/Pages/default.aspx
A/HRC/WG.6/22/L.10 5 20. Libya commended the progress that has been achieved
since the first UPR report. 21. Liechtenstein took positive note of USA`s
efforts to protect national security and civil liberties. 22. Lithuania
appreciated the consultation process of the US Government with the civil
society. 23. Luxembourg made a statement. 24. Malaysia noted the findings of
the Senate Intelligence Committee report on Torture. 25. Mali welcomed the US
commitment to the implementation of international instruments obligations. 26.
Mauritania encouraged the US to strengthen its cooperation with the human
rights mechanisms. 27. Mauritius commended the US for its commitment in
reviewing domestic laws and institutions. 28. Mexico acknowledged efforts for
training of law enforcement officers on the prohibition of discrimination. 29.
Montenegro noted Human Rights Committee concerns about racial disparities in
the imposition of the death penalty. 30. Morocco noted the US efforts regarding
training of law enforcement officials to avoid racial profiling. 31. Namibia
noted that three states repealed capital punishment laws since the last UPR
cycle. 32. Nepal noted that the US went on with measures to combat racial and
religious discrimination and hate crimes. 33. The Netherlands noted that no
specific steps had been taken to ratify CEDAW. 34. New Zealand expressed
concerns at the lack of full Treaty-level protection for a number of vulnerable
groups. 35. Nicaragua made a statement. 36. Niger appreciated the US support to
the OHCHR activities and its cooperation with human rights mechanisms. 37.
Nigeria welcomed initiatives at fostering relations between law enforcement officers
and communities. 38. Norway was concerned at the application of the death
penalty. 39. Pakistan made a statement. 40. Panama appreciated the US
cooperation program to eradicate all forms of child labour in Panama. 41.
Paraguay acknowledged the invitation to the SR on Torture to visit Guantanamo,
expecting that he could fulfil his mandate. 42. Peru highlighted the
achievements on education, particularly the initiative “Indigenous Generation”.
43. Philippines appreciated the increasing number of criminal convictions of
human traffickers. A/HRC/WG.6/22/L.10 6 44. Poland welcomed US efforts to
comply with first UPR cycle recommendations. 45. Portugal was concerned at
recent cases where executions by lethal injections inflicted cruel punishment.
46. Republic of Korea praised efforts to raise public awareness of human
rights. 47. Republic of Moldova welcomed measures aimed at greater protection
for juvenile offenders. 48. Czech Republic appreciated the consultations
preceding the national report. 49. Russian Federation regretted that US paid
insufficient attention to the first UPR cycle recommendations. 50. Rwanda
welcomed the increasing number of states which had abolished the death penalty.
51. Senegal noted the US support to African countries affected by Ebola. 52.
Serbia praised initiatives to expand access to health care. 53. Sierra Leone
was concerned at protracted detentions and racial discrimination. 54. Singapore
acknowledged US efforts to comply with first UPR cycle recommendations. 55.
Slovakia noted a moratorium on the death penalty on an ad hoc basis by the
Federal Government. 56. Slovenia noted challenges, particularly
non-discrimination, prohibition of torture and mass surveillance. 57. The
United States noted its view that torture and cruel, inhuman and degrading
treatment and punishment are absolutely prohibited at all times and in all
places under both international law and U.S. domestic law. 58. President Obama
issued an Executive Order ending the CIA’s detention and interrogation program
and directing humane treatment of individuals detained in armed conflict. The
United States has investigated torture or mistreatment allegations post-9/11.
59. In combating terrorism, the United States remains firmly committed to
upholding its international obligations. 60. The United States is party to a
number of human rights treaties and continues to explore whether and how to
ratify additional treaties, including the CRPD and CEDAW. 61. While it is not
at this time considering becoming a party to the Rome Statute of the ICC, the
United States does engage with States Parties on issues of concern, consistent
with requirements of U.S. law. 62. U.S. intelligence activities are authorized
pursuant to a framework based on the rule of law, whereby statutes and other
authorities established through democratic institutions govern its activities.
U.S. intelligence collection programs and activities are subject to stringent
and multi-layered oversight mechanisms. 63. Although the United States has
federal laws and laws in the majority of states authorizing the death penalty
for the most serious crimes that are within constitutional limits and
consistent with its international obligations, defendants eligible for the
death penalty receive heightened procedural safeguards - over and above those
enjoyed by all criminal defendants. A/HRC/WG.6/22/L.10 7 64. The recent trend
in the United States is away from the use of capital punishment. No defendant
found by a court to have significant intellectual and adaptive disabilities may
be subject to capital punishment, either at the state or federal level. 65. The
United States seeks to prevent excessive uses of force and racial profiling in
law enforcement by participating in training of federal, state, and local
law-enforcement officers across the country. 66. In December, the United States
announced an updated policy applicable to all law enforcement activity under
federal supervision, instructing that officers may not consider race or a
number of other factors to any degree when making routine or spontaneous
lawenforcement decisions, unless those characteristics apply to a suspect’s
description. 67. The United States makes strong efforts to combat racial
discrimination in education, strongly supporting diversity at all levels. 68. The
United States seeks to address hate crimes, including through the Shepard-Byrd
Hate Crimes Prevention Act, which greatly expanded the federal government’s
ability to prosecute bias-motivated violence. 69. There has been a trend away
from corporal punishment in U.S. schools, and U.S. parenting programs and home
visitation providers stress positive discipline with parents, guiding them away
from physical or violent punishment. 70. The United States has a strong
commitment to preventing domestic violence, dating violence, sexual assault,
and stalking; assisting those who are survivors; and holding accountable those
who commit such crimes. The Violence Against Women Act is designed to increase
the availability of services for victims of violence and improve the
criminaljustice response. 71. South Africa encouraged the US to implement the
recommendations of the first review. 72. Spain welcomed efforts to close the
Guantanamo Military Prison, and the “Affordable Medical Care”. 73. Sudan urged
the government to eliminate all forms of discrimination in all areas. 74.
Sweden made a statement. 75. Switzerland noted the Senate report on methods of
interrogation in the context of the fight against terrorism. 76. Thailand
expressed concern at racial profiling by local law enforcement and immigration
authorities. 77. The Former Yugoslav Republic of Macedonia welcomed initiatives
to promote human rights at international fora. 78. Timor-Leste commended the
Government for its support for the UN Declaration on the Rights of Indigenous
Peoples. 79. Togo welcomed the law on access to healthcare, and efforts to
guarantee equal opportunities in education. 80. Trinidad and Tobago noted the
need to rid the society of racial discrimination. 81. Tunisia noticed the
efforts made in combating racism and hate crimes. 82. Turkey expressed concerns
about poor protection services for sexually exploited children.
A/HRC/WG.6/22/L.10 8 83. Ukraine noted the commitment to improving
implementation of human rights obligations and adherence to the UPR. 84. United
Kingdom of Great Britain and Northern Ireland urged closing the Guantanamo Bay
detention facility. 85. Uruguay praised efforts to combat discrimination, and a
decline in the application of the death penalty in states. 86. Brazil referred
to LGBT rights, immigration and border security and interferences to privacy.
87. Viet Nam highlighted the need to ratify the remaining core international
human rights treaties. 88. Albania commended measures to counter intolerance,
violence and discrimination. 89. Algeria commended efforts undertaken to
eliminate racial discrimination. 90. Angola noted executive actions to improve
the regulation of immigration. 91. Argentina expressed concern that the
application of the death penalty is characterized by discrimination and
arbitrariness. 92. Armenia appreciated US commitment to prevention of the crime
of genocide. 93. Australia welcomed US efforts to better protect the rights of
Native Americans. 94. Austria expressed concern that individuals continue to
serve life sentences without parole for crimes committed when they were less
than 18 years old. 95. Azerbaijan noted the concerns expressed by treaty bodies
about torture and illtreatment in detention. 96. Bangladesh noted concerns
about racial profiling against religious minorities. 97. Belgium noted reports
on health hazards for children working in farms. 98. Benin noted the progress
made in wages equality. 99. Bosnia and Herzegovina noted steps concerning
indigenous peoples and asked for the Guantanamo facility closure. 100. Botswana
noted violence against women and encouraged addressing racial discrimination.
101. Venezuela (Bolivian Republic of) made a statement. 102. Bulgaria noted
efforts against racial discrimination. 103. Burkina Faso urged for improvement
concerning women, children and migrants’ rights. 104. Cabo Verde noted the lack
of progress on treaties’ ratification. 105. Canada commended prosecution
against forced labour and human trafficking. 106. The United States is
committed to the effective implementation of its human rights obligations and
welcomes input on ways to improve. Although it does not have a single national
human rights institution, it has multiple complementary protections and
mechanisms to reinforce respect for human rights, including through independent
judiciaries at the federal and state levels and numerous state and local human
rights institutions.
107. Recently, the federal
government has increased engagement with state, local, tribal, and territorial
governments on U.S. human rights obligations. For example, the State of
Illinois and the federal government have worked together to protect Illinois
residents from discrimination by mortgage lenders and other forms of financial
exploitation. 108. Additionally, U.S. states and cities often lead efforts to
enforce anti-discrimination laws and implement important reforms. The City of
Chicago’s significant steps to respond to and prevent incidents of police
misconduct include creating a reparations fund and formally apologizing to the victims
of certain police violence. Chicago aims to improve relations among police and
residents through training and a renewed commitment to community policing. 109.
The United States has successfully challenged initiatives by U.S. states to
criminalize mere undocumented presence in the country. 110. Noncitizens facing
removal from the United States are afforded significant procedural protections,
and those detained can challenge immigration detention in court. 111. The
United States is committed to accountability for Homeland Security personnel
involved in any wrongdoing or misconduct, including excessive use of force.
112. For individuals detained pending removal proceedings and during the period
reasonably necessary to remove them, the United States ensures that they are
treated humanely and in a manner consistent with the U.S. Constitution, federal
laws and policies, and applicable international obligations. 113. It has
established detailed immigration detention standards and remains committed to
preventing abuses regarding detention conditions and bringing to justice those
who commit them. There are more enrollees in alternatives-to-detention programs
than ever before. 114. The United States works aggressively to prevent and
address human trafficking, through wide-ranging efforts, including those
related to training and victims’ services. 115. U.S. federal law prohibits all
forms of housing-related discrimination based on race, color, religion,
national origin, sex, disability, or because you have children. 116. The U.S.
government helps communities pursue alternatives to arrest and prosecution of
individuals for various behaviors associated with homelessness by focusing on
providing technical assistance and financial resources to help communities
provide housing first. 117. In addressing homelessness, the United States has
made it a priority first to meet the housing needs of families and individuals,
and then provide other social support and assistance, setting an ambitious
agenda to reduce all forms of homelessness within the decade, and to reduce
homelessness among veterans by the end of 2015. 118. Chad noted concern related
to recent events targeting the black community. 119. Chile valued measures
implementing human rights standards. 120. China highlighted US’ deep rooted
human rights problems. 121. Congo made recommendations. 122. Costa Rica was
concerned about racial discrimination, and excessive use of force. 123. Côte
d’Ivoire encouraged measures against discrimination and violence. 124. Croatia
asked about measures against domestic violence, and gender discrimination in
the workplace. A/HRC/WG.6/22/L.10 10 125. Cuba made a statement. 126. Cyprus
commended steps concerning indigenous peoples and human trafficking. 127.
Romania noted the presentation of reports to Treaty Bodies. 128. Democratic
People’s Republic of Korea was concerned about human rights violations by US.
129. Democratic Republic of the Congo made a statement. 130. Denmark commended
the CIA report on interrogation practice in detention. 131. Dominican Republic
suggested preventing discrimination against indigenous and African-descent
people. 132. Ecuador urged to prosecute torture. 133. Egypt made a statement.
134. El Salvador urged to safeguard migrants’ rights, namely unaccompanied children.
135. Estonia noted the US leadership on freedom of expression. 136. Fiji raised
concern about life imprisonment for children convicted of murder. 137. Finland
expected CEDAW ratification. 138. France made a statement. 139. Gabon
encouraged the US to continue fighting discrimination. 140. Germany made a
statement. 141. Ghana commended the US for their commitment to the UPR. 142.
Greece appreciated the implementation of American human rights obligations.
143. Guatemala noted the abolition of the death penalty in three States. 144.
The Holy See acknowledged the US efforts to protect human rights. 145. Honduras
welcomed measures to protect unaccompanied migrant children. 146. Hungary noted
that no human rights treaties were ratified since 2010. 147. Iceland made a
statement. 148. India noted deficiencies in law enforcement procedures. 149.
Indonesia appreciated the US engagement with the UPR. 150. The Islamic Republic
of Iran was concerned at the definition of racial discrimination. 151. Iraq
welcomed efforts to combat religious discrimination. 152. Ireland was concerned
by harsh death row conditions. 153. Israel noted the action plan to assist
trafficking victims. 154. Italy appreciated the US dedication to eliminate
racial discrimination. 155. Japan noted that the US did not ratify any human
rights treaty since its first UPR. 156. Plurinational State of Bolivia made a
statement. 157. Maldives made a statement. 158. Uzbekistan noted concerns about
discrimination and the rights of migrants. A/HRC/WG.6/22/L.10 11 159. The
detainees held at the Guantanamo Bay facility continue to be detained lawfully,
both as a matter of international law and under U.S. domestic law. At the same
time, President Obama has stated that closing the Guantanamo detention facility
is a national imperative. 160. U.S. are fully committed to ensuring that
individuals we detain in any armed conflict are treated humanely in all
circumstances, consistent with applicable U.S. treaty obligations, U.S.
domestic law, and policy. 161. Eliminating sexual assault in the military
through continuous assessment and improvement to prevention and response
programs remains one of the Department of Defense’s top priorities. 162. U.S.
forces go to extraordinary lengths to avoid civilian casualties, and the United
States takes seriously and reviews all credible reports of civilian deaths and
injuries. 163. The United States has worked steadily over the last several
years to clarify, refine, and strengthen its standards and procedures for
counterterrorism operations outside the United States and areas of active
hostilities. 164. As part of its ongoing immigration detention reform programs,
the United States has significantly improved health services for all persons in
its custody, including women. 165. For unaccompanied children, the United
States is fully committed to holding children only for the shortest amount of
time necessary to complete immigration processing and to treating the children
with dignity and respect during their time in U.S. custody. 166. By law, all
persons in the United States, including undocumented migrants, are entitled to
emergency health services, regardless of legal status. 167. The United States
is taking steps to improve access to healthcare for racial and ethnic
minorities, including through the enactment and implementation of the
Affordable Care Act in 2010. 168. The United States is committed to promoting
women’s health and eliminating barriers to healthcare services. The U.S.
government regularly reviews its policies to take all appropriate measures to
improve the health and status of women and girls around the world, including
survivors of sexual violence. 169. In all cases where the death penalty is or
can be applied, the United States seeks to ensure the absence of racial discrimination
and respect for legal and procedural safeguards. 170. Each U.S. federal agency
has an official tribal-consultation policy for matters directly affecting
tribal nations. President Obama established the White House Council on Native
American Affairs, composed of leaders of each of the cabinet-level agencies,
who meet with tribes on a quarterly basis. 171. The United States introduced
Generation Indigenous, a new effort to engage Native youth, and it will host a
Native Youth Conference in July 2015. 172. The United States remains committed
to self-determination and self-governance, empowering tribes to make their own
decisions about the future of their peoples. 173. The United States is
committed to supporting tribes’ efforts to recover their human remains, sacred
and ceremonial objects, and cultural property that has been stolen, looted, or
trafficked. 174. The United States is concerned about the pay gap between men
and women, and President Obama has issued Executive Order 13665, intended to
protect workers and job applications from discrimination by federal contractors
if they inquire about, disclose, or discuss their compensation or that of
another applicant or worker. A/HRC/WG.6/22/L.10 12 175. The United States
welcomed and paid tribute to civil society for vigorous engagement throughout
the first and second cycles of the UPR, noting that it fully supports and
welcomes civil society’s involvement. **II. Conclusions and/or
recommendations 176. The following recommendations will be examined by The United
States of America which will provide responses in due time, but no later than
the 30th session of the Human Rights Council in September/October 2015: 176.1.
Consider the ratification of those international human rights instruments from
which the US is still not a party (Peru); 176.2. Ratify the international human
rights instruments from which it is not a party (Nicaragua); 176.3. Ratify all
international human rights instruments to which it is not yet a State party
(Bolivia (Plurinational State of)); 176.4. Take genuine steps towards the
ratification of Treaties and Optional Protocols to Conventions that the United
States has already signed, but not yet ratified (Germany); 176.5. Accelerate
the ratification of outstanding international human rights legal instruments
(Viet Nam); 176.6. Consider ratifying more human rights instruments (Israel);
176.7. Consider ratifying the core international human rights instruments and
other relevant international conventions (Panama); 176.8. Work more to join the
international treaties on human rights (Tunisia); 176.9. Withdraw all
reservations to international human rights treaties and implement their
provisions fully and in good faith (Russian Federation); 176.10. Ratify
OP2-ICCPR (Timor-Leste); 176.11. Sign and ratify ICCPR-OP2, aiming at the
abolition of the death penalty (Chile); 176.12. Consider the ratification of
ICCPR-OP2 (Namibia); 176.13. Establish a formal moratorium on the death penalty
with a view to ratifying the OP2-ICCPR (Australia); 176.14. Adhere to international
legal instruments to which it is not yet a party, particularly the Second
Optional Protocol to the ICCPR (Gabon); 176.15. Ratify the ICESCR (Uzbekistan)
/ Ratify as soon as possible ICESCR (China) / Become a State Party to ICESCR
(Trinidad and Tobago); 176.16. Step up efforts to ratify ICESCR, CEDAW and CRC
(Philippines); 176.17. Consider ratifying CEDAW, ICESCR and also consider
acceding to OPCAT (Mauritius); ** Conclusions and recommendations will not be
edited A/HRC/WG.6/22/L.10 13 176.18. Proceed to the ratification of CRC, signed
in 1995, CEDAW signed in 1980, ICESCR, signed in 1977, and transpose them into
national law (Luxembourg); 176.19. Promptly ratify CEDAW and CRPD, as well as
other core human rights conventions such as the ICESCR and CRC (Nepal); 176.20.
Accede to the key international human rights instruments CRC, ICESCR, CRPD and
CEDAW (Sierra Leone); 176.21. Consider ratification of the ICESCR; CEDAW, CRC,
CRPD as well as the Optional Protocols to these conventions to which US is still
not a party (Kazakhstan); 176.22. Reinforce its role as a global leader on
human rights by becoming a party to the ICESCR, the CEDAW, the CRC, and the
CRPD (Australia); 176.23. Consider ratifying the ICESCR, CRC and CEDAW
(Bulgaria); 176.24. Consider early ratification of international conventions
like ICESCR, CRC and CEDAW (India); 176.25. Expedite the ratification process
of the CRPD and CEDAW and consider ratifying other international human rights
conventions, particularly the ICESCR, CRC and the ICRMW (Indonesia); 176.26.
Ratify CRC and ICESCR (Egypt); 176.27. Consider the ratification of the
International Covenant for Economic and Social Rights, the Convention for the
Rights of the Child and the Convention for Elimination of all forms of
discrimination against women (Romania); 176.28. Ratify in due course
instruments, such as ICRMW, CRC and ICESCR (Cabo Verde); 176.29. Ratify
international human rights treaties particularly the OPICESCR, CEDAW, and CRC
(Togo); 176.30. Ratify the core international human rights instruments, in
particular CRC and CEDAW (Paraguay); 176.31. Ratify CEDAW and the CRC, and
ensure their full implementation (Botswana); 176.32. Contribute to the
universal application of CRC and CEDAW by ratifying these two important human
rights conventions at an early stage (Iceland); 176.33. Ratify CRC, ICRMW,
ICPPED, CRPD, CEDAW and the Rome Statute (Ghana); 176.34. Consider the option
of ratifying the relevant international conventions, mainly CEDAW, CRC and the
International Convention for the Protection of All Persons from Enforced
Disappearance (Democratic Republic of the Congo); 176.35. Urgently move to
ratify CRPD, CRC and CEDAW (New Zealand); 176.36. Ratify CRC, CEDAW, CRPD and
the ICC statute, as previously recommended (Hungary); A/HRC/WG.6/22/L.10 14
176.37. Continue to exert efforts to ratify major international human rights
instruments, particularly including CEDAW and CRC (Republic of Korea); 176.38.
Consider ratification of the CRC, CEDAW, as well as the other core
international human rights treaties that the United States is not a party to
(The former Yugoslav Republic of Macedonia); 176.39. Ratify without delay CRPD
and CEDAW in accordance with its previously expressed commitment (Czech
Republic); 176.40. Ratify CEDAW (Turkey) (Iraq) (Slovenia) (Bosnia and
Herzegovina) (France) (Canada) / Ratify as soon as possible CEDAW (China) /
Become a State Party to CEDAW (Trinidad and Tobago) / Ratify CEDAW as soon as
possible (Japan); 176.41. Ratify CEDAW (Lebanon); 176.42. Speed up its national
examination procedures with a view of prompt ratification of the CEDAW
(Latvia); 176.43. Ratify the OP-CAT (Lebanon); 176.44. Ratify the OP-CAT
(Switzerland) (Denmark); 176.45. Ratify OP-CAT and take swift measures to
ensure the human rights of convicts and persons in custody (Estonia); 176.46.
Consider ratifying the CRC and the Rome Statute of the ICC (Austria); 176.47.
Ratify CRC (Mali); 176.48. Ratify the CRC (Sweden) (Timor-Leste) (Algeria)
(Maldives) (France) (Portugal) (Slovenia) / Ratify as soon as possible CRC
(China) (Japan) Become a party to the CRC (Canada); 176.49. Ratify and
implement into domestic law CEDAW, CRC and CRPD (Estonia); 176.50. Expedite the
ratification of the CRC (Libya); 176.51. Pass legislation domestically to
prohibit the passing of life imprisonment without the possibility of parole on
offenders who were children at the time of offending, and ratify without any
further delay the CRC (Fiji); 176.52. Ratify the CRC and OP-CAT (Czech
Republic); 176.53. Ratify the major human rights instruments, in particular the
CRC and ICRMW (Honduras); 176.54. Ratify, among others, CRC, CRPD, ICRMW /
Accede to the American Convention on Human Rights and recognize the competence
of the Inter-American Court on Human Rights (Chile); 176.55. Consider ratifying
CRC and ICRMW (Burkina Faso); 176.56. Ratify CRC and CRPD (Iran (Islamic
Republic of)); 176.57. Improve the protection of children at national level by
ratifying the Convention on the Rights of the Child and its Optional Protocols
(Slovakia); 176.58. Ratify CRPD (Guatemala) (Canada) (Bosnia and Herzegovina) /
Ratify as soon as possible CRPD (China); A/HRC/WG.6/22/L.10 15 176.59. Ratify
the ICRMW (Guatemala); 176.60. Consider ratifying the International Convention
on the Rights of Migrant Workers and their Families and ILO Convention 189
(Philippines); 176.61. Ratify the Convention on the Rights of Persons with
Disabilities and ILO’s Convention No 111 on Discrimination in Employment and
Occupation (Sudan); 176.62. Ratify the Arms Trade Treaty thus strengthening
international regulation of the trade and transfer of conventional weapons,
including small arms and light weapons (Trinidad and Tobago); 176.63. Ratify
the Rome Statute of the ICC (New Zealand); 176.64. Ratify the Rome Statute of
the ICC (Timor-Leste) (Maldives) (France) (Guatemala) (Slovenia) / Become a
State Party to the Rome Statute of the ICC (Trinidad and Tobago); 176.65.
Become a state party to the Rome Statute of the ICC (Chad); 176.66. Ratify and
fully align its national legislation with all the obligations under the Rome
Statute of the International Criminal Court (Latvia); 176.67. Ratify without
delay the Rome Statute of the International Criminal Court (Fiji); 176.68. Take
concrete steps towards ratifying the Rome Statute of the International Criminal
Court as early as possible (Cyprus); 176.69. Boost the cooperation with the
International Criminal Court with the objective to accede to the Rome Statute
(Luxembourg); 176.70. Ratify all international human rights conventions and protocols,
and those of the ILO and the Rome Statute (Venezuela (Bolivarian Republic of));
176.71. Ratify fundamental ILO Conventions on forced labour (No. 29) and
Minimum Age for Admission to Employment (No. 138) (Uzbekistan); 176.72.
Positively consider signing and ratifying the principal international and
Inter-American human rights instruments, as well as reviewing the reservations
and declarations that may affect the object and purpose of such instruments
(Uruguay); 176.73. Conduct human rights awareness-raising activities for law
enforcement officers (Viet Nam); 176.74. Strengthen human rights education
programs and training for all civil servants, particularly for law enforcement
and immigration officers, and combat impunity concerning abuses against defenceless
persons (Costa Rica); 176.75. Create a national human rights institution
(Senegal); 176.76. Set up a federal human rights institution (Congo) /
Strengthen its institutional framework by establishing an independent human
rights institution in accordance with the Paris Principles (Tunisia) /
Establish an independent national human rights institution in accordance with
the Paris Principles (Paraguay); 176.77. Create a national human rights
institution in conformity with the Paris Principles (Venezuela (Bolivarian
Republic of)); A/HRC/WG.6/22/L.10 16 176.78. Establish an independent national
human rights institution, in accordance with the Paris Principles (Poland);
176.79. Establish a centralised national human rights institution which is in
line with the Paris Principles (Sierra Leone); 176.80. Consider the
establishment of the independent national human rights institution (Republic of
Korea); 176.81. Consider the establishment of a national human rights
institution (Sudan); 176.82. Consider establishing a national human rights
institution (India) / Consider establishing a national human rights institution
in accordance with the Paris Principles (Nepal) / Consider the possibility of
establishing an independent national human rights institution in line with the
Paris Principles (Panama) / Consider establishing an independent national human
rights institution in accordance with the Paris Principles to further improve
coordination in the human rights sphere at the national level (Ukraine) /
Consider establishing promptly a national human rights institution in
accordance with the Paris Principles (Democratic Republic of the Congo) /
Consider establishing a national human rights institution, in accordance to the
Paris Principles (Indonesia); 176.83. Consider establishing national human
rights institution (Kenya); 176.84. Consider establishing an independent
national human rights institution, in accordance with the Paris Principles
(Kazakhstan); 176.85. Accelerate the process of establishment of the national human
rights institution (Gabon); 176.86. Establish a national human rights
institution to provide national coherence to the efforts of promotion and
protection of human rights (Morocco); 176.87. Create a human rights institution
at the federal level in accordance with the Paris Principles as a national
“focal point” for the promotion and protection of human rights (Hungary);
176.88. Continue strengthening the existing human rights monitoring mechanisms
(Nepal); 176.89. Work towards the establishment of a national human rights
institution in accordance with the Paris Principles (Philippines); 176.90.
Establish a national human rights institution in accordance with the Paris
Principles and adopt a national action plan to address structural racial
discrimination (Chile); 176.91. Adopt an action plan consistent with the Durban
Declaration and Programme of Action in an effort to eradicate racial
discrimination effectively (Namibia); 176.92. Adopt and implement a national
plan in accordance with the Durban Declaration and Program of Action (Cuba);
176.93. Take all legal measures to adopt and implement a national racial
justice plan consistent with the Durban Declaration and Programme of Action
(Iran (Islamic Republic of)); A/HRC/WG.6/22/L.10 17 176.94. Undertake measures
to combat racial discrimination, including adoption of a National Action Plan
to Combat Racial Discrimination as recommended by the Committee on the
Elimination of Racial Discrimination (South Africa); 176.95. Adopt and
implement a national plan inspired by the Durban Declaration and Program of
Action, for the benefit especially of disadvantaged minorities, which are
Afro-Americans and indigenous peoples (Cabo Verde); 176.96. Unconditionally
abolish its extraterritorial legislation on human rights and related matters,
including the “North Korea Human Rights Act”(Democratic People’s Republic of
Korea); 176.97. Interpret the Helms Amendment on the Allocation of Foreign
Assistance in such a way that US Foreign Assistance enables safe abortion for
women and girls who have been raped and impregnated in conflict situations
(Netherlands); 176.98. Clarify its interpretation of the Helms amendment in
order to be able to provide safe abortion for rape survivors (United Kingdom of
Great Britain and Northern Ireland); 176.99. Allow foreign assistance to
support safe abortion services, where legal in the host country. This should
apply as a minimum in the cases of rape, incest and life endangerment, as is
also permitted by existing US federal law (Belgium); 176.100. Ensure that the
US international aid allows access to sexual and reproductive health services
for women victims of sexual violence in conflict situations (France); 176.101.
Put an end to all sanctions and unilateral coercive measures that violate
sovereignty, the self-determination of the peoples and the full exercise of
human rights, imposed to countries in all the regions of the world (Nicaragua);
176.102. Raise the level of ODA to achieve the UN target of 0.7 percent of GDP
(Bangladesh); 176.103. Repeal the Interventionist Decree against Venezuela and
unilateral coercive measures imposed on sovereign countries (Venezuela
(Bolivarian Republic of)); 176.104. Respect the sovereignty and
self-determination of Venezuela (Venezuela (Bolivarian Republic of)); 176.105.
Pursue the cooperation with international human rights mechanisms (Côte
d’Ivoire); 176.106. Take further steps to implement the recommendations
accepted during the 1st UPR cycle (Kazakhstan); 176.107. Consider the
possibility of establishing a system to follow up international
recommendations, including UPR accepted recommendations (Paraguay); 176.108.
That a mechanism be established at the federal level to ensure comprehensive
and coordinated compliance with international human rights instruments at federal,
local and state level (Norway); 176.109. Issue a standing invitation to all
special procedures of the Human Rights Council (Czech Republic) / Extend a
standing invitation for Special A/HRC/WG.6/22/L.10 18 Procedures mandate
holders (Germany) / Extend a standing invitation to the special procedures
(Guatemala); 176.110. Consider extending a standing invitation to all special
procedures mandate holders of the Human Rights Council (Latvia); 176.111.
Enhance further co-operation with human rights mechanisms including issuing a
standing invitation to special procedures and providing full access to the
Special Rapporteur on Torture (Republic of Korea); 176.112. Consider issuing
standing invitations to all special procedures and institute measures to ensure
women are paid equally as men for the same work (Ghana); 176.113. End various
forms of inequality (Egypt); 176.114. Improve domestic legislation towards a
genuine gender equality in the working place (Congo); 176.115. Ensure that
women receive equal pay for equal work so as to close the gender pay gap
(Serbia); 176.116. Eliminate discrimination against women by introducing paid
maternity leave and providing equal pay for women for the same work (Maldives);
176.117. Issue a decree on compulsory maternity leave and equal wages for men
and women (Venezuela (Bolivarian Republic of)); 176.118. Put forward continued
efforts in raising awareness and working towards addressing issues related to
the racial discrimination (Republic of Korea); 176.119. Take administrative and
legal measures against perpetrators of racially motivated acts (Bangladesh);
176.120. Strengthen the existing laws and legislation in order to combat
different forms of discrimination, racism and hatred (Lebanon); 176.121. Take
further measures to eliminate racial discrimination in all of its forms and
manifestations, in particular, by prohibiting the practice of race profiling in
law enforcement, as recommended by the UN Treaty Bodies (Kazakhstan); 176.122.
Bring in line the definition of racial discrimination in federal and state
legislation with the provisions of ICERD (Ghana); 176.123. Combat better
against racial discrimination (Senegal); 176.124. Invest further efforts in
addressing the root causes of recent racial incidents and expand its capacity
in reducing poverty in neighbourhoods experiencing sub/par public services,
including access to adequate housing and public safety (Serbia); 176.125. End
discrimination in law and practice against all minorities and migrants,
particularly against women and children from poor families and take effective
steps to prevent and combat violence against them (Iran (Islamic Republic of));
176.126. Abolish any discriminatory measures that target Muslims and Arabs at
airports (Egypt); A/HRC/WG.6/22/L.10 19 176.127. Continue to strengthen
police-community relations with a view to reduce tension in the community
(Montenegro); 176.128. Continue efforts in strengthening police-community
relations (Rwanda); 176.129. Continue the efforts to examine how to strengthen
public trust and foster strong relationships between local law enforcement and
communities they serve (Albania); 176.130. Collaborate closely with
marginalized communities to fix the problems in the justice system that
continues to discriminate against them despite recent waves of protest over
racial profiling and police killings of unarmed black men (Namibia); 176.131.
Continue to take strong actions, including appropriate judicial measures, to
counter all forms of discrimination and hate crimes, in particular those based
on religion and ethnicity (Singapore); 176.132. Toughen its efforts to prevent
religion and hate crimes as it is evident that the crimes are on the increase
(Nigeria); 176.133. Continue its efforts in preventing and prosecuting hate
crimes (Israel); 176.134. Continue to engage with the affected communities to
provide protection to those most vulnerable to hate crimes and discrimination,
and to better understand their circumstances (Singapore); 176.135. Strengthen
the laws and mechanisms at the federal and state level to further combat racial
discrimination in all its forms as well as against hate speech and hate crimes,
to ensure that people are protected therefrom; (Niger); 176.136. Prohibit
racial discrimination and racist hate speech, as well as broaden the protection
afforded by law (Azerbaijan); 176.137. Take concrete measures to combat racial
discrimination in law enforcement, and in the administration of justice
(Maldives); 176.138. Take necessary measures to combat discriminatory practices
against women and migrant workers in the labour market (Algeria); 176.139.
Strengthen the existing mechanisms to prevent the excessive use of force and
discriminatory practices in police work (Peru); 176.140. Take necessary
measures to ensure that its commitment to eliminating racial discrimination is
fully respected, particularly by law and order forces, as well as by the
criminal justice system (Algeria); 176.141. Take necessary measures to fight
against discriminatory practices of the police based on ethnic origin (France);
176.142. Address discrimination, racial profiling by the authorities,
Islamophobia and religious intolerance by reviewing all laws and practices that
violate the rights of minority groups, with a view to amend them (Malaysia); 176.143.
Prohibit that federal authorities undertake racial profiles, and investigate
the disproportionate use of lethal force against coloured people by state and
local police (Bolivia (Plurinational State of)); 176.144. Double its efforts in
combating violence and the excessive use of force by law enforcement officers
based on racial profiling through training, A/HRC/WG.6/22/L.10 20 sensitization
and community outreach, as well as ensuring proper investigation and
prosecution when cases occur (Malaysia); 176.145. That the process of
roundtable discussions among law enforcement, elected officials and community
members, aimed to stem profiling and excessive use of force by the police
should be stepped up to cover as many cities as possible (Nigeria); 176.146. Stop
the practice of racial profiling in the judicial and law enforcement systems
(Russian Federation); 176.147. Eliminate the practice of racial profiling and
surveillance by law enforcement officials (Azerbaijan); 176.148. Effectively
combat racial profiling and the use of excessive force by the police against
coloured persons (Togo); 176.149. Combat racial profiling and Islamophobia on a
non-discriminatory basis applicable to all religious groups (Pakistan);
176.150. Combat racial profiling, as urged by the HR Committee and CERD
(Bangladesh); 176.151. Implement measures to assist states and local
governments in combating excessive use of force by the police and eliminating
racial profiling (Brazil); 176.152. Prohibit federal law enforcement
authorities from engaging in racial profiling (Egypt); 176.153. Continue
efforts on the federal and state levels aimed at overcoming racial
discrimination, especially through the implementation of the Priority
Enforcement Program to guard against racial profiling of immigrants and other
forms of racial discrimination (Holy See); 176.154. Adopt measures at the
federal level to prevent and punish excessive use of force by law enforcement
officials against members of ethnic and racial minorities, including unarmed
persons, which disproportionately affect Afro American and undocumented
migrants (Mexico); 176.155. End police brutality against African Americans and
rectify the judicial as well as socio-economic systems that systematically
discriminate against them (Pakistan); 176.156. Correctly address the root
causes of racial discrimination and eliminate the frequently occurred excessive
use of force by law enforcement against of African-Americans and other ethnic
minorities (China); 176.157. Continue implementing - at all levels - its
policies and programs aimed to eliminate discrimination on any ground, as well
as the use of excessive or unreasonable force in policing (Croatia); 176.158.
Take measures to put an end to police abuses, including the merciless killing
of coloured people, and all racial discrimination (Democratic People’s Republic
of Korea); 176.159. Uphold its obligations to end all forms of racial
discrimination in the country and protect the rights of African Americans
against police brutality (Iran (Islamic Republic of)); A/HRC/WG.6/22/L.10 21
176.160. Take steps to eradicate discrimination and intolerance against any
ethnic, racial or religious group and ensure equal opportunity for their
economic, social arid security rights (Turkey); 176.161. Take measures and
comprehensive programs aimed at developing sensitivities among cultures,
creating the climate of mutual respect and expanding protection against all
forms of discrimination, including profiling on the basis of race, religions or
national origin (Indonesia); 176.162. Heighten efforts to promote
non-discrimination of any kind, including discrimination on the basis of sexual
orientation and gender identity (South Africa); 176.163. Keep promoting
progress in LGBTI issues, especially in preventing discrimination based on
gender or sexual orientation (Israel); 176.164. Take affirmative steps to
ensure that individuals’ religious refusals are regulated to conform with
international human rights standards that protect sexual and reproductive
rights and the rights to equality and nondiscrimination on the basis of sex,
gender, sexual orientation or gender identity (Sweden); 176.165. Abolish the
death penalty in those states where it is still used (Nicaragua) / Abolish the
death penalty in all States of the Union (Ecuador); 176.166. Abolish the death
penalty (Costa Rica); 176.167. Abolish the death penalty (Bolivia
(Plurinational State of)); 176.168. Continue efforts towards abolishing the
death penalty (Austria); 176.169. Reduce gradually the number of persons sentenced
to death, and that efforts on this matter are pursued (Congo); 176.170.
Introduce a moratorium at the federal level with view to achieving nationwide
moratorium of capital punishment as a first step to abolishing such penalty
(Lithuania); 176.171. Establish a federal moratorium on the death penalty with
a view to the total abolition of the death penalty in the USA (Luxembourg);
176.172. Establish a moratorium on death penalty at the federal as well as
states level with a view to ultimately achieve nationwide legal abolition
(Nepal); 176.173. Establish a moratorium on the death penalty aiming at its
complete abolition in all states (Uruguay); 176.174. Establish a moratorium on
the application of the death penalty aimed at its abolition and also condone the
death penalty for an Argentinian citizen, Victor Saldano, who is on death row
since 1996 (Argentina); 176.175. Impose a moratorium on executions with a view
to abolish the death penalty at the federal as well as state level (Namibia) /
Institute a moratorium on the application of the death penalty with a view to
abolition (Togo) / Establish, at the federal level, a moratorium on executions
with a view to abolish the death penalty (France) / Establish an official
moratorium on the use of the death penalty (Montenegro) / Establish a
moratorium on the application of the death penalty (Spain) / Impose a
moratorium on executions and abolish the death penalty in all US states
(Turkey) / Ensure the establishment of a moratorium of the death penalty in
those States that have not abolished it yet (Chile); A/HRC/WG.6/22/L.10 22
176.176. Work towards a moratorium on executions with a view of abolishing the
death penalty (Rwanda); 176.177. That federal and state authorities impose a
moratorium on executions with a view to abolishing the death penalty nationwide
(Portugal); 176.178. Impose a moratorium on executions with a view to abolish
the death penalty nationwide (Iceland); 176.179. Impose a moratorium on
executions with a view to abolishing the death penalty nationwide (Ireland);
176.180. Introduce a national moratorium on the death penalty aiming at
complete abolition and take all necessary measures to ensure that the death
penalty complies with minimum standards under international law. Exempt persons
with mental illness from execution. Commit to ensuring that the origin of drugs
being used is made public (Sweden); 176.181. Impose a moratorium on the use of
the death penalty (Russian Federation); 176.182. Impose at least moratorium on
death penalty (Azerbaijan); 176.183. Formally establish a moratorium on
executions at the federal level while engaging with retentionist states to
achieve a nationwide moratorium with the objective to ultimately abolish the
death penalty nationwide (Germany); 176.184. Take all necessary steps to work
towards an immediate moratorium on execution of the death penalty, with a view
to a complete abolishment, in line with international human rights standards
such as the right to live (Netherlands); 176.185. Take necessary steps to
introduce a moratorium on the use of the death penalty at federal and state
levels (Slovakia); 176.186. Impose a moratorium on executions with a view to
abolishing the death penalty for federal offences (New Zealand); 176.187.
Impose a moratorium on executions with a view to abolishing the death penalty
nationwide, and that prosecutors in all jurisdictions cease pursuing death
sentences (Estonia); 176.188. Continue efforts to establish a moratorium and
eventually abolish capital punishment in all states (Sierra Leone); 176.189.
Take into consideration the possibility to adopt a moratorium of capital
executions at state and federal level, given that 26 States have abolished or
adopted a moratorium of capital executions, (Italy); 176.190. Consider as a
first step the application of a moratorium on executions, both at a State and
Federal level, with a view to ultimately abolishing the death penalty (Cyprus)
/ Consider imposing an official moratorium on executions toward the complete
abolition of the death penalty in the country (Greece); 176.191. Consider
introducing on the federal level a moratorium on the use of the death penalty
with a view to its permanent abolition (Holy See); 176.192. Consider adoption
of a moratorium on the death penalty at the federal level (Uzbekistan);
A/HRC/WG.6/22/L.10 23 176.193. A review of federal and state legislation to
restrict the number of offences carrying the death penalty and steps towards
federal and state-level moratoria on executions with a view to its permanent
abolition (Norway); 176.194. Identify the root causes of ethnic disparities
concerning especially those sentenced to capital punishment in order to find
ways for eliminate ethnic discrimination in the criminal justice system
(Angola); 176.195. Identify the factors of racial disparity in the use of the
death penalty and develop strategies to end possible discriminatory practices
(France); 176.196. When continuing to implement the death penalty, do not apply
it to persons with intellectual disabilities (Spain); 176.197. Ensure that no
person with a mental disability is executed (France); 176.198. Take specific
measures in follow-up to the recommendations of the Human Rights Committee to
the US in 2014 with regards to capital punishment such as measures to avoid
racial bias, to avoid wrongful sentencing to death and to provide adequate
compensation if wrongful sentencing happens (Belgium); 176.199. Strengthen the
justice sector in order to avoid imposing the death penalty on those persons
wrongly convicted, and reconsider the use of methods which give raise to cruel
suffering when this punishment is applied (Democratic Republic of the Congo);
176.200. Strengthen safeguards against wrongful sentencing to death and
subsequent wrongful execution by ensuring, inter alia, effective legal representation
for defendants in death penalty cases, including at the postconviction stage
(Poland); 176.201. Continue the efforts on the progress towards the abolishment
of the death penalty, based on the Department of Justice’s review of how it is
being applied in the country (Bulgaria); 176.202. Commit to full transparency
on the combination of medicines used during executions by injection (France);
176.203. Put an end to unlawful practices which violate human rights including
extrajudicial executions and arbitrary detention, and close any arbitrary
detention centres (Egypt); 176.204. Take legal and administrative measures to
address civilian killings by the US military troops during and after its
invasion of Afghanistan and Iraq by bringing perpetrators to justice and
remedying the victims (Democratic People’s Republic of Korea); 176.205. Desist
from extrajudicial killings such as drone strikes and ensure accountability for
civilian loss of life resulting from extraterritorial counter terrorism
operations (Malaysia); 176.206. Stop extrajudicial killings of citizens of the
United States of America and foreigners, including those being committed with
the use of remotely piloted aircraft (Russian Federation); 176.207. Use armed
drones in line with existing international legal regimes and pay compensation
to all innocent victims without discrimination (Pakistan); A/HRC/WG.6/22/L.10
24 176.208. Investigate and prosecute in courts the perpetrators of selective
killings through the use of drones, which has costed the lives of innocent
civilians outside the United States (Ecuador); 176.209. Punish those
responsible for torture, drone killings, use of lethal force against African
Americans and compensate the victims (Venezuela (Bolivarian Republic of));
176.210. Strengthen safeguards against torture in all detention facilities in
any territory under its jurisdiction, ensure proper and transparent
investigation and prosecution of individuals responsible for all allegations of
torture and illtreatment, including those documented in the unclassified Senate
summary on CIA activities published in 2014 and provide redress to victims
(Czech Republic); 176.211. Enact comprehensive legislation prohibiting all
forms of torture and take measures to prevent all acts of torture in areas
outside the national territory under its effective control (Austria); 176.212.
Stops acts of torture by US Government officials, not only in its sovereign
territory, but also in foreign soil (Maldives); 176.213. Prevent torture and
ill-treatment in places of detention and (Azerbaijan); 176.214. Prevent the
continued police brutality and excessive use of force by law enforcement
officials, as well as analyse and eliminate its concrete reasons (Azerbaijan);
176.215. Take comprehensive measures to address the use of excessive force by
the police and ensure the investigation and the prosecution of all such acts
(Bulgaria); 176.216. Take further steps to end the use of excessive force in
policing in all jurisdictions (Canada); 176.217. Respect the absolute prohibition
on torture and take measures to guarantee punishment of all perpetrators (Costa
Rica); 176.218. Ensure the independent and objective investigation of all cases
of police arbitrariness, including murders, torture, arbitrary, detention, use
of military equipment and seizure of property (Russian Federation); 176.219.
Strengthen its measures to address police brutality in accordance with existing
international standards governing the use of force (Thailand); 176.220. Take
concrete measures to eliminate racial criteria in the approach of the law
enforcement officials, and combat the excessive use of force by the same
officers (Angola); 176.221. Adopt legal and administrative measures necessary
to make effective the investigation and sanction of cases of discriminatory
police practices and the use of excessive force by security forces, along with
the carrying- out of awareness-raising campaigns (Argentina); 176.222. Continue
consultations, investigations and reform programmes underway to eliminate racial
discrimination and excessive use of force in policing (Australia);
A/HRC/WG.6/22/L.10 25 176.223. Implement necessary measures to put an end to
the disproportionate use of force against individuals and respect the right of
peaceful protest (Turkey); 176.224. Ensure a sustained human rights training
for law enforcement officers in order to curb killings, brutality and the
excessive use of force targeting racial and ethnic minorities, particularly
African-Americans (Democratic Republic of the Congo); 176.225. Continue to
vigorously investigate recent cases of alleged police-led human rights abuses
against African-Americans and seek to build improved relations and trust
between US law enforcement and all communities around the US (Ireland);
176.226. Punish perpetrators of abuse and police brutality, which are
increasingly alarming and constitute irrefutable acts of increasing racism and
racial discrimination, particularly against African-Americans, Latinos and
women (Cuba); 176.227. Take appropriate measures to eliminate the excessive use
of force by the law enforcement officers. We refer to the case of killing the
Kazakh national. Kirill Denyakin, by a US police officer in 2011 in Virginia
(Kazakhstan); 176.228. Undertake additional measures to address the disproportionate
impact of violence on poor, minorities and immigrant women (Botswana); 176.229.
Investigate cases of deaths of migrants by customs and border patrols,
particularly those where there have been indications of an excessive use of
force, and ensure accountability and adequate reparation to the families of the
victims (Mexico); 176.230. Adopt legislation expanding the verification of
personal backgrounds for all acquisitions of firearms (Ecuador); 176.231.
Eliminate gun violence (Azerbaijan); 176.232. Take necessary measures to reduce
gun violence, concerned at the large number of gun-related deaths and injuries,
which disproportionately affect members of racial and ethnic minorities
(Iceland); 176.233. Consider the adoption of legislation to enhance the
verification of the records for all fire arms transfers and the revision of the
laws that stipulate self-defence without limitations (Peru); 176.234. End the
use of life imprisonment without parole for offenders under the age of 18 at
the age of crime, regardless of the nature of that crime (Austria); 176.235.
Abolish life imprisonment without possibility of parole for nonviolent offenses
(Benin); 176.236. Take further steps to improve the current conditions of its
prisons (Japan); 176.237. Ensure consistent enforcement of consular
notification at all levels of Government and support the passage of related
legislation through Congress (United Kingdom of Great Britain and Northern
Ireland); 176.238. Take further legislative steps towards meeting consular
notification and access obligations under the Vienna Convention on Consular
Relations, by A/HRC/WG.6/22/L.10 26 intensifying already significant efforts
made towards this goal, as referred in paragraphs 72, 73 of the National Report
(Greece); 176.239. Improve living conditions in prisons in particular in
Guantanamo (Sudan); 176.240. Work and do all its best in order to close down
the Guantanamo facility (Libya); 176.241. Immediately close the prison in
Guantanamo and cease the illegal detention of terrorism suspects at its
military bases abroad (Russian Federation); 176.242. Immediately close the
Guantanamo facility (Maldives); 176.243. Close the Guantanamo prison and
release all detainees still held in Guantanamo, unless they are to be charged
and tried without further delay (Iceland); 176.244. Close Guantanamo and secret
detention centres (Venezuela (Bolivarian Republic of)); 176.245. Close, as soon
as possible, the detention centre at Guantanamo Bay and put an end to the
indefinite detention of persons considered as enemy combatants (France);
176.246. Make further progress in fulfilling its commitment to close the
Guantanamo detention facility and abide by the ban on torture and inhumane
treatment of all individuals in detention (Malaysia); 176.247. Fully disclose
the abuse of torture by its Intelligence Agency, ensure the accountability of
the persons responsible, and agree to unrestricted visit by the Special
Rapporteur on Torture to Guantanamo facilities (China); 176.248. Engage further
in the common fight for the prohibition of torture, ensuring accountability and
victims’ compensation and enable the Special Rapporteur on torture to visit
every part of the detention facility at Guantanamo Bay and to conduct
unmonitored interviews (Germany); 176.249. Take adequate measures to ensure the
definite de-commissioning of the Guantanamo Military Prison (Spain); 176.250.
End illegal detentions in Guantanamo Bay or bring the detainees to trial
immediately (Pakistan); 176.251. Put an end to the practice of secret detention
(Azerbaijan); 176.252. Halt the detention of immigrant families and children,
seek alternatives to detention and end use of detention for reason of
deterrence (Sweden); 176.253. Consider alternatives to the detention of
migrants, particularly children (Brazil); 176.254. Treat migrant children in
detention with due respect to human rights and work with neighbouring countries
to address migrant smuggling challenges in order to end human trafficking
(Thailand); 176.255. Promote actions to eradicate sexual and domestic violence
(Israel); A/HRC/WG.6/22/L.10 27 176.256. Guarantee the right to access to
justice and effective remedies to all indigenous women who were victims of
violence (The former Yugoslav Republic of Macedonia); 176.257. Continue to pay
attention to violence against indigenous women by ensuring that all reports of
violence, in particular sexual violence and rape against indigenous women, are
thoroughly investigated, with a focus on ending impunity and bringing
perpetrators before justice (Finland); 176.258. Redouble efforts to prevent
sexual violence in the military and ensure effective prosecution of offenders
and redress for victims (Slovenia); 176.259. Put an end to all US military
presence in foreign territories, which is the root cause of human rights
abuses, including homicide and rape (Democratic People’s Republic of Korea);
176.260. Conduct impartial and objective investigations of all cases of cruel
treatment of adopted children in order to eliminate impunity for such crimes
(Russian Federation); 176.261. Remove the agriculture exemption in the Fair
Labor Standards Act which would raise the age for harvesting and hazardous work
for hired children taking care to distinguish between farm owner and farm
worker children (Belgium); 176.262. Repeal the Amendment of slavery against
agricultural workers, especially women and children (Venezuela (Bolivarian
Republic of)); 176.263. Ensure protection against exploitation and forced
labour for all categories of workers, including farm and domestic workers,
through such measures as a review of appropriate labour regulations (Canada);
176.264. Adapt its normative framework to ensure that all categories of workers
enjoy protection from exploitation and forced labour (Algeria); 176.265.
Prohibit corporal punishment of children in all settings, including the home
and schools, and that the United States encourage non-violent forms of
discipline as alternatives to corporal punishment (Liechtenstein); 176.266.
Prioritize the implementation of a plan of action to combat the sale of
children and child prostitution (Trinidad and Tobago); 176.267. Increase the
minimum age for voluntary recruitment into the armed forces to 18 years, and
criminalize explicitly the violation of the provisions of the OP-CRC-AC (Uruguay);
176.268. Continue to fight crimes of human trafficking (Lebanon); 176.269.
Further increase the efforts to combat trafficking in persons (Armenia);
176.270. An increase in resources for nationwide anti-trafficking awareness
programmes, including law enforcement training (Portugal); 176.271. Implement
the strategic action plan on human trafficking as well as to strengthen
services for trafficking victims (Sudan); 176.272. Establish, where
appropriate, specialized services required for children and women who have been
trafficked or sold for sexual exploitation (Canada); A/HRC/WG.6/22/L.10 28
176.273. Address trafficking in persons, and in particular sexual exploitation
of children that results from this trafficking (Maldives); 176.274. Devise a
national strategy for the re-insertion of former detainees and to prevent
recidivism (Morocco); 176.275. Accelerate the process of passing a legislation
to reform the mandatory minimum sentences begun with the Smart on Crime
initiative (Nigeria); 176.276. Conduct in-depth examinations into how
race-related issues are affecting law enforcement and the administration of
justice (Ghana); 176.277. Conduct in-depth examinations into how race-related
issues were affecting law enforcement and the administration of justice, both
at the federal and state levels (Poland); 176.278. Establishing an independent
commission chaired by a special Prosecutor to help identify and incarcerate the
crimes perpetrated by individuals or groups based on racism (Libya); 176.279.
Comply with the international cooperation principles laid down in General
Assembly Resolution 3074 regarding extradition of persons accused of crimes
against humanity, and extradite former Bolivian authorities legally charged for
their trail in the country of origin (Bolivia (Plurinational State of));
176.280. Extradite Luis Posada Carriles and other terrorists sought by
Venezuela (Venezuela (Bolivarian Republic of)); 176.281. Investigate in a
transparent manner all cases of human rights violations against protesters (Russian
Federation); 176.282. Prosecute all CIA operatives that have been held
responsible for torture by the US Senate Select Committee on Intelligence
(Pakistan); 176.283. Allow an independent body to investigate allegations of
torture and to end the impunity of perpetrators (Switzerland); 176.284.
Prosecute and punish those responsible for torture (Cuba); 176.285. Investigate
the CIA torture crimes, which stirred up indignation and denunciation among
people, to disclose all information and to allow investigation by international
community in this regard (Democratic People’s Republic of Korea); 176.286.
Further ensure that all victims of torture and ill-treatment – whether still in
US custody or not - obtain redress and have an enforceable right to fair and
adequate compensation and as full rehabilitation as possible, including medical
and psychological assistance (Denmark); 176.287. Investigate the excessive use
of force by the police and prosecute the responsible, with a view to putting an
end to such practices (Egypt); 176.288. Investigate torture allegations,
extrajudicial executions and other violations of human rights committed in
Guantanamo, Abu Ghraib, Bagram, NAMA and BALAD camps and to subsequently close
them (Iran (Islamic Republic of)); 176.289. Improve access to justice,
including due process and redress, for victims of sexual violence in the
military; this would include removing from the A/HRC/WG.6/22/L.10 29 chain of
command the decision about whether to prosecute cases of alleged assault (Denmark);
176.290. Adopt legal and administrative measures to make effective the
investigation and sanction of violations of human rights during international
operations, in which members of armed forces and other government agents
participate (Argentina); 176.291. Ensure that youth in conflict with the law
are handled by the juvenile justice system and have access to free legal
advisory assistance (Republic of Moldova); 176.292. Ensure that children under
18 are handled by the juvenile justice system in all circumstances (Slovenia);
176.293. Fully respect and protect the right to privacy (Azerbaijan); 176.294.
Take measures against arbitrary or illegal interferences in private life and
correspondence (Costa Rica); 176.295. Take adequate and effective steps to guarantee
against arbitrary and unlawful acquisition of this data (Kenya); 176.296.
Review their national laws and policies in order to ensure that all
surveillance of digital communications is consistent with its international
human rights obligations and is conducted on the basis of a legal framework
which is publicly accessible, clear, precise, comprehensive and
nondiscriminatory (Liechtenstein); 176.297. Provide effective legal and
procedural guarantees against collection and use by security services of personal
information, including abroad (Russian Federation); 176.298. Take all necessary
measures to ensure an independent and effective oversight by all Government
branches of the overseas surveillance operations of the National Security
Agency, especially those carried out under the Executive Order 12333, and
guarantee access to effective judicial and other remedies for people whose
right to privacy would have been violated by the surveillance activities of the
United States (Switzerland); 176.299. Ensure that all surveillance policies and
measures comply with international human rights law, particularly the right to
privacy, regardless of the nationality or location of those affected, including
through the development of effective safeguards against abuses (Brazil);
176.300. Cease spying on communications and private data of people in the world
(Venezuela (Bolivarian Republic of)); 176.301. Stop massive surveillance
activities both inside and outside its territory to avoid violating the right
to privacy of its citizens and those of other countries (China); 176.302.
Suspend the interception, holding and use of communications, including the
surveillance and extraterritorial interception and the scope of the
surveillance operations against citizens, institutions and representatives of
other countries, which violate the right to privacy, international laws and the
principle of State sovereignty recognized in the UN Charter (Cuba); 176.303.
Respect international human rights obligations regarding the right to privacy
when intercepting digital communications of individuals, collecting
A/HRC/WG.6/22/L.10 30 personal data or requiring disclosure of personal data
from third parties (Germany); 176.304. Strengthen the independent federal-level
judicial and legislative oversight of surveillance activities of all digital
communications with the aim of ensuring that the right of privacy is fully
upheld, especially with regard to individuals outside the territorial borders
of the United States (Hungary); 176.305. Respect the privacy of individuals
outside the US in the context of digital communications and data (Pakistan);
176.306. Amend visa application system by removing any requirements that
violate the right to privacy (Egypt); 176.307. Improve the legal basis that
would ensure respect. for the privacy of individuals (Turkey); 176.308. Uphold
a consistent and robust protection of religious freedom, including religious
speech and conscientious objection, and provide for accommodation of religious
views and actions regarding social issues (Holy See); 176.309. Guarantee the
right by all residents in the country to adequate housing, food, health and
education, with the aim of decreasing poverty, which affects 48 millions of
people in the country (Cuba); 176.310. Amend laws that criminalize homelessness
and which are not in conformity with international human rights instruments
(Egypt); 176.311. Continue efforts to implement the human right to safe water
and sanitation, ensuring this human right without discrimination for the poorest
sectors of the population, including indigenous peoples and migrants (Spain);
176.312. Ensure compliance with the human right to water and sanitation
according to General Assembly Resolution 64/292 (Bolivia (Plurinational State
of)); 176.313. While recognizing economic, social and cultural measures,
strengthen efforts in ensuring equal access to healthcare and social services
(South Africa); 176.314. Continue efforts regarding access to the right to
health (Spain); 176.315. Strengthen measures promoting access of vulnerable
population to public and social and health services (Côte d’Ivoire); 176.316.
Ensure equal access to equality maternal health and related services as an
integral part of the realization of women’s rights (Finland); 176.317. Further
efforts in this positive direction with a view to strengthen national
healthcare programmes so that healthcare is easily accessible, available and
affordable for all members of society (Serbia); 176.318. The removal of blanket
restrictions on abortion for US foreign assistance to permit its use for safe
abortion in cases of rape, life or health endangerment and incest in countries
where abortion is legal (Norway); 176.319. Continue to promote the right to
education, including ensuring equal access to education for vulnerable groups
(Armenia); 176.320. Take concrete steps to include the right to education in
the Constitution (Maldives); A/HRC/WG.6/22/L.10 31 176.321. Guarantee the
enjoyment of human rights of the minorities and vulnerable groups in the country,
including the indigenous peoples and migrants (Nicaragua); 176.322. Fully
implement the UN Declaration on the Rights of Indigenous Peoples, and removing
discriminatory legal barriers (Egypt); 176.323. Implement the Declaration on
Indigenous Peoples (Bolivia (Plurinational State of)); 176.324. Regularly
consult with indigenous peoples on matters of interest to their communities, to
support their rights to traditionally owned lands and resources and to adopt
measures to effectively protect sacred areas of indigenous peoples against
environmental exploitation and degradation (Republic of Moldova); 176.325.
Respond to the suggestion made by the UN Special Procedures in paragraph 69 (n)
of doc A/68/284 regarding cases of Alaska, Hawaii and Dakota (Pakistan); 176.326.
Respect indigenous peoples and ethnic minorities’ rights and interests; fully
consult with them on their land, autonomy, environment, language and other
issues; correct the historical injustice and offer compensation (China);
176.327.
Continue its efforts for the
implementation of its reform plan of June 2014 concerning the education of
American Indian students and make use of education grant available to better
meet the needs of American Indian and Alaskan native students (Albania);
176.328. Review regulations to ensure the protection against exploitation and
forced labour of migrant workers (Bolivia (Plurinational State of)); 176.329.
Review in depth its migration policy (Congo); 176.330. Further improve the
rights of immigrants (Senegal); 176.331. Effectively respect for the rights of
all migrant workers and their family members (Benin); 176.332. That special
attention is given to protecting migrant workers from exploitative working
conditions, specifically in the agricultural sector (Portugal); 176.333. Ensure
the rights of migrant workers, especially in the sector of agriculture where
the use of child labourers is a common practice (Holy See); 176.334. Avoid
criminalization of migrants (Uruguay); 176.335. Facilitating access for
undocumented immigrants and their children to healthcare under that Act
(Portugal); 176.336. Consider the establishment of legislation providing for
access to basic services for undocumented migrants, particularly health
services, in conformity with the Affordable Care Act (Peru); 176.337. Consider
reviewing the eligibility requirements to the public welfare system, so that
the basic human rights of immigrants, including the undocumented, are
guaranteed, in particular access to health for women and children (Honduras);
A/HRC/WG.6/22/L.10 32 176.338. Guarantee the right to family reunification of
migrants held in detention and continue with the efforts to protect the human
rights of migrant persons, particularly their economic, social and cultural
rights (Paraguay); 176.339. Ensure due process for all immigrants in
immigration proceedings, using the principle of the best interest, especially
in the case of families and unaccompanied children (Honduras); 176.340.
Re-evaluate mechanisms at federal, state and tribal level, to address the
disproportionate impact on immigrant women (Maldives); 176.341. Take up the
commitment to address, in a framework of shared but differentiated
responsibility and along with the international community, the world problem of
climate change and its negative impact (Nicaragua); 176.342. Continue to
actively participate in the climate change negotiations for a strong legally
binding outcome of the UNFCCC process (Bangladesh); 176.343. Ensure federal
legislation to prohibit environmental pollution and reduce greenhouse gas
emissions to control climate change (Maldives). 177. 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. A/HRC/WG.6/22/L.10 33 Annex
Composition of the delegation The delegation of the United States of America
was headed by The Honorable Keith Harper, U.S. Ambassador to the Human Rights
Council United States Mission to the United Nations Office in Geneva and Mary
McLeod, Acting Legal Adviser, Office of the Legal Adviser, Department of State,
and composed of the following members: • The Honorable Kevin Washburn,
Assistant Secretary for Indian Affairs, Bureau of Indian Affairs Department of
the Interior • Jocelyn Aqua, Senior Component Official for Privacy, National
Security Division, Department of Justice • David Bitkower, Deputy Assistant
Attorney General, Criminal Division, Department of Justice • Scott Busby,
Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor
Department of State • James Cadogan, Senior Counselor, Office of the Assistant
Attorney General for Civil Rights Department of Justice • Gwendolyn Keyes
Fleming, Chief of Staff to the Administrator, Environmental Protection Agency •
Nadine J. Gracia, Deputy Assistant Secretary for Minority Health, Department of
Health and Human Services • Bryan Greene, Acting Assistant Secretary and
General Deputy Assistant, Secretary for Fair Housing and Equal Opportunity,
Office of Fair Housing and Equal opportunity, Department of Housing and Urban
Development • Brigadier General Richard Gross, Legal Counsel to the Chairman of
the Joint Chiefs of Staff Department of Defense • Lieutenant Colonel Lloyd
Dennis II Hager, Deputy Legal Counsel, Office of the Chairman’s Legal Counsel
Department of Defense • Kathleen Hooke, Assistant Legal Adviser for Human
Rights and Refugees, Office of Human Rights and Refugees. Office of the Legal
Adviser, Department of State • Tara Jones, Foreign Affairs Specialist,
International Humanitarian Policy, Office of Stability and Humanitarian
Affairs, Department of Defense • Sofija Korac, Foreign Affairs Officer, Office
of Multilateral and Global Affairs, Bureau of Democracy, Human Rights, and
Labor, Department of State • Josh Kretman, Attorney Adviser, Office of Human
Rights and Refugees, Office of the Legal Adviser Department of State • Megan
Mack, Officer for Civil Rights and Civil Liberties, Office for Civil Rights and
Civil Liberties Department of Homeland Security • Laura Olson, Acting Director,
Programs Branch, Office for Civil Rights and Civil Liberties Department of
Homeland Security, • Eric Richardson, Deputy Political Counselor, Political and
Specialized Agencies Office, United States Mission to the United Nations,
Geneva A/HRC/WG.6/22/L.10 34 • David Sullivan, Legal Adviser, Office of Legal
Af fairs, United States Mission to the United Nations Geneva • Valerie Ullrich,
Political Officer, Political and Specialized Agencies Office, United States
Mission to the United Nations, Geneva • Amanda Wall, Attorney Adviser, Office
of Human Rights and Refugees, Office of the Legal Adviser Department of State •
Kevin Whelan, Deputy Legal Adviser, Office of Legal Affairs, United States
mission to the United Nations Geneva • Eric Wilson, International Affairs
Coordinator, Office of the Assistant Secretary for Indian Affairs Bureau of
Indian Affairs, Department of the Interior • State Government Representative:
The Honorable Lisa Madigan, Attorney General, State of Illinois Chicago,
Illinois
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