UNIVERSAL PERIODIC
REVIEW OF BHUTAN
4th
December 2009
GENEVA
Opening Statement by H.E. Lyonpo
Kinzang Dorji, Former Prime Minister and Special Envoy of the Prime
Minister, Leader of the Delegation, Royal Government of Bhutan
Mr. President,
Distinguished Representatives,
Ladies and Gentlemen,
- I am greatly honored to lead
the Bhutanese delegation to the Universal Periodic Review of my country,
and to present our National Report to the Working Group today. Allow
me to introduce the Co-Leader of our Delegation, His Excellency Lyonpo
Thakur Singh Powdyel, Minister for Education, joined by other members
of our Delegation representing various government sectors.
- The Royal Government of Bhutan
attaches high importance to the UPR mechanism. In the preparation
of our National Report, a multi-sectoral committee was constituted and
broad consultations held with all relevant stakeholders. The Report
has been made available in English, Dzongkha and Nepali. It has been
made publicly and widely available, including through print, broadcast,
and electronic media. A UPR hotline was established to receive views
and recommendations from the general public.
- We greatly appreciate the
opportunity provided by the UPR mechanism to reflect and assess, in
a self-critical manner, our achievements as well as identify existing
gaps and challenges in the promotion and protection of human rights
on the ground. It is also an occasion to share best practices and bring
about further improvement through constructive dialogue and international
cooperation. We are confident that the outcome of this review will contribute
towards Bhutan’s efforts in further enhancing the enjoyment of the
full spectrum of human rights of its people. We approach the whole review
process with an open and a positive mind and are keen to engage with
all delegations to receive and consider your constructive comments and
recommendations.
4. The welfare of
its citizens…indeed, of all sentient beings, has been the guiding
principle of Bhutan’s governance since the time of Zhabdrung Ngawang
Namgyal, the monk-statesman who ruled Bhutan in the 17th
Century. The laws which he promulgated were based on the precepts of
justice, equity and above all, compassion. These were refined and updated
by the successive monarchs of the Wangchuck dynasty.
- For more than 100 years, the
Kings of Bhutan have evolved a unique Monarchy which defies easy comparisons.
It has been the particular good fortune of the Bhutanese people that
we have had great Kings in our history who served, rather than ruled
over their people, and from whom have emanated every initiative for
progress and reform in the country. In culmination of a series of far
reaching political changes initiated by the Fourth King, His Majesty
Jigme Singye Wangchuck, Bhutan peacefully transitioned into a Parliamentary
Democracy last year in 2008. We adopted our first written Constitution
on 18th July 2008 and since then; the newly elected government
of Prime Minister Jigmi Y. Thinley has been working tirelessly to lay
the firm foundations for a strong and vibrant democracy.
- The main goal of this political
transformation is to create a modern, democratic nation that would meet
the highest standards in upholding the full range of rights of its people.
The Constitution of Bhutan reflects and articulates these aspirations.
It provides the overarching legal framework for the country and is based
on the principle that every individual possesses the fundamental rights
and freedom to secure equality and effective protection of their rights
and dignity irrespective of ethnic origin, religion, gender or other
status.
- We believe that these fundamental
rights are essential for realizing the full human potential of each
individual. This is clearly articulated in Article 7 of the Constitution,
which specifically guarantees and protects human rights including the
right to life, liberty and security of person, right to freedom of speech,
expression and opinion, and freedom of thought, conscience and religion.
It provides for speedy and effective legal remedies if these rights
are infringed or violated. The Constitution lists the guidelines for
social and economic policies so that no matter which government is in
power, it will be beholden to give highest priority to people’s welfare.
These rights are further reinforced in Article 9, Sections 3, 17 and
18.
- The sanctity of the Constitution
is guaranteed through the separation of the powers of the Judiciary,
the Legislature, and the Executive. Independent and effective oversight
mechanisms, such as the Election Commission, the Royal Audit Authority,
the Anti-Corruption Commission, and the Royal Civil Service Commission
have been established. But above all, it is the institution of Monarchy,
which enjoys the deepest love and respect of the people of Bhutan that
will act as a restraint to violations of the rule of law by any government
that may preside at the time.
- Our domestic efforts to strengthen
human rights have been further complemented by engagements and cooperation
with regional and international agencies. In particular, being a state
party to CRC, CEDAW and relevant SAARC Conventions, we have benefited
from constructive dialogue with their respective expert bodies on a
periodic basis. Such inter-actions as well as cooperation with other
UN human rights mechanisms have contributed to the development of relevant
legislative instruments and in undertaking activities in the area of
human rights. We are fully committed to expanding and deepening engagements
by assuming obligations of relevant human rights instruments commensurate
with our increasing capacity to meet them.
- As a state party to CEDAW,
Bhutan is fully committed to ensuring the equal rights of women and
men to enjoy all economic, social, cultural, civil and political rights,
and also to eliminating discrimination against women in all its forms.
Women in Bhutan play an active and prominent role in society, both in
the workplace and at home, making important contributions to the overall
development of the country. Traditional Bhutanese society provides a
secure environment for women. Large parts of the country are matri-lineal,
women inherit property, and also have significant decision making power
over property and family matters.
- Bhutan is a multi ethnic,
multi religious country. These are sources of strength, and the
diversity has served to enrich our society. Consistent with the
philosophy of Gross National Happiness, the principle of non discrimination
irrespective of gender, ethnic origin, religion, language, political
opinion, economic status or other grounds, has always been central to
all government policies and actions, which are designed to foster an
inclusive and harmonious society, conducive to the full development
of the human personality. The principles of equality and non-discrimination
are enshrined throughout the Constitution, including Article 7(15),
and Article 9(3), Article 9(17). Article 9(3) in particular states
that “The State shall endeavour to create a civil society free of
oppression, discrimination and violence, based on the rule of law, protection
of human rights and dignity, and to ensure the fundamental rights and
freedoms of the people.” The same principle reaffirming that “All
persons are equal before the law and are entitled to equal and effective
protection of the law without discrimination on the grounds of race,
colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status” is contained in
Section 3 of the Civil and Criminal Procedure Code of Bhutan 2001.
- Bhutanese citizens, regardless
of their ethnic origin, enjoy equal rights and access to social services.
Particular concern has been expressed over the rights enjoyed by Bhutanese
of ethnic Nepalese origin, who reside mostly in Southern Bhutan, and
are, therefore, known as Lhotshampas. Ethnic Nepalese first entered
southern Bhutan in the beginning of the 20th century as economic
migrants and they were granted Bhutanese citizenship as a one-time measure
in 1958 in accordance with the decision passed by the 11th
session of the National Assembly of Bhutan. Southern Bhutanese
who now comprise over 20% of our population are full and active members
in all segments of our national life. They are fully represented in
the civil service, the security forces, the Parliament and in the business
sector. Currently, two of the 10 cabinet ministers as well as the Deputy
Speaker of the National Assembly and 20 percent of the members of the
National Assembly are of ethnic Nepalese origin.
- Bhutan’s small but diverse
population coexists harmoniously in a society that is tolerant and open.
Bhutan has not faced sectarian or religious violence and there is no
discord or social tension between people of different faiths. Freedom
of religion is guaranteed by the Constitution and
the government continues to promote peaceful coexistence between the
different religious groups in the country. In order to maintain and
preserve societal harmony, the Constitution also specifically provides
that religious conversions through coercion or inducement are not permitted.
In the south where many are Hindus, there are Hindu temples, including
those supported by the government. Dashain,
which is one of the most important celebrations during the Hindu festival
season, is observed as a national holiday.
- Geography, history, and our
vibrant cultural traditions have given shape to the contours of Bhutan’s
political ethos and legal traditions. Underpinned by the spirit of tolerance,
respect, and search for middle path that prevails in Bhutanese society,
respect for the rights of not just humans, but all sentient beings has
always featured strongly in the Bhutanese consciousness. These we believe,
are complementary to the universal standards of human rights and reinforces
the government’s commitment to secure the full range of human rights
for all Bhutanese. Bhutan believes that human rights must be viewed
in a holistic fashion. We share the conviction that all human rights
are indivisible, interrelated, interdependent and mutually reinforcing.
Furthermore, Bhutan’s approach to human rights has always been driven
by the belief that equal importance must be accorded to civil and political
rights, and economic, social and cultural rights including the right
to development.
- Bhutan is guided by the development
philosophy of Gross National Happiness, which is much larger than the
sum-total of contented individuals. In fact, GNH goes beyond the individual
and embraces our obligations to society and humanity at large with its
ideals of holistic development, sharing, mutual respect and tolerance.
GNH places people at the centre of development efforts but realizes
that we cannot keep consuming the finite resources of planet earth without
undermining the rights of future generations. It also recognizes that
quality of life is more than just material comfort; that psychological
and emotional well being and cultural growth enhances our ability to
contribute to enriching all humanity. Since GNH is a guide for state
policy, the government is committed to carry on the highest standards
of good governance and selfless service to the people and country -
a legacy that our enlightened Kings have set for us to follow in Bhutan.
We are also working with many like-minded countries around the world
to refine the tools and indicators of GNH so that this holistic development
paradigm may become an alternative development model.
- Bhutan is a small, landlocked,
least developed country nestled in the eastern Himalayas between two
of the world’s most populous and dynamic nations. Our journey has
been one of challenge and progress, struggle for a foothold within the
comity of nations, while striving to retain our unique culture and tradition.
The challenges and vulnerabilities we face are real, and have a direct
impact on the enjoyment of the full spectrum of human rights and fundamental
freedoms of our people.
- As with many least developed
countries, poverty remains one of the greatest impediments to the full
enjoyment of human rights in Bhutan. For us, poverty can be defined
in terms of physical access - to means of communication, essential social
services, and other public facilities. While the government has
since the initiation of planned development in 1961, consistently devoted
30% of its national budget to the social sector, harsh mountain terrain
and sparse, scattered population, contribute to the exponential increase
in the cost of delivery of services. The present government, which has
been elected on the platform of equity and justice for all Bhutanese,
continues to adopt poverty alleviation as the main focus of the current
Five Year Plan. Without basic economic capacity, people cannot be empowered
to realize their most fundamental rights.
- During the current five year
plan, the Government's objectives are to ensure that every village center
will be accessible by motorable road; every household connected to electricity;
every family given easy access to adequate health services including
clean drinking water. Every child will be brought within easy walking
distance to a primary school; and every house provided with telecom
connectivity. The provision of such basic services will enhance the
economic capacity and quality of lives for the most deprived segments
of our society. It will also help address the important issue of equity.
These are high standards against which the current government has submitted
itself to be held accountable.
- One of the most serious
challenges we face as a small developing state with a population of
only 658,888 is of demographic inundation from within our region.
Our region is one marked by the vast movement of destitute people across
porous and open borders fleeing a combination of extreme poverty, environmental
degradation and political instability. Our relative success in the area
of socio economic development makes Bhutan an attractive destination
for those in search of better livelihoods. This is not a new phenomenon,
it is a situation faced by many other states, both large and small,
developed and developing, and in all regions of the world. In
our case however, given our tiny population and fragile culture, it
is a question of our survival as a nation state, and, therefore, one
of national security as well. Under these circumstances, our nationality
and citizenship laws are our only safeguards, as well as our sovereign
duty to our people.
- Article 6 of the Constitution
pertains to the issue of citizenship, which is conferred through
jus sanguinis, and through naturalization. According
to Section 1, both parents must be citizens of Bhutan to be considered
a natural born citizen. Specific conditions for citizenship through
naturalization are contained in the Bhutan Citizenship Acts of 1985,
1977, and 1958. In the last few years, 588 individuals of Nepalese origin,
930 Tibetans and 222 individuals of other nationalities have been granted
Bhutanese citizenship through naturalization. With the enactment of
the 1985 Citizenship Act, Bhutan's citizenship laws became gender neutral.
Children borne of one parent who is a Bhutanese citizen can apply for
citizenship when they attain the age of 15 years. The Royal Government
is in discussion with UNICEF to seek their assistance to develop effective
institutional mechanisms for birth registration. According to
the citizenship laws of Bhutan, Bhutanese women who are married to non-Bhutanese
do not lose their citizenship.
- On the issue of the people
in the refugee camps in eastern Nepal, beyond the political imperatives
of the issue, it is first and foremost, a complex humanitarian situation,
one confounded further by the mass movement of people across porous
borders. The question of a just and durable solution to the issue
is the subject of bilateral negotiations between the governments of
Bhutan and Nepal. I would like to reiterate the commitment of the Royal
Government of Bhutan to finding a lasting solution through the bilateral
process. This notwithstanding, we continue to face the threat of terrorism,
posed by violent extremist groups from the refugee camps. As a small
peace loving country, Bhutan does not have the means to deal with such
groups whose expressed objectives are to destabilize the country.
- On the eve of the Copenhagen
Climate Change Summit, I would be remiss not to highlight Bhutan’s
serious concerns over the effects of rising global temperatures, particularly
in view of the clear and looming threat they pose to the people of states
that stand at the frontline of its onslaught. Bhutan has demonstrated
its commitment to a development path that is clean and green in line
with the development philosophy of Gross National Happiness. Our Constitution
requires that we maintain 60% of our land under forest cover at all
times which at the moment is at 72.5%. We are already beyond being carbon
neutral with a net sequestration of green house gases, yet climate change
and its impacts such as Glacial Lake Outburst Floods, erratic weather
patterns, and rising cases of vector borne diseases endanger some of
the most basic human rights of our people.
- Bhutan recognizes and appreciates
the important role that NGOs have in fulfilling their primary responsibilities
of advancing the cause of human rights in general and the protection
of the rights of victims in particular. However, as recognized by the
international community through numerous UN resolutions and the IB package,
information they submit must be based on “credible and reliable”
sources. Unfortunately, we note that the 6 NGOs that provided submissions
to the Stakeholders compilation are special interest NGOs based outside
of the country, and who may not be familiar with the situation in the
country. Some of the organizations identified, which purport to represent
the views and interests of Bhutanese, have never even set foot in the
country. Much of the second and third hand accounts these groups have
relied upon originate from individuals with politicised and personal
agenda or are now outdated.
- My delegation would like
to thank the delegations of Argentina, Czech Republic, Denmark, Germany,
Latvia, the Netherlands and UK for their advance questions, which were
shared with us in a constructive spirit. Many of their concerns have
been addressed in my statement. We will have opportunity to address
others during the course of the interactive dialogue.
- In conclusion, we would like
to submit that respect for human rights is an intrinsic part of Bhutan’s
traditional, social, cultural, and political fabric. Despite the
challenges we face, we are determined to continue pursuit of the realization
of the full range of human rights and fundamental freedoms for Bhutanese
in accordance with our international human rights treaty obligations.
This has received even greater impetus with our transition to democracy
in 2008 and the adoption of our first Constitution that same year. Bhutan
has the required normative, development and political framework for
its people to enjoy and pursue all fundamental rights. The existence
of such an enabling environment further complements the efforts of the
Royal Government to remain committed and steadfast in our efforts to
strengthen human rights for all in the country. We recognize that as
a Parliamentary Democracy, we need to invest substantial financial and
human resources to strengthen democratic institutions, as well as educate
our people on their rights and duties, which will ultimately be the
guarantor of human rights. We seek the constructive support and cooperation
of the international community in our efforts to further protect and
promote all human rights in Bhutan.
Thank you, Mr. President.
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