A/HRC/14/37 clear signal of its commitment to human rights. Assistance from the international community was crucial for the Gambia. 608. The United States of America thanked the Gambia for having accepted 61 recommendations, including that made by the United States regarding trafficking in persons. The United States however urged the Gambia to reconsider its decision not to support other recommendations, including the one relating to the fight against violence based on sexual orientation and gender identity, and to decriminalize sexual activity between consenting adults. 609. Nigeria congratulated the Government of the Gambia for its active participation in the universal periodic review process, an indication of its readiness to continue to engage with the United Nations human rights system. Nigeria commended the fact that the Gambia was completing arrangements for the establishment of a national human rights institution. It recognized the challenges faced by the country and encouraged the Government not to relent in its efforts, but see to the implementation of the recommendations accepted as a means of improving the enjoyment of human rights by its people. 3. General comments made by other relevant stakeholders 610. The Canadian HIV/AIDS Legal Network referred to the criminalization of consensual same-sex conduct in domestic law, punishable to up to 14 years of prison. The organization was concerned by the Gambia’s rejection of recommendations regarding this issue. It mentioned reports of arbitrary arrest on these grounds, and that stakeholders had been distressed by the public statements of high-level officials threatening homosexuals with expulsion from the country or beheading. The Human Rights Committee had also confirmed that the provisions criminalizing consensual same-sex conducts violated the rights to privacy and non-discrimination established in the International Covenant on Civil and Political Rights. Thus, it urged the Gambia to reconsider its position and accept the recommendations that it had previously rejected. Lastly, it recommended that violence directed against any person, including because of sexual orientation or gender identity, be vigorously prosecuted, and that incitement to violence on these grounds be condemned. 611. Amnesty International welcomed the Government’s stated commitment to ensure inclusive follow-up to the universal periodic review. It acknowledged the Gambia’s support for the recommendations relating to women’s rights and further cooperation with special procedures. It emphasized the importance of urgently implementing recommendation 24, on the need to investigate and punish human rights violations committed by security forces. The Gambia should support a number of pending recommendations concerning the enforcement of ratified human rights instruments, the establishment of a national human rights institution, cooperation with special procedures, the death penalty, unlawful arrest and detention, torture and enforced disappearances, the independence of the judiciary and the protection of human rights defenders. Lastly, Amnesty International mentioned that the rejected recommendations on freedom of expression mirrored the Gambia’s obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. It therefore urged the Government to honour them. 612. Verein Sudwind Entwicklungspolitik recalled that the right to freedom of expression was recognized by the constitution of the Gambia. Gambian law banned any harassment and intimidation of media institutions, and hence all such acts should cease, irrespective of the Gambia’s position with regard to recommendations 15 to 30. It acknowledged the ongoing, positive institution-building process, in particular the setting-up of an independent national human rights institution. It also referred to the recommendations relating to additional visits by special procedures and to the accession to the Convention against Torture and the Optional Protocol thereto. It raised concerns over female mutilation, which it considered a form of torture. 140 GE.12-17781

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