Mr. President,
Cuba reiterates its commitment to the Universal Periodic Review (UPR). Its establishment was a positive milestone in the multilateral human rights system.
The UPR is not perfect, but over the course of two decades it has proven to be the most effective mechanism available to the Council for promoting and protecting human rights. Preserving its integrity is everyone’s responsibility.
The UPR achieves positive progress on the ground because it is a non-discriminatory mechanism of universal scope, based on respectful dialogue, genuine cooperation and the consent of States. The UPR is effective because it excludes confrontation, selectivity, interference and stigmatization.
Cuba considers it positive and fair that draft decision L.44 acknowledges Nicaragua’s participation in the interactive dialogue with the UPR Working Group, as well as the submission of its national report.
As evidenced in the draft, Nicaragua demonstrated, through concrete actions, its political will and readiness to engage in dialogue and cooperate with the Human Rights Council, including through the UPR.
The process was interrupted at an advanced stage, as Nicaragua considered that the Council’s continued imposition of punitive, interventionist and biased mechanisms, together with its silence on the unilateral coercive measures applied against that country, was inconsistent with Nicaragua’s cooperation efforts.
As established in resolution 5/1 and recalled in the draft decision, the UPR is a cooperative mechanism based on interactive dialogue, which requires the full participation and involvement of the State under review at all stages of the process, including in the outcome of the review.
Accordingly, the final UPR report on Nicaragua cannot be adopted without first having received the Addendum and the proper response from the State under review.
Likewise, resolution 5/1 stipulates that the Human Rights Council must exhaust all efforts to encourage a State to cooperate with the Universal Periodic Review.
Such efforts must be based on respectful and constructive dialogue with the State concerned.
Cuba rejects the imposition of artificial and arbitrary time limits for classifying a case as one of sustained non-cooperation. Each case requires a separate, objective and comprehensive examination.
Any decision adopted by the Human Rights Council concerning the Universal Periodic Review of Nicaragua or any other country must respect the institution-building package and the principles governing the functioning of the UPR.
The Cuban delegation will not oppose consensus on decision L.44, on the understanding that it is a strictly procedural text that contains no assessment of the human rights situation in Nicaragua and does not prejudge the outcome of the Universal Periodic Review concerning that country.
Thank you.