A/HRC/16/5 64. Spain recognized progress made in the field of human rights since the adoption of the 1992 Constitution, as well the ratification of most international human rights instruments. Spain regretted that the death penalty remained in force. It welcomed the adoption of the law on gender violence. Although homosexuality had not been criminalized, Spain stated that provisions of the Penal Code might be used against lesbian, gay, bisexual and transgender persons. Spain asked for information about tangible measures taken to investigate the July 2008 events in Sukhbaatar Square. Spain made recommendations. 65. Switzerland welcomed the progress made in the field of human rights and the moratorium on the death penalty. It noted a lack of independence and efficiency on the part of institutions responsible for countering corruption. Switzerland made recommendations. 66. Portugal acknowledged with appreciation the moratorium on the death penalty and raised questions about its de jure abolition and the classification of the death penalty as a State secret. It also asked about the plan to reduce the number of street children and to ensure the prohibition of child labour. Portugal welcomed the bilateral agreement between Mongolia and the Macao Special Administrative Region on human trafficking. Portugal made recommendations. 67. Slovenia commended Mongolia for its standing invitation to special procedures mandate holders and for the moratorium on the death penalty. Slovenia inquired about measures taken to review and amend legal provisions discriminating against women, activities to enhance access for rural women to various basic services, and the right to education of various categories of children, including the children of herders. Slovenia made recommendations. 68. Ghana welcomed the moratorium on the death penalty. It echoed the concerns expressed by the Special Rapporteur on Torture regarding the definition of torture, which was not in line with the Convention against Torture, and the use of evidence obtained from torture in legal proceedings. Ghana noted that Mongolia had established the National Committee for Gender Equality in 2005, but echoed concerns expressed by the Committee on the Elimination of Discrimination against Women about the lack of visibility and resources of the Committee. Ghana made recommendations. 69. The Netherlands commended Mongolia for its moratorium on the death penalty and expressed hope that it would lead to abolition. The Netherlands referred to concerns expressed by the Special Rapporteur on Torture about the continuing use of torture and the legal definition of torture, which was not in line with the Convention against Torture. Netherlands commended Mongolia for the establishment of a centre for lesbian, gay, bisexual and transgender persons, but expressed concerns about reported incidents of harassment against such persons. The Netherlands made recommendations. 70. Japan expressed appreciation for the fact that the 1992 Constitution provided for protection of the fundamental rights and freedoms of citizens. It asked about the implementation of the United Nations Action Plan (2005–2009) for the World Programme for Human Rights Education and about measures to address traditional discriminatory practices related to the roles and responsibilities of women in the family and in society. It expressed concern about the sexual exploitation of children. Japan made a recommendation. 71. Kazakhstan commended Mongolia for its efforts and achievements relating to human rights promotion and protection, and welcomed the moratorium on the death penalty. It noted that Mongolia had made efforts to harmonize development policy and planning with gender-related trends. It noted that Mongolia had ratified the core international human rights instruments. Kazakhstan asked for further information about concrete measures taken on the right to a healthy and safe environment. Kazakhstan made recommendations. 11