23rd January – 3rd February 2023
Gabon Review - 4th Cycle
23rd January 2023
By Kiyana Newell / GICJ
Executive Summary
On Tuesday, 24th of January, Gabon presented its report during the 42nd Session of the Universal Periodic Review. During the review, United Nations member states of the Human Rights Council were able to have an interactive discussion to present concerns, questions, and recommendations.
Gabon was commended for its strides towards improving its human rights conditions since 2017, when the last UPR was held. Nonetheless, many UN member states expressed concerns regarding women's and children's rights, lgbtqia+ rights, high detention rates and facility conditions, the freedom of expression, human trafficking, and improvement of education.
Geneva International Centre for Justice (GICJ) commends Gabon on its efforts and commitment to making policy and institutional changes to address human rights issues within its country since the last UPR cycle. However, even though we acknowledge Gabon's strides in the last several years, there is more that needs to be done in addition to ensuring that there is equality for all, improvement on detention facility conditions, the right to inclusive education, protection from human trafficking, and the right to freedom of assembly, association, and assembly are upheld to international standards.
Background
The UPR was created by the Human Rights Council on the 15th of March 2006 to undertake a periodic review of the human rights records of all 193 UN member states. The goal of the UPR is to improve human rights conditions in every country by expanding, promoting, and supporting human rights. The member states present a report on the country's conditions and then have an interactive dialogue. Since this is Gabon's 4th cycle, the report followed up on the recommendations made by delegations on the 3rd cycle.
Gabon's report was submitted in September 2022 to the Human Rights Council and consisted of efforts made by the government to implement the 143 recommendations accepted in 2017 during the last cycle. In addition, the reports illustrate its improvement and efforts in key policy areas; 1) implementation of a mechanism for the prevention of torture, 2) Strengthen the freedom of expression by the adoption of Ordinance No. 12/PR/2018, 3) Conditions of detention, 4) Trafficking in persons 5) Women's rights and gender equality 6) Economic, social, and cultural rights 7) Children's Rights and 8) Rights with persons with disabilities.
Delegation Concerns
During the interactive dialogue, The Permanent Representative of Gabon to the United Nations Offices in Geneva, Ms. Mireille Sarah Nzenze, introduced the review by expressing the importance of the UPR and Gabon's commitment to upholding human rights standards within the country. Afterward, the Minister of Justice, Ms. Erlyne Antonella Ndembet, presented Gabon's country report. The Minister of Justice illustrates how Gabon is committed to women's rights, improvement of detention facilities, freedom of assembly, and the prevention of human trafficking, as well as mentioning how Covid-19 delayed the policymaking process concerning menstrual hygiene and gender equality.
Following the opening remarks, UN member states were given the floor to comment and provide recommendations to Gabon and convey their condolences to Gabon for the passing of the Foreign Minister, Michael Moussa Adamo.
Inclusive Education
Delegates called on Gabon to improve its education system by increasing the inclusion of students with disabilities and promoting the importance of education for girls. Turkey urged Gabon to increase outreach regarding the importance of education for girls of all levels. Similarly, Vietnam called on Gabon to implement a more comprehensive strategy for inclusive education for children with disabilities, and Argentina called for Gabon to extend education to children with disabilities and recommends free-of-charge education until 12
Right to Freedom of Expression, Association, and Assembly
It is expressed in Gabon's report that they have taken measures to strengthen the citizen's right to freedom of expression, association, and assembly by ending the custodial sentences of press offences through adoption of the Ordinance No. 12/PR/2-18 and, in 2019, issuing 186 press cards to clear media scenes. However, delegates called on Gabon to make more efforts to ensure citizens are fully able and are protected by the rights of these freedoms.
Australia and Spain conveyed their concern about reports of severe restriction of the freedoms of movement and peaceful assembly. Therefore, they recommended that Gabon fully grant the exercise of rights to a peaceful assembly, press, association, and expression and have safeguards against arbitrary arrests. Armenia also called on Gabon to establish further a mechanism to protect journalists' free and independent work. Further, Belgium asked Gabon to protect and promote the freedom of expression online and offline as well as the independent work of journalists.
Women's rights and Empowerment
Women's rights were key speaking points during the interactive dialogue. For instance, Spain asked Gabon to enhance outreach campaigns to promote reporting in cases regarding gender-based violence and recommended legal prohibition of sexual harassment violence in the workplace and polygamy. The Bahamas recommended for revising the 1972 Civil Code to enhance legal equality for married women by considering gender-based violence as legitimate grounds for divorce in Gabon. Similarly, the United Kingdom recommended reforms protecting women's rights in the administrative and civil law framework by adding definitions of discrimination against women.
Children's Rights
During the interactive dialogue, the United States expressed that Gabon should resume labour inspections to protect internationally recognised workers' rights to eliminate the worst forms of child labour. Similarly, Armenia recommended further development in regulations to monitor and evaluate reducing child labour.
In the same context of children's rights, Belgium wanted Gabon to revisit the revisions of the Civil Code to make sure the minimum age of marriage is 18 for girls and boys and to raise awareness among religious and traditional chiefs and parents about the effects of child marriage and establish investigative procedures for acts of violence and sexual harassment committed against girls at school and prosecute their perpetrators.
Human Trafficking
Ukraine, Argentina, and Estonia called on Gabon to combat all forms of human trafficking. Part of Argentina's recommendations was to adopt legislative measures to ensure all enforced disappearance cases remain outside the jurisdiction of military courts and can only be investigated and heard by regular courts. Estonia recommended training law officers and healthcare professionals on the early indicators and identification of human trafficking.
Lgbtqia+ Rights
UN Member states welcomed Gabon's decriminalisation of same-sex relations between consenting adults. However, Argentina recommends positive action measures to recognize the gender identity of all persons in line with their empowerment and human dignity. Chile also recommended that Gabon introduce further anti-discrimination legislation to address inequality based on sexual orientation and gender identity.
High Rates of Detention and Detention Conditions
Part of Gabon's report was the improvement of detention conditions in Gabon. Gabon has made policy changes to provide mattresses in facilities and better food. However, the United States mentioned its concern about reports of poor prison conditions. It encourages Gabon to shorten pre-trial detention length and improve prison conditions by adding adequate sanitation, nutrition, and medical care.
Geneva International Centre for Justice (GICJ) wants to accredit Gabon on its participation in the 4th UPR cycle and welcomes its conviction to protect human rights. Nevertheless, we call upon Gabon to adopt and reform its policies and legal framework to further improve human rights conditions within the country. The recommendations made to improve inclusive education, the right to expression, women's and children's rights, detention rates and facility conditions, equality and freedom from discrimination, and human trafficking must be addressed with urgency.
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